The following agreement is entered between CLIENT (“You/Your” or the “Client”) located at and Holton Healing Arts LLC, (“Company”) located at 3300 Arctic BLVD, Anchorage, AK 99503.
Hereinafter this agreement shall be known as the “Agreement” and it is entered into for the purpose of creating and experiencing more of what is good, true, and beautiful in the world.
Holton Healing Arts, LLC (herein referred to as “company”) agrees to provide private sessions with or programs written by Katy Jo Holton (herein referred to as program) identified in online commerce shopping cart or appointment payment center. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the program.
Upon your purchase you were given access to this agreement and by completing your purchase implicitly agreed to these terms. You also agreed you were at least 18 years old.
1. Katy Jo Holton (herein referred to as “consultant”) and company is not an employee, agent, lawyer, doctor, manger, 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 behavior therapy; (4) act as a public relations manager (5) act as a publicist to produce any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contact, media partners or business partners; (7) act as a medical doctor or give medical advice, diagnose or treat any condition, or refer a client to any medical professional or healthcare provider for treatment. 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.
2. Company’s Pleasure. For the consideration set forth in this Agreement and in exchange for your agreement to the promises contained in this Agreement, it shall be the Company’s pleasure to serve You in working with Katy Jo Holton as your Trusted Advisor (the “Consulting”).
3. For How Long. The Term of this Agreement will be from the date the first payment is made between CLIENT and consulting, renewable, as desired and documented under sales terms, subject to any agreed-upon changes, which must be documented in writing and agreed to by both You and Company.
4. The Financial Investment.
You understand that by claiming your spot in program with Consultant, you have made it unavailable for anyone else and that Consultant will block time on her schedule and space in her consciousness to hold you during your exploration and transformation. It is your responsibility to show up for all pre-scheduled calls and to follow through on all assignments given by Consultant.
You understand that you may be responsible for paying late fees for missed or bounced payments. There is a $50 late fee charged for missed or bounced payments. Payments must be current to participate in program and access course materials. Missed, late, or bounced payments are not grounds for an extension in program duration.
By making the first payment you are acknowledging this Agreement. You agree to be legally obligated to pay the full amount of the Investment and/or all monthly installments, whether you attend these calls with Consultant or not, so long as she makes herself available for the calls.
5. Confidential Relationship. During the course of the Trusted Advisor relationship, You may receive information of a private or confidential nature, including but not limited to personal stories of growth and recovery (“Private Information”). You agree that you shall not share Private Information with any third party in the absence of an agreement signed by both of us. All such information will be kept confidential including the existence, terms, and amount of this Agreement.
You agree not to disparage Company or any team members of Company for any purpose at any time. You agree if you have anything not positive to say about Company or any team member of Company that you will approach the person or people you have charge with directly and clear such charge cleanly, with love and compassion. Company agrees to the same in relation to you as well.
6. Risks of the Consulting. (a) You understand and agree that Katy Jo Holton, Holton Healing Arts, LLC, and the individuals teaching, leading, or otherwise participating in the Consulting are not licensed therapists, or other licensed professionals and are not meant to replace the care and advice of licensed therapists, doctors, or other licensed professionals; (b) You understand and agree that Consultant is not your lawyer, but is acting as a consultant and coach only and that any legal work to be undertaken will be done by legal counsel you hire separately or by yourself on your own behalf; (c) You understand and agree that there is a risk of financial loss involved in Your participation in the Consulting (“Risks”); (d) You are responsible for Your own results. You take full responsibility for Your participation in the Consulting, and all of the decisions You make during and following enrollment in the Consulting.
7. You Release Us From All Liability. You acknowledge and agree that any and all Risks, including but not limited to personal injury, death, property damage or other loss suffered by You is solely your responsibility. You accept and expressly assume all risk of such injury, death, damage, or loss and release and discharge Katy Jo Holton, Holton Healing Arts, LLC and its officers, owners, employees, and servants from all claims, demands, losses, causes of action, suits, or judgments of any and every kind that You or Your heirs, executors, administrators or assignees may have arising out of, or in connection with Your participation in the Consulting. Company assumes no responsibility for error or omissions that may appear in any program materials.
8. Disagreements Will Be Handled By Mediation and Binding Arbitration. In the event a dispute arises between the parties, either arising from this Agreement or otherwise pertaining to the relationship between the parties, the parties will attempt to resolve the dispute through community mediation, in which a member of the community is selected by each of the parties to support the co-creation of a collaborative resolution. In the event that collaborative resolution is not available, the parties agree to submit to binding arbitration before the American Arbitration Association. Any arbitration commenced between the parties will be filed in Anchorage, AK.
9. Notices. Any and all notices to be served hereunder, including the commencement of an arbitration shall be by regular and certified mail (return receipt requested) to the addresses set forth at the top of this Agreement.
