This Agreement is made between Kelley Hoag (the Therapist) and the person agreeing to these terms and conditions (the Client).

SCHEDULING 

As your Therapist, I understand that my clients have busy schedules, and I take pride in not keeping them waiting or keeping them longer than planned. Please be on time. If the Client needs to cancel or reschedule the appointment, the Client must do so 24 hours in advance; otherwise, the Client will forfeit that appointment. The Client is responsible for meeting the Therapist on the Zoom link provided. Please make sure appointments are distraction-free and taken from a private place (sessions cannot be held in public or while driving). The appointment will be forfeited if the Client is not on the Zoom line 10 minutes after the appointment is scheduled to begin. Any missed appointments will be considered a paid appointment. 

If the Therapist is unable to perform duties under this Agreement due to illness, emergency or cause beyond the control of the Therapist, the Therapist and the Client shall make every attempt to reschedule the session(s).

REFUNDS AND CANCELLATION:

Should the Client elect to withdraw from this Agreement, the Client must notify the Therapist immediately. Withdrawal from the agreement may be communicated via email and shall be terminated immediately. Upon withdrawal, all payments will remain non-refundable for the upcoming month’s services, in addition to a cancellation fee equal to the contracted rate of one month’s services, which shall be due as liquidated damages, not penalty, due to the reservation of time on the Therapist’s calendar and foregoing of other opportunities. The Client authorizes the Therapist to charge the credit card on file for the cancellation fee, and will be personally liable for any outstanding balances and payments owed, in addition to any collection fees.

Notice may be sent to the following contact information:
Kelley Hoag

Kelley@roottorisehealth.com

HARASSMENT AND SAFETY:
The Therapist has a zero tolerance policy in regard to abusive, demeaning, condescending and/or manipulative behavior of any kind to include, but not limited to: verbal, mental, physical or emotional distress. The Therapist has the right to immediately terminate all services if the Client is acting inappropriately towards the Therapist or any of its agents, or exhibiting threatening, hostile, or offensive behavior, verbal abuse, or in the event that the safety of any member of the Therapist is in question. If the Services are terminated early, all monies paid shall be retained by the Therapist, and the Therapist will be released and held harmless as a result of incomplete services.

CLIENT RESPONSIBILITY

The Client acknowledges their personal responsibility, integrity and commitment to this partnership both in session, and on their own time between sessions, is important in feeling results. The Client understands that resistance, frustration, doubt, fear are an opportunity for the Client to strengthen their self-relationship and the Client is encouraged to approach this partnership with honesty, patience and respect and compassion. 

The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family (where applicable), and all decisions made during and after this program.
The Client releases the Therapist from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against the Therapist, arising from the Client’s past or future participation in, or otherwise with respect to the Program, unless arising from the gross negligence of the Therapist. 

DISCLAIMERS 

NO GUARANTEES: The Therapist makes no guarantees about the results the Client may obtain from working with the Therapist. Client agrees that any statements made by the Therapist regarding potential outcomes are opinions and are not binding on the Therapist. The Therapist may provide testimonials from previous clients, which are not to be relied upon to predict results in the Client’s specific situation. The results the Client experiences will be dependent on many factors including but not limited to the Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that the Client and/or the Therapist may not be able to anticipate.

The Client understands that the role of the Therapist is not to provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailments of the human body. Rather, the Therapist is a guide who has been trained in Applied Behavior Analysis, Integrative Health, and Somatic Psychology to help clients devise and implement positive, sustainable changes. The Client understands that the Therapist is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychiatrist or other licensed professionals, and that any recommendations given by the Therapist is not meant to take the place of advice by these professionals. If the Client is under the care of a healthcare professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. 

The Client has chosen to work with the Therapist and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals. 

At no time should any of the Therapist’s services be considered a substitute for professional legal or financial advice. If at any time the Client needs legal or financial services, it is the Client’s responsibility to seek it out

CONFIDENTIALITY 

The Therapist will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law. All documents will be titled under a code name to protect the Client’s privacy. The Therapist will not publish any of the Client’s personal information including, but not limited to, reviews and testimonials without the Client's permission and consent. 

INTELLECTUAL PROPERTY

The Therapist reserves all ownership rights to any materials, including but not limited to documents, images, audio, and video, provided to the Client through the Client’s participation in the Program covered in this Agreement. The Therapist provides the Client with a single-user license, authorizing the Client to use the materials for their individual property is permitted. The Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit, for any commercial or personal purposes, any portion of the Service (including course materials & intellectual property), use of the Service, or access to the Service.

ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES 

In the event that there ever arises a dispute between the Therapist and the Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is a refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client. 

This agreement shall be construed according to the laws of the State of California. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force. 

You must be at least 18 years of age to use any services contained herein. By agreeing to work with the Therapist, the Client represents and warrants that You are at least 18 years of age and may legally agree to this Agreement. The Therapist assumes no responsibility or liability for any misrepresentation of Your age.