Service Contracts

SERVICE 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)

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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 roomONE HUNDRED DOLLARS ($100) for a one-on-one session of one hour (1h00); ONE HUNDRED AND FORTY-FIVE DOLLARS ($145) for a one-on-one session of one hour and 30 minutes (1h30) or ONE HUNDRED AND NINETY DOLLARS ($190) for a one-on-one session of two hours (2h00). 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.

(Appendices on the following pages)

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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.”

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THE PROVIDER
IN MONTREAL, APRIL 20^TH, 2024

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THE CLIENT
IN MONTREAL, APRIL 20^TH, 2024

– End of Appendix A –

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APPENDIX B – SANITARY MEASURES RELATED TO COVID-19

The CLIENT undertake to respect the following sanitary measures:

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.

1. Before making your appointment, make sure that your immunization is adequate at the time of the appointment, i.e. to have received, at least 2 weeks ago, at least one dose of the most recent vaccine (mRNA or PRA) against COVID-19, which is the one containing the variant XBB.1.5 and which was released on October 10th, 2023 (Spikevax XBB.1.5/Moderna or Comirnaty XBB.1.5/Pfizer-BioNTech).
2. 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).
3. When you arrive at Calia, you must present a valid piece of ID with a photo.
4. 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)).
5. Wearing a mask may or may not be mandatory for clients, depending on the epidemiological situation. Before entering Calia’s Space, you must remove your mask if you’re wearing one then you must disinfect your hands. If you want/need 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).
6. If wearing a mask is mandatory, it must be kept in place and cover the nose and mouth throughout the session.
7. The service contract includes an acknowledgment clause of the possible risk of infection with COVID-19 due to the nature of the activity.
8. Certain positions presenting a greater risk of infection may be refused.
9. 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.

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THE PROVIDER
IN MONTREAL, APRIL 20^TH, 2024

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THE CLIENT
IN MONTREAL, APRIL 20^TH, 2024

– End of Appendix B –

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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 April 20^TH, 2024, 1:30 pm 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

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THE CLIENT
IN MONTREAL, APRIL 20^TH, 2024

– End of Appendix C –

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