The Service Contracts were composed by a lawyer in order to protect both the client and the service provider.
In order to save on paper, storage space and to save the planet, contracts are signed directly on the computer, at Calia, just before the SessionDashboard.
and then saved in PDF format (in order to prevent any modification). Your contracts are then uploaded to your Calia Account in the “Reservations” section of yourSERVICE CONTRACT
for a
ONE-ON-ONE IN-PERSON SESSION
BETWEEN
Valérie Hébert-Gentile
(HEREINAFTER REFERRED TO AS THE “PROVIDER”)
AND
(First name Last name)
(THE CLIENT)
SERVICE CONTRACT signed in the city of Montreal, Quebec, Canada.
BETWEEN Valérie Hébert-Gentile, located at 8419 avenue Henri-Julien, in the city of Montréal, Québec province, H2P 2J5;
HEREINAFTER REFERRED TO AS THE “PROVIDER”;
AND (First name Last name), located at (address), in the city of (city), (province), (postal code);
HEREINAFTER REFERRED TO AS THE “CLIENT” (PRONOUNS: “THEY/THEIR”);
HEREINAFTER COLLECTIVELY REFERRED TO AS THE “PARTIES”.
RECITALS: THE PARTIES DECLARE AS FOLLOWS:
A) These recitals are an integral part of the Contract.
B) The PROVIDER is a professional offering her clients a cuddle service without any sexual connotation.
C) The PROVIDER aims to bring relaxation, a feeling of comfort, and security through an emotional, consensual, and platonic touch.
D) The service of the PROVIDER is not a licensed medical practice and should not replace the consultation of a healthcare professional, either physical or psychological.
E) Due to the physical proximity generated by the service, the PROVIDER reserves the right to choose her clients. However, this choice will not be in any case or circumstance based on grounds considered discriminatory according to the laws and regulations applicable in Quebec (such as gender, sexual orientation, religion, race, disability …).
F) Reciprocal consent, mutual respect, and security of the PARTIES are essential elements to the contract.
G) The relationship between the PARTIES is exclusively professional and is strictly limited to the scope of the session.
THE PARTIES AGREE AS FOLLOWS:
0.00 PURPOSE: The PROVIDER offers a platonic cuddling service in the form of a one-on-one session consisting of consensual physical contact aimed at bringing relaxation or comfort to the client, without any sexual connotation. The service takes place in the adapted, clean and safe premises of the Calia Câlinothérapie/Cuddle Therapy Institute, at 8419 Henri-Julien Avenue, Montreal, Quebec, H2P 2J5.
1.00 CONSIDERATION: In consideration for the service received, the CLIENT will pay the PROVIDER: SIXTY DOLLARS ($ 60) for each hour of one-on-one session + TWENTY DOLLARS ($ 20) for the preparation of the room. The PROVIDER reserves the right to offer the service for a lesser consideration than that agreed in this agreement.
2.00 TERMS OF PAYMENT: The amount due to the PROVIDER must be paid to her before the beginning of the session. If during a one-on-one session, the CLIENT requests to extend the duration of the service and the PROVIDER consents to the extension, the amount resulting from the extension will be paid to the PROVIDER without delay, at the end of the session.
3.00 PROVIDER’S OBLIGATIONS: The PROVIDER commits to creating a safe and soothing environment, through the practice of consent and the respect of boundaries. In this context, the places of performance of the service will always be kept clean and healthy. The PROVIDER commits to comply with Calia’s Code of Conduct set out in Appendix A. The PROVIDER commits to deploy its best effort in the performance of its service, but can not guarantee any result thereof. The PROVIDER will undertake the necessary steps to respect the confidentiality of the personal information provided by the client.
4.00 CLIENT’S OBLIGATIONS: The CLIENT must, at all times, show respect for the PROVIDER and their boundaries. Therefore, they must sign Calia’s Code of Conduct set out in Appendix A herein and agree to abide by it. The CLIENT must pay the PROVIDER the amount due without delay. Before the beginning of the session, the CLIENT must present to the PROVIDER a valid piece of ID with photo, allowing her to ensure their identity and that they are of the age of majority. The CLIENT must have NO SEXUAL EXPECTATIONS towards or from the PROVIDER. The CLIENT undertakes to apply all the sanitary measures put in place by the PROVIDER. The CLIENT agrees to cancel their session if they believes they present any risk of contagion from COVID-19 (presence of flu or COVID-19 symptoms; positive result in the COVID-19 screening test or have been in contact with someone who has or suspects they have COVID-19). The CLIENT agrees to notify the PROVIDER if they presents symptoms of influenza or COVID-19 or obtains a positive result in the COVID-19 screening test within 14 days of the session.
