T&P

General Terms & Policies

For specific intake forms please see links. 

Elevation Through Inspiration

Merkaba Yoga

Note: Hypnotist/Hypnotherapist/Practitioner/Coach/Yoga Teacher are used interchangeably in the following statements.

I have been advised by Michaela Drageset, C.Ht. E-RYT 500, YACEP the scope of hypnosis/hypnotherapy and/or yoga practice and education. I understand the results vary and that the above named practitioner may not guarantee results. Hypnosis/Hypnotherapy and Yoga is not a replacement for medical treatment, psychological or psychiatric services or counseling. 

I understand that the Practitioner does not treat, prescribe for or diagnose any condition. I understand that the practitioner is a facilitator of hypnosis, hypnotherapy and yoga and is not practicing any other profession that requires a license under the laws of the State of California. I an aware and understand that in some cases it may be necessary for the practitioner to respectfully touch me in order to help me establish a beneficial state of hypnosis or alignment in a yoga pose.

I have been advised that I am free to terminate any or all sessions at any time. I have agreed to participate in each session to the best of my ability. I have accurately provided background information as requested by the practitioner. I understand that confidentiality regarding my sessions will be honored between Michaela Drageset and myself. This same confidentiality is respected when working with minors under the age of eighteen. 

Some sessions may be recorded but will be kept confidential except in the following circumstances: You grant me specific permission to release information to a specific individual or agency through writing; child abuse; you are in imminent danger to self or others; or in the case of the subpoena of records. Any information shared is kept confidential. From time to time, I also consult with other colleagues, but in this circumstance clients are not identified by name. 

The charge for Hypnotherapy/Coaching is per hour or goal whichever is first. Yoga Session may vary on the type of yoga. Payment is due at the conclusion of each session. If it is an online/phone session it will be charged through website, paypal, or square. There is a 48 hour cancellation policy. 

ARTIST LICENSING AGREEMENT

This Artist Licensing Agreement (the “AGREEMENT”) is entered into effective when using this website or art thereafter. All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.

Scope of this Agreement. This Agreement applies to any image, graphics, digital assets, or digital images, videos, music or pieces of art created, taken or made by Artist and delivered to the Client (collectively known as “IMAGES”). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.

Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Images only for the agreed upon terms as set forth in the Client Invoice and signed by both parties. Images used for any purpose not directly related outside of those terms must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing. Images may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Artist for any penalties and awards available under that statute.

Relationship of the Parties: The parties agree that Artist is an independent contractor and that neither Artist nor Artist’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Images or any other deliverables prepared by Artist shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

Creation: The manner and method of creating any Image is solely at the discretion of Artist and the Client has no right to control Artist’s manner and method of performance under this Agreement. Artist will use his/her best efforts to: (a) ensure that the Images conform to Client’s specifications; and (b) submit all Images to Client in publishable quality, on or before the applicable deadlines.

Delivery: Artist may select delivery of products in a format agreed upon by purchase. If shipping is needed, it will be shipped within 5 business days of purchase and if an online product is ordered it will be delivered to provided email with in 3 days of order. Artist has no obligation to retain or archive any Images delivered to Client.

Fees: All fees and expenses payable under this agreement are required no later than time of purchase.

Cancellation: If art is commissioned than there is a 30 day cancellation window to the due date. If it is a prior-made piece of art than you have 3 days from when you placed the order. Artist must be notified via website/email in written format. 

No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Artist, and Artist shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by Artist.

Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.

Indemnification: Client will indemnify and defend Artist against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Images or materials furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.

General Law/Arbitration: This Agreement sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of California. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in Orange County, California, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.

Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.

Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.