Terms of Use
Effective date: 01/18/2025
Agreement between User and www.vibranthypnotherapy.com and www.martakova.com
Welcome to www.vibranthypnotherapy.com and www.martakova.com. The www.vibranthypnotherapy.com and www.martakova.com website (the "Site") is comprised of various web pages operated by Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova. www.vibranthypnotherapy.com and www.martakova.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.vibranthypnotherapy.com and www.martakova.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.vibranthypnotherapy.com and www.martakova.com is an E-Commerce Site.
The purpose of the website is to provide information about Marta Kova Vibrant Hypnotherapy LLC products and services including but not limited to: hypnotherapy, coaching, courses, programs, sessions.
Privacy
Your use of www.vibranthypnotherapy.com and www.martakova.com is subject to Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.vibranthypnotherapy.com and www.martakova.com or sending emails to Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova is not responsible for third party access to your account that results from theft or misappropriation of your account. Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.vibranthypnotherapy.com and www.martakova.com only with permission of a parent or guardian.
Cancellation/Refund Policy
24-hour notice is required if you need to cancel or reschedule your appointment.
Less than 24-hour notice will result in a $45 Cancellation Fee for Hypnotherapy/Coaching Sessions and $25 Cancellation Fee for Readings.
No-Shows will be charged 100% of the scheduled service/session fee.
Late Arrivals:
Up to 15 minutes late will be accepted, but please note that it may limit the time allocated for your session.
More than 15 minutes late will be considered a No-Show, and you will be charged 100% of the scheduled service/session fee.
To avoid late arrivals, please check your internet connection, camera setup, microphone, and other technical details at least 15 minutes before the scheduled appointment time.
Membership Program:
Clients can cancel their monthly membership at any time.
Refund Policy
Due to the nature of our services, No Refunds will be issued, except in the following circumstances:
Cancellation: If you cancel your appointment at least 24 hours before the scheduled time, you are eligible for a full refund.
Individual or Group Program Cancellation: If you cancel your participation in an Individual or Group Program at least 24 hours before the first session, you are eligible for a refund.
Program/Package Sessions:
If you purchased a Program or Package of Sessions (1:1 or Group Sessions) and completed the first session, but wish to discontinue services, you will be charged for the first session at the full price, and you will receive a 100% refund for the remaining sessions.
A written notice must be submitted within 24 hours after the first session to qualify for a refund. No refunds will be issued after that time or after the second session or beyond.
Digital Products: No refunds will be issued for digital products, including but not limited to courses, guides, and pre-recorded hypnosis sessions.
Hypnotherapist’s Right to Refuse Treatment: The Hypnotherapist reserves the right to refuse treatment to anyone at any time. In that case, the client will receive a 100% refund for any remaining unused sessions.
DISCLAIMER
The purpose of a program of hypnotherapy is for vocational and avocational self-improvement (Business and Professions Code 2908) and serves as an alternative or complementary treatment to licensed healing arts services. A hypnotherapist is not a licensed physician or psychologist, and hypnotherapy services are not licensed by the State of California. These services are non-diagnostic and should not be considered a substitute for licensed medical or psychological services or procedures.
Consultation with Your Healthcare Provider:
If you are under the care of a licensed mental health professional and/or taking any medications, you agree to consult with your doctor before undergoing any hypnosis services, including but not limited to: 1:1 sessions, pre-recorded sessions, group sessions, online courses, or programs. Hypnosis is not suitable for individuals with the following conditions, including but not limited to: psychosis, schizophrenia, epilepsy, severe depression, drug or alcohol addiction, or chronic pain that has not been diagnosed by a licensed healthcare professional.
Health and Wellness Guidance:
Hypnotherapist assisting with weight loss or other health and fitness goals may provide general nutritional advice, recommend published books, food guides, or health and fitness publications. This is not a substitute for medical advice, and you are advised to seek your doctor’s approval before making any medical, health, or lifestyle changes.
Business Guidance
Hypnotherapist assisting with improving business and life provide general tools & techniques, and these are not substitute for financial or legal advice and you are advised to seek professional advice before making any financial, business, and lifestyle changes.
Techniques and Modalities:
Hypnotherapist may use various modalities, including but not limited to: hypnosis, guided imagery, intuitive guidance, Tarot/other cards or energy readings, NLP (neuro-linguistic programming), and energy modalities including chakras meditation & alignment, EFT (Emotional Freedom Technique), which involves tapping at the body’s energy meridians to release blockages causing negative emotions.
Program Structure and Effectiveness:
The services provided may consist of private sessions, group sessions, online videos/courses, or programs (live or pre-recorded). While hypnotherapy can be effective for many purposes, the results may vary between individuals, and no specific results or progress can be promised or guaranteed.
