This Terms of Service and Client Agreement ("Agreement") constitutes a legally binding contract entered into by and between the undersigned client ("Client") and Bluegrass Mystic Company, a business owned and operated by Chasity Phelps (collectively, the "Owner"), located in Bowling Green, Kentucky. By booking an appointment, remitting payment, purchasing goods, or otherwise engaging the Owner's services, the Client expressly agrees to be bound by the terms and conditions set forth herein.

1. Eligibility and Capacity

The Client represents and warrants that they are at least eighteen (18) years of age and possess the legal capacity to enter into this Agreement. Due to strict liability limitations regarding exculpatory agreements under Kentucky common law, no individual under the age of eighteen (18) may book an appointment, purchase goods, or receive services from the Owner under any circumstances.

2. Scope of Services and Entertainment Disclaimer

The Owner provides intuitive Tarot readings and Traditional Japanese Reiki (Jikiden Reiki Shoden) sessions.

• 2.1 Tarot Services: In accordance with applicable laws, all Tarot readings and related spiritual consultations are provided strictly for entertainment purposes. The Owner is not a licensed attorney, financial advisor, or fiduciary. The Owner shall not provide legal, financial, or professional advisement of any kind.

• 2.2 Reiki Services: Reiki is a complementary energetic modality. The Owner holds a Level 1 Jikiden Reiki Shoden certification. The Owner is not a physician, mental health professional, or licensed massage therapist, and services provided do not fall under the scope of such licensed practices.

3. Medical and Psychological Disclaimer

Services provided by the Owner are not substitutes for professional medical, psychological, or psychiatric care. The Owner shall not diagnose, treat, cure, or prevent any physical or mental condition. The Owner shall not prescribe medication or act as a primary care provider. The Client is solely responsible for seeking licensed medical care for any health concerns.

4. Professional Conduct and Assumption of Risk

• 4.1 Assumption of Risk: The Client acknowledges that intuitive and energetic services are subjective. The Client assumes full responsibility for all actions, decisions, and outcomes resulting from the services.

• 4.2 Scope of Inquiry: The Owner's services are strictly limited to the individual Client executing this Agreement. The Owner shall not conduct readings or assessments regarding any third party who has not provided explicit prior consent to the Owner.

• 4.3 Appropriate Touch and Attire: All Reiki sessions are strictly non-sexual and fully clothed. Physical contact is limited to light, consented touch or hovering over specific areas of the body.

• 4.4 Prohibited Conduct: The Owner maintains a zero-tolerance policy for sexual harassment, suggestive remarks, intentional exposure, or boundary violations. In the event of such conduct, the Owner reserves the right to immediately terminate the session without refund, permanently ban the Client from future services, and contact local law enforcement.

• 4.5 Right to Refuse Service: The Owner reserves the unconditional right to refuse service, decline bookings, or terminate sessions at any time for any non-discriminatory reason, without obligation to provide justification, to protect the safety, schedule, and operational integrity of the business.

5. Premises Liability and Environmental Waivers

• 5.1 Independent Operation: Bluegrass Mystic Company operates as an independent entity leasing commercial space within Phenix Salon Suites. The Client agrees that the Owner is not liable for any incidents, accidents, trips, or falls occurring within the building's common areas or the Owner's specific suite.

• 5.2 Allergies and Sensitivities: The Owner's premises frequently contain essential oils, incense, live houseplants, botanical materials, food allergens, and etc. The Client assumes all risk and liability for any allergic reactions or sensitivities experienced as a result of entering the premises.

• 5.3 Communicable Disease Waiver: The Client acknowledges the inherent risks of communicable diseases associated with in-person services. The Client voluntarily assumes all risks related to exposure to illnesses, including but not limited to influenza and COVID-19, and releases the Owner from any liability related thereto.

• 5.4 Abandoned Property: Any personal belongings left on the premises, or physical goods purchased for local pickup but not retrieved within thirty (30) days, shall be deemed abandoned. The Owner reserves the right to dispose of, donate, or resell such items without notice or refund to the Client.

6. Confidentiality and Mandatory Reporting

All information disclosed by the Client during a session shall be kept confidential by the Owner, except where disclosure is required by law. The Owner reserves the right to breach confidentiality and contact appropriate authorities if the Owner reasonably believes the Client poses an imminent danger of harm to themselves or others.

7. Recording, Photography, and Intellectual Property

• 7.1 Audio and Video Recording: The Client is permitted to capture audio or video recordings of their session for private, personal use only. The Client is strictly prohibited from distributing, publishing, or sharing any recordings online, on social media platforms, or with any third party, with the sole exception of licensed legal counsel, without the express written permission of the Owner.

• 7.2 Reiki Certification Protections: In strict compliance with Jikiden Reiki regulations, the Client shall not photograph, film, or post images of the Owner's Reiki certification online. Furthermore, the Client is strictly prohibited from reading the contents of the certificate aloud on any audio or video recording.

• 7.3 Intellectual Property Rights: The Owner retains all copyrights and intellectual property rights for all physical art, custom usable objects, and digital downloads. Goods are sold for personal use only, and the Client may not reproduce, copy, or distribute these items for commercial gain.

