Service Agreement

This Agreement (“Agreement”) is made and entered into by the undersigned parties, known as the “Client”, and Bianca Paige Smith and biancapaigesmith.com (known as the “Provider”).

The parties hereby agree as follows:

Guidlines for Persons Under 18

If you are under 18 years of age, you may only purchase services and/or products in conjunction with a parent or legal guardian. In such circumstances, the parents/legal guardian is the actual purchaser and is liable for any and all activities.

Scheduling

The current schedule is up to date on the scheduling website. Bianca reserves the right to add or remove session times at any time without any prior notice. You will have the option to select the service/offering and the dates and times you wish.

Additional times that are not already listed in the calendar may be arranged upon discussion of both parties via email.

Rates

The current rate for all services is listed on the scheduling website and is expected to be paid in full before any services commence. Rates can be increased at any time without notice. All payments are non-refundable and must be made in full in advance of any session.

Cancellation & Refund Policy

All payments must be processed in order to schedule an appointment. If you fail to reschedule within 48 hours of your allotted time, you will forfeit your appointment and it will not be refunded. If you cancel within 48 hours of your allotted time, you will forfeit your appointment and it will not be refunded.

No-shows will forfeit their appointment and will not be refunded.

In the unlikely event that Bianca needs to reschedule your appointment, you will be rebooked as soon as possible or provided a full refund if you prefer.

In the unlikely event that Bianca needs to cancel your appointment, you will be given the option to reschedule at no extra cost or be provided a full refund.

Cancellations/rescheduling must be made more than 48 hours in advance. The system will not allow you to edit, cancel or reschedule appointments within 48 hours of your appointment time. Cancellations made within the window will be refunded.

Please note that it is not possible to make changes to your appointment within 48 hours of your scheduled time and there will be no refund issued.

If it is an emergency, please contact Bianca directly via email to let her know that you cannot make it.

If you wish to make changes within the 48 hour window, the only option is to schedule a new appointment on the calendar. New appointments must be made more than 48 hours in advance. The system will not allow new appointments to be made less than 48 hours in advance.

Recurring appointments can be scheduled as far in advance as the calendar will allow so long as they are paid for in full.

Failure to abide by this policy will render the client ineligible for a refund of any portion of the fee for said appointment(s).

Payment

All payments must be made prior to any service/offering. You will pay in full using the scheduling website.

If you wish to suggest an alternative payment plan, please email Bianca to discuss.

Location

All services are held online, unless otherwise stated. Bianca reserves the right to change this at any time.

Your conduct

You agree not to cause any nuisance, harass or otherwise act offensively towards the Provider. Failure to conduct yourself as required by this Agreement may result in Provider cancelling your session and your loss of payment or credit for that session. It may also result in termination of access to working with Bianca Smith and/or biancapaigesmith.com.

Contact with you

You agree that we may contact you about your use of the services and/or products through the services and/or products themselves, your email address on file, your mobile number and any other contact information you have provided us.

Intellectual Property Policy

You acknowledge that:

• content on the website is protected by copyrights, trademarks and other intellectual proprietary rights (‘Rights”)
• these Rights are valid and protected in all media and technologies existing now or developed later
• except as explicitly stated otherwise, the Terms and Conditions and applicable copyright, trademark and other laws govern your use of such content.

You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes upon copyright and intellectual property rights.

You agree that unauthorized copying, publication, sale, exploitation or any other form of transfer of any portion of Provider’s services and/or products including but. not limited to any content, services, digital products, tools, website is hereby prohibited.

This policy is incorporated by reference as Intellectual Property Policy.

Electronic Communications

You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

Non-Commercial Use

Provider’s website and services and/or products, without limitation, are for personal use and may not be used in connection with any commercial endeavors except those pre-approved by the Provider in writing.

Any illegal and/or unauthorized use of Provider’s content, including but not limited to, collecting usernames, email addresses, contact information for sending unsolicited email or unauthorized linking to this website is expressly prohibited. Any such use shall be deemed a violation of these Terms and Conditions.

Disclaimer

While Bianca believes in the importance and value of her services, by law, Bianca does not make any claims regarding the effectiveness or quality of these services or products. They are purely for your/the client/recipient information and entertainment purposes only.

All information and insight provided is only a guide and should not replace advice from any industry experts, including but not limited to, medical doctors, psychotherapists, physical therapists.

