By checking the box next to this Client Agreement and Terms of Use, or by clicking the “Purchase” button on www.KellyWilhite.com, or by signing and dating this Client Agreement and Terms of Use, you (“Customer”), the purchaser of the “HEALTHY NUTRITION PROGRAM (“PROGRAM”), agree to purchase this item provided by Thriving in Wellness, LLC, a Georgia Limited Liability Company (“Company”) and agree to enter into this legally binding Agreement, with terms as follows:

For good and valuable consideration, Customer agrees to purchase PROGRAM, a personalized program (“Purchase”) from Company.  In exchange, Company agrees to provide the purchased item, with details as outlined below.

1.  PURCHASE Details

PROGRAM is a personalized program to provide educational and resource support and guidance for nutrition information and associated resources.  Customer understands and agrees this purchase includes:

a. Customer receiving educational, informational, and resource material and documentation via download or email.

b. Customer being a participant in one-on-one session time with Kelly Wilhite. 

c. Customer having access to communicate with Kelly Wilhite about this program via email and during any one-on-one session time. 

d. Once session time is complete and for 1-month thereafter, Customer having availability with Kelly Wilhite via email for questions or concerns.  If questions or concerns are such that may require extensive response, Kelly Wilhite may request Customer to purchase additional session time to cover needs.

e. Customer receiving newsletters by email by being added to this business email distribution list; Customer may unsubscribe at any time.

Customer has done sufficient research to fully understand what is included in the Purchase and what is not included in the Purchase.  Customer agrees to be bound by Company’s Disclaimer which is posted on the footer of Company’s website at www.KellyWilhite.com.  Click here for Disclaimer.

2.  PAYMENT

In consideration for the Purchase provided by Company to Customer, Customer agrees to pay Company full purchase price or sale price as indicated with purchase price online.  Customer agrees to make payment online, electronically, via secure Company website.  Customer agrees to be responsible for the full Fee.  If for some reason Customer is unable to make payment online, via secure Company website, Customer may purchase program by paying the full fee via PayPal and may use this link to do so: https://www.paypal.me/KellyWilhiteUSA.

Customer shall make payment in full before gaining any access to the Purchase.  Customer further understands and agrees that if Customer chooses to terminate the Purchase, Customer will still be responsible for all payments due under this Client Agreement and Terms of Use.

3.  REFUNDS
Company’s refund policy is as follows:
We stand behind our programs & services and your satisfaction is very important to us.  Because we have invested significant time, education, creativity, and effort in creating this PROGRAM, our refund policy is as follows:  All purchases are non-refundable.

Customer understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy.  Customer further understands that if Customer cannot participate in this PROGRAM, all payments are still due under this Agreement.  Any chargeback or threat of chargeback made by Customer will result in immediate termination of Customer’s access to any content of PROGRAM and an additional $150.

4. TERMINATION
Customer may terminate and discontinue the Purchase at any time, for any reason, by providing notice to Company in writing, subject to the refund policy in this Client Agreement and Terms of Use, but no portion of payments already made will be refunded, and are according to the Refund terms herein.

If Company is unable to provide purchase details as outlined in Section 1 above, Company or Company’s agents will contact Customer to reschedule or offer an alternate purchase.  If no suitable alternative is available, Customer may be entitled to a partial refund, which may be pro-rated depending on the nature of the Purchase, at Kelly Wilhite’s discretion.

Thriving in Wellness, LLC and Kelly Wilhite reserve the right to terminate this PROGRAM if at any point it is determined not to be advantageous for the PROGRAM to continue.  If this happens, Kelly Wilhite is responsible for advising the Customer by email and will refund Customer for funds paid.

5.  NO GUARANTEES, NO WARRANTIES
Customer is participating in this Purchase voluntarily and understands that Company makes no guarantees regarding Customer’s results with this Purchase.

Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy, or an entitlement to a refund if Customer does not achieve the desired result upon completion of the Purchase.  Customer agrees that Company is not responsible if there are errors or omissions in the Purchase or any of its materials.

The Purchase is provided “as is,” and, except for the express warranties in this Client Agreement and Terms of Use, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement.  Customer agrees not to hold Company responsible if Customer becomes dissatisfied with the Purchase. 

This PROGRAM is designed to support you in reaching your goals, but your success depends on many factors, including your own motivation, effort, and dedication, in addition to your own unique health and genetic profile, and you understand that these factors will affect your results.  You also understand that this PROGRAM offers guidance, direction, and program materials, but does not actually implement anything for you.  You are responsible for producing your results.

