Terms and Conditions
TERMS OF PURCHASE
This is a Client Agreement (the “Agreement”) dated on day of purchase, (the “Effective Date”) by and between Empire Wellness Center (“Company”) and you (“Purchaser”), each a “Party” and together the “Parties.” The Parties agree to the following terms:
Scope of Agreement: Purchaser will receive education in the Hypnopuncture Method (“Program”) in exchange for monetary consideration.
1. COMPANY’S RESPONSIBILITIES:
a. Company shall provide Purchaser six 90-minute group education sessions. b. Company will provide six pre-recorded educational videos. c. One remote hypnotherapy session with Sharleen Lawrence. Must be had before the completion of the Program. d. Eight weeks of support via the Voxer app. Support will be available during the Six weeks of the Program, followed by two additional weeks directly after the end of the Program. e. Free access to future workshops for 12 months from the end of the course.
2. PURCHASER’S RESPONSIBILITIES:
a. Purchaser agrees not to disclose any material provided by Company to any 3rd parties or anyone not enrolled in the course. Purchaser acknowledges that course material is solely for Purchaser’s personal use. Any disclosure of class materials will be considered a violation of Company’s copyright and is strictly prohibited. b. Purchaser is fully responsible for their progress and results from the course and course materials. Customer acknowledges that Company makes no representations, warranties, or guarantees regarding Purchaser performance. c. Purchaser will pay all fees via credit/debit card on a monthly.
3. FEES
You have acknowledged by purchasing the training that the non-refundable cancellation fee may only be applied to a future training with HypnoPuncture Method & Empire Acupuncture, Inc. for two (2) years from the date of the enrollment agreement. You can choose to extend this by paying the current rollover fee (Current rollover fee is $250.00 per training).
If you decide not to attend the training you have initially enrolled into, as long as we are informed two (2) months or more before the commencement of the training, then a refund of everything except the deposit (for that training) and a $500 minimum cancellation fee per training, will be given. The refund given will be refunded using the same method as the payment towards the training was made.
Cooling off – 3 days if you are a US or Canada resident/citizen, 7 days for the rest or the World: in your enrollment agreement, you have three (3) days to change your mind (if you are a US & Canada resident) or seven (7) days to change your mind (for the rest of the world) and have your deposit refunded. After that time, these cancellation policies apply. Please note, if you were given digitally or sent any books, manuals, videos, scripts etc. as part of your deposit, the refund can only occur after returning these to our office. The product needs to be in perfect condition, otherwise we need to adjust the refund.
If you have placed an amount toward a training you have enrolled into, and that amount is less than or is the same amount as the deposit, then no refund will be given, regardless of when your cancellation is lodged.
You may have entered into a payment plan and received a discount. You must keep the payments current. Failure to do so will result in you being required to pay the full price for the training and/or pay a penalty.
If you cancel your enrolment within or less than two (2) months of the start of the training that you have initially enrolled into, then no refund will be given, and your complete payment will be brought forward to the next training of your choice (within maximum 2 years or less from the date of the first payment (known as deposit)). You may also decide to purchase product up to the value of the amount paid, less the amount of the deposit and a $500 cancellation fee.
If you decide, during the live training, that the training is not for you, as long as you let us personally know before the end of the training, we will refund the entire tuition fee, less the deposit. The refund of the tuition fee will only be made after you return the manual and any other training material given by us at the beginning of the training. Any claims made after the completion of the event are not valid.
If you don’t show up at the training or abandon the training at any point during the training, no refund is due. The cancellation fee is in this case 100% of the amount paid. If you fail to attend a specific training without notifying us then there will be no refund due to you, although at the discretion of HypnoPuncture Method & Empire Acupuncture, Inc. management you may be able to select another training if it is within the 2 year period as specified above.
If, during the seminar you are found unfit to participate in this training (or disruptive) by a representative and/or staff member of HypnoPuncture Method/Empire Acupuncture, Inc., you will be required to leave the training immediately. No questions or discussions will be entered into, and HypnoPuncture Method/Empire Acupuncture, Inc. representatives and/or staff will be the sole judge. In this case, no refunds will be given. All training material including manuals are to be handed back to us on the spot.
In the case of a national emergency, an Act of God, terrorism or a natural disaster, trainings dates or locations may be changed. In this case, no refund will be due. The credit may be transferred to another training or used to purchase product.
4. METHOD OF PAYMENT
Purchaser will pay Company via credit/debit card. Purchaser authorizes Company to charge Purchaser’s card monthly until Company receives full compensation for the services agreed upon.
The first payment is due upon purchase of this Agreement. Further payments (if necessary) will become due in consecutive monthly installments from the time of purchase of this Agreement by Purchaser until balance is complete.
5. NON-PAYMENT
If Purchaser fails to make monthly payment, Company will suspend access until payment is received. Purchaser will continue to be financially liable for the entirety of the Program.
6. COMPANY COMMUNICATION
Company is available for communication between scheduled classes through email and the Voxer app. Any questions regarding the Program should be directed to hello@hypnopuncturemethod.com. Company makes no guarantees as to response time. However, Company will make its best attempt to respond within 24 hours. The response time does not include weekends and holidays. Response on such days will be delayed until the next business day. Holidays include, but are not limited to, any national holidays and religious observations.
7. CONFIDENTIALITY
The Parties are to respect each other’s privacy. Any information shared by any representative of the Company or any other Purchaser is considered confidential, proprietary, and belonging exclusively to the disclosing Party. Parties agree not to disclose, reveal, or make use of any confidential information. Purchaser agrees not to use confidential information in any matter not approved by Company. Purchaser may not disclose any confidential information without prior written approval by Company.