5.00 GENERALITIES
5.01 MANDATORY EFFECT OF THE CONTRACT: Reservations must be made via the PROVIDER’s website. However, due to the physical nature of the service, the contract will only take effect following the signing of this Agreement and Appendices A and B, with the signature of Appendix C being optional.
5.02 WARNING: The CLIENT recognizes the contagious nature of COVID-19 and understands that by subscribing to the PROVIDER’s service, they increases their risk of exposure to COVID-19.
5.03 CONDUCT OF THE SESSION: Each one-on-one session has a minimum duration of 1 hour. THE PARTIES may each terminate the session if their consent or boundaries has not been respected. The PROVIDER may terminate the session if, despite a warning, the CLIENT continues to disregard her boundaries and consent. In this case, the CLIENT must leave the premises without delay and can not claim a refund. The CLIENT may also terminate the session if the PROVIDER does not respect their boundaries or consent. In this case, the CLIENT may immediately leave the place of the service and may, at their option, be refunded in full or schedule a replacement session at another time.
5.04 SESSION RECORDING: The CLIENT is informed that a video surveillance system is installed on the premises of the service in order to ensure the safety of the PARTIES. They give permission so that the one-on-one session is filmed and viewed by the PROVIDER only and for the sole purpose of ensuring the quality of the service. The CLIENT also agrees to all, some, or none of the following uses and will sign for this purpose, Appendix C hereof:
Use of images for training purposes;
Use of images for the purpose of promoting the activities of the PROVIDER.
5.05 TERMS OF CANCELLATION OF A SESSION: When the CLIENT cancels their appointment for a one-on-one session 12 hours or more before the date of the session, the price paid will be refunded. When the CLIENT cancels the session less than 12 hours before the date of the session, the price paid for the session will be refunded minus the room preparation fee in the amount of TWENTY DOLLARS ($ 20). When the payment has not been made in advance, the room preparation fee will be added to the CLIENT’s next reservation. The fees imposed hereby for the cancellation of a session within a period of less than 12 hours will not be imposed when the CLIENT informs the PROVIDER that the cancellation is due to the presence of symptoms related to COVID-19 or due to contact with a positive or suspected positive for COVID-19.
5.06 JURISDICTION
5.06.01 SUBJECT: The Contract shall be interpreted and executed in accordance with the Applicable Laws of the Province of Quebec, Canada.
5.06.02 NON-COMPLIANCE
(A) Divisibility: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall, where possible, be construed, limited, or, if necessary, divided so as to eliminate such invalidity or unenforceability; where applicable, all other provisions of the Contract remain in effect and continue to bind the PARTIES.
(B) Alternative Provision: Where applicable, the PARTIES undertake to agree in good faith an enforceable alternative provision reproducing as faithfully as possible the original intention of the PARTIES or where the parties cannot agree on such a provision, to make, equitably between them, any adjustment which is necessary.
THE PROVIDER
IN MONTREAL, MAY 22ND, 2022
THE CLIENT
IN MONTREAL, MAY 22ND, 2022
(Appendices on the following pages)
APPENDIX A
CALIA’S CODE OF CONDUCT
The PARTIES undertake to respect the following code of conduct:
1. Be able to consent: Demonstrate legal age of consent AND to be visibly in possession of all your physical and mental faculties.
2. Be transparent: Disclose any physical and mental health problems that may be aggravated by cuddles or put other people at risk AND commit to expressing any discomfort experienced during your time at Calia.
3. Practice good hygiene: Before arriving, take a shower and brush your teeth. Upon arrival, change into clean, comfortable clothes (because clean cuddles are so much more enjoyable!). Apply current sanitary measures.
4. Be respectful: Respect Calia’s Space and everyone in it (clients and professional). All violence, of any kind, is strictly prohibited. Do not make judgments about yourself or others. Respect the privacy of others. Services are confidential and all information collected during them can not be disclosed.
5. Stay platonic (NO SEXUALITY): To avoid any ambiguity, everyone should have an appropriate and comfortable outfit, with the body covered from ankle to waist, from waist to the base of the neck, and from shoulders to the forearms (long pants and t-shirt) AND stay dressed throughout the whole time! No contact of erogenous or sexual zones. Hands must always stay on top of clothing. No saliva exchange. Mutual respect underpins all of the time spent at Calia and all actions must be devoid of any sexual connotations. The relationship between the client and the professional is purely professional and limited to the setting of the service. The ultimate advice: do not do anything you would not be comfortable doing in front of an 8-year-old child or your grandparents!
