Terms of Service Agreement

BY PURCHASING A COURSE, MEMBERSHIP OR BOOKING AN APPOINTMENT WITH DR. KIMBERLY SPAIR, YOU ACCEPT AND AGREE TO THE FOLLOWING TERMS.

MEDICAL DISCLAIMER Kimberly Spair, LLC (“We”, “Us”, “Our”, “Company”) does not render medical, psychological, or other professional advice or treatment, nor do We provide or prescribe any medical diagnosis, treatment, medication, or remedy. The information provided by Us, will not treat or diagnose any illness or disease or provide medical advice. Clients understand that if they should experience any such issues, they should see their registered physician or other practitioner as determined by their own judgment. The Client understands that Dr. Kimberly Spair, who provides services through Us, (“She”, “Her” or “Spair”) is not a licensed medical doctor, chiropractor, osteopathic physician, naturopathic doctor, nutritionist, pharmacist, psychologist, psychotherapist, or any other formally licensed medical doctor.

You (“You” or “Client”) understand Dr. Kimberly Spair has a PH.D and is a licensed speech pathologist. You understand she is not advising you as a speech pathologist as part of the terms of service for her Coaching programs and services.

You understand the information provided in this email is not a substitute for health care, medical or nutritional advice of any kind. You understand and agree that you fully responsible for your own mental and physical well being, including your dietary choices and decisions. You agree to seek medical advice as determined by your own judgment before starting any program, any form of treatment or discontinuing use of any medications as prescribed by your medical practitioner.

You understand any information on our website, in email, during coaching sessions, in online courses, in membership, and on our social media has not been evaluated by the Food and Drug Administration. The information contained on our website, in email, during coaching sessions, in online courses, in membership, and on our social media is not intended to diagnose, treat, cure, or prevent any disease.


Nothing on our website, in email, during coaching sessions, in online courses, in membership, on our social media should be construed as healthcare advice, medical diagnosis, treatment or prescription. Information or guidance provided by Spair, should not be construed as a promise of benefits, a claim of cures, or a guarantee of results to be achieved. Spair and Company, make no guarantees or warranties related to her products or services.

IDENTITY DISCLOSURE
By booking with the Company you affirm and agree that you have disclosed your full and real identity to the Company, you are booking for yourself (ONLY), and if you are booking an appointment for someone under your care, you will disclose that immediately (within 24 hours) to the Company after booking the appointment. You understand and agree that if you book your appointment anonymously or falsely (under a false identity, and not with your Government issued name/ID) your appointment will canceled and Company reserves the right to immediately block you from booking or purchasing any products/services in the future. Additionally, Company reserves the right to take legal action and report any violations of this clause to the police and/or local authorities.

SERVICES
The Client understands that any advice given by Us is not meant to take the place of advice by these professionals. Instead, the role of the Health Coach is not to prescribe or assess micronutrient and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, Spair is a mentor and guide consulting and coaching Clients in reaching their own health goals by devising and implementing positive, sustainable lifestyle changes. If the Client is under the care of a health care professional and currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with their medical professional and should not discontinue any prescription medications without first consulting their doctor. Clients are responsible for taking notes during sessions and understand that follow-up notes will not be provided by the office.

Recording of the video or audio appointment(s) is not permitted. Disclosure to any third party of the session or Private notes taken during the session is strictly prohibited.

CANCELATION, RESCHEDULING, AND NO-SHOWS
Each scheduled session will end 25 or 50 minutes after start time. In the event that a session from another client runs overtime, the Client understands this can delay the start time of their own session and agree to a later start time if this should happen. We ask that the Client please be on time and conclude their session within the designated time slot. Pregnancy/Fertility/Postpartum Client support sessions receive priority booking due to urgent timelines and may require the rescheduling of other Client sessions to accommodate. In the event this occurs, the office will contact the Client to reschedule accordingly.

All canceled appointments and reschedule requests must be submitted with an email to [email protected] a minimum of 72 hrs in advance, during Monday to Friday business working hours of 9:00 AM to 5:00 PM. Weekend cancelations are not permitted. All no-shows or missed appointments will be charged in full with no refund and will not be rescheduled. Dr. Kimberly reserves the right to cancel or reschedule your appointment(s) at any time due to scheduling conflicts. The office will provide notice and reschedule accordingly. Dr. Kimberly reserves the right to cancel all/or refuse future bookings with clients that refuse to exhibit professional conduct during a scheduled appointment(s) with no refund. 

