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Contract & Agreement for Private Sessions

*by signing up for a session with Jessica, you are stating that you have reviewed and legally agree to the following terms, conditions and disclaimers**

 

Modernally Balanced LLC / DISCLAIMER

Please read this Disclaimer carefully and in its entirety before registering for a session with Jessica.

Definitions

 • “Company”, “We”, “I”, “Our”, or “Us” means Modernally Balanced LLC /  and modernallybalanced.com.

 • “Purchase”, “Purchased”, “Purchasing”, “Downloading” or “Download” means any Services you paid for and/or participate in.

 • “Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a single person, or to identify an individual in context. For example, personal information includes your name, address, email address, telephone number, etc.

 • “You” or “Your” means the user, customer, or viewer of the Site.

 

Disclaimer

The Services are intended for informational & educational purposes only and are not intended as professional medical advice by us. By accessing and using the Services such use shall constitute your agreement that the Services are not professional medical and/or financial advice and shall not be relied upon by you as such.

You should ALWAYS consult with your physician or another medical professional first before implementing any of our advice, information, or suggestions. You should always consult with a physician or medical professional (not us) before implementing any changes to your diet, medication, lifestyle, exercise regimen, supplement regimen, or health practices. Please only implement any and all changes after consulting with your physician and assessing your own risk.

 

Energy Healing + Intuitive Guidance Client Consent & Release Form 

This Agreement is made effective as of your selected purchase date by and between Modernally Balanced LLC (hereinafter referred to as the “Coach”) and yourself (hereinafter referred to as the “Client”). The Client and the Coach will collectively be referred to herein as the “Parties.”

The Parties hereby agree to the following:

  1. Services: The Session as Outlined on the Calendly Booking Page
  2. Support: Reminder emails will be sent prior to scheduled sessions. The link to each session will be provided. Follow up sessions can be scheduled through the Calendly link and Jessica Erceg. 

Payment

The Client will pay the Investment as outlined on the booking page, up front and in full.

Refund Policy 

The Coach will do everything within her ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds will not be issued for coaching services already conducted, or those that have a limited number of participants. If, for any reason, the Coach is unable to fulfill her obligations to the Client, the Client will be refunded in full for any part of the Program paid but not yet rendered. 

Client Commitments

The Client agrees to the following as part of the Program:

  1. The Client shall participate fully in the Sessions, and any other part of the program, to the best of his/her ability.
  2. The Client shall immediately inform the Coach of any issues or difficulties he/she may have with the Program. 
  3. The Client shall complete payment of the Investment according to the Terms herein. 

Coach Commitments

The Coach agrees to the following as part of the Program:

  1. The Coach shall participate fully and intently in the Coaching Calls, and any other part of the program, to the best of her ability.
  2. The Coach will support the Client to the best of her abilities in accordance with Section I of this Agreement.
  3. The Coach will not use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to the third party about the Client that connects the client’s name for information. The Coach will not divulge that the Parties are in a coaching relationship without your express permission. The Client understands that the Coach may share a story related to the Client, without divulging their name or any intimate details, on a podcast or other platform. The Client also understands that the Coach may post a screenshot of a testimonial after the session in a public place, without the Client’s name or photo attached unless the Client has given permission. 
  4. The coach agrees to conduct the Sessions by Zoom.  

Disclaimer

The Client understands that the Coach is an Energy Healing Practitioner & Intuitive and understands that the Energy Healing session given involves a natural “hands-on” method of energy balancing for the purposes of stress reduction and relaxation.  I understand that an Energy Healing session / intuitive reading is not a State-sponsored form of alternative therapy. I understand very clearly that an Energy healing session / intuitive reading is not a substitute for or meant to be taken as medical or psychological diagnosis, advice, or treatment, nor is it a substitute for or meant to be taken as financial advice. 

I understand that Jessica Erceg does not diagnose conditions, nor does she prescribe substances (medications), prescribe or perform medical treatments, or interfere with the treatment of a licensed medical professional. It is recommended that I see my licensed Primary Care Provider for any physical or psychological ailments I have prior to receiving Energy Healing. I understand The Coach is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with his/her physician before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to his/her diet, exercise regimen, supplements, medications, or lifestyle with his/her physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to his/her lifestyle.  The Client understands that the Coach is not a medical professional. 

Further, the Coach has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her life.

I understand that for those seeking treatment who are under the age of consent, the Energy Healing practitioner requires their parent or guardian to attend all sessions, remaining in the treatment room, and to sign this form for them as their guardian. 

I understand that payment of fees (monetary, trade, barter, or any other exchange) for services rendered is an acknowledgement of my satisfaction with the services provided, and hereby release my Energy Healing Practitioner and her business, Jessica Erceg & Modernally Balanced LLC /from any liability in regards to any unforeseen adverse effects resulting from my Energy Healing treatment. I understand that Jessica Erceg cannot guarantee any results from sessions. I take full responsibility for any side effects from the sessions.

 

Cancellation / rescheduling policy: 

I aim to provide my clients with the highest quality service and pride myself on exceptional work. If you should cancel or reschedule an appointment within 48 hours (business days) of your scheduled appointment, I not only lose your business, but also the potential business of other clients who may have taken your scheduled appointment time. 

As such, you will be charged and responsible for the full service fee for appointments that are rescheduled or canceled with less than 48 hours notice. Payment must be made in full prior to booking our appointment in order to reserve your space in my schedule.

Limitation of Liability:

Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

 Indemnification

Client agrees to indemnify and hold harmless the Coach, Jessica Erceg, & Modernally Balanced LLC  and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Modernally Balanced LLC /Jessica Erceg or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.

ARBITRATION

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Florida. The arbitration hearing shall be held in the state of Florida. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Coach.

Entire Agreement

This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.

