INITIATION TO ENERGY HEALING LEVEL 1 - 4

TERMS OF SERVICE

This Terms of Service Agreement ("Agreement") establishes a binding contract between the undersigned client, identified by their legal name specified at the check out page ("Client"), and Shelly Baca, Rising Earth Academy LLC, including any designated facilitators or employees of Rising Earth Academy LLC (collectively referred to as "Practitioner"). The effective commencement of this Agreement is indicated by the purchase date ("Effective Date").

WHEREAS the Client expresses a genuine interest in engaging with the Practitioner in various capacities, encompassing but not limited to, in-person, online, live, pre-recorded, one-on-one, and/or group sessions.

NOW, THEREFORE, both the Client and Practitioner hereby mutually agree to the terms outlined herein:

1. AGREEMENT: This Agreement is subject to modification at any time at the sole discretion of the Practitioner. The Practitioner will promptly notify the Client of any changes made to the Agreement within five business days at the email address provided by the Client at the bottom of this Agreement. Business days are considered Tuesday through Thursday each week and exclude U.S. national holidays. The Client is responsible for diligently reviewing the Agreement to take note of any updates or changes. In the event of an email address change, the Client must promptly inform the Practitioner of the new email address by notifying support@shellybaca.com.

The Client agrees not to make any public announcements or otherwise disclose the existence or terms of this Agreement.

This Agreement constitutes the entire understanding between the Client and the Practitioner, and it does not create any obligation for the Practitioner to disclose information to the Client or enter into any other agreement. No agency, partnership, joint venture, or similar relationship is implied or created between the Client and the Practitioner by this Agreement.

Unless otherwise terminated by mutual agreement or by written notice from either party, this Agreement shall remain in effect for a period of ten (10) years from the Effective Date. The termination of this Agreement requires written notice from either the Client or the Practitioner, and both parties must sign a mutually prepared agreement within 30 days of receiving the termination notice. The sections titled NON-DISPARAGEMENT, CONTENT USAGE, and INDEMNIFICATION in this Agreement shall survive the termination of this Agreement.

2. SERVICES: Practitioner offers a diverse range of services, available in various formats such as in-person, online, live, pre-recorded, one-on-one, and group settings. These services encompass but are not limited to: Coaching, Therapy, Naturopathy, Hypnosis, Neurolinguistic Programming, Faster Emotional Freedom Technique (FasterEFT), Pranic Healing, Traditional Reiki, Kundalini Reiki, Star Magic Energy Healing, Meditation, Psychic Channeling, Akashic Records Reading, and Clairvoyant Healing (hereinafter referred to as “Services”).

Client acknowledges and accepts that Practitioner may employ a combination of these Services to assist the Client in achieving Client’s desired outcomes. It is understood by the Client that the terms outlined in this Agreement are applicable indefinitely to all Services availed by the Client at any given point.

3. INTENT: Practitioner explicitly states that they are not a physician or a licensed medical professional and do not provide medical diagnoses or recommend discontinuation of medically prescribed treatments. In the event that the Client seeks a diagnosis or any other form of treatment, they are encouraged to consult with a different practitioner of Client’s choice at any time.

The Client acknowledges and agrees that all information provided by the Practitioner is not intended as psychological, medical, or professional advice of any kind. The Client understands that no actions taken by the Practitioner are meant to diagnose, treat, or provide care for any physical or mental illness. The information shared by the Practitioner is for informational purposes only.

Prior to accepting any information or suggestions from the Practitioner, and before taking any actions based on such information or suggestions, the Client agrees to consult with a physician or another trained, licensed professional of Client’s own choosing. Additionally, the Client commits not to act on any information or suggestions from the Practitioner until it has been authorized and approved by a physician or a trained, licensed professional of Client’s own choosing.

All Services provided by the Practitioner are intended for a general audience and are not presented as advice or counseling tailored to any specific group, business, or industry. The information shared in Services is strictly for educational purposes. Therefore, if the Client chooses to apply or not apply the ideas presented in Services, Client acknowledges and accepts full responsibility for Client’s actions.

The Content, including materials, procedures, policies, standards, manuals, teaching aids, and the like, made available by the Practitioner, whether in-person, online, live, pre-recorded, one-on-one, or with a group (collectively referred to as "Content"), is solely for use in conjunction with the Services provided by the Practitioner. Practitioner disclaims any responsibility for errors or omissions that may appear in the Content.

