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Kalberer Wellness Cares, LLC

“KWC | Gut Health Test” Agreement

 

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

 

  1. Services

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

  1. PA will order specific gut health test (microbiome testing, toxin testing, or food allergy/sensitivity testing) when Client purchases a “KWC | Gut Health Test” through the KWC website. That particular test will be sent from the Rupa Health Laboratory company (the laboratory KWC uses to order gut health testing), to Client’s address indicated on ordering page. Instructions on how to perform testing will be shipped directly to the address Client provided as well and everything will arrive within 2-4 days of PA placing the order.
  2. PA is available for discussion through email if Client has any questions shall arise about how to perform the testing.
  3. After a “KWC | Gut Health Test” is ordered, completed by Client, resulted by laboratory, and analyzed by PA, Client has the ability to sign up for a “KWC | Concierge Consult” which would entail PA and Client to engage in one, 60-minute PAing/results review session via Zoom Workplace, a HIPAA-compliant televideo electronic medical record platform that Kalberer Wellness Cares uses to see clients. Please note, this “KWC | Concierge Consult” is a separate charge and is not included in the ordering of a “KWC | Gut Health Test.” Thus, consults with PA will not be scheduled by PA or another KWC team member until the “KWC | Concierge Consult” has been purchased separately by Client here: "KWC | Concierge Consult."

If Client wishes to extend the PAing relationship, both PA and Client must agree with a 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 The terms of this Agreement will continue to apply unless superseded by another agreement in writing.



  1. Fees and Payment Schedule

Client agrees to the following fees and payment schedule:

Total test price of each individual "KWC | Gut Health Test," is due upon signing this agreement, unless otherwise specified 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 PAing 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).

By paying and agreeing to this “KWC | Gut Health Test” Agreement, you are consenting for PA to order your appropriate testing, and you are consenting to the Rupa Health Team to order and handle your lab work. If this is a concern for you, do not sign this agreement or pay for any “KWC | Gut Health Test.”

 

 

  1.   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 PAing 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.

 

 

  1.   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 Gut Health review PAing 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 | Gut Health Test” that was ordered by Client. In the event of termination, Client will not retain access to the PAing materials, as defined below.

In the event no party terminates this Agreement in writing, the Agreement will be immediately terminated 2 weeks after results of any ordered “KWC | Gut Health Test” is purchased.

 

  1.  PAing 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 Clients signs, reads, or  accesses in Practice Better), workshops, or videos that may be shared with Client upon ordering any “KWC | Gut Health Test” . 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 PAing materials to anyone or has used these materials beyond personal use, KWC and PA hold the right to charge the Client a $1,000.00USD fee for breach of this Agreement, during the course of this Agreement and for up to 5 years after this Agreement expires.

 

  1.   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 PAing. Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the “KWC | Gut Health Test” 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 which may arise out of PA’s performance of the PAing, or that may arise out of Client’s performance of the “KWC | Gut Health Test,” except to the extent such are caused by the sole fault or negligence of PA.

 

  1.  Force Majeure

PA shall not be deemed in breach of this Agreement if PA is unable to complete or provide PAing 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 PAing and shall propose revisions to the schedule for completion of the PAing or other accommodations, or may terminate this Agreement.

 

  1.   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 | Gut Health Test.” This Agreement supersedes all prior written and oral representations.

 

By clicking on the box on the signup page when signing up for “KWC | Gut Health Test” just before you pay, 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 any “KWC | Gut Health Test.”

 

Updated on 04/16/2025