6. Respect your boundaries and those of others: (Read it carefully, it’s about “yours and those of others”. For some people, it is more difficult to respect one’s own boundaries, while for others, it is others’ boundaries that seem less important. Here, the boundaries of everyone are important!) Respect, at all times, personal boundaries of yourself, others, and the professional. Personal boundaries are the invisible lines beyond which one begins to feel uncomfortable. Boundaries are variable and can change at any time and depending on several factors such as the context, the approach, the partner, and especially the intent. It is therefore up to the person themself to decide if and when their boundaries have been reached or not.
7. Practice consent: (Same here, the consent of everyone is important!) Practicing consent is making sure that everyone is, at all times, perfectly comfortable with what is happening (see the Guide to Consent).
GUIDE TO CONSENT
(The summary below as well as the more detailed explanations found on the website (https://caliact.com/en/code-conduct/guide-consent/) are given as a summary without any responsibility or commitment on our part. The optimal application of this guide requires participation in at least one full session or workshop.)Practicing consent is making sure that everyone is, at all times, perfectly comfortable with what is happening;
that you have the right kind of FIRES.
* I TAKE CARE OF MYSELF: I listen and respect myself
“How am I feeling right now?” “What’s wrong?” “What’s missing?”
* I ASK FOR WHAT I WANT: with precision, but without pressure
(need, strategy, intention)
“I need… so I would like… What do you think?”
* I APPRECIATE OTHERS’ RESPONSES:
If it’s not the right kind of FIRES, forget it
“Thank you for taking care of yourself!”
* I GIVE HONEST ANSWERS: because I took the time to think about it
“No, thank you.” “No, but…” “I wanna try.” “Oh YES, please!”
* I RESPECT MY OWN BOUNDARIES: as soon as I’m uncomfortable, I speak up
“That was great, thanks!” “Thank you, that’s enough for me.” “I’ve changed my mind.”
THE PROVIDER
IN MONTREAL, MAY 22ND, 2022
THE CLIENT
IN MONTREAL, MAY 22ND, 2022
– End of Appendix A –
APPENDIX B – SANITARY MEASURES RELATED TO COVID-19
The CLIENT undertake to respect the following code of conduct:
In order to allow the resumption of in-person services, the PROVIDER has put in place several sanitary measures in order to limit the spread of COVID-19.
Due to the PROVIDER’s personal situation and the special nature of the service, one-on-one in-person sessions can only be provided to people who have been adequately immunized (other services are available for people who have not been adequately immunized).
Calia reserves the right to modify these sanitary measures or to suspend in-person services at any time depending on the epidemiological situation.
Please read these measures carefully, as failure to comply with the measures put in place will result in the expulsion of the PROVIDER’s premises.
- Before making your appointment, make sure that your immunization is adequate at the time of the appointment, i.e. if you have had COVID-19, you need a minimum of two doses (the last one being more than two weeks old), but if you have never had COVID-19, you need a minimum of two doses (the last one being more than two weeks old but less than 6 months old).
- Before coming to Calia, you check if you are at risk of COVID-19 contagion (presence of flu or COVID-19 symptoms; recent positive result in the COVID-19 screening test, or have been in contact with someone who has or suspects to have COVID-19). If this is the case, you must contact the PROVIDER and cancel your session at no cost (there is no cancellation fee in the event of COVID-19) or consequences (you can reschedule an appointment and cancel again as often as necessary).
- When you arrive at Calia, you must present your vaccination passport, AND a valid piece of ID with a photo.
- Once inside, you must go to the bathroom to change your clothes (clean, comfortable and decent clothes (minimum pants and t-shirt, no shorts or camisole)).
- Before entering Calia’s Space, you must disinfect your hands. If you want to wear a mask during the session, a new disposable surgical mask will be provided to you by the PROVIDER (the PROVIDER will be wearing a mask throughout the session).
- The service contract includes an acknowledgment clause of the possible risk of infection with COVID-19 due to the nature of the activity.
- Certain positions presenting a greater risk of infection may be refused.
- You agree to notify the PROVIDER in the event of the appearance of flu or COVID-19 symptoms or obtaining a positive result in the COVID-19 screening test within the next 14 days following the session.
THE PROVIDER
IN MONTREAL, MAY 22ND, 2022
THE CLIENT
IN MONTREAL, MAY 22ND, 2022
– End of Appendix B –
APPENDIX C – CONSENT FOR USE OF SESSION RECORDING
I, the undersigned, (First name Last name) hereby give my consent that the images filmed during the one-on-one in-person session of May 22nd, 2022, 9h00 be used for the following purposes:
Use of images for training purposes.
