Last updated: August 7th, 2023
Please read this information carefully. The purpose of this Agreement is to share details about working together so that all Parties 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. By choosing to access or purchase our Services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the Client or Customer, to read the terms and conditions before proceeding to book or purchase a Session, Package, Subscription, or any other form of Service provided by the Company. This Agreement is effective as of May 18th, 2021.
The following Terms of Service Agreement (the “Agreement”) is a legally binding agreement that shall govern the relationship between Sophianic Gem LLC, a Georgia limited liability company (“Company,” “Practitioner,” “our,” or “us”) and all current and prospective Clients and Customers (“Client” or “you,” and collectively, the “Parties”).
Whereas, the Company provides Energy Healing Services (“Services”), available to book online through our website, sophianicmuse.com.
And whereas, the Client accepts the terms and conditions set forth to purchase and access said Services.
The Parties legally agree to the following:
1. Expectations.
What is Energy Healing? Energy Healing is a natural way to promote well-being by restoring balance to the mind, body and spirit. It works by stimulating or observing the flow of vital energy around your body (the “lightbody” or “energy field”). The Practitioner uses specific techniques (“multidimensional healing” or “fieldwork”) to access information about your lightbody and engage with aspects of it to restore or maintain its energetic health. Field work supports the natural ability of your lightbody to heal itself and remain clear of any external influences or attachments. Energy is not being directly transferred from the Practitioner in this process; 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. Energy Healing can be performed over long distances without touch, and it can be offered to multiple Clients simultaneously without crossing individual boundaries or merging personal energy fields. Multidimensional healing can personalize itself to each person’s lightbody as it is received.
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. Energy Healing is not massage therapy or bodywork and does not require physical contact to be performed.
2. Services.
Services Description: Services offered by the Company include:
- 1:1 Sessions and Packages
- Group Sessions and Subscriptions
Services may be conducted in person or remotely. Remote or long-distance services may or may not include a scheduled virtual meeting. The Client may pay for Services on a per-Session basis by booking a service through our website and paying the full price upfront. Clients may purchase Services through a Package or a Subscription when available, to be redeemed at specific times requested by the Client and approved by the Company, or at specific times scheduled in advance by the Company.
Nature of 1:1 Services: You will receive Energy Healing from the Practitioner at the time of your appointment. Your session may or may not include an in-person or virtual meeting. At the start of your Session, the Practitioner will review any provided information included in your booking form and use this information to guide the organic flow of your work together. The Practitioner will access your energy field with your consent, inform you once the work is complete, and seal your energy field off to restore your original boundaries. After an Energy Healing Session, make sure to properly nourish and hydrate yourself right after and throughout the rest of the day, and wait to drive a car or operate machinery until it feels safe to do so. Allow yourself additional space and time in the following 2-3 days to rest and process any emotions that may come up to clear.
Nature of Group Services: You and multiple Clients will receive simultaneous Energy Healing from the Practitioner at the time of your appointment. Your Session may or may not include an in-person or virtual meeting. The Practitioner will access your energy field with your consent, complete the work in an agreed time period, and seal your energy field off to restore your original boundaries. After an Energy Healing Session, make sure to properly nourish and hydrate yourself right after and throughout the rest of the day, and wait to drive a car or operate machinery until it feels safe to do so. Allow yourself additional space and time in the following 2-3 days to rest and process any emotions that may come up to clear.
3. Scheduling and Communication.
Contact: Should you need to reach us, please use the private feedback form or direct messaging function in your client portal (portal.sophianicmuse.com) or send an email to hello@sophianicmuse.com between 10:00 am – 6:00 pm ET. This is the best way to communicate for current Clients. We will do our best to respond to you within 48 hours on workdays and within 72 hours while on hiatus or holiday.
Scheduling & Rescheduling: Our time together is important. You’ll book your appointments through our online booking page and client portal, accessible through our website or by directly visiting portal.sophianicmuse.com. For 1:1 Services, we may require Clients to complete an application or intake form prior to booking to confirm that our Services would benefit the Client. Applications and requests to book any Service may be declined at the discretion of the Company. Please come prepared to start and end your sessions on time. If you need to reschedule a session, you need to do so at least 24 hours in advance of your scheduled time through your client portal; otherwise, this will be considered a missed session. The Company acknowledges that extenuating circumstances may prevent timely appointment rescheduling and cancellation. In such situations, at the discretion of the Company, a missed appointment may or may not be re-booked. The Client must send a request via client portal feedback, message, or email to hello@sophianicmuse.com clearly stating their extenuating circumstances with three chosen dates and times for a future appointment slot within 24 hours of a missed appointment to have their Service considered for re-booking.
