1. Parties to Agreement

Welcome to Daily Energetics LLC (referred to herein as “Daily Energetics”). In this document,

“we,” “our,” or “us” refer to Daily Energetics LLC. Daily Energetics LLC is a limited liability

company registered in the State of Washington. References to “Member,” “Client,” “I,” “your,”

and “you” refer to you as the purchaser of Daily Energetics’ services.

The following terms and conditions (collectively, these “Terms of Service”) apply to your use of

dailyenergetics.com (the “Website”), the Daily Energetics iOS and Android mobile applications

(the “Apps”) and the online Private Sessions, including any content, functionality and services

offered on or via dailyenergetics.com or the Daily Energetics mobile applications.

Please read the Terms of Service carefully before you start using our Website or Apps, or

engaging our services, because by using our Website, Apps, or engaging our services, you

accept and agree to be bound and abide by these Terms of Service.

Daily Energetics provides energy work services using interactive technologies (use of audio,

video, or other electronic communications) between Daily Energetics and participants who are

not in the same physical location. These services rely on technology, which allows for greater

convenience in service delivery. There are risks in transmitting information over technology that

include, but are not limited to, breaches of confidentiality, theft of personal information, and

disruption of service due to technical difficulties.

Kelsey Eads (“Kelsey”) is a staff member and facilitator for Daily Energetics. Kelsey’s role is to

facilitate positive change with the intention of improving the well-being of Members and Clients

with the services provided by Daily Energetics. Daily Energetics makes no guarantees or

promises as to the outcome of any session. All Members and Clients have different needs, and

no two sessions are the same.

2. Services Rendered by Daily Energetics

A. Memberships. In the Membership, Members can choose to sign up for a

Monthly or Quarterly Membership, each of which begins with a free 3-Day Trial. Every week,

Kelsey Eads guides Members through a variety of scheduled energy work sessions, most of

which are about 10 minutes in length. Members can join live streamed video sessions by

signing up and logging in on the Daily Energetics’ Apps or Website. Members can also watch

and partake in session video recordings found in the Session Library. Membership Sessions are

focused on a wide variety of topics with the intention that most sessions will be useful to most

Members each month. Member areas also include a Community Forum space where

discussions and questions can be posted and commented on.

B. Private Sessions. Daily Energetics provides Private Sessions on an individual

basis. In Private Sessions, Clients who may or may not be a Member, can use the scheduler on

the Website to book a private energy work session with Kelsey. Individuals who may not wish to

join as a Member still have the opportunity to sign-up for one-on-one work sessions with Kelsey.

Members may also sign up for Private Sessions. Private Sessions take place on Zoom using the link provided via email during booking. Kelsey will guide you through a customized and

supportive 1-hour energy work session. Private Sessions will include time for the Client to

discuss specific issues or needs with Kelsey. All energy work, discussion, and feedback

provided within a Private Session is unique to each Client and fully focused on them.

3. Permissions and Understanding of Members and Clients

I give my permission to receive energy work services from Daily Energetics.

I declare that I am at least 18 years of age, or my parent or guardian has provided consent

below before booking a session or joining the Membership.

I understand that energy work is not a substitute for medical treatment. I understand that Daily

Energetics does not diagnose illnesses or injuries or prescribe medications. Daily Energetics

cannot advise me to initiate or discontinue any medical treatment or mental health therapy.

I understand that Kelsey Eads and staff are not medical professionals, nor mental health

professionals. I understand that Kelsey Eads and staff do not portray themselves as such and

do not have training in these fields.

I understand that the experience and results of energy work and visualization can be different

for each recipient. I approach services with Daily Energetics with an open mind and understand

that any specific results are not guaranteed, and my experience and results will be unique to

me.

I understand that it is my responsibility to notify my medical providers prior to using energy work,

and agree to their supervision, if suggested. I will continue to remain under the care of my

medical providers for any medical, emotional, or mental conditions for which I am currently

being treated, or believe I may need treatment for.