4. NON-DISPARAGEMENT: As an indispensable condition of this Agreement, the term "disparagement" is explicitly defined as any conduct or communication, whether direct or indirect, with a third party, public or private, intended to directly or indirectly harm the reputation or goodwill of Practitioner. Furthermore, Client and Client’s associates, employees, or affiliates undertake not to make, express, transmit, speak, write, verbalize, or otherwise communicate (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing) any remark, comment, message, information, declaration, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, or critical of, or negative toward, Practitioner or any of its programs, affiliates, subsidiaries, employees, agents, or representatives.

A violation of these non-disparagement terms shall result in a MANDATORY $20,000 (U.S. Dollars) FINE, PAYABLE WITHIN TEN (10) DAYS of the violation. Additionally, the client shall promptly issue a public apology and retraction after the violation.

Client acknowledges and agrees that these non-disparagement provisions are essential to safeguard the goodwill and reputation of Practitioner. A breach of this provision would cause irreparable harm to Practitioner's professional standing and business interests. Client further acknowledges that the specified monetary penalty is a reasonable estimate of the damages likely to be incurred by Practitioner due to a breach of this clause.

In the event of a breach, Practitioner reserves the right to seek injunctive relief and any other remedies available at law or in equity. The prevailing party in any dispute arising out of or related to this non-disparagement clause shall be entitled to recover reasonable attorney’s fees, costs, and any potential damages.

Client understands that this non-disparagement clause includes protection against slanderous statements, and any communication contrary to this provision will be subject to the specified penalties and remedies. The non-disparagement provisions apply for the entire duration of this Agreement and continue to be binding even after the termination of the Agreement. This clause encompasses the Client's commitment to pay for all potential costs incurred by Practitioner in enforcing these provisions.

5. CONTENT USAGE: Client acknowledges and agrees that all Content provided by Practitioner is confidential and proprietary intellectual property. Client further recognizes that all rights to the Content belong solely and exclusively to Practitioner, and any use by the Client is expressly limited to that which is authorized by Practitioner.

Client expressly understands and agrees that the reproduction, distribution, and sale of Content by anyone other than Practitioner are STRICTLY PROHIBITED. The use of Content is solely for INDIVIDUAL USE and may not be sold, tape recorded, videotaped, live-streamed, shared, taught, given away, or otherwise divulged without the express written consent of Practitioner.

Client commits to maintaining the confidentiality of Client’s login information and shall not grant access to Practitioner's content to others in any form.

Nothing within this Agreement shall be construed as conferring or granting any rights to the Content from Practitioner to Client. In the event of termination of this Agreement or at Practitioner's request, Client agrees to promptly return or destroy all copies of Content and all notes related to such Content.

Client acknowledges that Practitioner will suffer irreparable injury if the Content is made public, released to a third party, or otherwise disclosed in breach of this Agreement. Therefore, Practitioner is entitled to obtain injunctive relief against a threatened breach or continuation of any such breach. In the event of such a breach, Practitioner reserves the right to seek an award of actual and exemplary damages from any court of competent jurisdiction.

Client understands that any violation of this clause may result in legal action and agrees to indemnify Practitioner for any costs, including attorney's fees, incurred in enforcing these provisions.

6. PROTECTION: In the event of a violation or a perceived likelihood of a violation by the Client of any agreements contained in this Agreement, the Practitioner and/or Participants shall be entitled to seek injunctive relief to prevent such violations and mitigate any harm resulting from them. This provision is designed to safeguard the interests of both the Practitioner and Participants and is enforceable in a court of law.

7. SUSPENSION OF SERVICES: Practitioner is committed to ensuring a positive experience for all Clients. Consequently, Practitioner reserves the right, at Practitioner’s sole discretion, to restrict, suspend, or terminate Client's participation in any Services without offering a refund or forgiving remaining payments if, in the sole discretion of the Practitioner, the Client engages in disruptive or difficult behavior, fails to adhere to the terms of the Agreement, or negatively impacts the participation of Practitioner or other Participants. This provision is intended to protect the overall quality of the Services and is legally binding.

8. DISPUTE RESOLUTION: In the event of a dispute arising from this Agreement that cannot be resolved through mutual consent, Client and Practitioner agree to engage in good faith mediation for up to 90 days following written notice. The parties shall mutually select a qualified and impartial mediator, to facilitate the mediation process. The Client acknowledges and agrees that they shall be solely responsible for covering all costs associated with the mediation service, including the mediator's fees.

Good faith mediation is a commitment by both parties, Client and Practitioner, to actively participate constructively and cooperatively in mediation proceedings. It involves a genuine effort to reach a mutually acceptable resolution through open communication, compromise, and a sincere willingness to find common ground. In the context of this Agreement, good faith mediation mandates that both parties contribute to the resolution process, considering each other's perspectives and making reasonable efforts to achieve an amicable outcome. This approach aims to expedite a fair and efficient resolution while minimizing the necessity for prolonged legal proceedings.

