TERMS OF PURCHASE

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by and between Chelsea Turner Wellness LLC ("Company”), provided by a Company assigned Consultant ("Consultant"), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

1. TERMS.

(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Consultant agrees to provide services in accordance with the Embodied Healing Jumpstart With Testing (“Service”).

(b) The scope of services rendered by the Consultant pursuant to this contract shall be solely limited to those contained therein and/or provided for on Company's Website www.chelseaturnerwellness.com as part of the Service.

(c) Consultant reserves the right to substitute services equal to or comparable to the Service for Client if reasonably required by the prevailing circumstances.

(d) Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.

(e) The content included in the Service is for your individual, non-commercial use. Client agrees not to share login details and/or Service materials with any third parties.   

(f) If you are unable to keep your scheduled call, please provide 24-hour notice to the Consultant. The Client can reschedule his/her appointment via Practice Better portal. If less than 24-hour notice is received, or if the call is not rescheduled to take place within 30 business days, the call will be forfeited.

(g) The Service includes the following:  

1) One 45-minute one-on-one call

2) Personalized Protocol

2. METHODOLOGY.  Client agrees to be open minded to Consultant's methods and partake in services as proposed. Client understands that Consultant has made no guarantees as to the outcome of the coaching sessions or Service.  Consultant may revise methods or parts of the Service based on the needs of the Client.  

3. PAYMENT AND REFUND POLICY.

(a) Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount.

(b) Company does not offer refunds for any reason.

(c) Should Client decide to withdraw or cancel the Offer, the Client shall remain fully responsible for payment.

4. DISCLAIMERS. By participating in the Service, Client acknowledges that the Consultant is not a nutritionist, therapist, medical doctor, psychologist, or licensed medical professional or physician, and her services do not replace the care of other professionals. Client confirms that s/he has or will discuss any and all changes to his/her diet, lifestyle, exercise regimen, or supplements with his/her physician before implementing changes or habits suggested by the Consultant. Health coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice. Client understands that the Consultant is a certified Nutritional Therapy Practitioner and/or Holistic Health Practitioner. As such, she does not diagnose, treat or cure any diseases, disorders or conditions. If the Consultant suspects the existence of disease, disorder or condition, Client will be informed of this suspicion. However, Client acknowledges this is not a diagnosis or conclusion about the state of Client’s health and furthermore, Client is directed to promptly consult a licensed medical professional about any suspected problems. Client is not to alter or discontinue treatments provided by a licensed medical professional without consulting the individual who prescribed the treatment. Client acknowledges that only a licensed medical physician can prescribe drugs. Any change in prescription or dosage is a decision that Client makes with his/her physician.

Client acknowledges that the Consultant is no way liable for Client’s health or safety. In consideration of Client’s participation in the Service, Client accepts all risk to his/her health, including injury or death that may result from sub participation and hereby releases the Consultant on Client’s behalf and on behalf of Client’s 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 Client’s person, including Client’s death, that may result from or occur as a result of his/her participation in the Service, whether caused by negligence or otherwise.

The Consultant may provide the Client with information relating to products that the Consultant believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Consultant may make dietary, supplement, and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Consultant is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information, coaching, supplements, or other dietary or lifestyle suggestions provided.  Use of Service is at Client’s own risk.  Any use of videos requiring physical activity are done at Client’s discretion and Consultant will not be held liable for any injury that could result from utilizing videos.

The Consultant may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Consultant will not be held liable for the services provided by any third-party to the Client. The Consultant is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials or examples shown through Company's website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Company's programs and/or services. Client acknowledges that Consultant has not and does not make any representations as to the future result that may be derived as a consequence of use of Company's website, programs, products or services.

In accordance with Standards for Privacy of Individuality Identifiable Health Information, Client consent is required for Consultant to collect, use, and disclose Client’s personal information. Client acknowledges consent for Consultant to collect his/her information.

5. INTELLECTUAL PROPERTY RIGHTS.  In respect of the documents specifically created for the Client as part of this Service, the Consultant maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Consultant.  Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Consultant to the Client, nor grant any right or license other than those stated in this Agreement. The Consultant reserves the right to immediately remove Client from the Service, without refund, if you are caught violating this intellectual property policy.

6. RELEASE. The Client grants the Consultant non exclusive, royalty-free, irrevocable, perceptual, worldwide license (with the right to sublicense) to make, have made, copy, modify, make derivative works of use, sell and otherwise distribute, any and all communications, wins, screenshots of communications, or testimonials provided to Consultant in connection with the Client's participation in the Service ("Released Materials") (including any such Released Materials that may otherwise be considered Client Information), for the purposes of promoting and marketing the Service and/or Company's services across social media, advertisements, the Company's Consultant's, and to the Consultant's future and/or prospective clients. The Client understands that Client will not receive any compensation for use of Client's likeness, testimonial, or image. The Consultant will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share Client's name or identifying information. 

7. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Consultant or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

8. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

9. DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Consultant under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

10. LIMITATION OF LIABILITY.  By using CHELSEA TURNER WELLNESS LLC services and purchasing this Service, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Consultant will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Service. Client agrees that use of this Service is at user’s own risk.

11. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in the State of California or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.

13. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.