TRANSFORMATIVE TIDES WORKPLACE & CORPORATE SOUND SESSION SERVICES AGREEMENT

TRANSFORMATIVE TIDES WORKPLACE & CORPORATE SOUND SESSION SERVICES AGREEMENT

Updated: January 1, 2026

Before confirming your booking, please read these Terms carefully. If you have questions before booking, contact erika@transformativetides.com

1. AGREEMENT

These Terms govern the Workplace or Corporate Sound Session described in the written booking confirmation between Transformative Tides LLC ("Facilitator") and the organization purchasing the services ("Client").

By confirming a booking, checking the agreement box during payment, signing electronically, or submitting payment, the Client represents that it is authorized to enter into this Agreement on behalf of the organization and agrees to be bound by these Terms.

The version of these Terms in effect on the booking date governs that booking.

This Agreement applies solely to Participants who are eighteen (18) years of age or older. If the Client wishes to include participants under 18, the Client must contact the Facilitator in advance to arrange a separate written agreement addressing parental or guardian consent and any additional terms specific to minor participants. This Agreement does not itself authorize the attendance of minors.

For purposes of this Agreement:

  • Facilitator means Erika Hood, operating as Transformative Tides LLC.

  • Participant means any employee, contractor, guest, or other individual attending the session at the Client's invitation.

  • Workplace Sound Session means a facilitated acoustic listening experience using live acoustic instruments at the Client's location. Sessions involve no physical contact between the Facilitator and Participants and are intended for adults (18+) unless otherwise agreed in writing.

2. SERVICE AND CLIENT RESPONSIBILITIES

The Facilitator will provide the Workplace Sound Session described in the booking confirmation using professional judgment and commercially reasonable care, and maintains commercially appropriate business insurance. Upon the Client's request, the Facilitator will provide a Certificate of Insurance naming the Client as an additional insured for the date(s) of the session. Pricing, duration, travel, and expected participant count are confirmed in writing at booking and form part of this Agreement.

Venue Access.
The Client will provide access to the designated session space at least thirty (30) minutes before the scheduled start time and approximately thirty (30) minutes after the scheduled end time for setup and breakdown. If access is delayed, setup occurring during the scheduled session time will reduce the session duration accordingly unless the parties mutually agree to extend the session.

Venue Requirements.
The Client will provide:

  • A reasonably quiet and safe space;

  • Suitable lighting and temperature;

  • Required parking and building access;

  • An on-site contact with authority over the space during the session, available for the session's full duration, together with a backup telephone number provided at least twenty-four (24) hours before the session.

The Client remains solely responsible for workplace safety, premises conditions, legal accommodations, and compliance with applicable employment and safety laws.

Equipment Damage.
The Client is responsible for the reasonable cost of repairing or replacing Facilitator equipment damaged by the Client or by individuals attending the session on the Client's behalf or under the Client's direction or control, excluding ordinary wear and tear.

Unsuitable Venue.
If the venue cannot reasonably accommodate the session because of safety hazards, excessive noise, or insufficient space, and the conditions cannot reasonably be corrected, the Facilitator may postpone the session. Any deposit paid will be applied toward the rescheduled session.

Reliance on Client Information.
The Facilitator may reasonably rely upon information supplied by the Client regarding participant count, venue conditions, scheduling, and logistics, and is not responsible for inaccuracies in that information.

3. Nature OF The SERVICES

Workplace Sound Sessions are non-clinical, non-medical, non-religious, and non-directive acoustic listening experiences. They are not therapy, medical treatment, mental health care, or a substitute for professional healthcare. The Facilitator does not diagnose conditions, prescribe treatment, or make healing claims.

Participation is voluntary. Participants may sit, lie down, reposition themselves, step outside, or leave the session at any time without explanation.

The Facilitator provides a brief verbal orientation at the beginning of each session.

This Agreement is solely between the Client and Transformative Tides LLC. It does not create a contractual relationship, or any contractual rights, between Transformative Tides LLC and any Participant or other third party.

Participant Information.
The Client agrees to communicate to Participants before the session that:

  • Attendance is voluntary;

  • There is no workplace consequence for declining participation;

  • Sound-based experiences may produce physical, emotional, or sensory responses, and anyone with concerns related to sound sensitivity, epilepsy, implanted medical devices, a pacemaker, severe tinnitus, pregnancy, or any other medical condition should consult an appropriate licensed healthcare professional before attending;

  • Participants should avoid alcohol or recreational substances for at least two hours before the session.

