Terms & Policies

GENERAL TERMS AND CONDITIONS FOR ALL PAID PRODUCTS AND SERVICES

The following Terms and Conditions are entered into by and between You (herein referred to as “Client”), and Jaime Fleres Inc, DBA Sacred Heart Healing Arts (“Company”, “we”, or “us”) when you purchase a product or service.

By purchasing any of our Products or Services (“Courses”, “Programs”, “Subscriptions or Memberships” or “Sessions”), Client agrees to abide by all policies, terms, and procedures as outlined in this agreement.

APPOINTMENT POLICIES

When you schedule an appointment with me, you are prompted to make full payment for the service in advance and will be sent email confirmation and reminders of our scheduled session.  I kindly request that you arrive on time to our scheduled appointment, ready for our session.  This means you are in a quiet place, free of distractions, and have the ability to hear and speak clearly into the phone or computer. 

If you do not show up to a session within 10 minutes of our scheduled start time or show up without the ability to clearly communicate, you will forfeit your session time, it cannot be made up, and is not refundable. If you have last-minute extenuating circumstances beyond your control, please let me know. 

CANCELLATION POLICY

I understand that life happens and sometimes we are unable to fulfill our commitment to a session time or event.  If you know your session time or event participation no longer works for you, I appreciate your prompt cancellation so your session time or spot can be made available to another client.

If you cancel an appointment with 48 hours’ notice or greater you’ll recieve a credit for a service in kind to be used within the next three months. If you need to cancel with less than 48-hour’s notice, please contact me directly.  Unfortunately, I cannot offer a credit in such circumstances.

REFUND POLICY

I hope you are satisfied with all services you receive at Sacred Heart Healing Arts. If you are not, I would sincerely like to hear your feedback. 

All payments for sessions, services, and events that have been delivered are FINAL and non-refundable. Whether or not you have attended an event or received a session, there are no refunds for services or events that have already taken place. All product and course sales are final upon purchase and no refunds are available at any time. 

If you would like to cancel a future appointment or event registration in accordance with our cancellation policy, see above for possible credit options. 

PAYMENT PLANS

If Client misses a payment or there is trouble with their on-file method of payment, Client’s access to the program will be suspended immediately until Client’s payments are current. Access to the Program will be revoked until account is current and all payments have been collected in full.

If the Client experiences circumstances that fundamentally inhibit his/her ability to compete the agreed upon payment plan (such as job loss, death), his/her access to the program will be withdrawn immediately and the payment plan will be cancelled. When the Client is able to complete the payment for the full remaining amount due on the plan, his/her access to the course will be reinstated immediately upon full payment. Client is still liable for the total cost of the Program.

Company reserves the right to institute alternative collections actions including but not limited to; credit/debt collection service(s) or arbitration.

NO GUARANTEES OF RESULTS

By purchasing any of our Products or Services, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended by the Product, Service, Jaime, or not. The Company provides educational and informational resources that are intended to help users of their Products and Services. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website and Company’s Products and Services, are no guarantee that you or any other person or entity will experience the same results.

FACILITIES

Much of my “Offerings” are offered virtually.  For those that are offered in person, clients and event participants take full responsibility for their wellbeing during these on-site experiences.  By signing up for an in-person session or event, you release Jaime for any liability or damages incurred on the property where such offerings or events are held and/or that are incurred in the course of the event. You agree to take full responsibility for your wellbeing and your behavior in these live experiences.  You are also responsible for your personal property at such events. 

QOYA DISCLAIMER AND WAIVER

Qoya includes physical movements as well as an opportunity for relaxation, energetic exploration, embodiment, and stress re-education. Qoya is a practice of listening to the wisdom of our own bodies as a navigation tool for how to move.

As with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. If you experience any pain or discomfort, you agree to listen to your body, discontinue the activity, and ask for support from Jaime. Clients assume full responsibility for any and all damages, which may incur through participation. 

Qoya, and all similar movement practices, are not a substitute for medical or psychological attention, examination, diagnosis or treatment. Qoya is not recommended and is not safe under certain medical conditions. When you sign up for a class, workshop, or retreat that offers Qoya, you affirm that a licensed physician has verified your good physical and mental health and condition to participate in such a movement program.

In addition, you agree to make Jaime aware of any medical conditions or physical limitations before class. If you’re pregnant, become pregnant or are post-natal or post-surgical, you hereby agree to obtain your physician's approval to participate. You affirm that you alone are responsible to decide whether to practice Qoya, and acknowledge that participation is at your own risk.

