Healing Daruma’s Qigong Service Agreement

This agreement is effective as of April 22, 2025 and was last updated on April 22, 2025.

QIGONG SERVICE AGREEMENT

The following Qigong Service Agreement (the “Agreement”) will clearly communicate our mutual expectations in working together. Please raise any questions you have before signing to make sure we are on the same page moving forward.

In exchange for agreeing to work together with Healing Daruma, you agree to be bound by the following conditions.

Contractual Terms

1. Parties. This Agreement is made between Healing Daruma LLC, a Limited Liability Company based in the State of Tennessee (“Healing Daruma”, “I”, “me”, and “my”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).

2. What I Expect from our relationship. Just as you are investing in me, I am also investing time and energy in you. For you to grow and make the most from our qigong practice together and the Services, here is what I expect:

2.1. Time Integrity. Let’s honor our time. Time integrity and keeping your word is important. Please be on time, and honor the length of the Services and the cancellation policy detailed below.

2.2. Ownership. You are responsible for your physical, mental and emotional well-being and actions during the course of the Services.

2.3. Commitment. I expect you to be committed to the Services. I also expect you to practice and do everything in your power to improve and grow. For our work together to be successful, it is essential that you attend your sessions and make a sincere effort to be honest and open about the issues that you are facing.

2.4. Communication. I expect you to be upfront and honest about your needs, what pains you have and your medical history. Again, the more open and honest you are, the more effective our work together can be, and the more benefit will be available to you. I can’t help if I don’t know what you are experiencing!

2.5. Boundaries. The relationship between client and practitioner is strictly professional and involves appropriate boundaries that must be maintained by all involved. Because the client-practitioner relationship is so important, I cannot be involved in any kind of romantic relationship with clients.

2.6. Violence. If you become violent during a session, which includes verbally or physically threatening me or anyone who is involved, I reserve the right to terminate the session and/or the client relationship immediately and notify the police.

2.7. Emergencies and Immediate Assistance. If you are experiencing an emergency and/or you feel unable to keep yourself safe, 1) Contact Service Access Management for Crisis Services at 1 (877) 236-4600, 2) Call 9-1-1, or 3) Go to the Emergency Department of your Local Hospital.

2.8. Other Rights. You have the right to considerate, safe, and respectful care, without discrimination as to race, ethnicity, color, gender, sexual orientation, age, religion, or national origin. You have the right to ask questions about any aspect of our work together and about my specific training and experience.

3. Qualifications. I hold the following professional qualifications and certifications: Medical Qigong Practitioner.

4. Scope of Practice.

4.1. I am not a licensed physician in Tennessee and do not possess a license to practice medicine from the state of Tennessee. Medical qigong is a form of complementary and alternative medicine not licensed by the State of Tennessee. In practicing complementary and alternative medicine, I seek to support rather than replace the care of your existing physician, therapist or acupuncturist. I provide medical qigong sessions and exercises designed to assist you in maintaining your physical, mental, emotional and spiritual well-being.

4.2. Medical qigong, one of the five main branches of Chinese medicine, is a system of health care that recognizes the root causes of symptoms or disease and treats the client as a whole person. Practiced as an adjunct to Western medicine, medical qigong addresses the energetic imbalances or blockages that may contribute to illness. Medical qigong is not a panacea but a healing modality that has been practiced in China for over 2,000 years.

4.3. Here is what we will be doing together: I provide qigong energy sessions, intuitive coaching and instruction on qigong exercises to facilitate gentle stretching and relaxation of the body. Sessions may be done without touch or include gentle hand placement to instruct and facilitate relaxation and stretching.

4.4. Here is what we will not be doing together: Qigong is not a cure for any specific medical condition. I support people in their healing transformations, but I cannot do the work for them, so each situation is unique. Qigong is not a replacement for Western medicine, and I do not provide medical advice, legal advice or psychotherapy counseling.

5. What You can Expect.

5.1. During a medical qigong treatment, each session will begin with a discussion of how things have been progressing with symptoms and your experience of implementing prescribed exercise or other lifestyle change. Each treatment is conducted with the client fully clothed and involves the practitioner employing various touch and non-touch techniques. If you should experience discomfort at any time during treatment, please notify your practitioner. Your practitioner will use their discretion in making adjustments and offering support.

