Hypnosis Motivation Institute

HMI/AHA Hypnotherapists Directory Agreement

This Agreement (the "Agreement") is made and entered between you, the Hypnotherapist/Tenant hereafter referred to as "Tenant", and the American Hypnosis Association, AHA in cooperation with Hypnosis Motivation Institute, hereafter referred to as "HMI".

In consideration of the covenants and conditions hereinafter set forth, HMI/AHA and Tenant agree as follows:

1. Tenant

The sole relationship between Tenant and HMI/AHA is that of tenant and landlord in that HMI/AHA is providing Tenant a listing on the www.hypnosis.edu hypnotherapist directory. In providing services to clients, Tenant is acting independently and not under the direct control or supervision of HMI.

2. Term of Lease

The Agreement shall be for the term of one year commencing on today's date. HMI/AHA may terminate the lease without cause on thirty (30) days written notice. In the event of termination by HMI/AHA tenant will receive a pro-rate refund for the balance of the one year for which they paid but did not receive a listing. The lease may be renewed for a period of one year by both parties signing and addendum to extend the lease no later than 30 days before the expiration of this agreement.

3. Services Provided by HMI

In consideration of the fee paid by Tenant, HMI/AHA will provide the following services to the Tenant: An on-line listing of their completed biography form. Tenant is responsible for accurately and completely filling out the biography form. Tenant must submit an acceptable professional portrait photo in jpeg format.

4. Business to be Conducted

The only business which tenant is authorized to advertised on the AHA Therapists Directory is that of hypnosis and/or hypnotherapy, as allowed by California's Business and Professions Code # 2908 or as authorized by the State in which the Tenant operates their private practice. Tenant also agrees to conduct such services in accordance with all Federal, State, and local laws and regulations applicable to Tenant's profession. Tenant agrees to conduct themselves in a manner that reflects ethics and business practices that are appropriate for a counseling professional.

5. Tenant's Services not to Include Psychotherapy

Tenant shall not advertise or provide psychotherapy on the HMI/AHA's directory unless Tenant has a current valid license from the State in which they practice to do so.

6. Non-Discrimination Policy

HMI/AHA's policy is not to discriminate based on race, national origin, color, physical or mental disability, creed, age, or sexual orientation. Tenant agrees not to engage in such discrimination and understands that engaging in such discrimination is grounds for termination of the listing.

7. Compliance with Laws

Tenant shall comply with all applicable state and Federal laws and regulations governing Tenant's business and the failure to do so shall constitute a breach of this Agreement. Sexual, social or business relationships between clients and Hypnotherapists are unethical, and are strictly forbidden by HMI/AHA.

8. Indemnity

Tenant agrees to indemnify, defend, and hold the AHA and HMI and its successors, officers, directors, agents and employees harmless from any and all actions, causes of action, claims, demands, cost, liabilities, expenses and damages (including attorney's fees) arising out of, or in connection with any breach of this Agreement by Tenant.

Tenant agrees to indemnify, defend, and hold the AHA and HMI and its successors, officers, directors, agents and employees harmless from any and all actions, causes of action, claims, demands, cost, liabilities, expenses and damages (including attorney's fees) arising out of, or in connection with any claim by any client of Tenant against the AHA or HMI.

9. Insurance

The Tenant will carry professional liability/malpractice insurance in the amounts of $1,000.000 and $3,000,000, relative to any professional services. The failure to continuously maintain such insurance shall be deemed a breach of this Agreement. Tenant agrees to provide HMI/AHA proof of insurance at anytime within 10 days of written request.

10. Relationship of Parties

Tenant is a tenant of the HMI/AHA therapist directory only. Nothing in this Agreement shall be construed as creating an employer-employee relationship, as a guarantee that the lease will be renewed, or as a limitation upon HMI/AHA providing listings to any other tenant practicing a similar business. Nothing in this agreement shall be construed as creating a supervisor-supervisee relationship. Tenant agrees to inform all clients that the relationship between Tenant and HMI/AHA is that of a tenant. Tenant, and Tenant alone are responsible for their federal and state taxes, withholding, social security, insurance, and other benefits.

11. Advertising

Tenant shall not through advertising or any other device suggest to the public that Tenant is an employee of the AHA or HMI, or that there is any other relationship between Tenant and AHA and HMI other than landlord-tenant. Tenant shall not engage in any advertising which is false or misleading regarding Tenant's qualifications or business. Tenant shall not represent themselves to any advertiser as an agent of the AHA or HMI. Tenant shall hold the AHA and HMI harmless and shall indemnify the AHA and HMI from any liability resulting from Tenant's advertising.

12. Attorney's fees

Should either party hereto, or any heir, personal representative, successor or assign of either party hereto, resort to legal proceedings in connection with this Agreement or Tenant's relationship with the AHA or HMI, the party or parties prevailing in such legal proceedings shall be entitled, in additional to such other relief as may be granted, to recover its or their reasonable attorney's fee and costs in such legal proceedings from the non-prevailing party or parties.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles.

14. Entire Agreement

This Agreement, and accompanying Lease Agreement, contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter hereof.

15. Amendment

This Agreement, like the accompanying Lease Agreement, may be amended only by a written amendment, signed by Tenant and the Director or General Manager of HMI.

16. Severability

If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void by a court of competent jurisdiction, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect.

17. Construction

The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party.

18. Rights Cumulative

The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies.

19. Non-waiver

No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of HMI, by an officer of HMI or other person duly authorized by HMI.

20. Termination

The HMI/AHA may terminate this Agreement with thirty (30) days written notice to the other party with or without cause. During the thirty day notice period the parties will continue to perform under this Agreement.

In the event that any one of the following occurs, HMI/AHA shall have the right to immediately terminate this Agreement:

a) HMI/AHA being advised of any claim of sexual conduct, sexual solicitation or sexual harassment against Tenant.

b) HMI/AHA being advised of any allegation of an improper business relationship between Tenant and a client of Tenant seen on HMI's premises.

c) Tenant's failure to pay rent as prescribed in this Agreement.

21. Remedy for Breach

The parties hereto agree that, in the event of breach or threatened breach of any covenants of Tenant, the damage or imminent damage to the value and the goodwill of HMI/AHA's business shall be inadequate. Accordingly, the parties hereto agree that in the event of a breach by Tenant, HMI/AHA shall be entitled to compensatory damages and equitable relief against Tenant in the event or any breach or threatened breach of any of such provisions by Tenant, in addition to any other relief (including damages) available to HMI/AHA under this Agreement or under law.

22. Notices

Any notice, request, consent or approval required or permitted to be given under this Agreement or pursuant to law shall be sufficient if in writing, and if and when sent by certified or register mail, with postage prepaid, to Tenant's residence (as noted below), or to HMI's principal office, as the case may be.

23. No assignments or sublease without consent of both parties

The obligations of both parties under this Agreement are personal and are not subject to assignment or by publication without the express written consent of the other party. Tenant may not sublease the space provided without the express written consent of the AHA or HMI.

24. Merger

The parties agree that there are no other agreements or understandings between them except as reflected in this Agreement, and that all prior negotiations are superseded by this Agreement.

Request a link to the Hypnotherapist Biography Form.

Last modified: 2008-04-07T12:22:57-0700