By signing up for a class, you hereby agree to irrevocably release and waive any claims that you have now or may have hereafter against Sacred Heart Healing Arts, Jaime Fleres, Inc, Jaime or any service co-facilitators.

FACEBOOK GROUP FOR COURSES

If Client elects to join the private Facebook Group associated with the Program(s) they have chosen, Client agrees to be bound by Facebook’s privacy policy and terms/conditions. Client understands that Company is NOT responsible and will not be held liable for what happens to any and all information submitted by Client on Facebook.

Client understands their name and other identifying information may be displayed amongst Program Participants in the Facebook group and that system errors may occur. The Client understands that any information they share in the Facebook group may be shared anonymously as promotional marketing material for the Company and/or the associated Program.

The Company reserves the right at all times to disclose any information shared within the Facebook group as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company also may edit, refuse to post or to remove any information or materials from the Group, in whole or in part, in the Company’s sole discretion.

DISCLAIMER

This Website, its Contents, and all of my “Offerings,” “Events,” “Products”, “Courses” “Services” and other communications are not to be perceived as or relied upon in any way as medical or mental health advice. The information provided through my Website, Content, and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional.

Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from me. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. I am not providing health care, medical or nutrition therapy services nor am I attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. I am not giving medical, psychological, or religious advice whatsoever.

Client understands that Company has not promised, shall not be obligated to, and will not act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands that a coaching relationship does not exist between the parties unless expressly stated and will only be in effect for the duration of the course or session terms.

CLIENT RESPONSIBILITY

Client accepts and agrees that Client is 100% responsible for their progress and results from any Program or Session or Offering. Participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By submitting payment, 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.

EDUCATIONAL AND INFORMATIONAL USE

The information on our Website and all Content, as well as information provided in sessions and through events are intended to be for educational and informational purposes only, and are offered as a self-help tool for your own free-will use. By using our Website and Services, you acknowledge that you are entirely responsible for your choices of belief and action, now or in the future, as a result of your experience with my Website, Content and Offerings. 

INTELLECTUAL PROPERTY

When you purchase any of the Company’s products, you’re getting access to proprietary information that is owned by the Company. By purchasing, you agree that you will not reproduce, share, or alter in any way any of the content, branding, or marketing related to or shared in the course without first obtaining written consent from the Company.

FDA DISCLAIMER

This Website, its Contents, my Offerings, and my Products have NOT been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease, or be considered medical or psychological advice or treatment. 

PRIVACY POLICY

Your privacy is very important to me. I am committed to protecting your personal information, being transparent about what data I hold, and giving you control over how I use it.

YOUR PRIVACY IN SESSIONS AND EVENTS

I hold our session and event space as sacred and protect your confidentiality and privacy like a fierce mama bear.  I will never share your personal information or any personal details about you with anyone else.  If you indicate the risk or report the experience of hurting yourself or others, this is an exception. 

If you offer feedback about your sessions with me and give me permission to share, I may share these on my website, social media or other marketing spaces.  I may also share in a very general way via my business communications general themes or issues that emerge in my work, which will never be specifically identified as connected to any client. 

YOUR PRIVACY ON THE INTERNET

ABOUT DATA COLLECTION

I collect your information when you interact with me on this website—including when you opt-in for my newsletter or a free gift, register for services and events, and make purchases.

I only collect the information needed to fulfill our business agreements, provide the (free or paid) product or service you’ve requested, and to keep you informed on what's new with me.

 WHERE I STORE YOUR INFORMATION

I store your data in Mailchimp, a business management program called 17Hats, my website (managed by SquareSpace), and/or in Acuity, my scheduling system.

HOW I USE YOUR INFORMATION

Before or at the time of collecting personal information, I will use your information for the express purpose for which you are providing it (i.e. to send you a gift, register you for an event or session, etc).  I will also add you to my mailing list and send you content monthly, including my New Moon Love Note, and other communications to share what I find useful and valuable to my audience.  You may choose to opt-out of these communications at any time by clicking “Unsubscribe” at the bottom of any email from me.    

 I will never share your information with a third party for their purposes of marketing or otherwise communicating with you via email or any other channel of communication you’ve shared in the information you provide to me. 

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, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. 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.

ACTS OF THE GODDESS AND SUCH (FORCE MAJEURE)

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God/dess, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

NON-DISPARAGEMENT

In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, or disparaging to each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

INDEMNIFICATION

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.

RESOLUTION OF DISPUTES

If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

CONTACT US

The Company welcomes your questions or comments regarding the Terms:

Sacred Heart Healing Arts
280 Haywood Road | Asheville NC 28806

Email Address: hello@sacredhearthealingarts.com

Effective as of 1/1/2020