Kalberer Wellness Cares, LLC

“KWC | Concierge Session” Agreement

 

This Agreement (the "Agreement") is entered into by and between Kalberer Wellness Cares LLC (“KWC”), Alyssa Mary Kalberer (“Physician Assistant,” “PA” or “PA”) and you (“Client,” “you” or “your”).

 

1. Services

 

PA agrees to provide Client with the following services (“Services”):

1. PA will review and analyze any testing and/or intake forms that you have sent to our team prior to KWC | Concierge Consult, along with the gut health testing ordered for you through KWC that comes back from the Rupa Health laboratory.
2. PA will compile many personalized suggestions tailored for your unique health-journey based off of your unique gut health testing results and/or medical history.
3. The personalized suggestions put together by PA will be verbalized to Client in one, 60-minute  “KWC | Concierge Session” via Zoom Workplace, a HIPAA-compliant electronic televideo platform that KWC uses to see clients. Any client health questions will be answered during this time as well.
4. KWC support will be provided for the Client via email ([email protected]) before “KWC | Concierge Session” AND will remain available for Client questions up until 2 weeks after the “KWC | Concierge Session” with PA.

If Client wishes to extend the coaching relationship, or hold another “KWC | Concierge Session,” then both PA and Client must agree with another separate contractual agreement to any additional services and payment terms. The terms of this Agreement will continue to apply unless superseded by another agreement in writing.

 

2. The PA-Client Coaching Relationship; Client and PA Responsibilities

The coaching relationship is co-creative, meaning that the PA and Client are equal partners in the coaching process. PA agrees to serve as your health coach. PA is designed to help you change the way you think, which will affect your feelings, which will affect your actions, which will ultimately affect your results. PA-Client coaching is an alliance between the coach and the client. PA and Client agree to engage in one, 60-minute coaching session, called the “KWC | Concierge Session.” The 60-minute “KWC | Concierge Session” will be held via Zoom Workplace, a HIPAA-compliant electronic televideo platform. The KWC team will reach out to Client in support immediately upon signing up and there will be e-mail communication with the KWC team ([email protected]). Otherwise, any further support from PA will be agreed upon in a separate contract. PA cannot, and does not, guarantee any particular results.

 

PA Responsibilities:

• PA is a trained medical provider and has been trained to analyze gut health testing (which encompasses many tests, including but not limited to GI-MAP stool testing, other microbiome testing, toxin testing, food/allergy sensitivity testing, etc.) details in depth and then correlate them to Client's health and/or symptoms and/or diseases, and then use communication skills and coaching tools to support Client as an equal partner throughout the “KWC | Concierge Session.”
• PA is committed to helping you overcome limiting beliefs and create a new mindset that will empower you to achieve your health goals.
• PA will ask thoughtful questions designed to increase awareness.
• PA will teach you tools that you can use to improve your mindset, your relationships with other people, your home lifestyle with your family, and, most importantly, with yourself.
• During your coaching experience, PA will provide a supportive and encouraging environment, one in which you can relax, ask many questions, and explore your potential.
• During the “KWC | Concierge Session,”  PA will only answer health-related questions that Client has in the following instances:
• 1) during the “KWC | Concierge Session” (come prepared!) AND/OR
• 2) when questions from Client come through from KWC team ([email protected]).
• Therefore, PA will not answer health-related questions that come to PA directly via other forms of communication (whether text, call, email, Voxer, etc.), and PA will direct Client to KWC team for further information. The only exception to this is if Client decides to further work with KWC and PA beyond the “KWC | Concierge Session”  in additional one-on-one sessions.

 

Client Responsibilities:

• You agree to be present, prepared and on time for the televideo “KWC | Concierge Session” at your agreed upon scheduled time.
• You agree to be patient and kind with yourself as you learn and apply new ideas and concepts.
•  You understand that coaching works when you do the work and you agree to take ownership for your progress and accomplishments.
• You agree to show up for yourself during your review session.
• You agree that you are completely responsible for your well-being and your mental and physical health care – before, during, and after the “KWC | Concierge Session.”
• You agree that you are the expert in your own life and are fully responsible for any choices and decisions you make during the “KWC | Concierge Session.”
• You agree not to hold PA, or KWC, or KWC team, or any KWC employee, or any company PA is affiliated with, liable for any outcomes resulting directly or indirectly from the choices you make while working with KWC.
• You acknowledge that you are under the care of a primary care physician and healthy enough to engage in PA coaching and “KWC | Concierge Session.”
• You agree that your relationship with the PA, or anyone providing coaching Services on behalf of the company, is that of a coach-client relationship and that no other professional relationship (such as doctor-patient or attorney-client) has been established.

