This Service Information Agreement ("Agreement") establishes a binding contract between the undersigned client, identified by their legal name specified at the conclusion of this Agreement on this page ("Client"), and Payal Patel, Mindful Interiors by Payal, and any designated volunteers, facilitators, or employees of Payal Patel or Mindful Interiors by Payal (collectively referred to as "Practitioner"). The effective commencement of this Agreement is indicated by the date provided at the bottom of this page ("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, remote virtual, one-on-one 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 Friday 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 mindfulinteriorsbypayal@gmail.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.
This Agreement is accessible online at all times through the following link: www.mindfulinteriorsbypayal.com/service-information-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, Traditional Reiki, Atomic Energy Healing
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. CLIENT CONFIDENTIALITY: If mandated by law or considered essential to safeguard the well-being of others, the Practitioner reserves the right to disclose information without requiring written authorization from the Client.
5. SERVICE RATES: The rates for all Services are entirely at the sole discretion of the Practitioner. The Practitioner will provide the Client with notification of rates before delivering Services. The Practitioner also reserves the right to modify the rates for all Services at any time.
6. TERMS OF PAYMENT: Client acknowledges and agrees that payment for all Services is due within 24 hours of scheduling Services and that ALL PAYMENTS ARE CONSIDERED FINAL AND NON-REFUNDABLE. CLIENT EXPRESSLY WAIVES ANY RIGHTS TO CHARGE-BACK CLIENT’S PURCHASE. In the event that Client violates these payment terms, Client agrees to promptly submit to Practitioner the full original payment amount plus an additional 25% fee within 48 hours of the charge-back occurring. Client acknowledges that this charge-back waiver is a material condition of this Agreement and is intended to protect the interests of Practitioner. Client further understands 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 Practitioner in enforcing this provision. Client affirms Client’s understanding and acceptance of these payment terms and the charge-back waiver, and acknowledges that these provisions are legally binding. In the event of any dispute arising from a charge-back, Client agrees to reimburse Practitioner for any costs, including attorney's fees, incurred in resolving the matter.
7. SCHEDULE POLICY: In the event that the Client needs to modify the day and/or time of a scheduled Service, all changes must be communicated at least 48 hours prior to the scheduled session by contacting the Practitioner directly or emailing mindfulinteriorsbypayal@gmail.com. Recognizing the limited availability of the Practitioner and the impact of last-minute cancellations on others, any schedule changes within the 48-hour window will incur a NON-REFUNDABLE RESCHEDULING FEE OF $100.
The Client acknowledges and agrees that adherence to this schedule change policy is a material condition of this Agreement. In the case of emergencies, the Practitioner is willing to collaborate with the Client, understanding that unforeseen circumstances may arise. The Client further acknowledges that this provision is legally binding, and any dispute arising from a failure to comply shall be governed by the terms of this Agreement.
8. CANCELLATION POLICY: The Client is granted the right to cancel Services at any time. However, it is expressly understood and agreed that in the event of cancellation by the Client, ALL CANCELLATIONS SHALL AUTOMATICALLY RESULT IN THE FORFEITURE OF THE CLIENT'S PAYMENT. Additionally, the Client acknowledges and agrees 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 this Agreement, and any dispute arising from a failure to comply shall be governed by the terms herein.
8. 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 pursue any and all legal remedies, including seeking injunctive relief and damages in addition to the specified fine.
9. CONTENT USAGE: The Client explicitly acknowledges that all information, data, graphics, text, logos, and related materials, including but not limited to, proprietary content, marketing materials, and other intellectual property provided by the Practitioner during Services or included in the Content ("Materials"), are the exclusive property of the Practitioner and protected by copyright, trademark, and other intellectual property laws. The Client agrees not to reproduce, distribute, modify, or exploit any Materials provided by the Practitioner without the express written consent of the Practitioner. Client's use of the Materials is strictly limited to personal, non-commercial use.
10. 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.
11. 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 California 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.
12. INDEMNIFICATION: The Client agrees to indemnify and hold harmless the Practitioner from any claims, losses, damages, liabilities, or expenses arising out of or related to Client's use of the Services, Content, or Materials provided by the Practitioner. This indemnification provision shall survive the termination of this Agreement.
13. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of all states in the United States and internationally, without regard to its conflict of law principles. The parties agree to submit to the exclusive jurisdiction of the state and federal courts for the resolution of any disputes arising under this Agreement.
14. SEVERABILITY: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.
15. ELECTRONIC SIGNATURE: The Client explicitly acknowledges and agrees that by typing Client’s name at the bottom of this page 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 entering Client’s legal first and last name, date of birth, email address, today’s date, and checking the box indicating "I agree" at the bottom of this form, 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.
Recognizing the significance of accurately providing the required information and affixing Client’s electronic signature, the Client undertakes to ensure the confidentiality and security of the information used for electronic signature purposes.
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.