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TERMS OF SERVICE & INFORMED CONSENT

By continuing with the application process and working with Nickolas Ely, you acknowledge that you have read, understood, and agreed to the following items in full.
 

1. Scope of Services


Nickolas Ely provides non-diagnostic educational, coaching, and experiential services intended for personal development, behavioral change, and performance improvement.

Nickolas Ely is not a medical professional and not a licensed mental health care provider. He does not diagnose, prescribe, or treat medical, psychiatric, or psychological disorders.

Services provided are not a substitute for medical care, mental health treatment, addiction treatment, or crisis intervention. You are advised to consult appropriate licensed professionals regarding any medical or mental health conditions and to continue any existing treatment without interruption.

No information or guidance provided by Nickolas Ely constitutes medical, psychological, or legal advice.
 

2. Nature of the Work


The services provided may include experiential and educational methods such as guided relaxation, imagery, visualization, hypnosis, neurolinguistic techniques, mindfulness-based practices, stress regulation strategies, and other non-diagnostic personal development approaches.

While these methods can be powerful, they are collaborative processes that require your active participation, commitment, and responsibility. Results vary between individuals, and outcomes cannot be guaranteed.

You acknowledge that you are engaging in this work voluntarily and for personal development purposes.

 

3. Addiction and Compulsive Behavior Disclaimer
 

Work involving compulsive behaviors, including but not limited to sexual compulsivity, pornography use, substance-related behaviors, or other habitual patterns, is non-linear in nature.

Participation does not guarantee abstinence, symptom elimination, relapse prevention, or specific behavioral outcomes. Temporary fluctuations in urges, emotional responses, or awareness may occur.

These services are not addiction treatment, do not replace medical detoxification, and are not appropriate for crisis situations.

If you are experiencing withdrawal symptoms, suicidal ideation, or immediate risk to yourself or others, you agree to seek appropriate medical, mental health, or emergency services immediately.
 

4. Assumption of Risk and Limitation of Liability

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You understand that experiential change work may involve emotional discomfort, temporary increases in awareness, shifts in perception, or the surfacing of previously unexamined material.

By participating, you voluntarily assume all risks associated with this work.

To the fullest extent permitted by law, Nickolas Ely shall not be liable for indirect, incidental, consequential, or special damages arising from participation in services in any instance. 

 

5. No Guarantees

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No guarantees, warranties, or assurances are made regarding outcomes, results, duration of change, or specific behavioral effects.

Testimonials and examples represent individual experiences and do not constitute promises of results.



 

6. Client Rights and Responsibilities
 

Your Rights

  • Respect: You have the right to be treated with courtesy, professionalism, and respect.

  • Information: You may ask questions at any time and receive clear, honest responses.

  • Autonomy: You are never required to discuss material you do not wish to explore.

  • Privacy: Your information is treated as confidential within the limits outlined below.


Your Responsibilities 

  • To engage honestly and responsibly in the process

  • To communicate relevant medical or mental health concerns to appropriate professionals

  • To take full responsibility for your decisions and actions outside of sessions


7. Confidentiality and Its Limits
 

Information shared during sessions is treated as confidential and stored securely. Records may be retained for up to seven (7) years following the final session, after which they may be destroyed.

Confidentiality may be limited where disclosure is required by law, court order, or where there is a reasonable belief of imminent harm to yourself or others. Confidentiality does not extend to payment processors, scheduling systems, or other service providers required for business operations.

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8. Recordings and Intellectual Property

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Session recordings may be provided at your request and with informed consent, when available. Session recordings may only be made by Nickolas Ely. Recordings may be edited at the sole discretion of Nickolas Ely to ensure safety and appropriate use.

All materials, language, processes, recordings, and instructional content remain the intellectual property of Nickolas Ely.

You are granted a limited, non-transferable license for personal use only. Redistribution, reproduction, teaching, or commercial use of any materials is prohibited without prior written permission.
 

9. Payment, Scheduling, and Cancellation Policies
 

Client status begins upon receipt of payment. Fees are due prior to the first session or program start.

Failure to remit payment may result in suspension or termination of services and pursuit of lawful collection remedies.
 

No-Show Policy
 

Failure to attend a scheduled session without notice forfeits the session time. Repeated no-shows (two or more) may result in termination of client status without refund.
 

Cancellation Policy
 

Cancellations made more than 24 hours in advance may be rescheduled or refunded at Nickolas Ely’s discretion. Cancellations within 24 hours of a scheduled session may incur a $25 cancellation fee.


10. Refund Policy
 

Fees are non-refundable once services have begun. In limited circumstances, unused sessions may be refunded at the sole discretion of Nickolas Ely. No refunds are provided for completed services.


11. Termination of Services
 

Either party may terminate the professional relationship at any time, for any reason, with or without notice. Termination does not obligate refunds beyond what is stated in this agreement.


12. Informed Consent and Agreement
 

By continuing with the appointment process for remote services, you affirm that:

  • You have read and understood this agreement

  • You have had the opportunity to ask questions

  • You consent voluntarily to participate

  • You accept full responsibility for your participation and outcomes

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