Although Alyssa Mary Kalberer is a nationally board-certified Physician Assistant licensed in a variety of states, and other employees or contractors of the company that PA is affiliated with may be health care professionals, your coaching relationship does not establish a doctor-patient or similar relationship of any kind between you, the company PA is affiliated with, employees or contractors of the company PA is affiliated with, or Alyssa Mary Kalberer.

PA does not provide any financial or legal services or advice. PA coaching “KWC | Concierge Session” does not prevent, cure, or treat any mental or medical condition. PA coaching “KWC | Concierge Session” is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions, and results. You should consult with a professional, independent of the coaching relationship, if you have specific questions about your own unique situation. PA and any company that PA is affiliated with, disclaims any liability for your reliance on any opinions or advice received as part of this PA-Client coaching relationship.

You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.

PA cannot and does not guarantee any specific medical results/outcomes, or financial or business outcomes as a result of this coaching relationship.

 

3. Fees and Payment

Client agrees to the following fees and payment schedule:

Total “KWC | Concierge Session” price of $500.00 USD, is due upon signing this agreement, unless otherwise specified with coupons or by PA, as listed on the checkout page.

Client agrees to reimburse PA for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

PA also reserves the right to terminate this Agreement, and the coaching relationship, should these fees not be paid.

If paying by debit card or credit card, you give PA and any company that PA is affiliated with permission to automatically charge your credit or debit card for all fees and charges due and payable to the PA, without any additional authorization, for which you will receive an electronic receipt. You also agree that the PA and any company that PA is affiliated with is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

 

4. “KWC | Concierge Session” Procedure

The “KWC | Concierge Session” will last 60-minutes and will take place via a HIPAA-compliant electronic televideo platform. You will receive a link for the meeting 2 days prior to your scheduled “KWC | Concierge Session.” PA will initiate the call at the exact time your meeting is scheduled.

Respectfully, at KWC, we believe your time and our time are valuable (and precious!). We respect your time just as much as we request you to respect our time. Therefore, we request that you show up to your scheduled appointment on time.

A 24-hour cancellation request is required for the scheduled “KWC | Concierge Session.” Cancellation requests can be made by emailing [email protected]. Cancellation requests made less than 24 hours prior to Client’s scheduled appointment will result in the forfeit of the coaching session that was reserved for Client.

A “KWC | Concierge Session” is considered a “no show” when Client either:

1. does not request a cancellation 24-hours prior to scheduled session, or
2. does not show up for 5 minutes past the scheduled review session time during the scheduled “KWC | Concierge Session.”

If Client shows up after 5 minutes of scheduled review session time, PA will leave the session.

If Client shows up within 5 minutes of the scheduled review session time, Client and PA will meet for the time that is left for that scheduled “KWC | Concierge Session,” and the session will end at the time it is scheduled to end, and there will be no additional time added to the end of the session.

We encourage Client to be prepared for the scheduled “KWC | Concierge Session” by being ready on Zoom with health information and questions ready at least 5 minutes prior to Client’s scheduled “KWC | Concierge Session.”

If for the aforementioned reasons a “KWC | Concierge Session” is considered a “no show” session, Client has the option to pay for an additional coaching session at the price of $500.00 USD/hour. The “no show” session will not be rescheduled or reimbursed.

If the PA must reschedule the “KWC | Concierge Session” at the last minute due to an emergency, the missed 60-minute session appointment will be rescheduled as soon as possible AND an additional 30-minute coaching session will be offered to Client as a courtesy.

E-mail support is included as a part of the “KWC | Concierge Session.” This support will be given to Client by the KWC Team through the following email: [email protected]. The KWC Team will request health records that Client would like for PA to review prior to “KWC | Concierge Session.” If there is a question the KWC Team does not know the answer to, The KWC Team will reach out to PA directly to get you the answer. The KWC Team and PA will try their absolute best to get back to you within 24 hours of your email. Please note, this email support will not be available on Saturdays, Sundays, or holidays.

