Terms and Conditions

  1. 1. Scope:  These Terms and Conditions govern all current and future relationships between Lionheart West Institute of Transpersonal Energy Healing (“Lionheart”) and all customers, students, vendors and independent contractors of Lionheart.
  2. 2. Nature of Products and Services: Laura Fine, Lionheart, and Lionheart’s teachers offer energy healing sessions, educational programs and products. The programs and products are for your education and enrichment. You acknowledge and agree that the training, classes, products and energy healing sessions are not psychological counseling, relationship counseling, financial advising, or any other type of counseling or therapy sessions. You acknowledge that Lionheart neither provides content or materials intended as financial advice, counseling or therapy.  You acknowledge that any guarantee, information, or advice, whether express or implied, provided from any Lionheart representative or via any Lionheart program is not intended as, nor should be considered as a substitute for legal, psychological, medical or other similar professional advice or services. If you feel you need professional counseling or therapy, it is your responsibility to seek the help of a skilled or licensed professional.
  3. 3.Energy Healing Practitioner Certificate Program:  Lionheart offers short term career training, certification programs, continuing education programs and advanced training.  Tuition for these programs must be paid at least two (2) weeks in advance of the scheduled start date of any class.  If you enroll less than two (2) weeks prior to the start date of any class you will be charged a fifteen dollar ($15.00) late registration fee in addition to the regular tuition due for such class.   Installment payment plans are available for tuition payments solely for students who enroll in the automatic payment program.
  4. 4.Energy Healing Clinic Membership:  Lionheart offers energy healing sessions to customers on a membership basis.  To enroll in the Energy Healing Clinic program you must agree to an initial membership term of at least six (6) months.  Your membership will automatically renew at the end of the initial membership term on a month-to-month basis until written notice of cancellation is provided to Lionheart.  You may cancel your membership during the initial membership term solely in the event that you provide written proof that (i) you have permanently relocated your residence more than a fifty (50) mile radius away from Lionheart, or (ii) a physician has certified that you are unable to receive Energy Healing services.  Upon approval of your request for cancellation during the initial membership term, you will be released from all future payment obligations for your membership.  All cancellation requests after the end of the initial membership term require thirty (30) days prior written notice.  Cancellation becomes effective thirty (30) days after receipt of notice by Lionheart.  Any payments due prior to the effective date of cancellation will be charged as scheduled.  You have the entire initial and any renewed term of your membership to use your membership services.  You may continue to use your membership services as long as your membership is in effect and is paid current.  Upon termination or expiration of your membership, all unredeemed membership services will expire.
  5. 5.Prices:  Lionheart reserves the right to increase the price for any class, service or product without notice to you (provided that Lionheart will not increase prices for services or materials which have previously been ordered by you but not yet delivered or provided, as applicable).  Absent a written notification to Lionheart to the contrary, you agree to accept and be billed for the applicable price increases.
  6. 6.Default: If you are paying for a program on a monthly payment plan, your account must be current under the terms of this Agreement before the start of any program. If you do not pay by the agreed upon dates under this Agreement, You will be in default of this Agreement and Lionheart may prohibit your attendance in any class until your account is paid in full. If after thirty (30) days you do not make the necessary payments to bring your account current, Lionheart reserves the right to cancel your enrollment.
  7. 7.Cancellation Policies:
    1. 1.BUYER’S RIGHT TO CANCEL: Any student enrolled in training for the Energy Healing Practitioner Certification Program (“EHP”) has the right to cancel their Enrollment Agreement and obtain a refund. The student must submit notification of withdrawal or cancellation from the program and request for refund in writing.  The withdrawal letter must be sent via United States Postal Service certified mail (or equivalent, if international) or via a courier service using a tracking number to the business office: Lionheart West Institute, PO Box 6061-700, Sherman Oaks, CA 91413. For the avoidance of confusion, this provision does not apply to any other training other than EHP, including but not limited to, the Body/Mind Counselor certification program, the Energy Healing Therapist certification program or any elective training offered by EHP.  Any written contract or agreement signed by a prospective EHP student shall not become operative until the student attends the first class or session of instruction.