Experiences During Hypnosis:
The feelings and experiences in hypnosis can vary from person to person. Many individuals remain fully aware during hypnosis, and some experience a heightened sense of awareness. It is common to feel deeply relaxed, with some describing the state as an escape from physical tension and emotional stress, while still remaining alert.
Memory and Accuracy in Hypnosis:
Hypnosis may bring up memories of past events, which may or may not be accurate. These memories could be distorted, misconstrued, or constructed from various memories. It is not possible to confirm the truth or falsehood of these memories without external corroborating information.
Confidentiality and Limitations:
While it is the practice of hypnotherapists to maintain confidentiality, hypnotherapy is not subject to psychotherapist-patient privilege. A court may order the disclosure of information learned during therapy. All information presented by Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova (“we,” “us,” “our”), through our websites (www.martakova.com and www.vibranthypnotherapy.com), social media, videos, publications, courses, and materials, is for general informational purposes only and is not a substitute for professional medical, nutritional, financial, legal, or other professional advice. While we make every effort to provide accurate information in good faith, there are no guarantees regarding the accuracy, availability, or results of the content.
Testimonials:
The site may contain testimonials from clients. These are personal opinions and experiences, which have not been clinically evaluated or proven. Results may vary.
Limitation of Liability:
Under no circumstances shall Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova, be held liable for any loss or damage incurred as a result of reading, listening to, or watching any material presented by us. Do not drive, operate machinery, or engage in tasks requiring full attention while consuming any of our materials. Engaging in such activities is done entirely at your own risk.
Release of Liability:
By using our content or services, you agree to waive, release, and discharge Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova, from any and all liability, including but not limited to claims arising from negligence or fault, for death, disability, personal injury, property damage, theft, or any actions that may occur as a result of engaging with our services or materials.
Agreement:
By continuing to use our websites, services, or materials, you acknowledge that you have read, understood, and agreed to all of the above statements.
For any questions or concerns, please contact us at: [email protected]
Recording & Participation Consent
By enrolling in Next-Level You: A 4-Week Accelerated Journey to Success (Group Program) or any 1:1 Coaching/Hypnotherapy sessions, you acknowledge and agree to the following:
Live Sessions May Be Recorded – Coaching and hypnotherapy sessions conducted via Zoom may be recorded for the purpose of providing replays to clients, tracking progress, and internal training.
Limited Access to Recordings – Group session recordings will only be accessible to enrolled participants during and after the program duration. 1:1 session recordings may be provided to the client upon request but will not be shared publicly.
Participant Responsibility – If you choose to participate in discussions, ask questions, or share personal experiences during live sessions, you consent to being recorded. If you do not wish to be recorded, you may keep your camera off and/or participate via chat (for group sessions).
Use of Recordings – By participating, you grant Marta Kova Hypnotherapy LLC a non-exclusive, worldwide, royalty-free license to use the recorded material for program delivery, future educational purposes, and business development, in accordance with privacy guidelines. However, personal information and sensitive discussions from 1:1 sessions will remain confidential and will never be shared without explicit permission.
Opt-Out Option – If you do not wish to be recorded, you may request (in writing only) to have your portion of the recording removed when possible. However, by enrolling, you understand that recordings are a core part of the coaching and program experience.
Links to Third Party Sites/Third Party Services
www.vibranthypnotherapy.com and www.martakova.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova and Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova of the site or any association with its operators.
Certain services made available via www.vibranthypnotherapy.com and www.martakova.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.vibranthypnotherapy.com and www.martakova.com domain, you hereby acknowledge and consent that Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova may share such information and data with any third party with whom Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova has a contractual relationship to provide the requested product, service or functionality on behalf of www.vibranthypnotherapy.com and www.martakova.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.vibranthypnotherapy.com and www.martakova.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova account to third party accounts. By connecting your Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova Content accessed through www.vibranthypnotherapy.com and www.martakova.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MARTA KOVA VIBRANT HYPNOTHERAPY LLC, DBA MARTA KOVA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MARTA KOVA VIBRANT HYPNOTHERAPY LLC, DBA MARTA KOVA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MARTA KOVA VIBRANT HYPNOTHERAPY LLC, DBA MARTA KOVA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARTA KOVA VIBRANT HYPNOTHERAPY LLC, DBA MARTA KOVA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MARTA KOVA VIBRANT HYPNOTHERAPY LLC, DBA MARTA KOVA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova as a result of this agreement or use of the Site. Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova reserves the right, in its sole discretion, to change the Terms under which www.vibranthypnotherapy.com and www.martakova.com is offered. The most current version of the Terms will supersede all previous versions. Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova welcomes your questions or comments regarding the Terms:
Marta Kova Vibrant Hypnotherapy LLC, DBA Marta Kova
1968 S Coast Hwy #2824
Laguna Beach, California 92651
Email Address: [email protected]