If the parties are unable to agree on the selection of a mediator within five business days of providing notice to mediate, either party may request the appointment of a mediator by the Virginia Judicial System’s Dispute Resolution Services Manager. The costs associated with the mediation process, including the mediator's fees, shall be borne exclusively by the Client.

Should the dispute persist without resolution, and in the event of legal action initiated by the Client, Practitioner retains the right to recover, in advance, all attorney’s fees, court costs, and other expenses associated with the dispute resolution from the Client. This provision is strategically designed to streamline the resolution process, deter prolonged legal actions, and ensure an equitable distribution of related costs.

9. INDEMNIFICATION: Client agrees to indemnify, defend, and hold Practitioner harmless to the fullest extent permitted by law. The indemnification encompasses any and all claims, actions, liabilities, suits, injuries, demands, obligations, losses, settlements, judgments, damages, fines, penalties, costs, and expenses, including attorney’s fees and other related expenses (collectively referred to as a “Claim”).

This indemnification specifically applies to any Claim arising out of or relating to all acts, including but not limited to participation, and all future events resulting from the Services, whether related directly or indirectly. Client acknowledges that the scope of indemnification encompasses any and all possible consequences, foreseeable or unforeseeable, arising from the provision of Services.

Client agrees that this indemnification obligation shall survive the termination or expiration of the contract. Practitioner retains the right to select legal counsel of Client’s choice for the defense and settlement of any Claim, with all associated costs borne by the Client.

By entering into this agreement, Client acknowledges the comprehensive nature of this indemnification provision and agrees that it is a material and essential term of the contract, from which there is no exemption or release.

This indemnification clause is not intended to limit any other remedies available to Practitioner under law or equity. Client acknowledges and agrees that this indemnification provision is reasonable and necessary to protect the interests of Practitioner.

Furthermore, any indemnification claims must be initiated within 30 days of Practitioner becoming aware of the circumstances giving rise to the Claim. Failure to adhere to this time frame may impact the validity of the Claim, and Practitioner reserves the right to contest the timeliness and completeness of the notice as a defense.

10. NOTICE OF CLAIM: Client must promptly provide Practitioner with written notice of any Claim within one business day after gaining knowledge of such Claim. The notice should comprehensively outline the details of the Claim and the basis for seeking indemnification under this Agreement. Failure to adhere to this notice requirement may impact the validity of the Claim, and Practitioner reserves the right to contest the timeliness and completeness of the notice as a defense.

11. GOVERNING LAW: The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Virginia, not including its conflicts of law provisions.

12. SEVERABILITY: In the event that any provision of this Agreement is deemed invalid, illegal, or unenforceable, either in whole or in part, the remaining provisions shall remain unaffected and shall continue to be valid, legal, and enforceable to the fullest extent permitted by law. The invalidity, illegality, or unenforceability of any specific provision shall not render the entire Agreement void, and the parties agree to negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision that reflects the original intent of the Agreement. The validity, legality, and enforceability of the Agreement as a whole shall not be impaired or compromised.

13. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Client and Practitioner, merging and nullifying all prior or future agreements, whether oral or written, between the Client and Practitioner pertaining to the subject matter herein.

14. NO WAVIER: Client expressly acknowledges that the failure to enforce any provision of this Agreement or to exercise any rights herein by Practitioner shall not constitute a waiver of such provision or rights unless expressly agreed to in writing. Any waiver by Client of a breach or violation of any provision shall not be deemed a waiver of any subsequent breach or violation.

15. ARBITRATION AND/OR LEGAL PROCEEDINGS: Client acknowledges and agrees to waive the right to bring a case to court or any other legal body, except in cases of severe negligence or deliberate injury. In the event of such cases, Client commits to paying the entirety of Practitioner's legal fees and costs in accordance with the laws of the state of Virginia. Client acknowledges that this agreement is binding, irrespective of legal standing, state-specific laws, or procedures, and agrees to uphold it accordingly.

16. ELECTRONIC SIGNATURE: The Client explicitly acknowledges and agrees that by checking the box, it is considered an electronic signature and any electronic signatures affixed to this Agreement carry the same legal validity, enforceability, and admissibility as handwritten signatures. By utilizing an electronic signature to sign this Agreement, the Client expressly consents to the electronic execution of this contract and affirms that such execution binds them to the terms and conditions herein.

The Client further comprehends that, by checking the box, these actions collectively constitute a valid and legally binding electronic signature for the purposes of this Agreement.

Additionally, the Client acknowledges and agrees that the electronic signature process is specifically designed to authenticate Client’s assent to the terms of this Agreement and to unmistakably manifest Client’s intent to be legally bound by the terms herein.