10. Company May Discontinue Working With You. No provision of this Agreement shall prevent Company from discontinuing its work with You in the Consulting, in its sole and exclusive discretion. Company will only make a decision to not continue your membership in the Consulting if Company determines you are not taking 100% responsibility for your results, blaming, creating a victim/persecutor pattern or otherwise deflecting responsibility for Your experience. The decision by Company to discontinue work with you. You shall be final, not subject to any appeal and, to the extent permissible by law, non-reviewable. You will receive pro rata return of any unexhausted portion of Your Investment.
11. All Agreements Need Some Legal Details. This Agreement shall be construed in accordance with the laws of the State of Alaska, without regard to the conflicts of law rules thereof. No adverse inference shall be drawn against the party whose attorneys physically prepared this Agreement. This Agreement is intended to be as broad and inclusive as Alaska law permits. In the event that any term, provision, covenant or condition of this Agreement is found to be invalid, illegal or otherwise unenforceable, the remainder of the Agreement shall continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. This Agreement sets forth the entire understanding of the parties on the specific matters addressed herein, and supersedes any and all prior agreements, understandings and negotiations, both written and oral, between the parties (except to the extent that the terms herein incorporate by reference additional agreements). The parties acknowledge that no statements, whether oral or written, not expressly set forth in this Agreement have been relied upon or are intended to be made part of this Agreement. This Agreement may not be amended or modified except by a subsequent written agreement executed by all of the parties hereto. The waiver of any party to a breach of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party hereto, unless such waiver is expressed in a subsequent written agreement executed by all of the parties. The headings for this Agreement are for organizational and drafting purposes only and shall not affect the substantive rights and obligations herein. Facsimile and pdf copies of this agreement and signatures by facsimile and pdf or other technologies, including electronic signatures, shall be valid and binding as if originals.
12. Severability. If any provision, clause, terms, or words of this Agreement are declared void or unenforceable, such provision, clause, terms, or words shall be deemed severed from this Agreement, and all remaining provisions, clause, terms, or words shall otherwise remain in full force and effect.
13. Attorney’s Fees. In the event of any breach of this Agreement and action for enforcement hereof, the prevailing party shall be entitled to have and recover from the other party all costs, expenses and attorney’s fees reasonably incurred thereby, together with interest at the highest rate permitted by law on any and all amounts deemed to be due and owing (including costs, expenses, and attorney’s fees), which interest shall accrue from the date of any such claim or amount which has arisen until fully paid.
Earning and Health Disclaimer
Every effort has been made to accurately represent this product and its potential. There is no guarantee that you will earn any money or improve health using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earning, health improvement or any other guarantees. Earning potential and lifestyle changes entirely depends on the person using our product, ideas and techniques. Any claims made of actual earnings or health improvements or examples of actual results can be verified upon request. Our level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Intellectual Property Notice
All text, videos, images, recordings and graphics are owned by Company. It is a violation to use our property in whole or in part, or to distribute or share it with anyone who has not purchased the material.
Additionally, indigenous cultures have had a long history of cultural practices being shared or offered without explicit permission from that tribe or culture. While Company’s curriculum does not teach specific cultural practices, please know this is a serious issue that requires deep respect.
Although you are encouraged to use the practices taught by Company with your clients and community, Client may not teach the practices without explicit permission from Holton Healing Arts.
Notes about Certification programs
Certifications will be given at the discretion of consulting and are not guaranteed by payment alone. In addition client must complete recorded content and attend a minimum of 8 group practice calls, typically held the last two weeks of each month, within the 8 month program. Consulting reserves right to deny certificate of completion.
Notes about our Refund Policy:
No refunds will be given after 24 hours before your appointment or commencement of your program. After your appointment, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you use the information or not.
All refunds are discretionary as determined by Company. If you download all the materials, take advantage of the special deals/discounts and then ask for a refund, we reserve the right to deny your request.
Cancellation and Rescheduling Policy
Cancelling or rescheduling is not permitted within 24 hours of the appointment. To reschedule with more than 24 hours’ notice, client must contact Consultant to request a re-schedule. If you cancel with less than 24 hours notice or no-show for a session, your coaching sessions will be forfeited without refund.
A notice of 30 days is required to cancel subscription to the Healer’s MasterMind Membership.
The Company respects Client’s private information and insists that Client respects the Company’s and Program Participants’ (herein referred to as “Participants”). This shall be considered a mutual non-disclosure agreement. Any confidential information shared by Program, or any representatives of the Company is confidential, proprietary and belongs solely and exclusively to the party who discloses it. Client agrees 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 the Participants during the Program. Confidential Informations includes, but is not limited to, information disclosed in connection with the Agreement, and shall not include information rightfully obtained from a third party. Client 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 the Agreement of Company’s direct or indirect dealing with Client including by not limited to: names, email addresses, third party company titles or positions, phone numbers or addresses. Further, by purchasing this product or service you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect them against the harm of such violations.