      1. 1.The State of California created the Student Tuition Recovery Fund (STRF) to relieve or mitigate economic losses suffered by California residents who were students attending schools approved by, or registered to offer Short-Term Career Training with the Bureau for Private Postsecondary and Vocational Education (Bureau). For complete details about the STRF refer to your application form.
      2. 2.Any questions or problems concerning this school which have not been satisfactorily answered or resolved by the school should be directed to the Bureau for Private Postsecondary and Vocational Education, 1625 North Market Boulevard, Suite S-202, Sacramento, California 95834. (916) 574-7720. As of 2009 please contact the State of California Department of Consumer Affairs for any concerns.
      3. 3.Cancellation of Class: You have until noon of the first day attending any training to decide this program is not right for you. Simply tell a Lionheart representative in person and Lionheart will provide you a signed confirmation that you have chosen to cancel your agreement. You will be refunded the tuition you paid less the non-refundable registration fee.
      4. 4.Return of Product: If you purchase a product there are no returns or refunds.
      5. 5.Inactivity: If your account remains inactive due to non-payment or non-participation for sixty (60) consecutive days, Lionheart may terminate your enrollment agreement. You will forfeit all tuition paid to Lionheart
    2. 2.Energy Healing Clinic Appointments:  You may cancel and reschedule any Energy Healing appointment for no charge with twenty-four (24) hours prior notice by leaving a voicemail message with the Energy Healing practitioner with whom you have booked your appointment.  If you are unable to leave a voicemail message for your scheduled practitioner, you may leave a voicemail message at the Lionheart phone number.  Same day cancellations will be charged one hundred percent (100%) of the scheduled service price.  Notwithstanding the foregoing, you may only cancel and reschedule two (2) Energy Healing appointments during the Initial Term as defined in your Membership Agreement.
  8. 8.Refund guidelines for student withdrawal/dismissal:
    1. 1.If you withdraw your application prior to or on the first day of class, you will be reimbursed all monies paid for tuition less the non-refundable registration free.
    2. 2.A minimum enrollment is required for all courses. The Institute reserves the right to cancel any scheduled course with an enrollment not meeting the minimum enrollment set for that course prior to the course start date through the first seven (7) calendar days of a scheduled course start date. If the Institute cancels, postpones or re-schedules any portion of Certificate training, students who were enrolled will receive a refund or credit.
    3. 3.A returned check fee of $25.00 will be charged for all bounced checks.
    4. 4.A student can be dismissed at the discretion of a Lionheart official for insufficient progress, nonpayment of costs, or failure to comply with Lionheart standards and policies as stated in the Policy Manual.
    5. 5.Satisfaction Guarantee: If you are not completely satisfied with Lionheart or any Lionheart class or product, you may cancel your contract with Lionheart in accordance with the cancellation terms as set forth herein and in the Policy Manual and Energy Healing Practitioner Certificate Program Application.  You will be charged the non-refundable fee stated on the application for your enrolled course for cancellation of any program cancelled. This cancellation charge is non-refundable and non-transferable. Lionheart will also retain the tuition for any and all products and services you have completed.
  9. 9.Transfers/Program Changes: Should you be unable to attend a Lionheart event for which you registered and paid, your registration will be credited to the next available class. Your registration in any program or event may not be transferred to another person.  There is a transfer processing fee of fifty dollars ($50) for Elective courses and one hundred dollars ($100) for Certification classes.  Notwithstanding the foregoing, you will only be permitted to transfer your registration to another scheduled class one (1) time per calendar year.  Furthermore, all enrollments are subject to the same cancellation rules as set forth in Sections 4 and 7 above as well as the Refund Guidelines as set forth in the Energy Healing Practitioner Certificate Program Application.
  10. 10.Late Payments: It is the policy of Lionheart to collect all fees in advance, and Lionheart reserves the right to refuse entry to you if you have not paid all fees in full or executed an Automatic Payment Authorization Agreement prior to receiving Lionheart classes or products.  In the event that payment in full is not collected and no Automatic Payment Authorization Agreement has been executed prior to you receiving Lionheart programs and products, whether in whole or in part, interest shall accrue on any unpaid fees owed by you to Lionheart at the rate $15 per month or the maximum amount permitted by applicable law.