I understand that the risks associated with energy work may include, but are not limited to:

feeling a wide range of physical sensations and emotions, and/or feelings of tiredness. I agree

to care for myself to the best of my abilities before, during, and after sessions, and agree to

allow time for rest after sessions, if needed.

I accept complete responsibility for my emotional and physical well-being before, during, and

after sessions.

I agree to never participate in any Daily Energetics session when my attention should be

elsewhere, including but not limited to while operating a vehicle or other machinery.

I understand that Members and Clients can leave or exit any session at any time, and that the

session provider may terminate any session at any time for any reason.

I understand that if a Member wishes to remain private within the Membership, they will not be

visible to other Members if they refrain from participation in live session chats and Community

forum spaces. I understand that the Daily Energetics Membership does not provide a Member

directory visible to other Members.

I understand that sharing information regarding Members, content, or resources from

Membership sessions or group spaces is strictly prohibited. I agree to respect the privacy of

others and participate as a positive member of any Membership sessions and the community

spaces. I agree to be respectful and kind to all Members in Membership spaces.

I agree to not solicit information in Membership spaces as a form of self-promotion. I

understand that I will be removed and blocked from the Membership without a refund if Daily

Energetics finds any comments or actions to be promotional or inappropriate, disrespectful,

hurtful, or harmful to any person including Members, Kelsey Eads, or any staff of Daily

Energetics.

I understand that Membership sessions and spaces may involve seeing comments or posts

from other participants. The Private Sessions, however, are fully confidential and there will be

no comments or posts related to the Private Sessions. I understand that Daily Energetics will

do their best to monitor for appropriateness and will take action when necessary, but

understand that the actions of others are not in control of Daily Energetics and do not represent

Daily Energetics.

I understand that energy work is channeled with intention and will only be received by the

intended recipient(s). Even so, I understand that Membership account sharing is not allowed

and agree to not share login information with others. I understand that Daily Energetics has

technology in place that prevents account sharing, and that Members may have trouble

accessing their own membership if they are already logged in on a certain number of other

devices. I understand that Daily Energetics has the right to cancel any membership without

refund if they believe that account sharing is occurring.

I understand that live Membership sessions may be cancelled at any time and for any reason,

including but not limited to: unexpected personal issues, illness, emergencies, technical issues,

or acts of God. I understand that Daily Energetics will always avoid canceling sessions and will

only do so if necessary. I understand that Members will be informed of a cancellation as early as

possible via email and/or App notification. I understand that cancelled sessions will be replaced

with a recorded video session or rescheduled at the discretion of Daily Energetics.

4. Intellectual Property Rights and Use Guidelines

The Website, Apps, and their original content, features and functionality, are owned by Daily

Energetics and are protected by United States and international copyright, trademark, patent,

trade secret and other intellectual property or proprietary rights laws. You agree not to copy,

modify, create derivative works of, publicly display, publicly perform, republish, any of our

copyrighted material, except to the extent permitted by the Website or Apps themselves. If you

have doubts about whether and how to use material on the Website or Apps, please contact us

through the Website.

5. Limited Liability

Except as expressly provided in this Agreement, we make no guarantees, representations or

warranties of any kind or nature, express or implied with respect to our services negotiated,

agreed upon and rendered. In no event shall we be liable to you for any indirect, consequential

or special damages. Notwithstanding any damages that you may incur, our entire liability under

this Agreement, and your exclusive remedy, shall be limited to the amount actually paid by you

to us under this Agreement for all services rendered through and including the termination date.

I understand that I am agreeing to all terms and statements above. I release and hold harmless

Daily Energetics, Kelsey Eads, and all Daily Energetics staff from all liability with my

participation in member sessions, Private Sessions, and in the Membership.

6. Disclaimer

Your use of our services is at your sole risk. The services are provided on an "AS IS" & "AS

AVAILABLE" basis. The services are provided without warranties of any kind, whether express

or implied, including, but not limited to, implied warranties of merchantability, fitness for a

particular purpose, non-infringement, or course of performance. Daily Energetics does not

warrant that a) the services will function uninterrupted, secure, or available at any particular time

or location; b) any errors or defects will be corrected; c) the services are free of viruses or other

harmful components; or d) the results of using the services will meet your requirements.