Use of images for the purpose of promoting the activities of the PROVIDER
THE CLIENT
IN MONTREAL, MAY 22ND, 2022
– End of Appendix C –
If you accept to follow all sanitary measures, you can consider booking an in-person Cuddle Therapy Session
SERVICE CONTRACT for a ONE-ON-ONE SESSION
BETWEEN
Valérie Hébert-Gentile (HEREINAFTER REFERRED TO AS THE “PROVIDER”)
AND
(First name Last name) (THE CLIENT)
SERVICE CONTRACT signed in the city of Montreal, Quebec, Canada. BETWEEN Valérie Hébert-Gentile, located at 8419 avenue Henri-Julien, in the city of Montréal, Québec province, H2P 2J5; HEREINAFTER REFERRED TO AS THE “PROVIDER”; AND (First name Last name), located at (address), in the city of (city), (province), (postal code); HEREINAFTER REFERRED TO AS THE “CLIENT” (PRONOUNS: “THEY/THEIR”) HEREINAFTER COLLECTIVELY REFERRED TO AS THE “PARTIES”.
RECITALS: THE PARTIES DECLARE AS FOLLOWS: A) Theses recitals are an integral part of the Contract. B) The PROVIDER is a professional offering her clients a cuddle service without any sexual connotation. C) The PROVIDER aims to bring relaxation, a feeling of comfort and security through an emotional, consensual and platonic touch. D) The service of the PROVIDER is not a licensed medical practice and should not replace the consultation of a healthcare professional, either physical or psychological. E) Due to the physical proximity generated by the service, the PROVIDER reserves the right to choose her clients. However, this choice will not be in any case or circumstance based on grounds considered discriminatory according to the laws and regulations applicable in Quebec (such as gender, sexual orientation, religion, race, disability …). F) Reciprocal consent, mutual respect and security of the PARTIES are essential elements to the contract. G) The relationship between the PARTIES is exclusively professional and is strictly limited to the scope of the session.THE PARTIES AGREE AS FOLLOWS: 0.00 PURPOSE: The PROVIDER offers a platonic cuddling service in the form of an individual session consisting of consensual physical contact aimed at bringing relaxation or comfort to the client, without any sexual connotation. The service takes place in the adapted, clean and safe premises of the Calia câlinothérapie / cuddle therapy Institute, at 8419 Henri-Julien avenue, Montreal, Quebec, H2P 2J5. 1.00 CONSIDERATION: In consideration for the service received, the CLIENT will pay the PROVIDER: SIXTY DOLLARS ($ 60) for each hour of one-on-one session + TWENTY DOLLAR ($ 20) for the preparation of the room. 2.00 TERMS OF PAYMENT: The amount due to the PROVIDER must be paid to her before the beginning of the session. 3.00 PROVIDER’S OBLIGATIONS: The PROVIDER commits to create a safe and soothing environment, through the practice of consent and the respect of boundaries. In this context, the places of performance of the service will always be kept clean and healthy. The PROVIDER commits to comply with the Calia’s Code of Conduct set out in Appendix A. The PROVIDER commits to deploy its best effort in the performance of its service, but can not guarantee any result thereof. The PROVIDER will undertake the necessary steps to respect the confidentiality of the personal information provided by the client. 4.00 CUSTOMER’S OBLIGATIONS: The CLIENT must, at all times, show respect for the PROVIDER and their boundaries. Therefore, they must sign the Calia’s Code of Conduct set out in Appendix A herein and agree to abide by it. The CLIENT must pay the PROVIDER the amount due without delay. Before the beginning of the session, the CLIENT must present to the PROVIDER a valid piece of ID with a photograph, allowing her to ensure their identity and that they are of the age of majority. The CLIENT must have NO SEXUAL EXPECTATIONS towards or from the PROVIDER. 5.00 GENERALITIES 5.01 MANDATORY EFFECT OF THE CONTRACT: Reservations must be made via the PROVIDER’s website. However, due to the physical nature of the service, the contract will only take effect following the signing of this Agreement and Annex A, with the signature of Annex B being optional. 5.02 CONDUCT OF THE SESSION: Each One-on-one session has a minimum duration of 1 hour. THE PARTIES may each terminate the session if their consent or boundaries has not been respected. The PROVIDER may terminate the session if, despite a warning, the CLIENT continues to disregard her boundaries and consent. In this case, the CLIENT must leave the premises without delay and can not claim a refund. The CLIENT may also terminate the session if the PROVIDER does not respect their boundaries or consent. In this case, the CLIENT may immediately leave the place of the service and may, at their option, be refunded in full or schedule a replacement session with another cuddler of the Institute. 