KWC | Gut Health Test Agreement

1. Services

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

1. PA will order specific gut health testing (microbiome testing, toxin testing, detox testing, DNA/genetic testing, 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. PA will provide one complimentary email containing general suggestions for each person KWC knows the ordered testing is for. If multiple tests are ordered for the same person, that person will receive one combined suggestions email rather than a separate email for each test. PA will send the email within one week after KWC receives all applicable results for that person from the laboratory.

If Client wishes to extend the coaching 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 The terms of this Agreement will continue to apply unless superseded by another agreement in writing.

2. 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 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).

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."

3. 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.

4. Termination and Refunds

Either party may terminate this agreement by providing notice in writing (including by email to: alyssa@kalbererwellnesscares.com).

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 coaching materials, as defined below.

If neither party terminates this Agreement in writing, the Agreement will terminate 2 weeks after PA sends the complimentary suggestions email described in Section 1.

5. Coaching 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 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.

6. 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.

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 coaching, 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.

7. 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 schedule for completion of the coaching or other accommodations, or may terminate this Agreement.

8. 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.