  11. 11.Lionheart Right to Cancel: Lionheart reserves the right to cancel a program at any time. Lionheart reserves the right to accept/reject or terminate you (or any other participants) without explanation as to criteria or cause.
  12. 12.Approval: Your acceptance of these Terms and Conditions and completion of an Application and/or Enrollment Agreement will be required prior to commencement of any service.
  13. 13.Independent Contractor: You and Lionheart (herein the “Parties”) shall perform all your respective duties under this Agreement as independent contractors.  Nothing in this Agreement shall be construed to give either Party the power to direct or control the daily activities of the other Party, or to constitute the Parties as principal and agent, employer and employee, franchisor and franchisee, partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking. The Parties understand and agree that, except as specifically provided in this Agreement, neither Party grants the other Party the power or authority to make or give any agreement, statement, representation, warranty or other commitment on behalf of the other Party, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on behalf of the other Party; or to transfer, release, or waive any right, title or interest of such other Party.
  14. 14.Indemnification and Limitation of Liability:
    1. 1.You hereby agree to defend, indemnify, and hold harmless Lionheart against any liability, cost, loss, expense or claim of any kind brought against Lionheart by third parties and/or government agencies that arises out of any act or omission of you, or any breach by you of these Terms and Conditions, your Enrollment Agreement, the Policy Manual, the Release/Waiver Agreement, Appointment Policies, Confidential Intake Forms, or the Cancellation and Refund Policies.  Lionheart shall have the right to select and control legal counsel for the defense of any such claim, demand or action and for any negotiations relating to any such claim, demand or action; however, you shall have the right to approve any settlement of any such claim, demand or action to the extent that such settlement imposes any restrictions on you, such approval to not be unreasonably withheld or delayed.
    2. 2.UNDER NO CIRCUMSTANCES SHALL YOU OR LIONHEART BE LIABLE TO EACH OTHER OR ANY THRID PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OR INABILITY TO USE THE PROGRAMS AND PRODUCTS OR ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
    3. 3.UNDER NO CIRCUMSTANCES SHALL LIONHEART OR LAURA FINE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE PROGRAMS AND PRODUCTS OR OTHERWISE ARISING OUT OF THIS AGREEMENT IN EXCESS OF THE AMOUNT OF FEES ACTUALLY PAID TO LIONHEART BY YOU PURSUANT TO THIS AGREEMENT.
    4. 4.YOU SHALL BEAR ALL COLLECTION RISK (INCLUDING, WITHOUT LIMITATION, CREDIT CARD FRAUD AND ANY OTHER TYPE OF CREDIT FRAUD) WITH RESPECT TO THE PURCHASE OF LIONHEART PROGRAMS AND PRODUCTS.
    5. 5.YOU SHALL BEAR ALL RESPONSIBILITY AND LIABILITY FOR THE PROPER PAYMENT OF ALL TAXES WHICH MAY BE LEVIED OR ASSESSED (INCLUDING, WITHOUT LIMITATION, SALES TAXES) WHICH MAY BE LEVIED IN RESPECT OF THE PURCHASE OF LIONHEART PROGRAMS AND PRODUCTS, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LIONHEART AND LAURA FINE HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PUPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE PERFORMANCE.
    6. 6.LAURA FINE AND LIONHEART DO NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR YOUR PARTICULAR INTERPRETATIONS, USES, OR APPLICATIONS OF THE INFORMATION PROVIDED, AND YOU INDEMIFY LAURA FINE AND LIONHEART FROM ANY SUCH LIABILITY.
  15. 15.Disputes: Any unresolved disputes between you and Lionheart shall be settled by binding arbitration before a single arbitrator, using the Commercial Rules of the American Arbitration Association in San Fernando Valley, California. The laws of California shall govern these Terms and Conditions. If it becomes necessary to enforce these Terms and Conditions through legal action, Lionheart shall continue to accrue penalties on any unpaid fees owed by you to Lionheart in the amount of $15 per month or the maximum amount permitted by applicable law and Lionheart shall be entitled to recover reasonable attorney’s fees and costs incurred in collection or enforcement of these Terms and Conditions.