Participants are responsible for following the guidance communicated under this Section. The Facilitator is not responsible for outcomes resulting from a Participant's failure to do so.

The Facilitator will also display a written notice in the session space for the session's duration, containing substantially the same health and participation information, with exact placement determined on-site.

Client Responsibility for Communication.
By confirming this booking, the Client acknowledges that it — and not the Facilitator — is solely responsible for communicating the participation and health information in this Section to all Participants prior to the session, and that the Facilitator has no independent means of delivering this information directly to individual Participants. Before the session, the Client will confirm in writing that this information has been communicated. The Facilitator may rely on the Client's booking confirmation and pre-session written confirmation as conclusive evidence that this obligation has been fulfilled. Any failure to communicate this information to Participants constitutes a material breach of this Agreement and falls within the Client's indemnification obligations under Section 6.

The Client remains solely responsible for determining when Participants should resume safety-sensitive work activities following the session, including for safety-sensitive tasks, machinery, or driving.

No Guarantees.
Individual responses vary. No guarantee or warranty is made regarding any Participant's experience or outcome.

4. FEES AND PAYMENT

Session pricing is confirmed in writing at booking. Payment is made through Stripe by credit card, debit card, or ACH transfer.

Bookings made seven (7) or more calendar days before the session may be secured with either:

  • A fifty percent (50%) deposit, with the remaining balance due fifteen (15) days after the session; or

  • Payment in full.

Bookings made fewer than seven (7) calendar days before the session require full payment at booking.

Past-due balances not received within fifteen (15) days of the applicable due date accrue interest at 1.5% per month, or the maximum amount permitted under Missouri law, whichever is less.


Billing is based on the participant count confirmed at booking. Up to two additional Participants are included at no additional charge. Attendance exceeding that amount that moves the booking into the next pricing tier will be billed at the applicable tier, based on the Facilitator's good-faith count made during the session. Sessions of 50+ participants require a custom quote; unexpected overflow beyond 52 without a quote will be served at the capacity the Facilitator's equipment supports. If actual attendance exceeds the confirmed participant count by more than the grace allowance and the Facilitator's equipment capacity, additional Participants may be unable to be accommodated. No refund or fee adjustment will be issued for Participants who cannot be accommodated due to attendance exceeding the confirmed count.


Travel within thirty-five (35) miles of ZIP Code 63376 is included. Additional travel charges, if any, will be confirmed in writing before booking.


The Client agrees to contact erika@transformativetides.com to resolve billing concerns before initiating any payment dispute or chargeback.

5. CANCELLATION AND RESCHEDULING

Unless Section 8 (Force Majeure) applies:

  • Cancellations seven (7) or more days before the session receive a full refund;

  • Cancellations within seven (7) days retain the deposit-equivalent portion, with any additional payment refunded;

  • Same-day cancellations and no-shows forfeit the full session fee;

  • Sessions may be rescheduled without charge when requested at least seventy-two (72) hours before the scheduled session.

No refunds are issued for services already provided.

Facilitator Cancellation.
If the Facilitator is unable to deliver the service — including due to illness or other unforeseen circumstances — the Facilitator will notify the Client promptly, and the Client may elect either a full refund of amounts paid or rescheduling to a mutually agreeable date. Consistent with Section 6, the Facilitator is not liable for secondary costs the Client may incur in connection with the session (e.g., venue rentals, catering, or other third-party arrangements).

6. RISK ALLOCATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE LEGAL RIGHTS OF THE PARTIES.

Acknowledgment of Risk.
The Client acknowledges that participation may involve physical, emotional, sensory, or psychological responses that cannot be fully predicted or eliminated.

Release of Client Claims.
To the fullest extent permitted by Missouri law, the Client releases and holds harmless Transformative Tides LLC, Erika Hood, and their agents from claims asserted by the Client arising from performance of this Agreement, INCLUDING CLAIMS ARISING FROM THE FACILITATOR'S OWN ORDINARY NEGLIGENCE. This release does not apply to gross negligence, willful misconduct, or claims that cannot legally be released.

