Soul y Sombra
AGREEMENT FOR SERVICE / INFORMED CONSENT
This Agreement is entered into by the individual purchasing service and named at check out (Herin “Client(s), him/her”). This agreement also is intended to provide client with important information regarding the practices, policies, and procedures of the somatic educational and coaching services of Soul y Sombra, (herein “Company”), and to clarify the terms of the relationship between somatic coach and Client. Any questions or concerns regarding the content of this Agreement should be discussed with your somatic coach, Melizza Esperanza LCSW, prior to the commencement of coaching services.
About Soul y Sombra
Soul y Sombra is a non-clinical, experiential, coaching and education-based practice with three pillars:
Somatic Support – Nervous system literacy, self-regulation skill building and support with releasing physiological activation from the body through Somatic Experiencing (SE). SE is a naturalistic form of healing that helps to settle and release physiological activation from your body. This process helps people to reduce stress and return to a sense of regulation and mastery in their lives. Somatic support will be offered through presentations, consultations, individual somatic support sessions, group somatic support sessions, courses, digital guide, and free psychoeducation on our website, and social media accounts.
Soulful Living – Lifestyle education around home rhythms, food, beauty, motherhood, seasonal living, and creative practices. May include affiliate links and free/low-cost PDFs.
Shared Ritual – Non-clinical ritual guidance such as grief rituals, seasonal practices, daily grounding rituals, and downloadable PDFs.
All somatic support sessions (individual and group) are educational, experiential and non-clinical. All sessions will be remote virtual sessions.
About Melizza Esperanza, LCSW:
I am a somatic coach and licensed clinical social worker. I have over 15 years of experience as a licensed clinical social worker supporting individuals and families through trauma, grief, depression, anxiety, illness, end of life, and major life transitions. My approach is warm, relational, and integrative. I draw from training in Somatic Experiencing, EMDR, Internal Family Systems (IFS), Acceptance and Commitment Therapy (ACT), Dialectical Behavior Therapy (DBT), and Cognitive Behavioral Therapy (CBT). My work is also deeply informed by years of experience in hospice, palliative care, and trauma-informed settings. I also have experience and additional training in working with adults of emotionally immature parents or caregivers. I founded Soul y Sombra as a sanctuary to slow down, reconnect, and live with more intention and wholeness.
Soul y Sombra offers somatic education and coaching, a space for learning and embodiment rather than psychotherapy. My services provided to you through Soul y Sombra are that of a somatic coach and educator. All services are non-clinical, non-diagnostic, and non-therapeutic. There is no therapist/patient relationship created by these services.
Client fully understands, acknowledges, and accepts that no therapy, psychotherapy, social work, clinical, diagnostic, or patient services are provided or created under this Agreement through Soul y Sombra and Melizza Esperanza, LCSW. If Client seeks services other than somatic coaching and education, Client can discuss with Company and Company will advise if it can assist.
Fee and Fee Arrangements
Although a sliding scale is offered in some cases, the usual and customary fees for services are as follows:
Individual Somatic Support
• 50 minutes: $125.00
• 75 minutes: $175.00
• 90 minutes: $200.00
Personalized somatic support centered on understanding the patterns of your nervous system. These sessions support increasing capacity, presence, and flexibility. This work helps reduce overwhelm, build steadiness, and create more ease in daily life.
Group Somatic Support
• 50 minutes: $60.00
• 75 minutes: $90.00
• 90 minutes: $120.00
Group sessions focused on learning, practicing, and integrating nervous system skills in community. Groups offer a shared, relational space to build regulation, presence, and capacity while learning from both guided practices and at times collective reflection.
No insurance accepted. All sessions are cash pay.
Confidentiality
The information disclosed by Client is generally confidential and will not be released to any third party without written authorization (Release and Exchange) from the Client, except where required or permitted by law.
Records and Record Keeping
As a way to track important information and document Client progress I may take notes during sessions. Sessions will be remote and I may ask Client’s permission to record the sessions. No session will be recorded without Client’s express permission. I will however make notes and records regarding the Client’s progress. These notes constitute both non-clinical and business records, which, by law, I am required to maintain and are the sole property of Soul y Sombra. Should a client request a copy of these records, such a request must be made in writing. There is a $50.00 fee for each request. I reserve the right, under California law, to provide the Client with a summary of my notes. I also reserve the right to refuse to produce a copy of the record under certain circumstances that may pose a risk to the Client or others. I will maintain Client’s notes for seven years following termination of education and coaching.
Cancellations
If Client needs to cancel or change an individual appointment, they must do so at least 2 business days in advance. If Client fails to show to a scheduled appointment, and does not provide 2 business days’ notice, Client will be charged for the full appointment. Exceptions to this policy include illness and medical emergencies. Cancellation notice should be e-mailed to hello@soulysombra.com. Group registrations are non-refundable. It is the client's responsibility to ensure the dates and times work for them before enrolling.
Termination
Company and Client can terminate services at any time for any reason. Client will owe any outstanding balances for services at the time of terminations and agrees to pay the balance at the time of termination of services.
Litigation
I will not voluntarily participate in any litigation in which the Client and another individual, or entity, are parties. I have a policy of not communicating with Client attorneys and will generally not write or sign letters, reports, declarations, or affidavits to be used in legal proceedings. Nor will I generally provide records or testimony unless compelled to do so. Should I be subpoenaed, or ordered by a court of law, to appear in a legal action involving the Client, Client agrees to reimburse me for any time spent in preparation, travel, or other time in which I have made myself available for such an appearance. Compensation is at usual and customary hourly rate of $250.00 hour.