SCHEDULING AND FOLLOW-UP SESSIONS

Clients are responsible for scheduling all consultations and support package sessions within the timeframe outlined for each type of service outlined on www.drkimberlyspair.com. Any included sessions not scheduled by the client within the 3,6 or 9 month support packages, forfeit the remainder of their sessions. It is the responsibility of the Client to schedule their own sessions via the online scheduler.

COST, FEES, AND PAYMENT
Client agrees to pay fees as outlined on www.drkimberlyspair.com (“Our Website”), which are incorporated herein by reference for consultations and/or virtual courses. Payment will be collected in full at the time of all appointment bookings or course purchases made on through Our Website. If your consultation runs over, you will be charged accordingly.

All packages must be used after their initial consultation within 3 months of purchase for the short-term support package, 6 months for the long-term support package, and 9 months for the pregnancy/fertility/postpartum package.
All packages and purchases and non refundable.

OFFICE HOURS AND EMERGENCIES
Our office is closed on Saturdays and Sundays. Email requests, consultation changes and or cancelations will not receive feedback or responses until the following week. If you are experiencing a true medical emergency, please call 911 or go to the emergency room immediately.

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 Client sessions. The Client expressly assumes the risks of implementing changes discussed in session, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases Us and Spair from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client, their heirs, assigns, and executors ever had, now has or will have in the future against Us and/or Spair arising from the Client’s past or future participation in, or otherwise with respect to Client sessions.

Client accepts and agrees that Customer is fully responsible for their progress and results. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each customer may significantly vary. Client acknowledges there is no guarantee that Client will reach their goals as a result of their work with the Company.

ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees. 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.

LIMITATION OF LIABILITY/DAMAGES IN NO EVENT WILL COMPANY, SPAIR OR ANY AFFILIATED ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF COMPANY, SPAIR AND ANY AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU FOR ANY OF OUR PRODUCTS OR SERVICES

CONFIDENTIALITY
The Company respects Client’s privacy and insists that Customer respects the Company’s. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, calls, appointments, or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with the Company. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

Further, Client agrees that if they violate or display any likelihood of violating this section the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Non-Disclosure of Materials You accept and agree that Material given to You in the appointment or after that appointment with the Company is proprietary, copyrighted and developed specifically for Company. You accept and agree that such proprietary material is solely for Your own personal use. Any disclosure to a third party is strictly prohibited.

DEFAMATION AND NON-DISPARAGING STATEMENTS
You agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. You agree that You neither will engage in any conduct or communications with a third party, public or private, designed to disparage or denigrate Spair, or Kimberly Spair, LLC. You agree that neither 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, make public statements (written or verbal), 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, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives. If concern over appointment scheduling, or any other matter should arise, the You will contact the office through email so that You and Company can reach a mutual agreement on proper resolution.

GOVERNING LAW
The laws of New Jersey govern all matters arising out of or relating to this Agreement, including torts.

SEVERABILITY
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, the Client acknowledges that: (1) They have read and understand this letter agreement; (2) They have had an opportunity to discuss the contents with the Office and, if desired, to have it reviewed by an attorney; and (3) the client understands, accepts and agrees to abide by the terms hereof.


Disclaimer

Information provided by Kimberly Spair, LLC (hereinafter “author”) is for educational and informational purposes only. Advice and recommendations given by author is at the client’s sole discretion and risk.You understand and agree the Author is NOT a licensed medical doctor, chiropractor, osteopathic physician, naturopathic doctor, nutritionist, pharmacist, psychologist, psychotherapist, or any other formally licensed medical doctor and does not practice medicine as a licensed physician prescribing, diagnosing, or treating diseases of the human body and does not practice mental health therapy as a licensed psychologist or counselor. The services provided by the author do not involve the diagnosing of disease or prescribing of medicine for treatment of disease. The information on this site is not intended as a substitute for the advice provided by your physician or other licensed healthcare professional or any information contained on or in any product label or packaging. Do not use the information from the author for diagnosing or treating a health problem or disease, or prescribing medication or other treatment. Always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or using any treatment for a health problem. If you have or suspect that you have a medical problem, contact your health care provider promptly. Do not disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site. Information provided by author and the use of any products or services purchased from author by you DOES NOT create a doctor-patient relationship between you and author. Information and statements regarding any dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You recognize that author cannot guarantee any results or specific outcomes from the information or services provided. By Visiting this Site/By Purchasing any Goods or Services from Author You Understand and Agree You are solely responsible for any action taken based on your interpretation of information presented or engagement for services with author.