7. Refund Policy

I understand that Private Sessions may be cancelled or reschedule by the Client without penalty

if done more than 24 hours prior to its scheduled time. I understand that if a Client cancels a

Private Session less than 24 hours prior its scheduled time, a $50 Late Cancellation Fee will be

retained from the Client’s refund.

I understand that Private Sessions may be cancelled by Daily Energetics at any time and for

any reason, including but not limited to: unexpected personal issues, illness, emergencies,

technical issues, or acts of God. I understand that Daily Energetics will always avoid canceling

Private Sessions and will only do so if necessary. I understand that the Client will be informed of

a cancellation as early as possible. I understand that Private Sessions cancelled by Daily

Energetics will be either rescheduled or refunded in full after the Client and Daily Energetics

have discussed how the Client would like to proceed.

I understand that no Membership refunds will be provided. I understand that after a free 3-day

Membership trial, Members will be charged the Monthly or Quarterly rate that they selected until

cancelled. I understand that Members can cancel a paid Membership at any time and

understand that if a Member cancels a paid Membership, it will not be refunded and the

Membership will continue until the paid term is complete. I understand that if a promotion is run

where a rate offered is lower than what a Member is currently paying, that Member would have

to cancel their current Membership, subject to the terms above, in order to sign up at the

promotional rate, if time constraints allow.

I understand that if a Member is removed from the Membership due to comments or actions

found by Daily Energetics to be promotional, inappropriate, disrespectful, hurtful, or harmful to

any person including Members, Kelsey Eads, or any staff of Daily Energetics, they are not

entitled to a refund and will not be allowed to re-enter the Membership in the future unless

discussed with and approved of by Daily Energetics.

8. Assignment

You may not assign or transfer your rights and obligations under these Terms of Service without

our prior written consent. We may assign our rights and obligations under these Terms of

Service in our sole discretion, without your consent, and without notice.

9. Changes to the Terms of Service and the Website and Apps

We reserve the right to update the Website and Apps and these Terms of Service from time to

time, at our discretion. We will make sure to announce any major change in a prominent way,

but since “major” is a very subjective concept, you can always monitor changes to this page.

Your continued use of the Website, Apps, or engagement of our services following the

publishing of updated Terms of Service means that you accept and agree to the changes.

10. Dispute Resolution

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the

Member and Daily Energetics agree to attempt to mediate in good faith for up to 30 days after

notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing

party shall be entitled to recover attorney’s fees and court costs from the other party.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be

governed by and construed in accordance with the internal laws of the State of Washington

without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the

Website or Apps shall be instituted exclusively in the courts of the State of Washington.

12. Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not

constitute a waiver of such right or provision. The Terms of Service constitute the entire

agreement between you and Daily Energetics and govern your use of the service, superseding

any prior agreements (including, but not limited to, any prior versions of the Terms of Service).

If any provision of these Terms of Service is held by a court of competent jurisdiction to be

invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to

the minimum extent such that the remaining provisions of the Terms of Service will apply.

13. Binding Effect

This Agreement shall be binding upon the parties hereto and their respective successors and

permissible assigns. I, along with my heirs, guardians, and legal representatives, hereby and

forever release, waive, and discharge any claims against Daily Energetics, Kelsey Eads, and

Daily Energetics’ staff, and/or any of their associates or affiliates. I take full responsibility and

am responsible for all liability for loss or injury incurred while in association with or applying

techniques and information learned from Daily Energetics.

14. Confirmation of Agreement by Member

I have carefully read this agreement and fully understand its content. I am aware that this is a

waiver and release of potential liability and a contract between Daily Energetics and myself. I

understand that this contract is binding and acknowledge that I am signing this of my own free

will. In signing this document, I agree that Daily Energetics may work with me in any of the

above-described manners. Daily Energetics makes no promises other than those outlined

herein.

By proceeding, I certify that I am submitting an electronic signature to Daily Energetics and

providing an electronic signature to this Terms of Services. If signing for a minor, I am providing

my parental/guardian consent.