Terms of Services

Your  purchase of a service with Cathy Schwanke acts as your contractual agreement with an understanding of the following:

ADVANCE PAYMENT/REFUNDS POLICIES:
Private Sessions: Advance payment is required to reserve your reading or private tapping session.

Classes and Workshops: Advance payment or payment plan arrangement with payment in full prior to first class, or prior to the workshop is required for participation.

All services are non-refundable and non-transferable. There are no refunds or credits for failure to attend or failure to complete a class or workshop. Reschedules are welcome as I understand that sometimes circumstances change.  One reschedule will be allowed per class or tapping session.

PUNCTUALITY:

Your session begins on time so please be prompt. If you are late, please expect that your session will still end as scheduled if I have other clients waiting.

RESCHEDULING READING/TAPPING SESSION:
I am happy to reschedule as long as you let me know at least 8 hours PRIOR to your session start time.

Please make sure your intake form includes your phone number so that I can reach you in case I need to reschedule.

Missed appointments without any advance communication are deemed as “No Shows” and are not eligible for rescheduling or refund. Exceptions may be made in case of emergency only.

SPIRITUAL GUIDANCE and TAPPING ARE NOT A SUBSTITUTE FOR PROFESSIONAL COUNSEL:
Tapping Sessions and Intuitive readings are not intended or recommended as substitutes for legal, medical, financial, or other professional assistance. The information provided during our session is for your spiritual understanding and growth only.

ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES

In the event that there ever arises a dispute between Coach and 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 the refund of the 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 Texas. 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.   

Indemnification. YOU will, at your own expense, defend, indemnify, and hold FRESH START/SCHWANKE SERVICES, its agents, attorneys and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with this Agreement and/or YOUR access or participation in the Program.

 Integration.   This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and FRESH START/SCHWANKE SERVICES concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, promise or understanding relating to THE SESSION, whether oral or written. YOU represent, warrant and agree that YOU are not relying upon any prior proposal, sales call, representation, promise or understanding relating to the Program, whether oral or written.

Modification. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and is modifiable only by a duly signed written instrument.; however, FRESH START/SCHWANKE SERVICES reserves the right, in its sole discretion, to amend this Agreement from time to time by emailing an amended version of the Agreement to YOU. If FRESH START/SCHWANKE SERVICES does not receive a reply within 48 hours of the time the email was sent, stating that YOU do not agree to the modifications, then the Agreement will be deemed accepted.

Waiver; Binding Effect; Counterparts. None of the provisions of this agreement shall be deemed to have been waived by any act or acquiescence on the part of FRESH START/SCHWANKE SERVICES, its officers, members, managers, agents, or employees, except by duly signed written instrument. The failure FRESH START/SCHWANKE SERVICES to enforce any provision of this Agreement shall not constitute a waiver of the future enforcement of that provision and shall not constitute a waiver of the enforcement of any other provision. The Parties represent and warrant that they are authorized to execute this Agreement and that this Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the Parties and their heirs, legal representatives, successors, and assigns. The Parties further agree that this Agreement may be executed in any number of counterparts, all the counterparts shall be deemed to constitute one instrument, and each counterpart shall be deemed an original. Facsimile and pdf copies of signatures shall serve as originals.

Arbitration, Choice of Law, and Limited Remedies. In the event that there ever arises a dispute between FRESH START/SCHWANKE SERVICES and YOU 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 YOU in the event that an award is granted in arbitration is 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 YOU.

This Agreement shall be construed according to the laws of the State of Texas. 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.   

In the event of a breach or threatened breach by YOU of any of the provisions of this Agreement, YOU hereby consent and agree that FRESH START/SCHWANKE SERVICES shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bound or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Enforceability. Severability; Construction.   The invalidity of any portion of this Agreement whether declared invalid by a court or otherwise shall not affect the validity of the remainder of the Agreement. If a court of competent jurisdiction should find the provisions of any provision of this Agreement to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments hereto.

Attorneys’ Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).

BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO  FEES, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.

PRIVACY:
Your privacy is assured. Financial information is never stored or shared. We do not sell, rent or trade your contact details.

Your email address will be used confidentially to provide occasional updates, special offers, etc. However, you may unsubscribe at any time.  Your information is never shared or sold to third parties.

YOU ARE AGREEING TO BE BOUND BY THESE TERMS

You are agreeing to be bound by these terms. FRESH START/SCHWANKE SERVICES reserves the right to modify the terms of service at any time without notice. It is the Client’s responsibility to check the Terms of use periodically. By continuing to use these services you are agreeing to any modified Terms of use. By doing so, the Client acknowledges that: (1) he/she has read this agreement; (2) he/she has had an opportunity to discuss the contents with the Coach and, if desired, to have it reviewed by an attorney; and (3) the client understands, accepts and agrees to abide by the terms hereof.

BY CHECKING THE TERMS AND AGREEMENTS BOX ON THE INTAKE FORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO FEES, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.