6.  CANCELLATIONS AND NO-SHOWS

Company understands that its clients have busy schedules and things come up, and sometimes clients must cancel or reschedule session appointments.  If this is the case, unless it is an emergency, the Client must provide this notice 48 hours before the scheduled session time.  This notice should be provided to Kelly Wilhite via phone call or email and if initially by phone, a follow-up email should be sent.  If a 48-hour advance notice is not provided, the Client will forfeit that appointment and will not have an opportunity to reschedule it yet the Client will still be charged for the session.  Kelly Wilhite will also provide the Client the same courtesy.  If Kelly Wilhite cancels or has to reschedule the session, unless it is an emergency, she must also do so 48 hours before the scheduled session time.  If she cancels less than 48 hours before the scheduled session time, unless it is an emergency, the Client will receive the rescheduled session time at no charge. 

In the event of the Client’s absence or withdrawal of previously scheduled session appointment and not contacting Kelly Wilhite within 24 hours of said appointment, the Client will remain responsible for the full program & purchase fees, plus a cancellation fee of $100.00.

7.  CLIENT RESPONSIBILITIES

As a client, I understand and agree that I am fully responsible for my physical, mental, and emotional well-being during my sessions and throughout any communications with Kelly Wilhite, including my choices and decisions.  I am aware that with my purchase of this PROGRAM, I am subject to this Client Agreement and Terms of Use that I have read, understand, agreed to, and signed.  I am also aware that I can choose to discontinue this PROGRAM and will be subject to the Termination policy as indicated herein.

Client agrees to the following:  arrive to sessions on time; actively participate in the process of the program; apply 100% effort to get results; be honest with and communicate respectfully with Company and Kelly Wilhite; complete any assignments and homework given by Company or Kelly Wilhite; and provide all information and documentation requested by Company or Kelly Wilhite.

I understand the program & services I agreed to when making this PROGRAM purchase, and in any of my sessions with Kelly Wilhite, are based upon a Professional-Client relationship I have with Thriving in Wellness, LLC and that it is designed to facilitate the creation/development of health and wellness goals and to develop and carry out a strategy/plan for achieving those goals.

I understand the program & services I agreed to when making this PROGRAM purchase, is a Professional-Client relationship that may involve all areas of my life, including work, finances, health, relationships, education, and recreation.  I acknowledge that deciding how to handle these issues, incorporating coaching, and support into those areas, and implementing my choices is exclusively my responsibility.

I understand the program & services I agreed to when making this PROGRAM purchase is not intended to diagnosis, treat, or cure any disease or health condition.  I understand the program & services I agreed to when making this PROGRAM purchase is not a substitute for medical advice from my health care practitioners or a substitute for other professional advice by legal, medical, financial, business, spiritual or other qualified professionals.  I understand that all comprehensive process in these areas are exclusively mine and I acknowledge that my decisions and my actions regarding them are my sole responsibility.

I am encouraged to advise my health care practitioners that I am participating in this PROGRAM.  I am also encouraged to advise Kelly Wilhite of any diagnosis, treatment/therapy, or medications that I obtain from my health care practitioners.  This bidirectional communication can help avoid any problematic issues.

8.  MODIFICATION

We may modify any of the terms and conditions of this Client Agreement at any time and in our sole discretion by posting a change notice or revised agreement on the www.KellyWilhite.com site or by sending notice of such modification to you by email to the email address provided to us for communications with you.  Any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent.  Modifications may include, for example, changes to payment procedures and other Program requirements.  If any modification(s) is unacceptable to you, your recourse is to terminate this Client Agreement and such termination will be subjected to the Termination terms within this Agreement.  Your continued participation in the program following the effective date of any modification(s) (e.g., the date of a change notice or revised agreement on the www.KellyWilhite.com site or the date specified in any email to you regarding such modification) will constitute your binding acceptance of the change(s).

9.  DISCLAIMERS

The Client understands that the role of Thriving in Wellness, LLC and Kelly Wilhite is not to prescribe medications or supplements or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body.  The Client understands that this relationship is in no way to be construed as psychological counseling, psychotherapy, or mental health care.  In the event that the Client feels the need for professional counseling or therapy, it is the Client’s responsibility to seek a licensed professional to provide them with that service.  Kelly Wilhite is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by Kelly Wilhite is not meant to take the place of advice by these professionals.  If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplement use with his or her doctor, and should not discontinue any prescription medications without first consulting with his or her doctor.

Kelly Wilhite is a mentor, guide, and coach who has been trained in holistic health coaching and functional nutrition to help Clients reach their health goals by helping Clients devise and implement healthy, sustainable lifestyle changes.

Kelly Wilhite may recommend functional lab work (e.g., food sensitivity testing, blood/serum, saliva, stool or urine testing, etc.).  The Client understands the cost for any lab work is not included in the price of this PROGRAM unless otherwise specified.  The Client also understands that Kelly Wilhite is not a doctor and interpretation of lab results is for educational purposes only and Client’s healthcare provider should be consulted.  Any lab work recommended by Kelly Wilhite is not intended to diagnose, treat, prevent, or cure any disease.  Any medical questions should be directed to the Client’s healthcare provider.