Limitation of Liability & Consequential Damages Exclusion.
The maximum aggregate liability of Transformative Tides LLC arising out of or related to this Agreement shall not exceed the total fees actually paid by the Client for services not rendered.

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification.
The Client agrees to defend, indemnify, and hold harmless Transformative Tides LLC from and against any and all claims, liabilities, losses, damages, injuries, demands, or legal expenses (including reasonable attorneys' fees) arising out of or resulting from the participation of any employee, guest, or attendee in the session — including but not limited to those arising from participant conduct, the Client's failure to communicate required Participant information under Section 3, mandatory attendance directed by the Client, unsafe premises or workplace conditions, or post-session work assignments or return-to-work decisions — except to the extent caused by the Facilitator's gross negligence or willful misconduct.

Safety During the Session.
The Facilitator may pause or terminate a session if safety, consent, or the integrity of the environment is materially compromised. If the session continues after an individual Participant is asked to step out, no fee adjustment applies. No refund applies if a session ends early due to participant misconduct.

7. CONFIDENTIALITY, MEDIA, AND INTELLECTUAL PROPERTY

The Facilitator will not publicly identify the Client without written permission.

Personal information submitted through the Facilitator's website in connection with a booking is handled in accordance with the Transformative Tides Privacy Policy (www.transformativetides.com).Independently of that policy, the Facilitator will maintain the confidentiality of non-public business information disclosed by the Client during the engagement, except as required by law. These obligations survive completion of this Agreement.

The Facilitator will not photograph or record Participants or the Client's premises without written permission, except for photographs of the setup before Participants arrive. The Client may record for internal purposes under its own policies; promotional use featuring the Facilitator requires the Facilitator's prior written consent. Participants are asked to refrain from personal recording during the session.

All branding, written materials, recordings, graphics, and other intellectual property provided by the Facilitator remain the property of Transformative Tides LLC and may not be reproduced without written consent.

8. GENERAL LEGAL TERMS

Dispute Resolution & Arbitration.
The parties will first attempt to resolve disputes informally via erika@transformativetides.com. Any unresolved dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered under the American Arbitration Association Rules, within 50 miles of O'Fallon, Missouri, with each party bearing its own legal fees and splitting arbitrator costs. The arbitrator may award any remedy available under Missouri law.

Governing Law & Venue.
Missouri law governs this Agreement. Any court action permitted under this Agreement, including actions to compel arbitration or enforce an arbitration award, shall be brought exclusively in the state courts located in Saint Charles County, Missouri.

Independent Contractor.
Transformative Tides LLC acts solely as an independent contractor. Nothing herein creates a joint venture,partnership, employment, or agency relationship.

Assignment.
Bookings cannot be assigned without written consent.

Notices.
All formal notices required under this Agreement shall be sent to the email address used during booking, unless a party designates a different address in writing.

Severability & Waiver.
If any provision is held unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver of future enforcement.

Survival.
Provisions relating to confidentiality, intellectual property, limitation of liability, indemnification, dispute resolution, arbitration, and any terms that by their nature should survive shall survive termination or completion of this Agreement.

Force Majeure.
Neither party is liable for delays or non-performance caused by acts of God, severe weather, utility failures, communicable disease or public health risk, government orders, or civil disturbance. Where Force Majeure applies, standard cancellation terms are suspended: the session is rescheduled at no additional charge, with amounts paid applied to the new date. This does not extend to ordinary scheduling, staffing, or budget changes by the Client. If the Facilitator reasonably determines a session poses an immediate public health risk, it may be rescheduled without penalty

CONFIRMING YOUR BOOKING

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

By confirming your booking, checking the agreement box during payment, signing electronically, or submitting payment, the Client acknowledges that it has read, understood, and agrees to these Terms on behalf of the organization, including its responsibility for communicating Participant information under Section 3, and waives the right to a jury trial in favor of binding arbitration.

Electronic acceptance, electronic signatures, and online payment confirmations constitute valid legal execution of this Agreement. This Agreement constitutes the entire understanding between the parties regarding its subject matter.

Erika Hood / Transformative Tides LLC
erika@transformativetides.com | www.transformativetides.com
7827 Town Square Ave, Suite 104-1019, O'Fallon, MO 63368