Ownership of Intangibles
All processes, inventions, patents, copyrights, trademarks, and other intangible rights of Soul y Sombra and Melizza Esperanza LCSW are the sole property of Company. All processes, inventions, patents, copyrights, trademarks, and other intangible rights that may be conceived or developed during the services provided to Client shall be the sole property of Company.
Non-Affiliation
Company is not affiliated, sponsored, or endorsed by any current or previous entities, including, but not limited, the Regents of the University of California, UCSD, UC San Diego Health, any other UC entity, or medical facility.
Clinical Clients and Boundaries
Current clinical clients should not participate in Soul y Sombra offerings, courses, sessions, affiliate links, or social media engagement. This helps protect the therapeutic relationship and avoid dual roles.
Educational Only
Soul y Sombra does not provide therapy, diagnosis, or treatment, and social media engagement does not establish a therapeutic relationship. Soul y Sombra offerings are designed for nervous system education, self-awareness, and general well-being, and although they can be experiential, they are not a substitute for psychotherapy, medical care, or any licensed health service. Participation in these offerings does not create a therapist and client relationship. If in a crisis, call 9-1-1, 9-8-8, or go to the nearest emergency room.
All information, guidance, and practices are for personal and educational purposes only. Soul y Sombra makes no representations or warranties regarding the educational and coaching results or value. By choosing to engage with Soul y Sombra content or sessions, Client agrees that they are participating voluntarily and at their own risk. Client accepts full responsibility for their physical, emotional, and mental well-being while using or applying any of the materials shared.
No Liability of Company and Indemnity by Client
Soul y Sombra is not liable for any injury, loss, or adverse outcome that may result from the services, your participation, or reliance on this information. Client agrees to defend with counsel acceptable to Company, and to fully indemnify and hold harmless, Company and any of its affiliates, from any injury, loss, harm, claim, claim for attorney’s fees, demand, expense, cost, liability, lawsuit, litigation, or damage of any nature or kind, arising directly or indirectly or in any way connected with and/or claimed to relate to this Agreement and the services provided.
Dispute Resolution and Binding Arbitration
The parties to this agreement all desire to avoid the cost and delay attendant with litigation. To that end, all parties agree that if any dispute arises relating to this agreement including, but not limited to, scope of services, payment, its meaning, interpretation, effect, or enforcement of the provisions thereof, then the party who believes a dispute has arisen shall give written notice of such to all other parties. For a period of 90 days after giving such notice, the parties shall attempt to resolve the dispute by informal discussions among themselves, using the services of a neutral mediator. If, for any dispute or claim, a party refuses to first attempt to resolve the matter through mediation, or refuses to mediate after a request for mediation has been made, then that party is not entitled to recover attorney’s fees and costs even if they would otherwise be available to the party under this agreement.
If informal dispute resolution through mediation as referenced above does not resolve the dispute, the parties to this agreement agree that the dispute shall be finally settled by arbitration in accordance with the American Arbitration Association commercial rules. The venue for any arbitration hearing will be held in San Diego County, in the state of California. The arbitrator’s award shall be final and binding upon the parties. The arbitrator shall award the prevailing party its reasonable attorney’s fees and costs. If necessary, a party can file a petition with the Superior Court to compel arbitration under the terms of this agreement. Judgment on any award of the arbitrator may be entered in any Court having jurisdiction thereof.
Integration
This Agreement contains the entire agreement between the parties and supersedes all prior or contemporaneous oral and written agreements, understandings, commitments, and practices between them, whether or not fully performed before the date of this Agreement. Client represents and warrants that Client is not relying on any representations made before or outside of this Agreement. No oral modifications, express or implied, may alter or vary the terms of this Agreement. No amendments to this Agreement may be made except by a writing signed by both parties. Any representations contrary to this Agreement, express or implied, written or oral, made after the date of this Agreement are hereby disclaimed.
Cooperation in Terms and Agreement
Each party has cooperated in the terms, drafting, and preparation of this Agreement. Therefore, no provision of this Agreement shall be interpreted against any party because that party, or their respective legal representative, drafted the provision.
Severability
If any term, provision, or part of this Agreement is found by a court to be invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other terms, provisions, and parts of this Agreement shall nevertheless remain in full force and effect as long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. On such determination that any term, provision, or part of this Agreement is invalid, illegal, or incapable of being enforced, this Agreement shall be deemed to be modified so as to effect the parties’ original intent as closely as possible to the end that the transactions contemplated by this Agreement and the terms and provisions of this Agreement are fulfilled to the greatest extent possible.
Amendments
No amendments or other modifications to this Agreement may be made except by a writing signed by both parties.
Counterparts
This Agreement may be executed on separate copies, any one of which need not contain signatures of more than one party, but all of which taken together will constitute one and the same Agreement.
Acknowledgement
By entering name as digital signature at check out, Client acknowledges that he or she has reviewed and fully understands the terms and conditions of this Agreement. Client has discussed such terms and conditions with the Company, and has had any questions with regard to its terms and conditions answered to Client’s satisfaction. Client agrees to abide by the terms and conditions of this Agreement and consents to participate in somatic education and coaching. Client acknowledges Company does not provide therapy, diagnosis, or treatment, and social media engagement does not establish a therapeutic relationship.