PROFESSIONAL SERVICE AGREEMENT AND TERMS OF USE
Effective Date: [Insert Date]
1. SCOPE OF HYPNOTHERAPY AND COACHING SERVICES
1.1 Service Definition. The hypnotherapy and coaching services provided by Maria Freeman are classified as alternative and complementary services. These services consist of self-help techniques, guided imagery, and educational modalities designed for personal development, stress reduction, and habit modification.
1.2 Non-Medical Nature. Hypnotherapy and coaching are not medical, psychiatric, or psychological treatments. The Company does not engage in the diagnosis or treatment of physical or mental disorders as defined by any medical board or the DSM-5.
1.3 Scope of Practice. The Services are intended to assist the Participant in achieving self-defined goals and are not a replacement for the care of a physician, psychiatrist, or other clinical professional. Participant is advised to seek professional medical or psychological help for any clinical conditions.
2. INFORMED CONSENT AND VOLUNTARY PARTICIPATION
2.1 Methodology. Participant acknowledges that hypnotherapy involves the use of guided relaxation, focused attention, and altered states of consciousness.
2.2 Responsibility for Outcomes. Participant acknowledges that hypnotic suggestibility varies by individual. The Company makes no warranties regarding the efficacy of the hypnotic state or the achievement of specific results.
2.3 Assumption of Risk. Participant voluntarily assumes all risks, including potential emotional or psychological responses associated with subconscious exploration and mindset work.
3. INTELLECTUAL PROPERTY AND PROPRIETARY MATERIALS
3.1 Ownership. All hypnotic scripts, audio recordings, video modules, and proprietary methodologies ("Company IP") are the exclusive property of the Company.
3.2 Restricted Use. Participant is granted a limited, non-exclusive, non-transferable license for personal, private use.
3.3 Prohibited Acts. Participant is strictly prohibited from:
• (a) Recording 1:1 sessions without express written consent.
• (b) Distributing or publicly performing any Company IP.
• (c) Inputting Company IP into any machine learning or Artificial Intelligence (AI) model or software.
3.4 Termination. Unauthorized use of Company IP results in immediate termination of access and potential legal action for damages.
4. LIMITATION OF LIABILITY AND RELEASE
4.1 General Release. To the maximum extent permitted by law, Participant hereby releases the Company, its owners, and employees from any and all claims, demands, or causes of action arising out of or related to the Services.
4.2 Exclusion of Damages. The Company shall not be liable for any indirect, incidental, or consequential damages, including but not limited to emotional distress or personal life changes resulting from the Services.
4.3 Liability Cap. The Company’s total aggregate liability shall not exceed the total amount paid by the Participant to the Company for the specific Service in question.
5. INDEMNIFICATION
Participant agrees to indemnify and hold harmless the Company from any third-party claims or legal fees arising from the Participant’s breach of this Agreement or misuse of the Services.
6. AGE REQUIREMENT AND PARENTAL LIABILITY
6.1 Age Restriction. Services are restricted to individuals aged eighteen (18) and older.
6.2 Minor Access. In the event that a minor (under the age of 18) accesses the Services, such access is the 100% and exclusive responsibility of the minor’s parent or legal guardian.
6.3 Guardian Indemnity. The parent or legal guardian of any minor participant agrees to be bound by these Terms and shall indemnify the Company for any claims or damages resulting from the minor’s participation.
7. PAYMENT AND CANCELLATION POLICY
7.1 Refund Policy. All sales of digital programs and hypnotherapy packages are final. No refunds shall be issued.
7.2 Session Policy. 1:1 sessions require [Insert Number] hours' notice for cancellation or rescheduling. Failure to provide such notice results in forfeiture of the session fee.
7.3 Chargeback Waiver. Participant waives the right to dispute charges with their financial institution for Services rendered. Participant is liable for all costs associated with resolving unauthorized chargebacks.
8. DISPUTE RESOLUTION AND GOVERNING LAW
8.1 Governing Law. This Agreement is governed by the laws of [Insert State/Province and Country].
8.2 Arbitration. Any dispute arising from this Agreement shall be resolved through binding arbitration in [Insert City/State]. Participant waives the right to a jury trial or participation in class-action litigation.
9. SEVERABILITY
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
BY PURCHASING OR ACCESSING THE SERVICES, THE PARTICIPANT ACKNOWLEDGES FULL UNDERSTANDING AND ACCEPTANCE OF THESE TERMS.
Why this version is stronger for a Hypnotherapist:
• "Alternative and Complementary" Language: This is a legally recognized category for hypnotherapy in many jurisdictions. It defines what you do (habit change, relaxation) rather than what you don't do (therapy).
• Informed Consent (Section 2): Explicitly states that suggestibility varies. This protects you if a client claims "it didn't work" or "I didn't feel hypnotized."
• General Release (Section 4.1): Includes a broad release of claims, which is a standard "high-level" protection.
• Prohibition of Recording (Section 3.3): Protects your 1:1 techniques from being recorded and shared on social media without your knowledge.
• No "Unlicensed" Mentions: The text avoids saying you aren't licensed and instead frames the service as a specific "Scope of Practice" for personal development.