5.03 SESSION RECORDING: The CLIENT is informed that a video surveillance system is installed in the premises of the service in order to ensure the safety of the PARTIES. They give permission, so that the individual session is filmed and viewed by the PROVIDER only and for the sole purpose of ensuring the quality of the service. The CLIENT also agrees to all or some of the following uses and will sign for this purpose, Appendix B hereof: Use of images for training purposes. Use of images for the purpose of promoting the activities of the PROVIDER. 5.04 CANCELLATION OF A SESSION: When the CLIENT cancels their appointment for an individual session 12 hours or more before the date of the session, the price paid will be refunded. When the CLIENT cancels the session less than 12 hours before the date of the session, the price paid for the session will be refunded minus the room preparation fee in the amount of TWENTY DOLLARS ($ 20). When the payment has not been made in advance, the room preparation fee will be added to the CLIENT’s next reservation. No refund will be given to the CLIENT who cancels for the third time an individual session less than 12 hours before the scheduled date and / or a workshop less than 24 hours before the scheduled date. 5.05 JURISDICTION 5.05.01 SUBJECT: The Contract shall be interpreted and executed in accordance with the Applicable Laws of the Province of Quebec, Canada. 5.05.02 NON-COMPLIANCE (A) Divisibility: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall, where possible, be construed, limited or, if necessary, divided so as to eliminate such invalidity or unenforceability; where applicable, all other provisions of the Contract remain in effect and continue to bind the PARTIES. (B) Alternative Provision: Where applicable, the PARTIES undertake to agree in good faith an enforceable alternative provision reproducing as faithfully as possible the original intention of the PARTIES or where the parties cannot agree on such a provision, to make, equitably between them, any adjustment which is necessary.
THE PROVIDER
IN MONTREAL, OCTOBER 25TH, 2018
THE CLIENT
IN MONTREAL, OCTOBER 25TH, 2018
(Appendices on the following pages)
APPENDIX A – CALIA’S CODE OF CONDUCT
The PARTIES undertake to respect the following code of conduct: 1. Be able to consent: Demonstrate legal age of consent AND to be visibly in possession of all one’s physical and mental faculties. 2. Be transparent: Disclose any health problems that may be aggravated by cuddles AND commit to expressing any discomfort experienced during the session or the workshop. 3. Practice good hygiene: Before arriving, take a shower, brush teeth and put on clean, comfortable clothes (because clean cuddles are so much more enjoyable!) 4. Be respectful: Respect Calia’s Space and everyone in it (clients and cuddlers). All violence, of any kind, is strictly prohibited. Do not make judgments about oneself or others. Respect the privacy of others. Sessions and workshops are confidential and all information collected during them can not be disclosed. 5. Be platonic (NO SEXUALITY): To avoid any ambiguity, everyone should have an appropriate and comfortable outfit, with the body covered from ankle to waist, from waist to the base of the neck, and from shoulders to the forearms (long pants and t-shirt) AND stay dressed throughout the whole session or workshop! No contact of erogenous or sexual zones. Hands must always stay on top of clothing. No saliva exchanges. Mutual respect underpins the entire session and/or workshop and all actions must be devoid of any sexual connotations. The relationship between the cuddler and the client is exclusively professional and strictly limited to the setting of the session or workshop. The ultimate advice: do not do anything you would not be comfortable doing in front of an 8 years old child, your grandmother, your priest or all three at the same time! 6. Respect the boundaries of one’s self and others: (Read it carefully, it says “of one’s self and others.” For some people, it is more difficult to respect one’s own boundaries, while for others, it is others’ boundaries that seem less important. Here, the boundaries of everyone are important!) Respect, at all times, fixed and variable personal boundaries of oneself, others and cuddlers. Personal boundaries are the invisible lines beyond which one begins to feel uncomfortable. Fixed boundaries are generally constant while variable boundaries can change depending on several factors such as context, the approach, the partner, and especially intent. It is therefore up to the person themself to decide if and when their variable limit is actually a limit or not. 7. Practice consent: (Same here, the consent of everyone is important!) Practicing consent is to ensure that everyone, at all times, is perfectly comfortable with, and fully knowledgeable of what is happening (see the Guide to Consent). *Failure to comply with Calia’s Code of Conduct will result in expulsion.Guide to Consent
