Payment Form

Terms and Conditions

Please read these Terms and Conditions carefully; they apply to your purchase of, and participation in, services provided by Wendy S. Axelrod Coaching & Consulting, LLC (“Practitioner”). If you (“Participant”) do not agree to accept and be bound by these Terms and Conditions, then do not purchase the services.

Services:

• Sessions will be held via a teleconferencing or videoconferencing platform or phone.
• Participant may elect to have sessions recorded (excepting Reiki sessions, which are not recorded). If recorded by Practitioner, session recordings will be sent to Participant to download and save; recordings will be deleted fourteen (14) days after the last session in a package or after the session (if a single session is purchased). Participant may alternatively choose to record the session.
• Private (i.e., one-on-one), single sessions must be used within three (3) months from the date of purchase, or they are deemed forfeited. Unstuck Axelerator™ packages, when paid in full, must be used within nine (9) months from the date of purchase or are deemed forfeited.
• Practitioner uses several modalities, including Beyond Cellular Healings, LLC’s Soul Awakening™ Method, Usui/Holy Fire® III Reiki – Levels I and II, Elysia Hartzell’s Sacred Soul Alignments™, Elysia Hartzell and Kimberlie Carlson’s Sacred Light Healing™ and Kimberlie Carlson’s Energetic Allergy Healing™, together with intuitive guidance to facilitate the release of negative emotional and other energies and instill participants with positive and empowering energies (“Energy Method Services”).

Responsibilities & Disclaimers:

• While participants report positive outcomes when receiving Practitioner’s Energy Method Services, Practitioner makes no promises, guarantees, representations or warranties regarding same. Practitioner cannot predict how Participant will personally respond to receiving the Energy Method Services as each individual experiences them differently.
• Participant is responsible for creating his/her own results. Practitioner cannot and does not guarantee or predict that Participant will achieve any particular result or outcome using this Program, including with respect to finances, earnings or income, or physical, mental, emotional, spiritual or health benefits. Individual results vary based upon numerous factors, including without limitation, the individual’s life experiences, live call attendance, repeated listening of session recordings, effort, training and expertise.
• Any earnings or income statements, or earnings or income examples, in this Program are only estimates of what might be possible or in the case of testimonials, are attributable to a specific individual or business. They are not to be considered as average earnings or used as an indication of Participant’s future success or results. Participant is solely responsible for the success or failure of his/her personal or business decisions and for any fluctuation in his/her earnings, finances or income level. Participant agrees that Practitioner is not liable or responsible in any way for any kind of results that Participant may have for the choices, actions, use, misuse or non-use of the content provided or obtained through the use of the Program.
• Participant acknowledges the importance of being well-hydrated before, during and after sessions to support his/her body in receiving and processing the Energy Method Services.
• Energy or spiritual work is considered an alternative or complementary method and experimental by Western medicine standards. During the live session calls, Practitioner will be connecting to Participant’s subtle energy fields, not to Participant’s physical body.
• By participating in each session, Participant is voluntarily receiving the Energy Method Services and has the right to withdraw consent at any time.
• Participant may experience physical discomfort or emotional distress during or after sessions. Participant is encouraged to contact Practitioner with questions about what they are feeling and experiencing after sessions.
• Energy Method Services are not substitutes for professional advice by legal, mental health, substance abuse, medical, financial, business, religious/clerical or any other qualified or licensed professionals. Participant is exclusively responsible for seeking such independent professional guidance as needed.
• Although Practitioner is a licensed attorney, Practitioner is neither providing legal advice nor entering into an attorney-client relationship under these Terms and Conditions. Practitioner is an independent contractor, not an employee or agent of Participant.
• Practitioner is not a licensed physician, psychologist or other licensed, medical or mental health care professional as set forth in Title XIII-Article 130, Sub article 1 of the New York State Education Law governing the Professions. Since Energy Method Services are not licensed or regulated professions under that law, Practitioner is not licensed, certified or registered by New York State to perform Energy Method services.
• Practitioner does not diagnose, evaluate, supervise, treat or cure any mental or psychological disorders or any physical illness, disorders, or other specific health problems. Practitioner does not prescribe medication or devices, or recommend discontinuance of any medication, devices or other course of treatment prescribed by a licensed physician, health care or mental health care provider.

Fees: Fees are due and payable no less than twenty-four (24) hours in advance of sessions.

Refund Policy: Fees are non-refundable.

Rescheduling & Cancellation Policy (for one-on-one sessions): Participant is responsible for notifying Practitioner no less than twenty-four (24) hours in advance of a session if Participant needs to reschedule (i.e., by 10am ET the day before a 10am ET session). Practitioner and Participant will reschedule the session to a mutually convenient date and time.  If Participant does not provide such notice or show up for a session, the session will be considered forfeited. Practitioner reserves the right to determine that a genuine emergency occurred and permit Participant to reschedule the session.  If Participant joins a session late, the session will conclude at the scheduled session end time.

