The Somatic Studio Service Offering Agreement
On behalf of Maria Victoria Albina (Victoria Albina, Nurse Practitioner in Family Medicine, PLLC, d/b/a Victoria Albina, FNP, PLLC) (the “Company”), we are excited that you’re registering for The Somatic Studio’s 12 week course (the “Course”) and by completing payment you agree to the following:
Course Participant Services Agreement
This Client/Course Service Agreement (“Agreement”) is entered into and effective as of the date of electronic acceptance, by and between ("Client") and Victoria Albina, FNP, PLLC dba Victoria Albina Health & Wellness ("Company"). The Client's acceptance of the Agreement is signified by completing payment via the Company’s website.
In consideration of Client retaining Company to perform specific type of educational/life coaching services as part of the name of the program program, it is agreed as follows:
1. Scope of Services
Client hereby retains Company to provide an educational program with virtual self-guided study in a training course that will educate Client about their nervous system and movement-based modalities along with sessions of group life coaching within the context of a 3-month group course, extendable as participation in the Alumni Program, a continuation of the Program (“Services”). The Services shall be delivered via email/online video calls/online chats/a website platform/private podcasts and shall include the following:
Optional client participation in group coaching calls via "zoom" or similar video. communication platforms and online coaching via the "Slack" app or a similar web-based application.
Reasonable text support within a week of posting questions.
Audio lessons and worksheets via course online portal or email or similar.
It is the client's responsibility to complete the weekly lessons, to ask questions and for coaching as desired and to submit requests for live coaching and to practice the modalities taught in the program.
The Somatic Studio is an introductory educational course. It is not individual or group therapy nor is it medical care. While individual results will vary, those who benefit from the Program are typically those who consistently engage with the lessons and integrate the learning and practice into their everyday life. The majority of the lessons are based on materials from Anchored, a comprehensive 6-month program offered by the Company.
2. Compensation
(a) Compensation: In consideration for the Services provided by Company to Client, Client agrees to pay Company the fee consistent with the payment plan chosen by the Client, as indicated on the Company website where the Client has enrolled in the program.
(a) All payments shall be made via credit card. Company’s obligation to render services hereunder is conditioned upon Client’s payment of said fee on a timely basis.
(b) All payments are non-refundable.
(c) Tools to be Provided by Client: Client agrees to provide all tools, information and documentation that may be required by Company to effectively perform said responsibilities in connection with the performance of services.
(d) Additional Client Duties: Client’s active participation in the creative coaching process is vital to the success of the program. Client is expected to complete any assignments to the best of Client’s abilities. Client agrees to communicate honestly and respectfully throughout the coaching process.
4. Term
The term of this original Agreement shall be for a minimum of three (3) months from date of electronic acceptance of contract, or through the end of the course period whichever comes later, extendable as one-on-one coaching by mutual agreement. NOTE: all course materials must be downloaded, if desired, no later than 30 days after the completion of this 3-month course.
5. Cancellation
Client may terminate this agreement and discontinue use of the services at any time by providing notice in writing, but no portion of payments will be returned. Client remains responsible for any outstanding payments in spite of termination to complete the full fee amount as agreed upon. Company may cancel this Agreement at any time for any reason by providing written notice to Client. Should the client terminate this agreement before the completion of the 6-month program, that shall render the Money-back Guarantee null and void as the Client will not be completing the program in its entirety, as stipulated above. In the event that Company cancels this Agreement, Company will provide a prorated refund of the fees collected for which services have not been rendered minus any approved, unpaid expenses incurred on Client’s behalf.
6. Confidentiality
(a) During the term of this agreement Company takes reasonable steps to maintain the confidentiality of your information. However, there is an inherent risk in all forms of electronic communication, and communications between you and Company may be unlawfully intercepted by third parties not under our control. Company does not guarantee the security of any information transmitted via the Internet, telephone, fax or text message. Any efforts you undertake to communicate with Company are done at your own risk.
(b) All sessions will be recorded by Victoria Albina Wellness, PPLC, and will be shared with the class as a whole via the course website or online community portal, and may be used in whatever way the Company chooses including in promotional or other materials.
(c) The Client understands that the Company does not have control over 3rd party service providers, namely Zoom, Slack, Kajabi and Google Gmail, etc. and the Company will take every measure to use the most secure platforms possible using the most updated security measures available with these 3rd party platforms and the Company is not responsible for any breaches on the part of these 3rd parties.
7. No Guarantees
Company cannot guarantee the outcome of the Services and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the services described in Paragraph 1(a) shall be provided to Client in accordance with the terms of this agreement. Client acknowledges that Company cannot guarantee any results for the Services as such outcomes are based on subjective factors that cannot be controlled by Company. Client understands that a life coach is not a licensed medical or mental health professional, and coaching services are not a substitute for medical or psychological treatment or advice and that this is not a trauma treatment program. Maria Victoria Albina cannot and will not diagnose illnesses nor prescribe medication as part of this coaching relationship.
8. Ownership of Intellectual Property Rights
All material and information provided by the Company as part of the Service is proprietary and comprises intellectual property owned solely by Company. Company maintains exclusive, worldwide right, title, interest, ownership and all subsidiary rights, including all rights accruing to Company under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, services, techniques, marketing ideas, and commercial strategies, that have been or will be created by Company (“the Work”), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. Client does not have permission to use, reproduce, distribute or create derivative works based on the Work.
9. Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
10. Entire Agreement; Modification; Waiver
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
11. Neutral Construction
This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by him or her; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
12. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
13. Assignment
This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement, except to a wholly owned subsidiary corporation of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under this Agreement.
14. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
15. Limitation of Liability
(a) IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL A PARTY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 15 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPH 6.[1]
16. Jurisdiction of Disputes; Mediation
Any disputes based on or arising out of this Agreement or its subject matter, whether based on contract, tort or other legal theory, shall be heard and determined by a judge of the State of New York, County of Ulster. The parties acknowledge that disputes brought before the Court may be referred to mediation prior to trial. Both parties agree to participate in mediation proceedings if recommended by the court.
17. Notices
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day of electronic mailing to the email addresses below:
To Client at: email address on file with Company (to be the email address Client uses when booking this service)
To Company at: info@victoriaalbina.com
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above.
18. Governing Law; Venue
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York. The exclusive venue for any action, arbitration or other proceeding based on or arising out of this Agreement shall be New York.
19. Severability
If any term, provision, covenant, or condition of this Agreement is held by a an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
21. Signatures
Acceptance of the Agreement shall be signified by the Company's signature below and by the Client's acceptance of the Agreement, which is signified by signing in the box below the text of this Agreement which says preceding it, below, "I accept these terms and agree to pay all related invoices as they fall due".
Informed Consent for Life Coaching
I acknowledge that Victoria Albina, FNP, PLLC, a New York professional limited liability company, its owners, agents, or employees (“Albina”) will provide “life coaching” or “health coaching” services ("Coaching" or “Coaching Services”).
I further acknowledge that:
The Coaching Services and their risks and benefits have been explained to me.
The Coaching Services may not have the result that I expect, and I have been informed as to other possible services that may provide me a benefit;
Coaching is not an exact science, and I have not been given any guarantees about the result of Coaching;
I have had ample opportunity and time to discuss my concerns with Albina along with my mental health care and physical healthcare provider team, and all of my questions have been answered to my satisfaction;
I will not be provided any services of any kind relating to diagnosing and treating human responses to actual or potential health problems;
Coaching is not a replacement or substitute for psychological services rendered by a licensed mental health provider;
Albina is not a licensed mental health care provider and does not claim to be one, and is providing services as a Life Coach;
Anchored is not a trauma recovery or treatment program and issues related to trauma should be addressed through psychological services rendered by a licensed mental health provider;
Albina will not be practicing medicine as part of my Coaching care, though she may educate me about health and wellness topics;
I will not be prescribed any drug or medication;
The Coaching Services may be provided remotely, including by phone, email, fax, zoom, Slack and other internet-based means of communication.
I will maintain a primary care provider who will attend to my routine and urgent health care needs.
I will maintain a licensed mental health provider, where applicable, who will attend to my routine and urgent mental health care needs.
As Albina will not be providing medical care as a life coach, insurance superbills will not be available for coaching services, though receipts may be requested in writing to info@victoriaalbina.com
Breathwork
Breathwork Meditation may be offered as part of this program and is optional, not mandated or encouraged. Client has read and understands the following contraindications to Breathwork Meditation and their signature below confirms that Client will not participate in group or on-on-one Breathwork Meditation if these contraindications apply and will discontinue this practice should they experience any adverse or uncomfortable effects during the practice.
These contraindications include but are not limited to: pregnancy, cardiovascular problems, high blood pressure, psychiatric conditions such as those resulting in hospitalization, schizophrenia or psychosis, recent surgery, acute infectious illness or epilepsy.
Client’s signature confirms their understanding that Breathwork Meditation is NOT a form of healthcare, healing, curing or other medical or psychological care, it is a breathing and meditation exercise with the goal of reducing stress and is not anything beyond that.
Client will discuss the practice of Breathwork Meditation with their healthcare provider team, including mental health care team where applicable, before engaging in this practice, or any other somatic, coaching or other modality taught or shared during this program.
Coaching is Not a Licensed Professional Service
I acknowledge that, although the owner of Albina is a licensed nurse practitioner, the Coaching Services do not constitute the practice of nursing or any other service for which a state licensure is required, including the practice of medicine, psychiatry, social work, nutrition/dietician, or mental health counseling. Albina’s Coaching Services are based upon its owner’s, agent’s, or employee’s proficiency in and knowledge of how to help clients make decisions, set and reach goals, and deal with problems.
Nothing in this policy is intended to limit the ability of Albina to employ appropriate and lawful nurse practitioner techniques that its owners, agents, or employees are educated and licensed to perform. Conversely, nothing in this policy is intended to expand the scope of practice for any activity, treatment, or consultation for which Albina, its owners, agents, or employees are unlicensed, unqualified, or not lawfully permitted to engage.
Informed Consent for Coaching Services
By completing payment for the Somatic Studio Course I acknowledge that I understand this policy and hereby give my informed consent to receive Albina’s Coaching Services and to be bound by the above. This consent shall be governed by and construed in accordance with New York law. I state my agreement to and understanding of all of the above. I accept these terms and agree to pay all related invoices as they fall due.