 

5. Preparation For “KWC | Concierge Session”

Client will receive a separate welcome email after signing up and paying for the “KWC | Concierge Session.” Additionally, a short intake questionnaire to prepare for the “KWC | Concierge Session” will be sent to Client, which is not required but recommended to fill out so PA has a better understanding as to Client’s concerns and the symptom(s) and/or disease(s) Client is going through. Then PA can better analyze and correlate any new/recent testing results to Client’s health/medical history and understand what Client is going through.

If Client has ordered any recommended testing, as soon as the testing results come in from the laboratory, The KWC Team will notify the Client. Client will also get an email from the Rupa Health Laboratory, the laboratory where KWC orders the gut health testing. Both ways will give Client the opportunity to download and review the results to prepare for the “KWC | Concierge Session” by formulating questions to ask PA in regards to Client’s testing results and health concerns. Client is encouraged to come to the “KWC | Concierge Session” prepared to ask questions as PA would like to answer any and all questions Client may have, to the best of her ability, and the time goes by very quickly.

 

6.   Confidentiality

PA agrees to keep all information about the PA/Client relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if Client threatens to harm himself or herself, or others. Client acknowledges that PA/Client communications are not covered by any doctor-patient privilege or other privilege.

If Client wishes for PA to speak to a third-party relating to the coaching relationship, then Client needs to give PA written permission (original signed letter or e-mail) to do so.

This confidentiality provision shall survive the termination of this Agreement.

 

7. Termination and Refunds

Either party may terminate this Agreement by providing notice in writing (including by email to: [email protected]). PA requests Client provide at least 48 hours notice of termination prior to Client’s scheduled “KWC | Concierge Session.”

In the event of PA’s termination that is not the result of Client’s breach of this Agreement, Client will not owe any additional payments to PA.

In the event Client terminates this Agreement, and the termination is not the result of PA’s breach of this Agreement, Client will remain obligated to pay any outstanding fees owed to PA, and Client will not receive a refund for “KWC | Concierge Session.”

In the event no party terminates this Agreement in writing, the Agreement will be immediately terminated 2 weeks after PA and Client hold the 60-minute “KWC | Concierge Session.”

 

8. “KWC | Concierge Session” Materials

Client acknowledges that PA owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials (including everything Client signs, reads, or accesses through email sent by PA or The KWC Team), workshops, or videos that may be used during the “KWC | Concierge Session” and shared with Client. PA hereby grants Client permission to use these materials for Client’s own personal use only.

Client agrees not to copy, share, sell, or distribute any of these materials to anyone else. If KWC or PA finds out Client has copied, shared, sold or distributed the coaching materials to anyone or has used these materials beyond personal use, KWC and PA hold the right to charge the Client a $1,000.00 USD fee for breach of this Agreement, during the course of this Agreement and for up to 5 years after this Agreement expires.

 

9. Limitation of Liability, Release

Client agrees that PA will not be liable to Client or any third party for any damages (including, but not limited to, lost data, lost profits, incidental or consequential damages), that arise from PA’s performance of coaching (including, but not limited to, failure to perform in a timely manner).

Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the coaching shall be the sole responsibility of Client.

Client agrees to indemnify PA and its owners, officers, employees, and agents from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, except to the extent such are caused by the sole fault or negligence of PA.

 

10. Force Majeure

PA shall not be deemed in breach of this Agreement if PA is unable to complete or provide coaching or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness, or incapacity of PA and any company that PA is affiliated with or any local, state, federal, national, or international law, governmental order or regulation or any other event beyond PA’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, PA shall give notice to Client of PA’s inability to perform or of delay in completing or providing the coaching and shall propose revisions to the scheduled meeting for completion of the coaching or other accommodations.

 

11. General Provisions

This Agreement will be governed by the laws of South Carolina. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to Lexington County, South Carolina, and waives any defense of lack of personal jurisdiction or forum non-conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

 

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter, “KWC | Concierge Session.” This Agreement supersedes all prior written and oral representations.

 

By clicking on the box on the signup page/checkout page when signing up for “KWC | Concierge Session” with Alyssa Kalberer, PA, you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document Agreement. If you do not agree with these Terms, do not purchase the “KWC | Concierge Session.”

 

Updated on 07/03/2025