Session Terms of Service
SESSION LEGAL TERMS
These Session Terms and Conditions (the "Legal Terms" or “Agreement”) govern the purchase and booking of a session from Kmac LLC (“Provider”) by the individual signing up to attend and/or participate in that session (referred to as “you” “your” or “Client”). Both you and Provider agree to be bound by these Legal Terms following your scheduling of and payment for Provider’s Services (as defined below).
1. Services. For any session booked with Provider (each, a “Session”), Provider will provide services involving the following:
• astrology
• strategy
specifically, the session/sessions described in the package chosen by you prior to checkout (the "Services"), at the rate stated on that page (the “Compensation”), according to these Legal Terms. Client understands and acknowledges that Provider is not a doctor, licensed physician, licensed therapist, or other medical professional, and the Services are not a substitute for a physician's care. Client must check with a licensed healthcare professional of Client’s choice before taking any actions that may impact Client’s mental or physical health. The Services are in no way a substitute for a physician’s care. Any services not specifically included may be subject to additional terms and conditions and/or additional Compensation. Any modifications to the Services must be in writing and signed by both Provider and Client. NOTE THAT BY BOOKING WITH PROVIDER, CLIENT AUTOMATICALLY CONSENTS TO THE SERVICES AND THAT CONSENT MUST BE EXPLICITLY REVOKED DURING A SESSION IF YOU DO NOT WISH TO CONTINUE.
2. Compensation. In exchange for any Session, Client will pay Provider the total reflected at checkout. Client acknowledges that all payments of Compensation are non-refundable once paid, will not be subject to chargebacks, and are subject to the terms and conditions (including the cancellation and rescheduling policy) below. If Client is not satisfied with the Services after completion, Client must contact Provider directly, and Provider will evaluate next steps (in Provider’s sole discretion).
3. Client Obligations and Responsibilities; RELEASE.
a. Communication. Client must communicate openly with Provider regarding Client’s goals, comfort levels, and desired outcomes from the Services during any Session. If Client feels any mental or physical pain, discomfort, anguish, or other unwanted feelings or sensations at any time while working with Provider, it is Client's responsibility to notify Provider or otherwise voice any concerns IMMEDIATELY and to cease the activity causing the discomfort.
b. CLIENT RELEASE. It is Client's complete and full responsibility to know Client's mental and physical limits and boundaries. Client must communicate fully and honestly with Provider and clearly state if Client is uncomfortable in any way – physically or otherwise – and/or does not wish to continue with any part of the Services before, during, or after any Session. Client’s participation in the Services is entirely voluntary and Client assumes any risk associated with participation in the Services. Client releases Provider and holds Proider harmless from responsibility or liability of any kind for any mental or physical effects, discomfort, injury, or unwanted results due to Client's failure to communicate with Provider as required by this Agreement.
c. Permission. By booking a Session, Client specifically permits Provider to use Client’s birthdate, birth time, and place of birth specifically according to the terms of this Agreement.
4. Cancellation and Rescheduling. Client may schedule sessions . If Client does not appear for the Session or appears more than fifteen (15) minutes after the Session is scheduled to begin, this will be considered an Improper Cancellation (as defined below) and processed accordingly. Client may cancel or reschedule a Session by giving Forty-eight (48) hours’ written notice to Provider (the “Required Window”). Any cancellation or rescheduling request taking place after the Required Window has expired will be considered an Improper Cancellation. In the event of an Improper Cancellation, Client will not be entitled to any refund of Compensation paid as of the missed or late Session date. Provider has the option to terminate -- effective immediately -- if Client breaches this Agreement or circumstances make it extremely difficult to continue the Session with Client. If Provider terminates the Agreement for cause – including, but not limited to, Client’s breach of this Agreement, Client’s lack of participation in the Services, or Client’s disrespectful or other negative treatment of Provider – termination will be effective immediately once Provider provides notice to Client, and Client will not be entitled to any refund If Provider cancels or terminates a Session due to Provider’s physical and/or emotional inability to provide the Services, Provider will refund the Compensation appropriately, as determined in Provider's sole discretion.
5. Applicable to All Sessions. The terms of this Agreement will apply to Client’s purchase of and participation in additional Sessions unless specifically stated otherwise.