8. Scheduling, Cancellations, and No-Shows

• 8.1 Notice Requirement: The Client must provide a minimum of twenty-four (24) hours notice to cancel or reschedule an appointment.

• 8.2 Late Cancellations and No-Shows: Cancellations made within twenty-four (24) hours of the scheduled appointment, or failure to attend without prior notice, shall incur a $25.00 fee. A valid credit card is required to be held on file at the time of booking. By providing payment information, the Client expressly authorizes the Owner to automatically charge the card on file for this $25.00 fee in the event of a late cancellation or no-show. The Client will not be charged for the actual service until it has been completed.

• 8.3 Late Arrivals: Sessions will conclude at the originally scheduled time regardless of the Client's arrival time. Arrivals exceeding five (5) minutes late for a Tarot session, or fifteen (15) minutes late for a Reiki session, shall constitute a forfeiture of the appointment, and the $25.00 fee shall be automatically charged to the card on file.

• 8.4 Pre-Payment Requirement: Clients who accumulate two (2) or more late cancellations or no-shows shall lose standard booking privileges and must prepay in full for all future services. Three (3) consecutive or habitual no-shows shall result in a permanent ban.

• 8.5 Exceptions: Exceptions for verified medical illnesses or genuine emergencies may be granted at the sole discretion of the Owner.

9. Payment Processing, Data Privacy, and Digital Operations

• 9.1 Payment Processing: The Client agrees to remit payment in full at the time of booking or at the conclusion of an in-person session. The Owner utilizes secure third-party platforms to process payments and scheduling. The Owner disclaims all liability for any data breaches, financial losses, or unauthorized access to the Client's personal or financial information that occurs through these third-party processors.

• 9.2 Electronic Communications: By providing contact information, the Client explicitly consents to receive transactional, administrative, and promotional communications from the Owner via email or SMS.

• 9.3 Chargeback Policy: By providing payment information, the Client authorizes the Owner to process charges for services, goods, and any applicable penalty fees. The Client expressly agrees not to initiate any chargebacks or payment disputes with their financial institution for completed services or non-refundable goods. If the Client violates this provision, the Client shall be liable for the original transaction amount plus any dispute fees, penalties, or legal costs incurred by the Owner.

• 9.4 Website Usage and Third-Party Links: The Client's use of the Owner's website is at their own risk. The Owner is not responsible for the content, security, or privacy practices of any third-party links, embedded booking portals, or external resources.

10. Sale of Goods and Risk of Loss

• 10.1 Sale of Goods: The Owner may offer physical items, custom usable objects, live houseplants, tools, and digital downloads. All sales are final and non-refundable. Live goods, including houseplants, are sold strictly "as is." The Owner disclaims all warranties, express or implied, regarding the survival, health, or condition of live goods once they leave the Owner's premises.

• 10.2 Shipping and Risk of Loss: For physical goods shipped to the Client, the risk of loss and title for such items pass to the Client upon the Owner's delivery of the item to the carrier (e.g., USPS, UPS). The Owner is not liable for items lost, damaged, or stolen in transit.

11. Refunds and No Guarantees

Due to the subjective nature of the services, all sales are final. The Owner makes no guarantees, warranties, or representations regarding specific outcomes, accuracy, timelines, or physical results. No refunds shall be issued for completed sessions. If the Owner cancels a session and a reschedule cannot be accommodated, a full refund shall be issued.

12. Limitation of Liability and Indemnification

To the fullest extent permitted by law, the Client agrees to release, indemnify, and hold harmless Bluegrass Mystic Company, Chasity Phelps, and any affiliated agents from any and all claims, damages, liabilities, costs, or expenses (including attorney fees) arising out of or related to the services or goods provided. The Client explicitly expresses an intention to exonerate and release the Owner from liability for the Owner's ordinary negligence. This release of liability does not extend to acts of willful or wanton negligence, which cannot be waived under Kentucky law.

13. Force Majeure

The Owner shall not be held liable or responsible to the Client, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Owner, including, without limitation, acts of God, flood, fire, earthquake, tornadoes, governmental actions, or pandemics.

14. Assignment

The Client may not assign, transfer, or delegate any of their rights or obligations under this Agreement without the prior written consent of the Owner.

15. Entire Agreement

This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

16. Modification of Terms

The Owner reserves the right to amend, modify, or update this Agreement at any time. Continued use of the Owner's services constitutes the Client's binding acceptance of the updated terms.

17. Non-Waiver

The failure of the Owner to enforce any provision of this Agreement shall not be construed as a waiver of that provision or the right to enforce it at a later time.

18. Severability

If any provision of this Agreement is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

19. Headings

The section headings contained in this Agreement are for convenience of reference only and shall not affect the meaning or interpretation of this Agreement.

20. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in Warren County, Kentucky. The Parties agree that all disputes shall be resolved exclusively through Small Claims Court or mandatory mediation prior to the filing of any formal litigation. The Client expressly waives any right to participate in a class action lawsuit against the Owner and voluntarily waives any right to a trial by jury for any dispute arising under this Agreement.