nal Therapy Practitioner, Alyssa Chavez, does not diagnose diseases, disorders or conditions.
2. The Nutritional Therapy Practitioner, Alyssa Chavez, is not a licensed Dietitian, Naturopathic Doctor or Medical Physician.
3. As part of the Nutritional Counselling Services, I may be asked to provide information concerning my physical habits, medical history, moods, energy levels, likes and dislikes, lifestyle and diet. This information is collected to enable the Nutritional Therapy Practitioner to: (i) assess my knowledge of nutrition, (ii) education me about the benefits of sound nutritional practices and (iii) recommend dietary changes to improve my general health, vitality and overall
well-being. The Nutritional Therapy Practitioner, Alyssa Chavez will hold this information in confidence and will not release or disclose this information to any other person, without my prior consent, except as required by applicable law.
4. If the Nutritional Therapy Practitioner, Alyssa Chavez, suspects the existence of disease, disorder or condition, I will be informed of this suspicion. However, I acknowledge this is not a diagnosis or conclusion about the state of my health and that I am directed to promptly consult a licensed Physician or Naturopath about any suspected problems.
5. Should I request the Nutritional Therapy Practitioner, Alyssa Chavez, to recommend dietary changes and/or nutritional supplements to enhance my body’s natural ability to resist and/or overcome a known disease, disorder or condition, it is my responsibility to disclose the nature of the disease, disorder or condition and all other relevant details to the Nutritional Therapy Practitioner, Alyssa Chavez. If I have not previously consulted a licensed Physician or Naturopath about this disease, disorder or condition, I acknowledge that I am directed to promptly do so. I am not to alter or discontinue treatments prescribed by a licensed Naturopath, Physician or other licensed health professional without consulting the individual who prescribed the treatment.
6. In providing Nutrition Counselling Services to me, the Nutritional Therapy Practitioner, Alyssa Chavez, is relying upon the truth, accuracy and completeness of all information I have provided to her. Any recommendations I follow for changes in diet, including the use of nutritional supplements, are entirely my responsibility.
7. Alyssa Chavez is in no way liable for my health or safety.
8. In consideration of my participation in the Nutritional Counselling Services, I hereby accept all risk to my health, including injury or death that may result from such participation and I hereby release the Nutritional Therapy Practitioner, Alyssa Chavez, on my behalf and on behalf of my personal representatives, estate, heirs, next of kin, and assigns from any and all costs, claims, causes of action and damages arising from any and all illness or injury to my person, including my death, that may result from or occur as a result of my participation in the Nutrition Counselling Services, whether caused by negligence or otherwise.
9. 24 hours is required for cancelling appointments. Appointments cancelled within 24 hours of your appointment time, you will be billed a $50 cancellation fee.
10. I understand that any therapies I undertake at Whole Woman Wellness are undertaken of my own free will. I accept that the ultimate responsibility for my health care is my own and that Whole Woman Wellness is here to support me in this. I understand that my practitioner reserves the right to determine which cases fall outside their scope of practice, in which event an appropriate referral will be recommended. I hereby agree to assume full responsibility for any manner of loss, injury, claim or damage whatsoever, known or unknown, incurred as a result of same and I, my heirs, executors, administrators or assigns for any loss, injury, claim or damage sustained as a result of my attendance and/or participation. I have read the above release and waiver of liability, and fully understand its contents and voluntarily agree to the terms and conditions stated.
The Parties hereby agree to the following:
Program/Service Description: GI-Map comprehensive stool test + pre-paid shipping, a PDF of test results, and a 1-hour consultation for comprehensive interpretation of the results.
Coaching Calls: one 1-hour session via Practice Better video chat.
Support: Unlimited support via Practice Better chat. Chat will be answered within 48 hours Monday through Friday, 9am-5pm.
One GI-Map test plus full analysis of results.
2. Payment
The Client will pay the Investment pursuant to the following terms:
Investment: 1-time payment of $550 or 2 payments of $300 plus $295 (total of $595)
Payment Due: Investment due on or before the date of our first scheduled session.
Payment may be completed by credit card payment via the invoice sent to the Client.
Late / No Payments:
Payments are due on or before the due dates listed in this section. Late payments will not be accepted. If a payment is not made on or before the due dates stated herein, the Coach will send the Client an email with instructions on how to make immediate payment.
The Coach will not perform any additional services for the Client until payment is completed and the Client’s access to any client portal or materials may be removed until payment is made.
3. Refund Policy
No Refunds
The Coach will do everything within her ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds will not be issued for coaching services already conducted. If, for any reason, the Coach is unable to fulfill her obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered.
No Chargebacks
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
4. Term & Termination
The Program is 1 session long and begins on %DATE% or the date of our first scheduled session (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.
The Client may not terminate the Agreement prior to the end of the Term. The Coach may, for any reason, terminate the Agreement prior to the end of the Term, with a refund issued to the Client for any unused portion of the Program.
5. Client Commitments
The Client agrees to the following as part of the Program:
The Client shall participate fully in the Coaching Calls, and any other part of the program, to the best of their ability.
The Client shall immediately inform the Coach of any issues or difficulties they may have with the Program.
The Client shall complete payment of the Investment according to the Terms herein.
6. Coach Commitments
The Coach agrees to the following as part of the Program:
The Coach shall participate fully and intently in the Coaching Calls, and any other part of the program, to the best of her ability.
The Coach will support the Client to the best of her abilities in accordance with Section I of this Agreement.
The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your express permission.
The Coach agrees to conduct the Coaching Calls/Sessions by video chat.
7. Disclaimer
The Client understands that the Coach is a Nutritional Therapy Practitioner, Functional Hormone Specialist, and Restorative Wellness Practitioner.
The Coach is not an RD, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with their physician before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to their diet, exercise regimen, supplements, medications, or lifestyle with their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to their lifestyle. The Client understands that the Coach is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist.
Further, the Coach has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in their life.
8. Cancellations & Rescheduling Appointments
If you are unable to keep an appointment that we have, please provide 24-hour notice to the Coach. The Client can reschedule their appointment by email or the scheduling calendar in Practice Better.
9. Limitation of Liability
Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
10. Indemnification
Client agrees to indemnify and hold harmless the Coach, Alyssa Chavez LLC dba Whole Woman Wellness and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Alyssa Chavez LLC dba Whole Woman Wellness or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.
11. ARBITRATION
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of California. The arbitration hearing shall be held in the state of California. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Coach.
12. Entire Agreement
This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.
13. Severability
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
14. Applicable Law + Venue
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, United States as they apply to contracts entered into and wholly to be performed in the State of California, United States. The Federal and State courts within the State of California, United States shall have exclusive jurisdiction to adjudicate any dispute arising out of or from this Agreement.
15. Photograph and Testimonial Release
The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of their likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share their name or identifying information.
16. Confidentiality
The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.
Permitted Disclosure. Notwithstanding anything in the foregoing, the Parties may disclose Confidential Information to the extent necessary as required by law, a court of competent jurisdiction, and/or any governmental authority or agency. Where permitted by law or legally permissible, the Parties shall disclose a request for information in writing to the other prior to disclosure.
I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.