  16. 16.Ownership of Intellectual Property: You acknowledge and agree that you shall have no property or other rights or claims in or to any elements of Lionheart intellectual property and that any improvements or modifications or amendments made or contributed to the Lionheart Intellectual Properties by you or any of your affiliates, representatives or agents shall be the exclusive property of Lionheart.  You acknowledge and agree that Lionheart is the sole and  exclusive owner of:
    1. 1.All intellectual property rights related to Lionheart products and services, including but not limited to any and all copyrights, trademarks, trade secrets, patents and other intellectual property protected under applicable laws, and contained in the processes, techniques, presentations, methodologies, concepts and materials used in the Lionheart products and programs, the Lionheart company name, the Lionheart logo and any and all materials relating to the policies and procedures of Lionheart and other business (as modified from time to time).
    2. 2.All know-how relating to Lionheart’s business including any copyrights, patents, designs, trade secrets, know-how, standard precedents, surveys, questionnaires, research, templates, methods or techniques  used in connection with the business of Lionheart;
    3. 3.Any quality assurance systems, manuals or practices used in the business of Lionheart;
    4. 4.Any trademarks, service marks, certification marks, business names, logos and graphic images (whether registered or unregistered) used in connection with its business or which may be as notified by Lionheart to You from time to time (Lionheart Trademarks); and
    5. 5.All other intellectual property used in connection with the business of Lionheart
  17. 17.Non-Infringement: You may not resell any Lionheart intellectual property or other material supplied by Lionheart in any other business that would be considered competitive or that would infringe on the rights, the goodwill or the brand of Lionheart either on the Internet or in the regional geographic area where Lionheart and any officers, directors, employees, agents, professionals, servants, successors, assigns, owners, shareholders, members, contractors or subcontractors live and work without the express permission of Laura Fine.
  18. 18.Non-Compete:  If you have contracted with Lionheart to provide training or other services to Lionheart students and/or customers you represent and warrant that you will not contract with or obtain employment with any company that directly competes with Lionheart for a period of five (5) years following the end of your engagement with Lionheart.
  19. 19.Irreparable Harm:  You acknowledge and agree that your failure to strictly observe these Terms and Conditions will cause irreparable injury to Lionheart. If there is any such failure, you acknowledge and agree that monetary damages alone would be inadequate to compensate Lionheart for any such breach and Lionheart shall be entitled to pursue all legal and equitable remedies (including damages and injunctive relief) against you.
  20. 20.Force Majeure: Neither party shall be liable in damages for any delay or default in performing its obligations hereunder if such delay or default is caused by matters beyond the reasonable control of the non-performing party, such as but not limited to power failures, wars or insurrections, acts of God, acts of government, acts or threat of terrorism, strikes, fires, floods, earthquakes, work stoppages, embargoes and/or inability to obtain material; provided, however that the party experiencing such occurrence shall notify the other party at the earliest possible date and take reasonable steps to mitigate and/or cure the cause of such delay.
  21. 21.Entire Agreement:  Together with the Lionheart Policy Manual, the Release/Waiver Agreement, Appointment Policies, Confidential Intake Forms and Cancellation and Refund Policies and all written amendments, exhibits and appendices thereto, these Terms and Conditions constitutes the entire agreement between Lionheart and you with respect to the subject matter addressed herein (collectively, the “Agreement”). This Agreement can only be modified or supplemented by writing signed by duly authorized representatives of both parties. This Agreement shall be binding upon the parties, their successors, legal representatives and permitted assigns. You and Lionheart intend this Agreement to be a valid  legal instrument and no provision of this Agreement which shall be deemed unenforceable shall in any way invalidate any other provision of this Agreement all of which shall remain in full force and effect.
  22. 22.Survival:  The provisions of this Agreement relating to payment of any fees or other amounts owed, payment of any interest or unpaid fees, confidentiality and warranties and indemnities shall survive any termination or expiration of this Agreement.
  23. 23.Severability:  If any provision of this Agreement should, for any reason, be held invalid or unenforceable in any respect, the remainder of this Agreement shall be enforced to the full extent permitted by law.  A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.

Lionheart Institute of Transpersonal Energy Healing Los Angeles