Client Services Agreement
Welcome! I am looking forward to working with you. Please read this information carefully. The purpose of this Agreement is to share details about working together so that we both are clear as to what each of our respective roles are and how our communication will take place so that our time will be positive, productive, and comfortable.
This Agreement is being made between Scott Clover, 215 Thompson St #150 NY, NY 10012 (“Practitioner” or “me”) and you, the client authorizing this information and that you have read it. We both legally agree to the following:
Services.
Services Description: Your Services (“Services”) include:
1 Session 60-minutes in length conducted in over the phone
Nature of Services: At the start of a Session, the Practitioner will ask your permission to start the Session. You must verbally respond with "yes" to proceed. After the Session, drink plenty of water right away and throughout the rest of the day, and to wait to drive a car or operate machinery until it feels safe to do so.
Distance Sessions. During distance Sessions, you will remain fully clothed at all times. You will be asked to place yourself in a comfortable seated position, feet on the floor, with your eyes preferably closed to promote deeper relaxation.
Hands Off: All distance Sessions will be hands off as Energy Healing can be performed from a distance without touch.
Expectations.
What is Energy Healing? Energy Healing is a natural way to promote health and well-being by restoring balance to the mind, body and spirit. At the core, it’s a tool to help relax your body and mind so that you may connect with the calmness and joy within your heart. It can also be used during a time of change or transition to gain better clarity about your life.
What Energy Healing is Not: Energy Healing is offered as a complement to healing arts licensed by the state and traditional Western medicine provided by physicians, nurses, and other licensed professionals. Your Practitioner is not a licensed physician, chiropractor, or therapist, and Energy Healing does not require state licensing.
How Does Energy Healing Work? Energy Healing works by stimulating or observing the flow of vital energy within and around your body. This helps to recharge and balance the flow of subtle energies, relieving the effect of stress while activating the body’s ability to heal itself. Energy is not being directly transferred from the Practitioner; therefore, the energy transmission is a clean exchange, meaning neither the client nor the Practitioner is taking on or absorbing the energy of the other as part of the application of the Services.
Scheduling and Communication.
Contacting Me: Should you need to reach me, please contact me between 9:30 am -700pm ET by e-mail, or text. I will do my best to respond to you within 48 hours on weekdays and by the next business day after weekends and holidays.
Scheduling, Rescheduling & Cancellation: Our time together is important. You’ll schedule your calls/appointments through my website ScottClvoer.com or by text. Please come prepared to start and end your calls/appointments on time. If you need to reschedule or cancel a call/appointment, you need to do so at least 24 hours in advance of your scheduled time by sending an e-mail to scott@scottclvoer.com otherwise, this will be considered a missed call/appointment.
Missed Appointment: There can be a rare occasion where you miss your call/appointment or you forget to let me know at least 24 hours in advance that you need to cancel or reschedule. You may have 1 missed call/appointment during the Services; however, if you miss more, your Services will automatically terminate and you will not have the opportunity to reschedule your calls/appointments or to receive a refund.
Investment and Payment.
Investment: You agree that you are financially willing and able to invest in these Services by choice, and that by so doing, you are not incurring any economic hardship in any way. You agree and understand that you are committing to making all payments on time, even if you stop the Services at any time.
If paying in full, your investment is $195 USD unless previously discussed a different price and due upon booking the Services.
Payment Authorization and Receipt: If paying by PayPal, credit card or debit card, you give the Practitioner permission to automatically charge your credit card or debit card as payment for your Services without any additional authorization, and you will receive an electronic receipt. If the Practitioner chooses to provide you with an invoice instead, you are required to pay it by the date due on the invoice or your Services will be put on hold until payment is made.
Missed Payment: If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 3-day grace period to make the payment following the due date, otherwise your Services will be put on hold. If no payment is made within this grace period, the Services will automatically stop.
Refund Policy: It is my intention for you to be happy with your Services. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing the Services, no refunds will be provided. Unless otherwise provided by law, you acknowledge that all sales are final and we do not offer refunds for any portion of your payment for any of the Services at any time. By signing below, you agree that you will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it. Should you attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not, and you will still remain contractually responsible for payment in full for the Services.
Confidentiality.
Confidentiality is important to me. I will do my best to keep all information exchanged between us during the Services private and confidential. I will not disclose any information that you share with me during the Services to anyone else unless: (1) they have a legitimate reason to know such information as a member of my team or staff, (2) you have given me written permission, (3) if I am required to do so by law, (4) in the good-faith belief that disclosure is necessary to conform to the law or to the legal process, (5) to protect or defend our rights or property, and/or to protect personal safety.
Intellectual Property Rights.
Ownership of Services Content and Materials: I retain all ownership and intellectual property rights to the Services and any content and materials provided to you through the Services, including all copyrights and any trademarks belonging to me. For any content or materials whose ownership does not belong to me, I have received appropriate permission for use and/or copyright authorization to use such content or materials. The Services content and materials are being provided for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Services or Services materials for business or commercial use, or in any other way that earns you money, without my prior written permission. No license to sell or distribute my Services content and materials is granted or implied. No permission to disclose my process as expressed through the Services content and materials is granted or implied.