WHEREAS, Company wishes to film, tape and/or record the Releasee during a Company event or related-event or any other purpose requested by the Company, and WHEREAS, Releasee wishes to be filmed, taped and/or recorded in such Company event or related-event for the purposes of self-promotion. THEREFORE, for good and valuable Consideration, the receipt of which is hereby acknowledged, Company and Releasee agree to the following: Grant: Releasee consents and understands that Releasee’s voice, name and image may be filmed, taped and/or recorded by various mechanical and electrical means of all description whereby such recordings, any piece thereof, the contents therein and all reproductions thereof, along with the utilization of any or all parts shall collectively herein be referred to as “Released Subject Matter.” Releasee freely and without restraint consents to and gives unto Company and its agents or assigns, or anyone authorized by the Company the unrestrained right in perpetuity to own, utilize, or alter the Released Subject Matter, in any manner that the Company may see fit and for any purpose whatsoever, all of the foregoing to be without limitation of any kind. Without limiting the generality of the foregoing, Releasee further grants unrestrained rights to the Company to utilize the Released Subject Matter in any and all forms of media, including but not limited to advertising and related promotion, publicity, and public displays throughout the world and in perpetuity. Releasee grants the right to use his/her image, his/her physical likeliness, actions, and/or name in connection with the filming, taping, and/or recording (audio or visual) of Releasee for the Company’s purpose and waives the right to inspect or approve use of the Released Subject Matter. Release: Releasee releases the Company and Company’s assigns, licensees and successors from any claims that may arise regarding the use of the Released Subject Matter including any claims of defamation, libel, slander, invasion of privacy, infringement of moral rights, rights of publicity, trademark violation, right of publicity, copyright or any other false light arising out of or in connection with the utilization of the Released Subject Matter. Releasee acknowledges that he/she has no ownership rights in the Released Subject Matter. Company is not obligated to utilize the rights granted in this Agreement. The parties acknowledge that they have read and understand this agreement and are over the age of 18. This Agreement expresses the complete understanding of the parties.
No Transfer of Intellectual Property
Company’s program is copyrighted and original materials 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 or service, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in the paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
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 to 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, judgement, awards, settlements, investigations, costs, attorneys fees, and disbursements- which any of them may incur or become obligated to pay arises 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 representation 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 signs 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”) from all actions, causes of action, contracts, claims, suits, costs, demands and damages to whatever nature of kind in law of in an equity arising from participation in the Programs.
June 1, 2019
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Holton Healing Arts decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.
This Policy applies to Holton Healing Arts and any subsidiary company listed below, and it governs any and all data collection and usage by us. Through the use of http://www.holtonhealingarts.com and any of it’s affiliate sites or social media and any subsidiary website listed below, you are therefore consenting to the data collection procedures expressed in this Policy.
Subsidiary Company: Subsidiary Website:
Specifically, this Policy will inform you of the following
What personally identifiable information is collected from you through our website;
Why we collect personally identifiable information and the legal basis for such collection;
How we use the collected information and with whom it may be shared;
What choices are available to you regarding the use of your data; and
The security procedures in place to protect the misuse of your information.
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as:
· Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested.
· Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
In addition, Holton Healing Arts may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.
Holton Healing Arts may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public.
Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy.
Why We Collect Information and For How Long
We are collecting your data for several reasons:
To better understand your needs and provide you with the services you have requested; To fulfill our legitimate interest in improving our services and products;
To send you promotional emails containing information we think you may like when we
have your consent to do so;
To contact you to fill out surveys or participate in other types of market research, when we
have your consent to do so;
To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.
Use of Information Collected
Holton Healing Arts does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.
Holton Healing Arts may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from http://www.holtonhealingarts.com and any of it’s affiliate sites or social media and its subsidiaries.
Holton Healing Arts and its subsidiaries may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
Holton Healing Arts uses various third-party social media features including but not limited to, and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within Holton Healing Arts’ control.
Disclosure of Information
Holton Healing Arts may not use or disclose the information provided by you except under the following circumstances:
as necessary to provide services or products you have ordered;
in other ways described in this Policy or to which you have otherwise consented; in the aggregate with other information in such a way so that your identity cannot reasonably be determined; as required by law, or in response to a subpoena or search warrant; to outside auditors who have agreed to keep the information confidential; as necessary to enforce the Terms of Service; as necessary to maintain, safeguard and preserve all the rights and property of Holton Healing Arts.
Holton Healing Arts greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Katy Jo Coaching, LLC products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.
Children under the age of 13
Holton Healing Arts’s website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to . If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Holton Healing Arts will continue to adhere to this Policy with respect to any personal information previously collected.
Links to Other Websites
Notice to European Union Users
Holton Healing Arts’ operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.
Holton Healing Arts takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
Acceptance of Terms
How to Contact Us
Email: [email protected]
Mailing Address: Holton Healing Arts , 3300 Arctic BLVD, Anchroage, AK 99503
If you answered “yes” to the question Does your website comply with the General Data Protection Regulation
COPPA Compliance Disclosure: