By purchasing this program, we agree to enter willingly into the COACHING/CONSULTING CONTRACT and agree to the TERMS AND CONDITIONS as outlined below.
Please read carefully. By purchasing this product you (herein referred to as “Client” and/or “Participant”) agree to the following terms stated herein.
Visionistas By Design, LLC ( herein referred to as “Company”) agrees to provide a Program/Service, (herein referred to as “Program”) identified in an online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement and terms, agreed upon at purchase, as a condition of their participation in the Program.
Visionistas By Design Team CONSULTANT(S):
- Lyz DeBoer, PhD - Owner; Licensed Psychologist; Love+Relationship Specialist
- Victoria Alercia, MS - Licensed Professional Counselor
- Visionistas Team
- Dr. Lyz, Vicky Alercia, and Hannah Bennett
Please note: Hannah Bennett is NOT a program consultant. She is the Visionistas Team Administrative Coordinator at Visionistas By Design Wellness Boutique.
At Visionistas By Design Wellness Boutique we provide health and wellness services to individuals, families, and community in a culturally empowering, holistic fashion with a strengths-based, relational approach. We strongly believe in the power and connection of the mind, body, heart, soul, and spirit. We provide programs and services that enhance your self-knowledge and empower you to invest in yourself, by aligning your behavior with your goals, in order to achieve a life that is balanced, purposeful, and joyful. At Visionistas By Design Wellness Boutique, we use a collaborative approach with our signature formula - Dream, Design, Deliver – to help you explore your current concerns, design a plan, and achieve your goals with intentional vision.
Members of the Visionistas Team (herein referred to, individually or collectively, as “Consultant”) and Company, are not providing services within the Program as an employee, agent, lawyer, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
Please refer to the fee schedule as outlined in your purchase. Fees are non-refundable.
METHODS OF PAYMENT
Payment for the Program is due at the time of registration by credit card. I do hereby authorize the Company to charge payments for services to the credit card on file, or provided in person, with the payment terms specified. I will provide the Company with two weeks’ notice should I wish to change this agreement, and will make other payment arrangements accordingly. I understand that a fee of $50 will be charged for any cases of insufficient funds (NSF) or returned charges (charge-back), and that ongoing noncompliance with these terms may place my account at risk of formal legal collections.
If Client elects to pay by installments, Client authorizes the Company will request Client’s payment of amount on original invoice by the 1st day of each month in the Program (e.g., if Program begins on the 5th day of calendar month, installment is due on that date of consecutive months). If Client elects to pay in FULL, Client may pay the entire invoice on the provided due date.
Once payment is made for the Program, fees are 100% non-refundable.
Regular and timely attendance to your scheduled appointments is an integral part of your Program. If, for any reason, you are unable to attend your scheduled session, we respectfully request advanced notice and require a minimum of 24 hours’ notice by email, phone call and/or voicemail. For services provided within a Program Package, session must be rescheduled within your scheduled Program window (i.e., before Program End Date).
For individual services, a missed session with less than 24-hours’ notification will result in a Late Cancellation/NO-SHOW fee of $50.00. Fee must be paid prior to scheduling the next session. This cancellation policy is provided in line with respectful attention to the time and energy of the Consultant. Missed appointments due to unforeseen emergencies will be evaluated on an individual basis. In case of inclement weather, any in-person service will be provided virtually. To cancel or reschedule your session, call the Company at 610-365-5042, email [email protected], or contact your Consultant directly as outlined by your Consultant.
CONTACT AND COMMUNICATION
The Company may be reached by calling 610-365-5042 or emailing [email protected]. You may leave a confidential message on the voicemail. We will make every effort to return your call within 24 hours, with the exception of weekends and holidays. Please indicate, in your message, of a few times that you would be available for a return call. Your Consultant may discuss with you other communication arrangements on a case by case basis.
CONFIDENTIALITY, PRIVACY, AND SAFETY
The Company respects Client’s privacy and insists that Client respects the privacy of the Company and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program Participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses.
Although conversations and information disclosed within the context of the Program will remain private and confidential, the information is not considered privileged (i.e., privileged information between a doctor and patient) and thus may be subject to release in the event of a subpoena or court order. In such cases, we will make every effort to release only information that is required by the law. Various members of the Company are mandated reporters. If information provided by you indicates that you are a risk of harm to yourself or someone else, or in cases of suspected abuse or neglect of a child, older adult, or person with a disability, we would be required, by law, to release that information.
By purchasing this product you are entering willingly into the terms of this contract. Thereby, you are giving informed consent for the Visionistas Team to consult about your Program as needed. At times we find it helpful to consult with other professionals (e.g., nutritionist, etc.). During consultation with professionals who are not members of the Visionistas Team, we share only the necessary information, making every effort to avoid revealing the identity of the Client. The consultant is also responsible for keeping the information confidential. Unless you object, we will not inform you of professional consultations unless we feel that it is important to do so.
Visionistas By Design Wellness Boutique uses surveillance video cameras in its common areas. Surveillance equipment will never be used in private spaces, such as bathrooms or offices. The cameras run continuously, 24 hours per day, seven days a week. The device that records and stores the video footage is password protected. Once the storage memory is full, it will record over the oldest recorded material, thereby destroying the old material. There may arise situations wherein the recorded material is necessarily used in the reporting and investigation of theft, assault, and other reportable incidents. During these investigations, your privacy as a client or patient may be compromised. If the recorded material is ever used in the reporting and investigation of reportable incidents, documentation will be made of the persons who view the recorded segments and their credentials. Also, all patients visible in the reviewed segments of recorded material will be notified that they were present in the viewed segments and given the names of all persons who viewed the segments. Dr. Lyz will continuously monitor the surveillance policies and procedures to reduce the risk of breaches of privacy.
For the respect of privacy and confidentiality of all clients, we request that you wait for your scheduled appointment time in the designated waiting areas. Weapons are prohibited on the premises.
You are invited to “Like” and/or “Follow” professional pages for the Consultant on social media. Please be advised that your social media activity will be viewable by others in the public domain. You are encouraged to discuss any questions or concerns about social media activity during your appointment time. To maintain the boundary of the professional relationship, your Provider may elect to decline a friend request or follow on the Consultant’s personal account.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Program is developed for strictly educational and consulting purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the Program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
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.
LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
Your registration/participation in the Program signifies your consent for participation and agreement to not hold any participating parties liable. In-person and virtual Programs are educational in nature. Programs are not individual psychotherapy, group psychotherapy, or medical advice. Programs are not a replacement for necessary medical or mental health treatment. All material presented during the Program should be considered informational in nature. It is advised that you consult with your primary care physician, or any specialists with whom you have a medical relationship for health-related care or services, regarding any personal questions of a medical nature that might arise during the course of the events.
Client may not assign this Agreement without express written consent of Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in a equity arising from my participation in the Programs.
DUTY TO READ
I accept that under this agreement, I have a duty to read this terms of participation policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.
Terms + Conditions