Intellectual Property Rights in Work Product: Should you share information with me during our Services related to any of your proprietary business ideas or content, you hold all intellectual property rights in your work product developed during your participation in the Services, including but not limited to copyright and trademark rights. I agree not to claim any such ownership in your work product or intellectual property at any time.
Personal Responsibility, Disclaimer & Release of Claims.
Consent, Personal Responsibility & Assumption of Risk: You voluntarily consent to the use of the Services provided by the Practitioner. You have read and understand the information shared in this form about the Services and Expectations. You have discussed with the Practitioner in advance any concerns you have about the nature of the Services. If you have questions or experience any discomfort during the Session, you agree to inform the Practitioner immediately. You acknowledge that you take full responsibility for yourself and all choices, actions and results made before, during and after your Services. You knowingly assume all of the risks of the Services related to your use, misuse, or non-use of the Services content or materials. You agree to be mindful of your own well-being during the course of these Services, and you understand and agree that you are solely responsible for your results.
Disclaimer: I have used care in preparing the information provided to you, but these Services and my Services materials are being provided as self-help tools for your own use and for informational, educational and entertainment purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through these Services. You understand that the Practitioner is not operating a licensed medical provider, physician, chiropractor, or therapist, and that the Services that you are receiving are not licensed by the state. You agree that I am not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through these Services. Nothing related to these Services is intended to be considered medical, mental health, legal, financial, or religious advice, nor is it intended to replace the expertise, care, judgment or guidance of your own medical or mental health practitioners, clergy members, accountants, attorneys or financial advisors. These Services do not, nor are they intended to, serve as medical advice, psychotherapy, psychological counseling, behavioral health, and they are not diagnosing, preventing, treating, curing or healing any specific medical or mental health disease, condition or ailment. These services do not and should not replace your relationship with your own medical and mental health practitioners. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. If you are currently under the care of a medical or mental health professional or currently uses prescription medications, do not make any dietary changes or start or stop taking any dietary supplements or medications because of anything you have read or received through these Services without first consulting with your doctor. Any recommendation of any product or supplement is offered for educational purposes and has not been evaluated by the Food and Drug Administration (FDA), and you agree to check with your own medical professional before using any of these products or supplements on, in or near your body in any way.
Limitation of Liability, Indemnification, and Release of Claims: Because research and information changes frequently, you agree that we are not liable for the accuracy, errors or omissions of statements provided during the Services. You agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may claim to have against me in the future that may arise from your participation in the Services to the fullest extent permitted by applicable law. You agree to hold me free of all liability and responsibility for any actions or results with actual or perceived adverse effects that you claim were created as a direct or indirect result of specific information or recommendations that you have received through these Services.
Media Release: By participating in our Services, you consent to our use of comments, photographs, videos, and/or audio recordings containing your image, voice, text and/or likeness provided in any aspect of the Services, including through social media. You understand that these postings and/or recordings may or will be shared with potential clients or other clients who have purchased our Services.
Other Important Terms.
Termination: If either of us want to terminate the Agreement at any time, we agree to notify the other at least 7 days in advance by e-mail. Even after termination, certain terms of this Agreement, including Investment and Payment (including Refund Policy), Confidentiality, Intellectual Property, Personal Responsibility/Disclaimer/Release of Claims, Governing Law, Dispute Resolution and Non-Disparagement, will survive and apply now and in the future.
Notice: All correspondence or notice required regarding the Services shall be made to me by e-mail at scott@scottclover.com and to you at the e-mail address you provided during enrollment. Should your e-mail address, billing information, or contact information change at any time throughout the Services, it is your responsibility to provide your updated information to me within 3 days of any change.
Force Majeure: Should any cause beyond my reasonable control, including, without limitations, “acts of God”/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible for me to perform my responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, I will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill my responsibilities and obligations.
Entire Agreement, Assignment, Survivability, Enforceability and Waiver: This Agreement contains our entire agreement. This Agreement supercedes or replaces any prior oral or written agreement signed by us pertaining to the subject matter of this Agreement. This Agreement may be modified or amended provided the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If any section of this Agreement is found to be unenforceable, the rest of the document shall be held in full force and effect. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement.
Governing Law: This Agreement shall be construed according to the laws of the State of New York where my principal place of business is located.
Dispute Resolution: Should we ever have a conflict, it is hoped that we could work it out amiably. However, if we are unable to seek resolution through good-faith negotiation within 30 days, we agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing or otherwise provided by law. You understand and agree now that the only monetary damages that can be awarded to you through arbitration is the full refund of your Payment made to date. No other financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in New York, Ny and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
Mutual Non-Disparagement: Should you have any questions or concerns about the Services or me, you agree to contact me directly in a mature and professional way rather than to publicly make negative or critical comments about the Services, my business or me through social media or otherwise. I agree to do the same for you. We both agree now not to communicate with any other individual, company or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation. In arbitration or when required by law, of course, we are not prohibited from publicly sharing our thoughts and opinions.
By signing this Agreement, we both acknowledge that we have read, understand, agree to and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You also agree to the disclaimer and terms and conditions stated on www.scottclover.com/disclaimer. You agree that you have had the opportunity to ask me any questions prior to signing, and your signature indicates that you agree with all of the terms of this Agreement.
