Effective date: 01/01/2024
These Terms of Mental and Emotional Release Therapy, Hypnosis Services, and Neuro Linguistic Programming Services (“Terms of Service”) set forth the terms and conditions of the services provided to you, the “Client,” by Philip Turner, LLC (“Provider”). By using the Provider’s website to purchase, request, or schedule services or products, or by otherwise requesting or receiving services from Provider, you consent to be bound by the Terms of Service. If you do not wish to accept these Terms of Service, then do not purchase or use any services from Provider. Furthermore, Provider will use information that you provide and that Provider gathers from your usage of services. Provider reserves the right to revise, modify, or amend these Terms of Service at any time without any notice to Client. By continuing to use Provider services, including the Provider website, after any such revision, modification, or amendment to these Terms of Service, you agree that you accept and consent to be bound to any such revised, modified, or amended Terms of Service.
Scope of Services.
DISCLAIMER – NO PROFESSIONAL MEDICAL SERVICES. The services provided to you by Provider (the “Services”) are not intended to diagnose, treat, cure, or prevent any disease or illness. Your use of Provider’s services does not create any physician-Client relationship and does not replace consultation with a qualified health or medical professional when making decisions. DO NOT USE PROVIDER FOR EMERGENCY MEDICAL SERVICES. Provider does not provide emergency care. If you are concerned that you may be experiencing a medical emergency, please call 911 and/or your primary care provider.
PROVIDER’S SERVICES. Provider is a legal Complementary Healthcare Provider and not a licensed medical doctor, psychologist, psychiatrist, and does not have any master’s in family and child counseling (“MFCC”) or a master’s in social work (“MSW”). The Services you receive from Provider are not licensed in this state, nor are they regulated by a governmental body or any other agency or organization. Provider will only provide services in which Provider has been trained. If Provider finds that Provider cannot help you, then Provider will refer you to a licensed person who can assist you. During your therapy session Provider will use one or more of the following techniques:
Mental and Emotional Release®: The techniques are a process of active imagination where the client imagines floating above his/her time line and letting go of his/her negative emotions and or limiting beliefs. Then the client is also asked to imagine creating events in his/her future that support his/her goals or outcomes. Mental and Emotional Release® has demonstrated results in a broad variety of presenting problems. It is a powerful technique which allows clients to make long-lasting changes in a very rapid way. Your Provider is certified as a Mental and Emotional Release® Master Practitioner by the Association of Integrative Psychology.
Neuro-Linguistic Programming (“NLP”): NLP is a model of communication - how we communicate to self and others - and how that communication creates and affects our behavior. As a study, it is a synthesis of cognitive and behavioral philosophies which focus on the information coming in through the neurology (cognitive) and the programs we run inside our heads to produce the behaviors (behavioral) we do. Your Provider is certified as an NLP Master Practitioner by the Association of Integrative Psychology.
Hypnosis: This is the use of trance to make change at the unconscious level. Hypnosis has been used to produce unconscious change with clients since 1843. All our practitioners are trained and certified as Hypnotherapists by the Association of Integrative Psychology. Since Hypnosis may be used during your session, for your safety you should make sure that you are totally wide awake before driving or doing any other activity that may require concentration. Your Provider is certified as a Hypnotherapist by the Association of Integrative Psychology. Hypnosis can never be used to force anyone to act against his or her will. The subconscious mind will only accept those specific ideas, feelings, suggestions, memories, visualizations, and imagery that support the realization of their goals.
Terms of Payment; No Refund for Services Rendered. Provider DOES NOT ACCEPT MEDICAL INSURANCE. IT IS THE CLIENT’S RESPONSIBILITY TO PAY FOR ALL SERVICES PROVIDED BY PROVIDER TO THE CLIENT. Pricing, available service options, and payment terms are set forth on the Provider’s “Order Form,” the terms of which are hereby incorporated by reference. Provider will not offer a refund for Services provided in any circumstances. Client may cancel scheduled Services with at least 48-hour notice to Provider, and Client will receive a refund of any payment made to Provider, less $50 to cover the cost of the Mental and Emotional Release therapy book sent to Client at the time Client executes an order for Services. Client will not, under any circumstances, issue or threaten to issue any chargebacks to Provider or the Client’s credit card and/or other form of payment for any reason whatsoever related to the Services. Client may only receive a refund by cancelling any scheduled sessions with a minimum of 48-hour notice, as set forth in this section; Otherwise, under no circumstances will Client receive a refund for any Services rendered by Provider, and Client expressly acknowledges and agrees to waive any right to request a chargeback for any Services actually rendered by Provider.