Severability

The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

 

BY BOOKING A SESSION, I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE. Having understood all of the above, I give my consent to Jessica Erceg, a Certified Energy Healing Practitioner, for services.

 

Please read this Privacy Policy carefully before using this website.

PRIVACY POLICY CONSENT

The website and its content is owned by Modernally Balanced, LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of modernallybalanced.com (“Website”).

This Privacy Policy describes how we collect, use, process and distribute your information, including Personal Data (as defined below) used to access this Website. We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Website shall be limited to the purposes under this Privacy Policy and our Terms of Use for customers.

Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. In the event of a material change, we will let you know via email and / or a prominent notice on our Website.

Use of any personal information or contribution that you provide to us, or which is collected by us on or through our Website or its content is governed by this Privacy Policy.  By using our Website or its content, you consent to this Privacy Policy, whether or not you have read it.

INFORMATION WE MAY COLLECT

We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content.  We will only collect the minimum amount of information necessary for us to fulfill our obligation to you. We may collect:

  1. A name and an email address so we can deliver our newsletter to you – you would be affirmatively consenting to this by providing this to us in our contact forms.
  2. Billing information including name, address and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation.
  3. A name and an email address if you complete our contact form and/or email opt-in. We may send you marketing emails with either your consent or if we believe we have a legitimate interest to contact you based on your contact or question.
  4. Information from you from a co-branded offer.  In this case, we will make clear as to who is collecting the information and whose privacy policy applies. If both / all parties are retaining the information you provide, this will also be made clear as will links to all privacy policies.

Please note that the information above (“Personal Data”) that you are giving to us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at [email protected]

If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website or content.

OTHER INFORMATION WE MAY COLLECT:

Anonymous Data Collection and Use

To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.

Use of “Cookies”

We may use the standard “cookies” feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended.

WHAT WE DO WITH INFORMATION WE COLLECT

Contact You

We may contact you with information that you provide to us based on these lawful grounds for processing:

  1. We may contact you if you give us your clear, unambiguous, affirmative consent to contact you.
  2. We will contact you under our contractual obligation to deliver goods or services you purchase from us.
  3. Legitimate Interest. We may contact you if we feel you have a legitimate interest in hearing from us.  For example, if you sign up for a webinar, we may send you marketing emails based on the content of that webinar.  You will always have the option to opt out of any of our emails.

Process Payments

We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services under a contract. We only use third party payment processors that take the utmost care in securing data and comply with the GDPR.

Targeted Social Media Advertisements

We may use the data you provide to us to run social media advertisements and / or create look-alike audiences for advertisements.

Share with Third Parties

We may share your information with trusted third parties such as our newsletter provider in order to contact you via email, our merchant accounts to process payments, and Google / social media accounts in order to run advertisements and our affiliates.

Viewing by Others

Note that whenever you voluntarily make your Personal Data available for viewing by others online through this Website or its content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share (i.e., sharing a comment on a blog post, posting in a Facebook group that we manage, sharing details on a group coaching call, etc.).

Submission, Storage, Sharing and Transferring of Personal Data

Personal Data that you provide to us is stored internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage or store that information, or who have a legitimate need to know such Personal Data (i.e., our hosting provider, newsletter provider, payment processors or team members).

It is important to note that we may transfer data internationally. For users in the European Union, please be aware that we transfer Personal Data outside of the European Union. By using our Website and providing us with your Personal Data, you consent to these transfers in accordance with this Privacy Policy.

Data Retention

We retain your Personal Data for the minimum amount of time necessary to provide you with the information and / or services that you requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual and accounting obligations.

Confidentiality

We aim to keep the Personal Data that you share with us confidential. Please note that we may disclose such information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us.

Passwords

To use certain features of the Website or its content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk.

You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.

We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

HOW YOU CAN ACCESS, UPDATE OR DELETE YOUR PERSONAL DATA

You have the right to:

  1. Request information about how your Personal Data is being used and request a copy of what Personal Data we use.
  2. Restrict processing if you think the Personal Data is not accurate, unlawful, or no longer needed.
  3. Rectify or erase Personal Data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”).
  4. Withdraw your consent at any time to the processing of your Personal Data.
  5. Lodge a complaint with a supervisory authority if you feel we are using your Personal Data unlawfully.
  6. Receive Personal Data portability and transference to another controller without our hinderance.
  7. Object to our use of your Personal Data.
  8. Not be subject to an automated decision based solely on automatic processing, including profiling, which legally or significantly affects you.

Unsubscribe

You may unsubscribe from our e-newsletters or updates at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at [email protected]

Security

We take commercially reasonable steps to protect the Personal Data you provide to us from misuse, disclosure or unauthorized access. We only share your Personal Data with trusted third parties who use the same level of care in processing your Personal Data.  That being said, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches. Should there be a data breach of which we are aware, we will inform you immediately.

Anti-Spam Policy

We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.

Third Party Websites

We may link to other websites on our Website. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Data.

Children’s Online Privacy Protection Act Compliance

We do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its content is directed to individuals who are at least 18 years old or older.

Notification of Changes

We may use your Personal Data, such as your contact information, to inform you of changes to the Website or its content, or, if requested, to send you additional information about us. We reserve the right, at our sole discretion, to change, modify or otherwise alter our Website, its content and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy.  Please review this Privacy Policy periodically. Continued use of any of information obtained through or on the Website or its content following the posting of changes and/or modifications constituted acceptance of the revised Privacy Policy. Should there be a material change to our Privacy Policy, we will contact you via email or by a prominent note on our Website.

Data Controller and Processors

We are the data controllers as we are collecting and using your Personal Data.  We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR- compliant.

If you have any questions about this Privacy Policy, please contact us at:

Modernally Balanced, LLC

[email protected]

Last Updated: May 2023