(The explanations below are given as a summary without any responsibility or commitment on our part. The optimal application of this guide requires participation in at least one full workshop.) * I MUST TAKE CARE OF MYSELF: Taking responsibility for our own well-being is to, above all, be honest with ourselves and to really identify what we do or do not want. Ask yourself as often as you can about how you feel and make sure the answer is always “Fantastic!”. * I CAN ASK, AS LONG AS…: You can ask anything (as long as it’s within the Code of Conduct) to anyone. There are three types of requests: – Would you like me to hug you? – Would you like to hug me? – Would you like a hug? Three conditions: 1. Be specific: – What kind of cuddle? – What part of the body? – Where in the room? – For how long? – Etc. 2. Wait for the answer in a neutral way: DO NOT do anything until you have a YES. Do not put pressure on the other person with your body language or intonation; you want the person to feel comfortable saying no if they need to say no. 3. Go step by step: Just because someone said YES to a caress on the arm, you do not have a green light to also caress the shoulder, the back, the hair, etc. (unless you’ve been given carte blanche). * I AM GRATEFUL FOR HONEST ANSWERS: The person said NO? That’s wonderful! This means that this person is taking care of themself; because by saying NO to you, they said YES to themself! And if this person can actually take care of themself, it means that if one day they say YES, it will be a real YES! No pretending, no discomfort, no remorse! Moreover, if they had said YES, when they really wanted to say NO, the hug would not have been that nice! * I HAVE THE RIGHT TO SAY NO: Regardless of the request or the person asking, if you do not feel 100% enthusiastic about the idea, you have the right, even the duty, to say “NO, thank you”. Oh, and “No” is a complete sentence! You do not need to add reasons or explanations, you can simply say “No, thank you”. During a cuddle therapy session or workshop, we trust that everyone is able to manage their own feelings and that no one will feel insulted or hurt at being rejected (see the previous rule). * I HAVE THE RIGHT TO CHANGE MY MIND: At any time, and for whatever reason, you have the right to change your mind. You said YES to a particular cuddle, but now you want to stop or change the cuddle? Whether it’s 20 minutes, 5 minutes or even 1 second later, just say “Thank you, that’s enough for me”! You said NO and now you have changed your mind and would like to try? Well, go ahead and ask (see the second rule)!THE PROVIDER
IN MONTREAL, OCTOBER 25TH, 2018
THE CLIENT
IN MONTREAL, OCTOBER 25TH, 2018
– End of Appendix A –
APPENDIX B – CONSENT FOR USE OF SESSION RECORDING
I, the undersigned, (First name Last name) hereby give my consent that the images filmed during the One-on-one Session of October 25th, 2018, 9h00 be used for the following purposes: Use of images for training purposes. Use of images for the purpose of promoting the activities of the PROVIDERTHE CLIENT
IN MONTREAL, OCTOBER 25TH, 2018
– End of Appendix B –
SERVICE CONTRACT for a CUDDLE WORKSHOP
BETWEEN
Valérie Hébert-Gentile (HEREINAFTER REFERRED TO AS THE “PROVIDER”)
AND
(First name Last name) (THE CLIENT)
SERVICE CONTRACT signed in the city of Montreal, Quebec, Canada. BETWEEN Valérie Hébert-Gentile, located at 8419 avenue Henri-Julien, in the city of Montréal, Québec province, H2P 2J5; HEREINAFTER REFERRED TO AS THE “PROVIDER”; AND (First name Last name), located at (address), in the city of (city), (province), (postal code); HEREINAFTER REFERRED TO AS THE “CLIENT” (PRONOUNS: “THEY/THEIR”) HEREINAFTER COLLECTIVELY REFERRED TO AS THE “PARTIES”.
RECITALS: THE PARTIES DECLARE AS FOLLOWS: A) Theses recitals are an integral part of the Contract. B) The PROVIDER is a professional offering her clients a cuddle service without any sexual connotation. C) The PROVIDER aims to bring relaxation, a feeling of comfort and security through an emotional, consensual and platonic touch. D) The service of the PROVIDER is not a licensed medical practice and should not replace the consultation of a healthcare professional, either physical or psychological. E) Due to the physical proximity generated by the service, the PROVIDER reserves the right to choose her clients. However, this choice will not be in any case or circumstance based on grounds considered discriminatory according to the laws and regulations applicable in Quebec (such as gender, sexual orientation, religion, race, disability…). F) Reciprocal consent, mutual respect and security of the PARTIES are essential elements to the contract. G) The relationship between the PARTIES is exclusively professional and is strictly limited to the scope of the workshop.THE PARTIES AGREE AS FOLLOWS: 0.00 PURPOSE: The PROVIDER offers a platonic cuddling service in the form of a group workshop that brings together several people (including training followed by practical application), consisting of consensual physical contact aimed at bringing relaxation or comfort to the client, without any sexual connotation. The service takes place in the adapted, clean and safe premises of the Calia câlinothérapie / cuddle therapy Institute, at 8419 Henri-Julien avenue, Montreal, Quebec, H2P 2J5. 