6. Limitation of Liability; DISCLAIMER. PROVIDER MAKES NO GUARANTEES OF OUTCOME OR RESULTS FROM THE SERVICES. THE MAXIMUM AMOUNT OF LIABILITY FOR WHICH PROVIDER WILL BE RESPONSIBLE UNDER THIS AGREEMENT IS THE ACTUAL, OUT-OF-POCKET DAMAGE DONE TO CLIENT DUE TO PROVIDER’S INTENTIONALLY DAMAGING ACTIONS OR GROSS NEGLIGENCE. PROVIDER (AND/OR ITS OFFICERS, SUBSIDIARIES, OR ASSIGNS) WILL NOT BE LIABLE TO CLIENT OR ANYONE ELSE FOR ANY UNFORESEEABLE DAMAGES ARISING OUT OF THIS AGREEMENT. If, despite the previous sentences, liability is imposed upon Provider, Provider’s responsibility for damage under this Agreement will not exceed the fees actually paid for the Services by Client for the Session(s) in question. Provider will not be liable for any loss or damage resulting from protocols that might affect Client’s physical or mental health to the maximum extent permitted under applicable law. CLIENT IS FULLY AND SOLELY RESPONSIBLE FOR CONSULTING WITH THE MEDICAL PROVIDER OF CLIENT’S CHOOSING BEFORE TAKING ACTIONS THAT MAY IMPACT CLIENT’S MENTAL OR BODILY HEALTH.PROVIDER IS NOT A LICENSED ATTORNEY, CERTIFIED PUBLIC ACCOUNTANT, OR TAX PROFESSIONAL, AND CLIENT IS FULLY AND SOLELY RESPONSIBLE FOR CONSULTING WITH THE PROFESSIONAL ADVISOR OF CLIENT’S CHOOSING BEFORE TAKING ACTIONS THAT MAY IMPACT CLIENT’S BUSINESS AND/OR FINANCES. Astrology is not a predictive tool and is not a substitute for counseling, psychoanalysis or related therapy, mental health care, or substance abuse treatment, and Client will not use the Services in place of any form of therapy. Provider makes no predictions for the future regarding the Services. Provider assumes no responsibility for any medical expenses, injury, or damage suffered by Client in connection with the use of any Services to the fullest extent permitted under applicable law. Provider may use third-party software in connection with providing the Services. PROVIDER DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE ACCURACY, SECURITY, UPTIME, FUNCTIONALITY, OR ANY TECHNICAL SPECIFICATIONS FOR ANY SOFTWARE PROVIDER UTILIZES FOR PURPOSES OF PROVIDING THE SERVICES WHETHER BEFORE, DURING, OR AFTER ANY SESSION. OPERATION OF THIRD-PARTY SOFTWARE IS OUTSIDE OF PROVIDER’S CONTROL AND PROVIDER DOES NOT AND CANNOT GUARANTEE THAT SUCH SOFTWARE WILL BE ERROR-FREE OR SECURE AND SPECIFICALLY DISCLAIMS ANY LIABILITY THAT COULD POTENTIALLY RESULT FROM THE USE OF SUCH SOFTWARE.
7. Intellectual Property. To the extent Provider provides any materials or know-how during ay Session, all trademarks, writings, recordings (whether audio, visual, or audiovisual), presentations, content, handouts, workbooks, worksheets, text, literature, graphic designs, other designs, action plans, and other original, creative works provided by Provider throughout the Services (the “Intellectual Property”) are Provider’s sole and exclusive intellectual property and/or the property of Provider’s content suppliers and are protected under applicable copyright, patent, trademark, and other proprietary rights. Client may only use the Intellectual Property as expressly permitted by this Agreement. Any copying, redistribution, use or publication by Client of any such Intellectual Property is prohibited. All Intellectual Property provided to Client throughout the course of the Services is for Client’s personal and non-commercial use, unless otherwise specified. Client may not use any Intellectual Property or any of the Services for any other purpose, including any commercial purpose (i.e., in connection with the sale of Client’s own products or services) without Provider’s prior, specific, written permission. Client may not modify, copy, distribute, display, send, perform, reproduce, publish, license, rework, create derivative works (“knock offs” or “spin offs”) from, transfer, sell or otherwise infringe on any intellectual property rights related to any Intellectual Property. This Section will survive any termination or expiration of this Agreement.
