METABOLISM MAKEOVER AGREEMENT
It is a pleasure to welcome you as a participant a Metabolism Makeover program to help you find healing opportunities to improve your health. By purchasing this offer, you agree to the terms and conditions of this agreement. This Agreement is made between Metabolism Makeover and the Client. The Program Agreement in which you are about to agree to will/may include all of the following:
1. Any lab results for kits administered
2. Lab Results Worksheets, Report of Findings & Therapeutics Lifestyle Recommendations
3. Supplementation Protocol and Supplement Schedule
4. Phone and/or in-person consultation sessions.
5. Any group coaching sessions, webinars or workshops
  
REFUNDS AND EXPIRATION
In the event of the Client’s absence or withdrawal, for any reason whatsoever, the Client will remain fully responsible for the unpaid balance of the consultation(s). Under no circumstance will Metabolism Makeover refund any payments made by the Client. With payment of the first consultation session this Agreement will commence, the Client agrees to be legally obligated to pay the full amount of all consultation sessions agreed upon. 
Results Reviews must be used within 4 months of purchase. If the results review is not used within 4 months of purchase, the Client forfeits the Results Review. No refunds will be granted to the Client if they do not use their Results Review.
DISCLAIMER OF HEALTH CARE RELATED SERVICES
Metabolism Makeover and its practitioners encourage the Client to continue to visit and to be treated by his/her healthcare professionals, including, without limitation, a physician. The Client understands that Metabolism Makeover and its practitioners are not acting in the capacity of a doctor, psychologist or other licensed or registered professional (other than a licensed dietitian). Accordingly, the client understands that Metabolism Makeover and it’s practitioners is not providing health care, medical or services and will not diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body.
The Client has chosen to work with Metabolism Makeover and it’s practitioners and understands that the information received should not be seen as medical or nursing advice and is certainly not meant to take the place of you seeing licensed health professionals.
It is the Client’s responsibility to deliver all laboratory test results, now and in the future, to your own physician for any medical interpretation or opinion regarding any laboratory results provided by Metabolism Makeover and it’s practitioners.  The undersigned agrees that he or she will receive a nutritional interpretation of the test results from Metabolism Makeover and it’s practitioners that is to be used exclusively by the undersigned as an educational tool for personal health purposes.  However, the personal physician of the undersigned may use these same laboratory results to diagnose and treat disease.  The information on the Metabolism Makeover web sites, brochures, flyers, and information packets are believed to be extremely accurate, but such accuracy cannot be guaranteed by Metabolism Makeover and it’s practitioners, their independent representatives, associates and affiliates as we are not the originators of the underlying data used in the interpretation.  The undersigned releases Metabolism Makeover and it’s practitioners from any and all liability for injury or loss arising out of the use of, or reliance on, the laboratory results and/or the dietary, supplement and lifestyle suggestions provided. Before making any changes to the exercise, diet or nutritional or hormonal supplementation of the undersigned, a physician should be consulted.
Metabolism Makeover and it’s practitioners do not diagnose, cure or treat any illness or disease. Out of reference laboratory reference range results will be indicated on the official lab result form provided by Metabolism Makeover and it’s practitioners from a State Certified Laboratory to the undersigned.  This information is not intended to, cannot, and should not be expected to substitute for a personal consultation with your own physician.  Further, the undersigned releases The Practitioner, his lab partners, his independent representatives, associates and affiliates from any and all liability for any failure to identify any medical condition or disease.  It is understood and agreed that this is not the purpose of their services.
 
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS
The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this program. 
The Client expressly assumes the risks of the Program, whether or not such risks were created or exacerbated by Metabolism Makeover and it’s practitioners The Client releases Metabolism Makeover and it’s practitioners, his/her heirs, executors, administrators and assigns, its officers, directors, shareholders, employees, teachers, lecturers, agents, health Practitioners and staff (collectively, the Releases) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law, admiralty or equity, which against the Releases, the Client ever had, now has or will have in the future against the Releases, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Releases.
 
CHOICE OF LAW, ARBITRATION AND LIMITED REMEDIES
This agreement shall be construed according to the laws of the State of Georgia. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force. In the event a dispute arises between the parties, either arising from this Agreement or otherwise pertaining to the relationship between the parties, the parties will submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.
If the terms of this Agreement are acceptable, please make your first payment for your consultation session(s). By doing so, the Client acknowledges that: (1)he/she has received a copy of this letter agreement; (2)he/she has had an opportunity to discuss the contents with the Practitioner and, if desired, to have it reviewed by an attorney; and (3) the client understands, accepts and agrees to abide by the terms hereof.
 
HIPAA CONFIDENTIALITY
Client acknowledges that during the course of performing contracted services for the Client, the Practitioner may send health information electronically via email or other sources that may not be secure.  If the Client does not approve of this method of transfer they must notify Metabolism Makeover and a secure form of transmitting information will be established.
Metabolism Makeover acknowledges that during the course of performing contracted services for the Client, the Practitioner may have access to, use, or disclose confidential health information. Practitioner hereby agrees to handle such information in a confidential manner at all times while providing services for the Client and after the services are completed, and commits to the following obligations:
1. Metabolism Makeover and it’s practitioners will use and disclose confidential health information only in connection with and for the purpose of performing services.
2. Metabolism Makeover and it’s practitionerswill request, obtain, or communicate confidential health information only as necessary to perform services and shall refrain from requesting, obtaining, or communicating more confidential health information than is necessary to accomplish services.
3. Metabolism Makeover and it’s practitionersr will take reasonable care to properly secure confidential health information on any computer and will take steps to ensure that others cannot view or access such information. When away from workstations or when tasks are completed, Practitioner will log off computers or use a password-protected screensaver in order to prevent access by unauthorized users.
4. Metabolism Makeover and it’s practitioners will not disclose personal password(s) to anyone without the express written permission of the Client, or record, or post it in an accessible location and will refrain from performing any tasks using another's password.
 
Practitioner understands that as an independently contracted service provider, the use and disclosure of Client information is governed by the rules and regulations established under HIPAA, the Health Insurance Portability and Accountability Act of 1996, and related policies and procedures. Therefore, with regard to participant information, Practitioner commits to the following additional obligations:
1. Practitioner will use and disclose confidential health information solely in accordance with the federal and company policies set forth above or elsewhere. Practitioner also agree to familiarize with any periodic updates or changes to such policies in a timely manner.
2. Practitioner will immediately report any unauthorized use or disclosure of confidential health information that become aware of to the Client in writing.
 
Practitioner also understands and agrees that failure to fulfill any of the obligations set forth in this Agreement and/or violation of any terms of this Agreement shall result in being subject to appropriate lawful action, up to and including, termination of services.