Due to the nature of the spiritual counseling process and the fact that it often involves making full disclosure with regard to many matters which may be of a confidential nature, it is agreed that should there be legal proceedings (such as, but not limited to divorce and custody disputes, injuries, and lawsuits, etc.) neither you, nor your attorney, nor anyone else acting on your behalf will call on me to testify in court or at any other proceeding, nor will a disclosure of counseling records be requested.You also assume all liability for any injuries that may occur (including, but not limited to, slip and fall) while consulting with J Adam Smith.
Mediation and Arbitration:
Any disputes arising out of or in relation to this agreement to provide spiritual counseling, education, pastoral care, and consulting services shall first be referred to mediation, which shall be conducted in good faith: before and as a precondition to the initiation of arbitration. The mediator shall be a neutral third party chosen by J Adam Smith, and you. The cost of such mediation, if any, shall be split equally, unless otherwise agreed. In the event that mediation is unsuccessful, any unresolved controversy related to this agreement should be submitted to and settled by binding arbitration in Knox County, in accordance with the rules of the American Arbitration Association which are in effect at the time that the demand for arbitration is filed.
Should J Adam Smith be called into a deposition, or court case on your behalf, you agree to be responsible for all charges included therein, such as but not limited to travel expenses, preparation, and document review. Also, if you require a release of your notes, or communications, you will be expected to cover the cost of these services.