8. Indemnification and Hold Harmless. Client (and Client's heirs or successors-in-interest, as the case may be) will release, indemnify, hold Provider harmless from, and defend Provider against, any damage, liability or expenses (including reasonable attorneys’ fees and costs) incurred as a result of any claim, judgment, damages, liabilities, costs, expenses (including attorneys’ fees), or adjudication against Provider arising from any breach of this Agreement by or from Client’s action or inaction because of, in connection with, or relating to the Services or otherwise arising out of the subject matter of this Agreement, including attorneys’ fees and costs and including any costs of collection for unpaid Compensation.
9. Relationship of the Parties. Provider is an independent contractor for Client, and this Agreement will not be construed as creating an employer/employee agency, partnership or joint venture relationship between Provider and Client. Client acknowledges that a legally recognized privilege may not exist between Provider and a client in the same way that there is legally recognized doctor-patient or attorney-client privilege and confidentiality.
10. Confidentiality.
a. Confidential Information in General. All non-public information shared by or pertaining to Client, including, but not limited to, Client’s birthdate, birth time, and place of birth is considered “Confidential Information.” Information is not deemed confidential, and Provider has no obligation with respect to any such information if that information is:
already otherwise known to Provider or is or becomes freely and generally available to the public through no wrongful act of Consultant;
is rightfully received by Provider from a third party without similar contractual restrictions and without breach of this Agreement;
is approved for release by prior written authorization of Client; or
was ordered to be publicly released by the requirement of a government agency.
b. Provider’s Obligations. Except as otherwise required by law, Provider will keep all Confidential Information provided by Client during performance of the Services confidential. Provider will not disclose such information to any third party without Client’s written consent, except i) as required by applicable law; ii) as is reasonably necessary in order to protect Client and/or any third party from harm; and/or iii) to an applicable request by a court or governmental agencies in connection with any investigation or pending legal matter.
c. E-mail and Messaging Policy. E-mail and other messaging communications may be intercepted, redirected, or read by third parties, including other parties who may have access to Client’s computer system(s), and individuals who are not intended recipients but who have legitimate access to the computer system of the sender or recipient. This may occur without the knowledge of either the sender or the intended recipient. Client acknowledges and accepts the risks that e-mail and direct messaging communications may not always be secure. Unless Client requests Provider to do otherwise, Provider may communicate with Client electronically, including by e-mail or other mutually agreed-upon methods. Client agrees that Provider may rely on the e-mail address provided by Client upon scheduling any Session until Client notifies Provider otherwise, in writing.
11. Entire Agreement; Binding. This Agreement constitutes the final agreement between Client and Provider regarding the Services and supersedes all prior understandings between them. In entering into this Agreement, neither Client nor Provider has relied upon any statement, representation, warranty, or agreement of the other party except for what is specifically contained in this Agreement.
12. Venue; Jurisdiction; Choice of Law. This Agreement will be construed according to the laws of the State of Tennessee for contracts wholly performed and executed in that state, regardless of conflict-of-law considerations. All disputes arising under or related to this Agreement must be submitted first to a mutually agreed-upon mediator in Nashville Davidson TN or, if mediation fails, to a court of competent jurisdiction in Nashville Davidson TN (or, if no such court exists, a court as close as possible to that location).
13. Severability; Waiver. If any part of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will remain valid, binding, and enforceable. If one party breaches this Agreement and the non-breaching party does not enforce the terms of this Agreement, that waiver of the breach will not affect the non-breaching party's ability to enforce the terms of this Agreement at any time.
14. Assignment. Client may not assign or transfer this Agreement. Provider may assign the Agreement to a successor in interest, such as a company that absorbs all of Provider’s assets, or as otherwise specifically permitted under this Agreement.
15. Headings. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.
16. Electronic Signature Substitute for Manual Signature. Execution of this Agreement delivered by your checking the box for electronic acknowledgement on the Session booking page is deemed to have the same legal effect as delivery of an original, manually signed copy of this Agreement. Provider has acknowledged, read, and agreed to the terms and conditions in this Agreement.