5.2. The purpose of medical qigong therapy is to help each individual enhance wellness. While there is no guarantee that medical qigong will be helpful, I believe that wellness can be facilitated when both client and practitioner are actively involved in establishing goals for care and implementing prescribed lifestyle changes.

5.3. The outcome of your treatment depends largely on your willingness to engage in this process, which may, at times, result in considerable discomfort. Because disruptions in the flow of qi (energy) in the body often occur because of unresolved emotional content. You may remember unpleasant events and become aware of feelings attached to those events. This can bring on strong feelings of anger, depression, anxiety, etc. There are no miracle cures. I cannot promise that your symptoms or concerns will change. I can promise to support you and do my very best to understand you and repeating patterns, as well as to help you clarify your needs and wants and move toward achieving those.

6. No Guarantees. Healing Daruma cannot guarantee the success of the Services. I promise to provide you with the opportunity and support to see you grow in your qigong practice, but the success of the Services ultimately depends on you. As such, no guarantees can be made for any particular outcome from my Services.

7. Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Healing Daruma (the “Term”).

7.1. The Agreement may be terminated by either party at any time by providing two (2) days advance written notice to the other party (email is fine). However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined in Schedule “A'' Services.

7.2. Healing Daruma reserves the right to terminate this Agreement immediately if you violate any of the expectations outlined above, and you will not be entitled to any refunds or any continued working relationship with Healing Daruma.

8. Payment. Payment details and cost for the Services are outlined in Schedule “A” Services. I accept payments in the form of cash, check, or credit card. Any checks returned to my office are subject to an additional fee of $40.00. If you refuse to pay, you will be denied further services until all debts are paid in full. If you refuse to pay your debt, I reserve the right to collect the debt according to the guidelines established by the federal government in the Fair Debt Collection Practices Act.

9. Fluctuation of Payments. You understand that we reserve the right to change our prices and that in your acceptance of these new prices and continued payment, you continue to be bound to all the terms of this Agreement. We will always provide at least 30 days notice before raising any prices and we will communicate with you to ensure you are aware of any changes.

10. Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, here is my cancellation and refund policy:

10.1. Refunds. All sales are final, unless otherwise specified or required by law. We do not offer refunds for Services performed in person or at a distance as the time spent cannot be returned. For pre-recorded Online Courses or Memberships a 14 days trial period is offered during which time a refund will be given if the client requests one by emailing info@healingdaruma.com. No refunds are given after the 14 days have passed.

10.2. Cancellation / Reschedule Policy. Please be courteous and email or call at least 24 hours prior to your scheduled appointment if you should need to change or cancel your appointment time. If you should fail to cancel or reschedule prior to 24 hours of the appointment time, you will be charged the full session fee as there is not sufficient opportunity to fill that time on the calendar with another client.

11. Contacting Me. Office hours are by appointment only. I am often not immediately available by telephone. I do not take phone calls when I am with clients or otherwise unavailable. At these times, you may leave a message on my confidential voicemail by calling (901) 295-8698. Calls will be returned as soon as possible but may take up to 1 business day for non-urgent matters. Email is preferred for written communication at info@healingdaruma.com. Official mail correspondence can be received at: 1779 Kirby Parkway, Suite 16691, Memphis, TN 38138.

12. Ownership of Materials. All the qigong content that I have provided to you, including but not limited to videos, documents and PDFs, are for your use only and are not to be re-distributed or re-used for any commercial and non-personal use.

13. Damage to Equipment. You understand that you will be fully responsible for any damage that you cause to any equipment we use at our facility, whether or not such damage happens on purpose or by accident.

14. Waiver. Before the Services can begin, you must sign my Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that I can be absolutely sure you understand and agree to it.

15. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Tennessee or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

16. Standard Legal Provisions. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Tennessee. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Tennessee. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by me of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, email will suffice for written notice when required, as set out above. Headings. The headings used in this Agreement are for stylistic purposes only, and none of the content in the headings is intended to be legally binding. Counterparts. This agreement may be signed by any number of counterparts, each of which is an original and all of which, taken together, constitute one single document. Online Agreement. I agree that this Agreement may be signed electronically or agreed to by having You click “I Agree,” the effect of which will be the same as if I signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.

AGREED and ACCEPTED

Healing Daruma LLC

Per: Brendan Berger, Owner

Signature:

Date:

Name of Client:

Signature:

Date:

SCHEDULE “A” SERVICE

Qigong

Cost: 120 USD

Duration: 60 minutes

Payment: Payments are expected once you book a time for a session.