Bianca recommends that all clients/recipients make their own choices regarding their medical and other care and does not make any claim that this information or anything shared within sessions or products should replace other care or advice.

Accordingly, Bianca individually and biancapaigesmith.com do not offer, provide or imply any guarantees, warrantees or assurances of any kind. They are not responsible for any interpretation, use or actions by the client/recipient based on the information mentioned above. Any advice, conversation or information that you receive from Bianca personally or biancapaigesmith.com is strictly open to your own personal interpretation.

You and you alone are solely responsible for your thoughts and actions. Bianca assumes no responsibility and is not liable in anyway whatsoever for any thought or action you take or fail to take as a result of interaction with a service, product, conversation or any activity with Bianca.

This Agreement may be terminated:

By the written agreement by the Parties;
By written notice of a non-breaching Party (the “Non-breaching Party”), in the event the other Party (the “Breaching Party”) breaches any of its obligations or responsibilities hereunder and fails to cure such breach within two (2) weeks after receipt of notice requesting the breach to be cured from the Non-breaching Party.

Entire Agreement:
This Agreement represents the entire agreement between the parties and the provisions of this Agreement shall supersede all prior oral and written commitments, contracts and understandings with respect to the subject matter of this Agreement. This Agreement may be amended only by mutual written agreement of the party.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives, effective as of the day and year written below.

Your agreement:

If you choose to browse this website and/or book services with me through this website or any other place where I may be available for services, you also agree to this Service Agreement.

Obligations Surviving Termination of this Agreement

All obligations to preserve the Provider’s Confidential Information, Intellectual Property and other warranties and representations set forth herein shall survive the termination of this Agreement.

Waiver of Liability:

I hereby agree to the following:
I am participating in yoga classes, astrology consultations, meditation sessions, health programs, workshops and/or other wellness, bodywork, therapy, exercise, and healing arts activities (collectively, the “Activities”) offered by Bianca Paige Smith (the“Provider”). The Activities may be offered in the physical location of the Provider, a client’s home, outside or offered online by videos, television, podcasts, apps, or other digital media or platforms. All of such offerings, either physical or online, shall be considered “Activities.”

I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that the Provider reserves the right to refuse my participation in any Activity on medical, fitness, or any other grounds.

I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack, or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck, and other injuries as a result of participating in the Activities. I understand my physical and mental limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.

In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities, including those which may result from the negligence of the Provider.

I voluntarily seek services provided by the Provider and am aware that my participation in the Activities could increase my exposure to COVID-19. I agree to assume full responsibility for any risks, symptoms or illness which I might incur as a result of participating in the Activities, including those which may result from the negligence of the Provider. I agree to comply with all current standards and guidelines of the local government, CDC and WHO with regards to COVID-19. I agree to refrain from participation in the Activities and to immediately inform the Provider if I begin to experience symptoms or have been in contact with anyone who has contracted COVID-19.

I voluntarily seek services provided by the Provider and indemnify the Provider for any potential harm I may incur from any guidance or information provided during any session. Any information or guidance provided is strictly open to my own personal interpretation.

In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily, and expressly waive any “Claim” (as defined below) I may have against the Provider and any of Provider employees, independent contractors, teachers, workshop presenters, assistants or staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities even if the Claim arises from the negligence of Released Party or anyone else.

I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of a Released Party or anyone else.

“Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering, and distress, or death that I may suffer, my spouse, children, or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

I, my heirs or legal representatives forever release, waive, discharge, and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of any Released Party.

This agreement shall be construed in accordance with, and governed by, the laws of the State of North Carolina and that all actions, suits, claims, and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Wake County, North Carolina. In case any provision of this agreement shall be held invalid, illegal, or unenforceable, it shall not invalidate any other provision of this agreement, and this agreement shall be construed as if such provision had never been contained herein.

I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators, and assigns may have against any Released Party.

By signing this document I agree to indemnify and hold harmless the Provider from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of the Provider or anyone else.

Media release:

I hereby understand that the Provider from time to time may photograph, video, or otherwise record Activities and place such photographs and videos on its Website, digital or social media platform. I hereby consent to the use of my image that may appear in any such photograph or video.

I hereby understand that the Provider may ask me to provide feedback and testimonials. I acknowledge that I provide my testimonials and feedback voluntarily and with permission.

I hereby consent to the use of my feedback and/or testimonials that may appear on the Provider’s website, digital or social media platform or other platform where the Provider shares her services and/or products.