4. 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.When paying in full for a single Session or Package, your investment is due immediately upon booking the Services. When paying for a Subscription, your investment for the first month is due immediately upon booking the Services, and billed automatically with the payment method provided every month thereafter on the same date. Your payment method will be processed safely and securely through a third-party processor. You may update or cancel your Subscription at any time through the Office section of our client portal. Subscription Services will end automatically on the date of cancellation.
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 our 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 the Company does not offer refunds for any portion of your payment for any of the Services at any time. By accessing or purchasing our Services, 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.
5. Confidentiality.
Confidentiality is important to us. The Practitioner will do their best to keep all information exchanged during the Services private and confidential. The Practitioner will not disclose any information that you share during the Services to anyone else unless: (1) someone has a legitimate reason to know such information as a member of the Company team or staff, (2) you have given written permission, (3) if the Company is 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 the Company’s rights or property, and/or to protect personal safety.
6. Intellectual Property Rights.
Ownership of Services Content and Materials: The Company retains 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 us. For any content or materials whose ownership does not belong to us, we 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 prior written permission. No license to sell or distribute the Company’s Services content and materials is granted or implied. No permission to disclose the Company’s process as expressed through the Services content and materials is granted or implied.
Intellectual Property Rights in Work Product: Should you share information with the Practitioner 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. The Company agrees not to claim any such ownership in your work product or intellectual property at any time.
7. Personal Responsibility, Disclaimer & Release of Claims.
Consent, Personal Responsibility & Assumption of Risk: You voluntarily consent to the use of the Services provided by the Company. 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: The Company has used care in preparing the information provided to you, but these Services and all associated 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 as 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 the Company is 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 the Company 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 the Company in the future that may arise from your participation in the Services to the fullest extent permitted by applicable law. You agree to hold the Company 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 directly sending us and/or sharing through your own social media platform any comments, photographs, video, and/or audio as a review/testimonial for any aspect of our Services, you consent to our use or re-use of this content containing your image, voice, text, and/or likeness, including through our website and social media. You understand that this content may or will be shared with potential Clients or other Clients who have purchased our Services.
8. Other Important Terms.
Termination: If a Client wishes to terminate the Agreement at any time, they must send a notification at least 7 days in advance of their next Service appointment by e-mail. Choosing to terminate the terms of this Agreement is also a choice to end the Client-Company relationship and forecloses all claims and access to any future Services provided by the Company. 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. We reserve the right to alter or terminate Services and the Client-Company relationship at any time, for reasons such as, but not limited to, dangerous/criminal behavior, inappropriate/offensive behavior, and/or irresponsible/disrespectful behavior from or on behalf of the Client. The Company will notify the Client through the email address provided for communication of the reason for alteration or termination and note that this is effective immediately the day we contact the Client about alteration or termination.
Notice: All correspondence or notice required regarding the Services shall be made to the Company via client portal feedback/message or email to hello@sophianicmuse.com, and to the Client 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 the Company within 3 days of any change.
Force Majeure: Should any cause beyond the Company’s 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 the Practitioner to perform their responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, the Company will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill our responsibilities and obligations.
Entire Agreement, Assignment, Survivability, Enforceability and Waiver: This Terms of Service contains our entire agreement. This Agreement supercedes or replaces any prior oral or written agreement provided by us pertaining to the subject matter of this Agreement. At its discretion, the Company may offer additional Services and/or products, or update, modify or revise any current content or Services, and this Agreement shall apply to any and all additional Services and/or products and any and all modified, updated, or revised Services unless otherwise stipulated. The Company may modify this Agreement at any time, upon which notice will be given through the email provided for communication. 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 the Company chooses to waive or not enforce one or more terms of this Agreement, it does not in any way limit our right to later enforce every part of this Agreement.
Governing Law: This Agreement shall be construed according to the laws of the State of Georgia where the Company’s principal place of business is located.
Dispute Resolution: Should the Parties ever have a conflict, it is hoped that they could work it out amiably. However, if the Parties 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 the Parties, unless we mutually 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. The Parties 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 Fulton County in the State of Georgia 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 the Company, you agree to contact us directly in a mature and professional way rather than to publicly make negative or critical comments about the Services or the Company through social media or otherwise. We agree to do the same for you. The Parties 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 digitally signing or consenting to the Terms of Service Agreement and proceeding to book the Services provided by the Company, you acknowledge that you have read, understand, agree to and accept all of the terms in this Agreement. Electronic consent to this Agreement is permitted and enforceable. You agree that you have had the opportunity to ask any questions prior to booking, and you agree with all of the terms of this Agreement.