Terms & Conditions
ET SHIPLEY SERVICE AGREEMENT
This Contract ("Contract") is made effective as of today by and between ET SHIPLEY, and the individual ("Client”) receiving services (collectively, the "Services”) from ET SHIPLEY.
1. DESCRIPTION OF SERVICES. ET SHIPLEY will provide to Client the following Services: Astrological Natal Chart, Transit and timing progressions and/or consulting services.
2. PAYMENT. The fees associated with the services provided by ET SHIPLEY to Client are due upon booking.
In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, ET SHIPLEY has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
3. CANCELLATIONS AND RESCHEDULING. Cancellations and changes must be made at least 48hrs prior to the scheduled appointment.
4. TERM OF SERVICES. This Contract will terminate automatically upon completion by ET SHIPLEY of the Services required by this Contract.
5. TERMINATION. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 0 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
6. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
7. INDEMNIFICATION. ET SHIPLEY shall indemnify and hold the Client and its affiliates harmless for any and all damages, losses, expenses, claims, liabilities, and judgments that may arise from the result of the ET SHIPLEY’s own misconduct or negligence.
The Client shall indemnify and hold the ET SHIPLEY as well as any associates of ET SHIPLEY harmless from any and all claims, losses, expenses, liabilities, or fees that may occur from the Client's negligence or breach of this agreement.
8. CONFIDENTIALITY. ET SHIPLEY, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of ET SHIPLEY, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. ET SHIPLEY and its, contractors, employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
9. COMMUNICATIONS. Business hours for ET SHIPLEY are not fixed and dependent on scheduling availability. Any inquiries shall be made to ET SHIPLEY by e-mail. Please allow up to 72 hours for a response to an inquiry. If the Client must cancel or change an existing appointment within 48hrs of the scheduled appointment, the Client must contact ET SHIPLEY by email.
10. AMENDMENT. This Contract may be modified or amended if the amendment is made in writing and signed by both parties.
11. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
12. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
13. WAIVER OF LIABILITY. Client expressly agrees and contracts, on behalf of self, Client’s heirs, executors, administrators, successors and assigns, that ET SHIPLEY and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by Client, on, or about the premises, or as a result of the use of any equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of ET SHIPLEY.
14. RIGHT TO REFUSE SERVICE. ET SHIPLEY reserves the right to refuse service to anyone at any time. Verbal, physical, written or other abuse including offensive behavior or sexual advances (including threats of abuse or retribution) of any ET SHIPLEY contractor, employee, member, or officer will result in immediate account/service termination without notice.
15. DISCLAIMER – NO PROFESSIONAL ADVICE. Information from ET SHIPLEY or its affiliates or their employees or contractors, including, but not limited to, the readers, is not intended to be a substitute for any professional advice, including, but not limited to, (a) professional medical advice, diagnosis, or treatment, (b) professional financial or investment advice or guidance, or (c) professional legal advice. Never disregard or delay seeking professional medical advice or other professional advice because information received through ET SHIPLEY’s Services. ET SHIPLEY is not engaged in the practice of medicine or law and does not recommend or endorse any specific products, procedures, treatments, medications, opinions, or other information that may be mentioned, discussed, or described through ET SHIPLEY’s Services. ET SHIPLEY is not engaged in the business of providing financial or investment advice and its employees and contractors are not registered financial advisors. Your reliance on the information provided by ET SHIPLEY is solely at your own election or choice. Any and all decisions that you make that are based in whole or in part upon information provided by the ET SHIPLEY, its employees, its contractors, or its sponsors, will be your sole and exclusive responsibility.
16. APPLICABLE LAW. This Contract shall be governed by the laws of the State of California.