Confidential information includes, but is not limited to, information disclosed in connection with the Agreement, discussions made by third parties during group education sessions, and any material used by Company in their teaching.
Purchaser is to use best efforts to safeguard confidential information and protect such information against disclosure, misuse, espionage, loss, and theft. Purchaser acknowledges that any breach or threat of breach in this section will entitle Company to injunctive relief and investigation for potential legal action.
8. INTELLECTUAL PROPERTY
Company has copyright protection to all materials provided to Purchaser. Any material distributed by Company is proprietary, copyrighted, and not for use without permission by Company. Any third-party disclosure by Purchaser is strictly prohibited without prior written consent by Company.
Company does not transfer any intellectual property rights to Purchaser in the distribution of course materials. Purchaser is endowed with a single-use license revocable by Company at any time. Purchaser is not authorized to use any of Company’s intellectual property without first obtaining written permission.
All intellectual property, including, but not limited to, the Program, course materials, videos, and lessons, remain Company’s sole property. Company does not grant Purchaser a license to sell or distribute any of Company’s property. Purchaser acknowledges that any violation or likelihood of violation will entitle Company to injunctive relief and any remedies granted by law.
9. NO REPRESENTATIONS MADE
Purchaser accepts that they are fully responsible for their progress and results from the Program. Company makes no representations, warranties, or guarantees regarding Purchaser’s performance. Purchaser understands that results will vary. There is no guarantee as to specific results desired by Purchaser after and through participation in the Program.
10. FORCE MAJEURE CLAUSE
In the event, any act or event prevents or delays the affected Party from performing its obligations in accordance with this Agreement, if such act or event is beyond the reasonable control, and not the result of the fault or negligence, of the affected Party and such Party has been unable to overcome such act or event with the exercise of due diligence (including the expenditure of reasonable sums) the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Force Majeure includes but is not limited to: (i) acts of God and other natural phenomena, such as storms, extraordinary seasonal conditions, tornados, hurricanes, floods, lightning, landslides, and earthquakes; (ii) explosions or fires arising from lightning or other causes unrelated to the acts or omission of the Party seeking to be excused from performance; (iii) acts of war or public disorders, civil disturbances, riots, insurrection, sabotage or vandalism, epidemic, pandemic, terrorist acts, or rebellion; (iv) any industry or trade-wide national labor dispute or strike or any other strike or labor dispute not directed solely at a contractor or vendor; (v) any Utility power outage at the Premises; (vi) a reasonably unanticipated action, delay or
failure to act by a Governmental Authority, including a moratorium on any activities related to this Agreement.
11. SEVERABILITY
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
12. LIMITATION OF LIABILITY
Purchaser agrees to use Company’s service at their own risk. Purchaser acknowledges that the Program is an educational service being provided. Purchaser releases Company, its employees, agents, and assigns from any claims arising from any agreement, past or present. Purchaser agrees to take on any risk, irrespective of its foreseeability. Company will not be held liable for any damages resulting from direct, indirect, incidental, special, negligent, consequential, or exemplary damages occurring from the use, or misuse, of Company’s services or enrollment in the Program. Purchaser voluntarily, and expressly waives any claim for damages including but not limited to; injury or death Purchaser may sustain as a result of participating in the Program.
Purchaser affirms that no promise, inducement, or agreement not herein expressed has been made to Purchaser to enter into this release. This release binds Purchaser, their heirs, executors, personal representatives, successors, assigns, and agents.
13. NON-DISPARAGEMENT
Parties agree that neither will engage in any conduct or communications with third parties designed to disparage and cause physical, psychological, emotional, or financial harm. Parties agree not to engage in any communications or acts that may be construed as derogatory, critical, or diminishing towards each other or any of Company’s programs, members, employees, directors, agents, or representatives.
14. ASSIGNMENT
This Agreement is not assignable without express written consent by Company. This Agreement is binding upon the Party’s respective heirs, executors, administrators, successors, and permitted assigns. Waiver of any breach or the failure to enforce any provision shall not constitute a waiver of that or any other provision unless made in writing signed by the Party who is to be affected.
15. TERMINATION
Company shall have the sole power to terminate, limit, or suspend this Agreement as well as Purchaser’s access to the Program without refund if Purchaser becomes disruptive to the company, difficult to work with, or violates any term of this Agreement as determined by Company. Purchaser will be liable for payment for the remainder of the contract amount.
16. INDEMNIFICATION
Purchaser shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against all liabilities and expenses. Such liabilities include claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements. Purchases shall defend Company in any legal actions arising from or related to this Agreement. Purchaser acknowledges that all of Company’s owners, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of Company.
17. DISPUTE RESOLUTION
Any disputes between the Parties arising from this Agreement will require good-faith negotiations to come to a resolution. If a resolution cannot be found, this Agreement will be submitted to the American Arbitration Association. Arbitration shall occur within 90 days from the date of the initial arbitration demand. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators shall be binding and conclusive. In disputes involving unpaid balances on behalf of Purchaser, Purchaser is responsible for all arbitration and attorney fees.
18. ENTIRE AGREEMENT
This Agreement constitutes and contains the entire Agreement between the parties with respect to its subject matter and supersedes any previous discussions, negotiations, proposals, agreements, or understandings between the Parties as it relates to this subject matter. This Agreement may not be modified, amended, or discharged without a written agreement signed by both Parties. No terms may be waived unless made in writing and signed by both Parties.
19. CONTROLLING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
I hereby agree to the terms set out in the above Agreement.