This electronic signature provision is crafted to adhere to any and all applicable laws governing electronic signatures. The Client affirms Client’s understanding and unequivocal acceptance of the use of electronic signatures, thereby consenting to the enforceability of this Agreement based on such electronic signatures.

By completing the electronic signature process, the Client signifies Client’s acceptance or rejection of this Agreement electronically.

REFUND POLICY

ALL PAYMENTS ARE CONSIDERED FINAL AND NON-REFUNDABLE. We are unable to process any returns, exchanges, or refunds for any reason. Please do not make your purchase if you are not 100% positive it is the right decision for you.

YOU EXPRESSLY WAIVE THE RIGHT TO CHARGE-BACK YOUR PAYMENT. In the event that you violate these payment terms, you agree to promptly submit the full original payment amount PLUS AN ADDITIONAL 25% FEE within 48 hours of the charge-back occurring.

You understand that failure to adhere to these payment terms and the subsequent charge-back waiver may result in legal action to recover the full amount owed, including any additional fees incurred by our company in enforcing this provision.

You affirm your understanding and acceptance of these payment terms and the charge-back waiver, and acknowledge that these provisions are legally binding. In the event of any dispute arising from a charge-back, you agree to reimburse our company for any costs, including attorney's fees, incurred in resolving the matter.

CANCELLATIONS. You are granted the right to cancel your participation at any time. However, it is expressly understood and agreed that in the event of cancellation by you, ALL CANCELLATIONS SHALL AUTOMATICALLY RESULT IN THE FORFEITURE OF YOUR PAYMENT. Additionally, you acknowledge and agree that failure to comply with the cancellation policy will incur an ADDITIONAL 25% FEE based on the original payment.

The Client further acknowledges and agrees that they shall not dispute or challenge this cancellation policy, and any attempt to do so shall not alter the automatic forfeiture provision. This cancellation policy is a material condition of Return Policy, and any dispute arising from a failure to comply shall be governed by the terms herein.

ELECTRONIC SIGNATURE: The Client explicitly acknowledges and agrees that by checking the box, it is considered an electronic signature and any electronic signatures affixed to this Agreement carry the same legal validity, enforceability, and admissibility as handwritten signatures. By utilizing an electronic signature to sign this Agreement, the Client expressly consents to the electronic execution of this contract and affirms that such execution binds them to the terms and conditions herein.

The Client further comprehends that, by checking the box, these actions collectively constitute a valid and legally binding electronic signature for the purposes of this Agreement.

By completing the electronic signature process, the Client signifies Client’s acceptance or rejection of this Agreement electronically.

PRIVACY POLICY

CLIENT CONFIDENTIALITY: If mandated by law or considered essential to safeguard the well-being of others, we reserve the right to disclose information without requiring written authorization from you.

GROUP PRIVACY: Client agrees not to infringe upon the copyright, patent, trademark, trade secret, or any other intellectual property rights of other group program participants (“Participants”) or the Practitioner. Client acknowledges that any information, ideas, plans, and trade secrets (collectively referred to as "Confidential Information") shared by Participants or Practitioner during the course of Services are confidential and proprietary. The Client expressly agrees not to disclose such Confidential Information to any other person or use it in any manner other than in discussion with other Participants during the Services. Additionally, Client commits to maintaining the strictest confidentiality regarding the experiences and statements, whether oral or written, of all other Participants.

Client further understands and agrees that Client’s participation in group programs is subject to the terms outlined in Practitioner’s Privacy Policy and Terms of Use. Any breach of this confidentiality provision may result in immediate legal action, including, but not limited to, injunctive relief, monetary damages, and legal fees, to protect the interests of both Participants and the Practitioner. Such legal action may seek to prevent further disclosure, compensate for damages incurred, and safeguard the overall integrity of the group program.

ELECTRONIC SIGNATURE: The Client explicitly acknowledges and agrees that by checking the box, it is considered an electronic signature and any electronic signatures affixed to this Agreement carry the same legal validity, enforceability, and admissibility as handwritten signatures. By utilizing an electronic signature to sign this Agreement, the Client expressly consents to the electronic execution of this contract and affirms that such execution binds them to the terms and conditions herein.

The Client further comprehends that, by checking the box, these actions collectively constitute a valid and legally binding electronic signature for the purposes of this Agreement.

By completing the electronic signature process, the Client signifies Client’s acceptance or rejection of this Agreement electronically.

INITIATION TO ENERGY HEALING LEVEL 1 - 4

TERMS OF SERVICE

REFUND POLICY

PRIVACY POLICY

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