1.00 CONSIDERATION: In consideration for the service received, the CLIENT will pay the PROVIDER: TWENTY FIVE DOLLARS ($ 25) per person per workshop. 2.00 TERMS OF PAYMENT: The amount due to the PROVIDER must be paid to her before the beginning of the workshop. 3.00 PROVIDER’S OBLIGATIONS: The PROVIDER commits to create a safe and soothing environment, through the practice of consent and the respect of boundaries. In this context, the places of performance of the service will always be kept clean and healthy. The PROVIDER commits to comply with the Calia’s Code of Conduct set out in Appendix A. The PROVIDER commits to deploy its best effort in the performance of its service, but can not guarantee any result thereof. The PROVIDER will undertake the necessary steps to respect the confidentiality of the personal information provided by the client. 4.00 CUSTOMER’S OBLIGATIONS: The CLIENT must, at all times, show respect for the PROVIDER and other clients and their boundaries. Therefore, they must sign the Calia’s Code of Conduct set out in Appendix A herein and agree to abide by it. The CLIENT must pay the PROVIDER the amount due without delay. Before the beginning of the workshop, the CLIENT must present to the PROVIDER a valid piece of ID with a photograph, allowing her to ensure their identity and that they are of the age of majority. The CLIENT must have NO SEXUAL EXPECTATIONS towards or from the PROVIDER and / or other clients. 5.00 GENERALITIES 5.01 MANDATORY EFFECT OF THE CONTRACT: Reservations must be made via the PROVIDER’s website. However, due to the physical nature of the service, the contract will only take effect following the signing of this Agreement and Annex A, with the signature of Annex B being optional. The signature of this contract (except for Annex B) applies to each of the workshops in which the client participates going on. The signature of Annex B should be done at each workshop. 5.02 WORKSHOP PROCEDURE: The workshops last 3 hours and a half. Each workshop has a theoretical learning phase of about 1 hour followed by 2 hours of practice. The CLIENT may leave the workshop at any time although it is desirable that they attend the entire theoretical part. A CLIENT who leaves the workshop before the beginning of the second phase will receive a full refund. However, no refund will be given to a client who leaves the workshop after the start of the second phase. The PROVIDER may ask a client who does not respect the Code of Conduct and / or the boundaries of the PROVIDER and / or other clients to leave the premises. In this case, no refund will be granted. 5.03 WORKSHOP RECORDING: The CLIENT is informed that a video surveillance system is installed in the premises of the service in order to ensure the safety of the PARTIES. They give permission, so that the workshop is filmed and viewed by the PROVIDER only and for the sole purpose of ensuring the quality of the service. The CLIENT also agrees to all or some of the following uses and will sign for this purpose, Appendix B hereof: Use of images for training purposes. Use of images for the purpose of promoting the activities of the PROVIDER. 5.04 CANCELLATION OF A WORKSHOP: When the CLIENT cancels their participation in a workshop 24 hours or more before the date of the workshop, the price paid will be refunded. When the CLIENT cancels the workshop less than 24 hours before the date of the workshop, they can obtain a refund of 50% of the price paid. When the payment has not been made in advance, the amount to be paid will be added to the CLIENT’s next reservation. No refund will be given to the CLIENT who cancels for the third time an individual session less than 12 hours before the scheduled date and / or a workshop less than 24 hours before the scheduled date. 5.05 JURISDICTION 5.05.01 SUBJECT: The Contract shall be interpreted and executed in accordance with the Applicable Laws of the Province of Quebec, Canada. 5.05.02 NON-COMPLIANCE (A) Divisibility: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall, where possible, be construed, limited or, if necessary, divided so as to eliminate such invalidity or unenforceability; where applicable, all other provisions of the Contract remain in effect and continue to bind the PARTIES. (B) Alternative Provision: Where applicable, the PARTIES undertake to agree in good faith an enforceable alternative provision reproducing as faithfully as possible the original intention of the PARTIES or where the parties cannot agree on such a provision, to make, equitably between them, any adjustment which is necessary.