Rescheduling; Cancellation Policy; Missed Appointments. In the event an appointment needs to be rescheduled or cancelled, the Client must provide 48-hour notice to Provider of such rescheduling or cancellation. In the event the Client contacts Provider to reschedule or cancel an appointment and does not provide the requisite 48-hour notice, then Client will be responsible for the full payment for the Services related to that appointment.
Termination. Provider reserves the right to terminate the provider-Client relationship for reasons including, but not limited to: Client noncompliance, frequently missed or cancelled appointments, behavioral issues, and non-payment of invoices for Provider’s services. Provider will use its best judgment in terminating a Client relationship and will communicate with the Client regarding the reasons for termination. Provider reserves the right to refuse treatment to any Client for any reason, in Provider’s sole discretion.
Marketing Release. Client authorizes Provider and any of Provider’s affiliates, partners, suppliers, vendors, and subsidiary entities to use Client’s name, biographical information and geographic location of delivery of Client’s purchased services for the marketing and promotional purposes provided that such purposes are authorized by Provider. Client agrees that all such information is the property of Provider, and that Client will have no right to inspect or approve any of any such information or the use thereof by Provider. Client agrees to release Provider from any and all claims and liabilities relating to any such information, including without limitation any personal or proprietary rights Client may have in any such information and/or other uses thereof. Further, Client acknowledges that the liability for any claim arising from any act or omission related to any such information is limited to the dollar amount that Client paid for the Services. Client may opt-out of this consent and release by notifying the Provider in writing, at the address provided in Section 17 of these Terms of Service (“Notice.”), within seven (7) days of the date Client executes Provider’s Order Form for Services.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
Force Majeure and Risk of Loss. Provider will not be liable for damages arising from its failure to make or delay in making delivery because of any fire, flood, strikes, riots, embargoes on freight, accidents, insurrections, lockouts, breakdown of machinery, loss or damage of goods in transit, acts of God, or any other similar such circumstances or unavoidable cause beyond the control of Provider.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL PROVIDER, ITS SUPPLIERS, AFFILIATES, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE ARISING FROM THE SERVICES PURCHASED FROM PROVIDER. IN NO EVENT WILL PROVIDER’S LIABILITY FOR ANY AND ALL CLAIMS OF ANY KIND ARISING AS A RESULT OF OR RELATED TO THESE TERMS OF SERVICE AND/OR YOUR USAGE OF ANY PROVIDER SERVICE(S), AND/OR ANY OBLIGATIONS HEREIN OR TO ANY ACT OR OMISSION RELATED TO THESE TERMS OF SERVICE, EXCEED THE VALUE OF THE ACTUAL PURCHASE PRICE PAID BY YOU TO PROVIDER FOR ANY PROVIDER SERVICE(S).
Indemnification. You agree to indemnify and hold harmless Provider, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your breach of these Terms of Service. You further agree to indemnify Provider for, and hold Provider harmless from, all liability and expenses based upon bodily injury, property damage, or economic loss, arising directly or indirectly with respect to any Services.
Integration, Severability, and Waiver. These Terms of Service, together with any applicable Provider forms, and the Privacy Policy, set forth the entire agreement relating to the subject matter hereof and supersede all prior agreements, discussions, and understandings between the parties hereto, whether oral or written, relating to the subject matter hereof. If any provision of these Terms of Service is held to be invalid or unenforceable under the circumstances, such provision’s application in any other circumstances, and the remaining provisions of these Terms of Service, shall not be affected thereby. The waiver of a breach or default in any of the provisions or any delay or omission to exercise any right under these Terms of Service shall not be construed as a waiver of any succeeding breach of the same or other provisions.