Release (for Group Program): Practitioner may create audio and/or video recordings during group Program sessions and may use those recordings for future commercial or non-commercial purposes. Participant agrees and understands that by participating in the group Program, Participant is consenting to being recorded and to Practitioner’s use of Participant’s voice and/or likeness, if applicable, in any media in perpetuity for whatever purpose as Practitioner sees fit.

Confidentiality: Practitioner shall keep all information provided by Participant in private calls, emails or texts confidential. Confidential information does not include information that: (a) Participant makes available during group calls; (b) was in Practitioner’s possession prior to its being furnished by Participant; (c) is in the public domain; (d) is obtained or developed by Practitioner without breach of any obligation to Participant; (e) Practitioner is required by law to disclose, such as court order, subpoena or statute; (f) Participant is engaged in illegal activity; or (g) Practitioner reasonably believes, based upon Participant’s disclosure, that there is an imminent threat or likely risk of danger or harm to the Participant or others.

Intellectual Property Rights: The forms, assessments, tools, methods, techniques, recordings and other materials (collectively “Materials”) provided by Practitioner to Participant, are the intellectual property of Practitioner and/or Practitioner’s third-party licensors and are to be used solely by Participant for personal development and wellbeing. Participant may not distribute, share or otherwise disclose such Materials to any other person or entity, except for immediate household members of group Program participants.

Applicable Legal Policies: The Terms of Use, Disclaimer and Privacy Policy on Practitioner’s website, wendyaxelrod.com, are incorporated by reference herein. In the event of a conflict between these Terms and Conditions and the terms in any of those policies, the terms herein prevail.

No Warranties: This Program is provided “as is.” While this Program will be delivered in good faith, PRACTITIONER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TIMELINESS, ACCURACY, COMPLETENESS OR APPROPRIATENESS OF ANY OF THIS PROGRAM. PRACTITIONER EXPRESSLY DISCLAIMS ANY LIABILITY OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WSACC EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACTION, OR FAILURE TO TAKE ACTION, IN RELIANCE UPON ANY PART OF THIS PROGRAM.

Termination: Either party may terminate this Agreement upon three (3) business days’ written notice, which includes email, subject to the Refund Policy. If Participant chooses to end participation prior to the program end date, Participant will not receive a refund and will be responsible for making all agreed upon payments. These Terms and Conditions will remain in effect in the event of termination.

Limited Liability: The sole remedy for any breach of these Terms and Conditions will be termination as set forth in the Termination clause. Participant agrees that Practitioner is not liable for any actions or inaction by Participant, for any outcomes or reactions whether beneficial or adverse, or for any damages, including direct, indirect, incidental or consequential damages, resulting from receiving services or listening to recordings in this Program. Participant agrees to release, indemnify, hold harmless and defend Practitioner from and against any and all claims which Participant, Participant’s representatives, or any third parties may have for any loss, damage, or injury of any kind arising out of any Energy Method Services provided pursuant to these Terms and Conditions.

Dispute Resolution:

• The parties agree to use reasonable, good faith efforts to promptly resolve any and all disputes arising from these Terms and Conditions. The parties agree to submit any dispute that cannot be resolved by mutual consent within thirty (30) days to a court of appropriate jurisdiction in accordance with the Applicable Law & Venue clause above.
• Any action or dispute arising out of, or during the course of, this Program must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by Participant in email to wendy@wsaxelrod.com or shall otherwise be forfeited.
• The only remedy or damages that can be awarded to Participant is limited to the amount paid by Participant to Practitioner for this Program for all services rendered and recordings downloaded up until the termination date.
• Practitioner shall be entitled to all reasonable attorney’s fees and costs necessary to enforce these Terms and Conditions and any award.

Applicable Law & Venue: This Agreement shall be governed and construed in accordance with the laws of New York State, without reference to its choice of law provisions. Any actions will be venued in New York State and New York County.

Entire Agreement; Amendment; Assignment: The parties agree that these Terms and Conditions constitutes the parties’ entire agreement, reflects the parties’ complete understanding and supersedes all prior written and oral representations. These Terms and Conditions may only be modified in writing and signed by both parties. Neither party may assign their rights or obligations (in whole or in part) under these Terms and Conditions to any other person or entity.

Survivability & Waiver: Should any provision of these Terms and Conditions be deemed invalid or unenforceable, it shall not affect the validity or enforceability of any of the remaining provisions, which shall be severed and remain in full force and effect. The failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver or limitation of the right to later enforce compliance with every provision in these Terms and Conditions.