Kelly Wilhite may provide nutritional supplement content for educational purposes only.  The Client understands the cost for any nutritional supplements are fully Client’s responsibility.  The Client also understands that Kelly Wilhite is not a doctor and is not prescribing nutritional supplements to diagnose, treat, or cure any disease, condition, or other physical or mental ailment of the human body.  Client should consult with their healthcare provider regarding all nutritional supplementation. 

The Client has chosen to work with Kelly Wilhite and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.

If the Client encounters any difficulties, pain, allergic reactions, or adverse side effects they should stop the activity immediately and consult their doctor.  If the Client experiences a life threatening medical emergency, the Client should call 911 immediately.

The Client understands that results of any program or service provided by Thriving in Wellness, LLC are not guaranteed.  The Client enters into this Agreement with the understanding that they are responsible for creating their own results and reaching their goals.

The Client understands that Thriving in Wellness, LLC or Kelly Wilhite cannot be held liable for any advice, suggestions, recommendations, or guidance that Kelly Wilhite provides during working together with Client. 

Customer has read, understands and consents to be bound by Company’s full Disclaimer, located on the footer of Company’s website at www.KellyWilhite.com.  Click here for Disclaimer.

10.  ASSUMPTION OF RISK, PERSONAL RESPONSIBILITY, AND RELEASE OF HEALTHCARE RELATED CLAIMS

Customer is entering into this Purchase voluntarily at Customer’s own free will.  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 program & services. 

Customer confirms that during participation in this Purchase, Customer will always have the opportunity to consult with a licensed medical or mental health professional before acting on any content of the Purchase.  If Customer chooses not to consult with other licensed professionals and chooses to act on any content in the Purchase, Customer agrees that Customer is acting voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury, or other negative results.

The Client expressly assumes the risks of the program & services, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases Thriving in Wellness, LLC and Kelly Wilhite 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 ever had, now has or will have in the future against Thriving in Wellness, LLC and Kelly Wilhite, arising from the Client’s past or future participation in, or otherwise with respect to, the program & services, unless arising from the gross negligence of Kelly Wilhite.

11.  NON-DISCLOSURE AND CONFIDENTIALITY
Customer understands that this Purchase includes access to Company’s intellectual property, original work, trade secrets and other proprietary information, (“Company’s Information”), including but not limited to educational, informational, and resource material and content provided in documents, emails, verbal communications, phone or video calls.  Customer agrees not to share, distribute, repurpose, claim ownership of, use for commercial benefit, disclose to third parties or copy any of Company’s Information and agrees that doing so is in direct violation of this Client Agreement and Terms of Use.  Customer understands that this non-disclosure provision remains in effect in perpetuity and Company reserves the right to prosecute any such violation to the full extent of the law.

By participating in the PROGRAM, Customer may share private and confidential information with Company.  Thriving in Wellness, LLC and Kelly Wilhite will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law or; if authorization is given in writing via a signed Release Form by the Client or; unless the Client presents a danger to themselves or others.  In this last ase, Kelly Wilhite will inform legal authorities so that protective measures can be taken.

Client agrees to the use of verbal (by phone, face-to-face, or video conference) or in writing (hard copy, email or any other messaging system) confidential and personal information distribution.  Client assumes any risk or liability associated with such distribution and communication. 

Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.

12.  ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES

Any controversy, claim, or dispute arising out of or relating to this Agreement or program and services provided by Thriving in Wellness, LLC and Kelly Wilhite to the Client, shall be settled by arbitration administered by the American Arbitration Association. The place of arbitration shall be Atlanta, Georgia and Georgia state law shall apply.  Any such arbitration shall be conducted by a single arbitrator.  Judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  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 & services fees. 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.  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.

13.  NOTICE
All notices, requests, demands, and other communications regarding this Client Agreement and Terms of Use shall be in writing, sent via the US mail, addressed as follows:

Thriving in Wellness, LLC
1639 Tailmore Lane
Lawrenceville, GA  30043

14.  SIGNATURES
Customer and Company agree that electronic signatures and acknowledgements through Purchase are a valid form of signature for this Client Agreement and Terms of Use.

Customer has the opportunity to consult with an attorney and to have all questions answered by Company before signing this Client Agreement and Terms of Use.  By signing below or through the purchase of this PROGRAM online, Customer and Company agree to all of the terms of this Client Agreement and Terms of Use.

I, __________________________________________, have read, understand, and agree to all of the above.

__________________________________________                                          ____/____/____        

Client – Signature                                                                                                                 Client Signature Date

Client Address:__________________________________________________________________________________________

Client Email Address: _____________________________________                               Client Phone Number:  _______________________________

__________________________________________                                          ____/____/____

Kelly Wilhite – Signature                                                                                                     Date

Under Authority as Owner & Nutrition and Wellness Coach of Thriving In Wellness, LLC

Mailing Address:  1639 Tailmore Lane,  Lawrenceville, GA  30043

Phone and Email:  678.830.2144 /  [email protected]