THE PROVIDER
IN MONTREAL, OCTOBER 25TH, 2018
THE CLIENT
IN MONTREAL, OCTOBER 25TH, 2018
(Appendices on the following pages)
APPENDIX A – CALIA’S CODE OF CONDUCT
The PARTIES undertake to respect the following code of conduct: 1. Be able to consent: Demonstrate legal age of consent AND to be visibly in possession of all one’s physical and mental faculties. 2. Be transparent: Disclose any health problems that may be aggravated by cuddles AND commit to expressing any discomfort experienced during the session or the workshop. 3. Practice good hygiene: Before arriving, take a shower, brush teeth and put on clean, comfortable clothes (because clean cuddles are so much more enjoyable!) 4. Be respectful: Respect Calia’s Space and everyone in it (clients and cuddlers). All violence, of any kind, is strictly prohibited. Do not make judgments about oneself or others. Respect the privacy of others. Sessions and workshops are confidential and all information collected during them can not be disclosed. 5. Be platonic (NO SEXUALITY): To avoid any ambiguity, everyone should have an appropriate and comfortable outfit, with the body covered from ankle to waist, from waist to the base of the neck, and from shoulders to the forearms (long pants and t-shirt) AND stay dressed throughout the whole session or workshop! No contact of erogenous or sexual zones. Hands must always stay on top of clothing. No saliva exchanges. Mutual respect underpins the entire session and/or workshop and all actions must be devoid of any sexual connotations. The relationship between the cuddler and the client is exclusively professional and strictly limited to the setting of the session or workshop. The ultimate advice: do not do anything you would not be comfortable doing in front of an 8 years old child, your grandmother, your priest or all three at the same time! 6. Respect the boundaries of one’s self and others: (Read it carefully, it says “of one’s self and others.” For some people, it is more difficult to respect one’s own boundaries, while for others, it is others’ boundaries that seem less important. Here, the boundaries of everyone are important!) Respect, at all times, fixed and variable personal boundaries of oneself, others and cuddlers. Personal boundaries are the invisible lines beyond which one begins to feel uncomfortable. Fixed boundaries are generally constant while variable boundaries can change depending on several factors such as context, the approach, the partner, and especially intent. It is therefore up to the person themself to decide if and when their variable limit is actually a limit or not. 7. Practice consent: (Same here, the consent of everyone is important!) Practicing consent is to ensure that everyone, at all times, is perfectly comfortable with, and fully knowledgeable of what is happening (see the Guide to Consent). *Failure to comply with Calia’s Code of Conduct will result in expulsion.Guide to Consent
(The explanations below are given as a summary without any responsibility or commitment on our part. The optimal application of this guide requires participation in at least one full workshop.) * I MUST TAKE CARE OF MYSELF: Taking responsibility for our own well-being is to, above all, be honest with ourselves and to really identify what we do or do not want. Ask yourself as often as you can about how you feel and make sure the answer is always “Fantastic!”. * I CAN ASK, AS LONG AS…: You can ask anything (as long as it’s within the Code of Conduct) to anyone. There are three types of requests: – Would you like me to hug you? – Would you like to hug me? – Would you like a hug? Three conditions: 1. Be specific: – What kind of cuddle? – What part of the body? – Where in the room? – For how long? – Etc. 2. Wait for the answer in a neutral way: DO NOT do anything until you have a YES. Do not put pressure on the other person with your body language or intonation; you want the person to feel comfortable saying no if they need to say no. 3. Go step by step: Just because someone said YES to a caress on the arm, you do not have a green light to also caress the shoulder, the back, the hair, etc. (unless you’ve been given carte blanche). * I AM GRATEFUL FOR HONEST ANSWERS: The person said NO? That’s wonderful! This means that this person is taking care of themself; because by saying NO to you, they said YES to themself! And if this person can actually take care of themself, it means that if one day they say YES, it will be a real YES! No pretending, no discomfort, no remorse! Moreover, if they had said YES, when they really wanted to say NO, the hug would not have been that nice! * I HAVE THE RIGHT TO SAY NO: Regardless of the request or the person asking, if you do not feel 100% enthusiastic about the idea, you have the right, even the duty, to say “NO, thank you”. Oh, and “No” is a complete sentence! You do not need to add reasons or explanations, you can simply say “No, thank you”. During a cuddle therapy session or workshop, we trust that everyone is able to manage their own feelings and that no one will feel insulted or hurt at being rejected (see the previous rule). * I HAVE THE RIGHT TO CHANGE MY MIND: At any time, and for whatever reason, you have the right to change your mind. You said YES to a particular cuddle, but now you want to stop or change the cuddle? Whether it’s 20 minutes, 5 minutes or even 1 second later, just say “Thank you, that’s enough for me”! You said NO and now you have changed your mind and would like to try? Well, go ahead and ask (see the second rule)!THE PROVIDER
IN MONTREAL, OCTOBER 25TH, 2018
THE CLIENT
IN MONTREAL, OCTOBER 25TH, 2018
– End of Appendix A –
APPENDIX B – CONSENT FOR USE OF WORKSHOP RECORDING
I, the undersigned, (First name Last name) hereby give my consent that the images filmed during the Cuddle Workshop of October 25th, 2018 be used for the following purposes: Use of images for training purposes. Use of images for the purpose of promoting the activities of the PROVIDERTHE CLIENT
IN MONTREAL, OCTOBER 25TH, 2018
– End of Appendix B –
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Calia Institut
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