KIMBERLY SPAIR LLC
Health and Medical Liability Waiver

I  voluntarily choose to participate in this session(s) or program (“Program,” or “Session”) presented by KIMBERLY SPAIR LLC (“Company”).
I understand that this Session will not prescribe medicine; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body and if I should experience any such issues I will see my registered physician or other practitioner as determined by my own judgment.

I certify that I have consulted with a medical professional, and I have received approval to participate in this Session. I understand that Kimberly Spair (“She,” “her,” or “Spair”) and her employees, instructors, owners, officers, and sub-contractors, are not licensed medical doctors, chiropractors, osteopathic physicians, naturopathic doctors, nutritionists, pharmacists, psychologists, psychotherapists, or other formally licensed medical doctors. Spair, does not render medical, psychological, or other professional advice or treatment, nor does it provide or prescribe any medical diagnosis, treatment, medication, or remedy.
If I am under the care of a health care professional or currently use prescription medications, I will discuss any dietary changes or potential dietary supplements used with my doctor, and I will not discontinue any prescription medications without first consulting my doctor.

I expressly assume the risks of my participation in this Session or Program, including eating new foods, taking supplements and making lifestyle changes. I acknowledge that I am making these decisions with a sound mind and of my own recognizance. I understand that I am free to accept or reject treatment, advice or recommendations at my own free will.

My heirs, successors, executors, assigns, and I knowingly, voluntarily, and expressly, waive any claim for injury, death, or damages I may sustain as a result of participating in this Session. I further release Company and Spair from all liability, damages, causes of action, allegations, lawsuits, claims and demands in law or equity, I have or will have in the future whether foreseeable or unforeseeable arising from my past or future participation in, or otherwise with respect to, the Program.

I agree to inform the practitioner immediately if I experience any symptoms or problems. I understand that I am able to discontinue treatment at any time. I certify that I do not have any of the following conditions: bleeding disorders, local or systemic infection, seizures, fainting, or anticoagulant therapy.
I have read, understood and agree to the above statements.

KIMBERLY SPAIR LLC
Health and Medical Liability Waiver

I  certify I am the Custodian or Legal Guardian of “Minor” and I authorize the aforementioned Minor to participate in this session(s) or program (“Program,” or “Session”) presented by KIMBERLY SPAIR LLC (“Company”).

I understand that this Session will not prescribe medicine; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body and if should the Minor experience any such issues I will have them consult with a registered physician or other practitioner as determined by my own judgment.

I certify that I have consulted with a medical professional, and I have received approval for the Minor to participate in this Session.

I understand that Kimberly Spair (“She,” “her,” or “Spair”) and her employees, instructors, owners, officers, and sub-contractors, are not licensed medical doctors, chiropractors, osteopathic physicians, naturopathic doctors, nutritionists, pharmacists, psychologists, psychotherapists, or other formally licensed medical doctors. Spair, does not render medical, psychological, or other professional advice or treatment, nor does it provide or prescribe any medical diagnosis, treatment, medication, or remedy.

Furthermore, if the Minor is over the age of 13, I authorize Amber to speak to them privately, as determined by her own judgment.

If the Minor is under care of a health care professional or currently use prescription medications, I will discuss any dietary changes or potential dietary supplements used with their doctor, and I will not discontinue their use of any prescription medications without first consulting their doctor.

I expressly assume the risks of the Minor’s participation in this session or Session, including the Minor’s food selections, supplements, and lifestyle changes. I acknowledge that I am making these decisions with a sound mind and of my own recognizance. I understand that I am free to accept or reject treatment, advice or recommendations at my own free will and I take full responsibility for the Minor and their treatment.

My successors, assigns, and I knowingly, voluntarily, and expressly, waive any claim for injury, death or damages the Minor may sustain as a result of participating in this Session. I further release Company and Spair from all liability, damages, causes of action, allegations, lawsuits, claims and demands in law or equity, I have or will have in the future whether foreseeable or unforeseeable arising from the Minor’s past or future participation in, or otherwise with respect to, the Program.
I agree to inform the Minor’s doctor immediately if the Minor experiences any symptoms or problems. I understand that may discontinue treatment the Minor’s treatment at any time. I certify that the Minor does not have any of the following conditions: bleeding disorders, local or systemic infection, seizures, fainting, or anticoagulant therapy.
I understand I am personally responsible for all costs associated with the treatment and care of the Minor.

I have read, understood and agree to the above statements.