Limitations of Actions Brought Against Provider. You agree that any claim or cause of action arising out of or relating to these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or it will forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Applicable Law; Dispute Resolution; Class Action Waiver; Jurisdiction. These Terms of Service are governed by and construed in accordance with the laws of the state where the Provider’s business is located, without giving effect to any principles of conflicts of law. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to litigation. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You hereby waive any and all rights to claim punitive, incidental, or consequential damages, attorney's fees, and costs, and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with these Terms of Service. The venue for any dispute will be exclusively in the city and county where the Provider’s business is located. All lawsuits, causes-of-action, disputes, or other proceedings shall be brought exclusively in the state or federal courts located in the city and county where the Provider’s business is located. The terms of this section survive any termination of these Terms of Service.
Remedies. In order to avoid irreparable injury to Provider, in the event of any breach or threatened breach by you of the provisions of these Terms of Service, Provider will be entitled to seek an injunction and/or other equitable relief restraining you from such a breach. Nothing in these Terms of Service should be construed as prohibiting Provider from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
Electronic Communications. When you communicate with Provider through the Provider’s website or via other forms of electronic media, such as email or text message, you are communicating with Provider electronically. You agree that Provider may communicate with you electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Provider provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Trademark Notice; Intellectual Property and Usage Rights of Services. All trademarks and service marks displayed on the Provider’s website are the property of either Provider or their respective owners. You may not use or display any trademarks or service marks owned by Provider without Provider’s prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their respective owners. Client may not record, rebroadcast, retransmit, or otherwise reproduce or reuse any of the Services obtained from Provider. Provider utilizes proprietary knowledge and techniques in delivery of the Services, and Client acknowledges and agrees that Client has no ownership rights of any information provided to Client relating to the Services and further that Client has no right to reproduce, distribute, or disseminate any information provided to Client by Provider relating to the Services.
Copyright Policy and Copyright Agent. It is Provider’s policy to respect the copyright and intellectual property rights of others. Provider may remove content that appears to infringe on the copyright or other intellectual property rights of others. Further, Provider complies with the Digital Millennium Copyright Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Provider with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on this Website; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please send the information to the address provided in the provision of these Terms of Service relating to required notices under these Terms of Service.
Notice. All notices to you under these Terms of Service will be deemed given when delivered via email to any email address you provided in connection with your quotation or proposal, or when delivered by mail to the address you provided for delivery of any equipment or services you purchased from Provider. All notices by you to Provider under these Terms of Service will be deemed given when postmarked and sent via certified mail to:
Philip Turner, LLC
Attn: Legal Dept.
320 Central Ave #425
Sarasota, FL 34236
Modifications to these Terms of Service. Provider may make changes to these Terms of Service from time to time, in Provider’s sole discretion, by updating these Terms of Service (located at: www.badatanxiety.com/terms-and-conditions) without notice to you, the Client. Your continued use of the Provider’s website or the Services following the posting of a new version of the Terms of Service constitutes your acceptance of any such changes. Accordingly, whenever you visit the Provider’s Website, you should check to see if these Terms of Service have been updated or revised. These Terms of Service supersede any other terms and conditions previously published by Provider on the Provider Website. Provider may assign, transfer, or subcontract any of Provider’s rights or obligations under these Terms of Service to any third-party at Provider’s discretion. No delay by Provider in exercising any right or remedy under these Terms of Service will operate as a waiver of that right or remedy or will otherwise affect Provider’s ability to subsequently exercise that right or remedy; any such waiver must be agreed to by Provider in writing.
Acknowledgement of Terms and Conditions
Continued use of this site acknowledges Client receipt, review and acceptance of Terms and Conditions for Philip Turner, LLC. Client understands that these will be updated via website in the future, as listed above.
Contact Us
If you have any questions, concerns or complaints about this Terms and Conditions, please contact us:
By email: [email protected]