Disclaimers & Release Terms
We appreciate the opportunity to work with you as you take the important step towards better health. The form(s) you have just filled out will allow us to organize a complete, healthy program that is tailored for your own health needs and/or nutritional regimen. We will only advise you of changes that you can make on your own, integrating any current prescription medications with necessary supplementation.
Be advised, that we are not physicians, and our consultations, in no way, are intended to diagnose, treat, or cure a disease or medical disorder. Our consultations are restricted to the correction of nutritional and/or fitness deficiencies. Any references to a specific body organ and/or function, made during a consultation, are not intended to diagnose, treat, or cure a disease or medical disorder, but only to clarify the effect that nutritional and/or fitness deficiencies, or prior lifestyle issues, may have on that particular organ and/or function. Information is believed to be accurate as of the production date: however, it is subject to change.
I understand that all Nutrition Shoppe counselors / coaches and Nutrition Shoppe affiliates / partners are a natural practitioners, rather certified, licensed or specialist, each of whom do not dispense medical advice, nor prescribe treatment. Rather, provide education to enhance my knowledge of health as it relates to foods, dietary supplements, and/or behaviors with eating. While nutritional / botanical support, nutritional cooking and/or exercise regimens, can be an important compliment to my medical care, I understand that nutritional counseling is not a substitute for a diagnosis, treatment or care of disease and/or medical disorder by a medical provider.
If the under-signer /or acceptee * (hereafter referred to as the "Client", "Member/s", "Participant/s", "You / you" or "Your / your") is under the care of a healthcare professional or currently uses prescription medications, the Client should discuss any dietary changes or currently used prescription medications, the Client should discuss any dietary changes with his / her doctor and should not discontinue any prescription medication(s) without first consulting his / her doctor.
The Client acknowledges that the care they receive during their health consultation and evaluation is separate from the care they receive from any medical facility, in that the health consultation is in no way intended to be construed as medical advice or care. The Client should continue regular medical supervision and care by their primary physician.
The Client acknowledges and swears, under penalty of law, that they are not currently, or have ever been, an investigative agent for a private, public and/or government agency.
If unsolicited submissions are sent to The Nutrition Shoppe via this site, these submissions become the property of The Nutrition Shoppe and may be used, copied, sub-licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as The Nutrition Shoppe sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against The Nutrition Shoppe, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
2. Personal Responsibility and Release of Healthcare-Related Claims
The Client acknowledges that he / she takes full responsibility for their life and well-being, as well as the lives and well-being of any family
(inc. their children) they act on behalf of, during (and after) the duration of their health consultation.
The Client consents and assumes any / all risks that may be associated with health consultations, including (but not limited to) the risks of trying new foods, new supplements, new homeopathic regimens, new exercise regimens and/or new decisions made during (and after) the duration of their health consultation.
The Client releases Leonard Brancewicz, The Nutrition Shoppe, and all agents, employees and associates / affiliates (hereafter referred to as "TNS", the "Counselor", "Our / our", "We / we" or "Us / us") from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and/or demands whatsoever, in law or equity, which the Client ever had, or may potentially have (in future circumstances) against the Counselor, arising from the Client's past or future participation in, or otherwise with respect to, the health consultations.
The Counselor will keep the Client's information private and will not share the Client's information to any third party, unless required by law or with the written consent of the Client.
4. Payments and Refunds
At the time of scheduling a new / initial consultation (events and workshops excluded), a $75 deposit is required; with the remaining amount due upon completion of the Client's consultation. Events and workshops which require a deposit will include deposit details in its description. Existing clients are generally not required to pay a deposit, but are also not exempt from it. Payment forms (including deposits) are solely at the discretion of TNS, and may change at any time, with or without notice.
Payments made to TNS are not refundable; regardless of the type of activity a payment was made for, including, but not limited to, consultations, club membership fees, special events and workshops. Some events and/or workshop tickets may be transferable to a similar, future event, solely at our discretion.
All payments are due upon completion of services or activities, unless otherwise note or stated on the service or activity. If the attempt to collect or process a payment, deposit, or cancellation fee fails, TNS will attempt to contact the Client for a valid payment method. If a valid payment method is not provided or if the payment has not been received within 30 days of the first collection attempt, TNS will begin legal processes to attempt collection.
5. No-Show / Cancellation Policy
In the event that Client does not show up for their appointment, or cancels within 24 hours of a scheduled appointment, the TNS reserves the right to cancel the appointment and/or fill it with another appointment. In the event of a no-show or cancellation made within 24 hours, any previous payments (inc. deposits) the Client has made toward the missed appointment will be forfeit to TNS and the Client's appointment will be voided.
In the event that you do not show up for a non-consultation activity (e.g. event, workshop, etc.), or you cancel within 24 hours of a scheduled non-consultation activity, We reserve the right to cancel your reservation and/or fill it will another reservation. In the event of a no-show or cancellation made within 24 hours, any previous payments You have made will be forfeit to us and your reservation will be voided.
Unless otherwise arranged, all no-shows and appointment cancellations made within 24 hours of the scheduled time are subject to a
$30 cancellation fee, which will automatically be charged to the Client's card we have on file. If we do not have the Client's card on file, or the card is invalid, TNS will add the fee to the Client's next visit, or attempt to reach the Client to collect the fee; see article 4.3
The above clauses may be disregarded in the event of a legitimate (proven) emergency.
6. Arbitration, Choice of Law, and Limited Action
In the event of a dispute, between you and TNS, with respect to the services provided pursuant to this agreement, or otherwise pertaining to the relationship between the parties, both parties agree to submit a binding arbitration before the American Arbitration Association.
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 you, in the event that an award is granted in arbitration, is the refund of the consultation fee.
Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein (this agreement), may be granted to you.
This agreement shall be construed according to the laws of Georgia. In the event that any provision of this agreement is deemed unenforceable, the remaining portions of this agreement shall be served and remain fully intact.
7. Lifestyle Rewards Program
We hereby provide all terms and conditions governing our Lifestyle Rewards Program. These terms and conditions will establish an agreement that is binding on us and all Participants in our Lifestyle Rewards Program. As part of the Program, TNS will allow Participants to obtain and accumulate special points (hereafter referred to as "Lifestyle Points" or "Points"), which can be used to purchase select in-store items, coupons, gift cards, or similar rewards, which may periodically change; current valid rewards are continually updated on our Lifestyle Rewards Program page of our website.
When you purchase an eligible item (inc. eligible services or events), your Rewards Program purchase value may take up to one week to process; before it reflects your tier level or total amount of points (whichever system is relevant at the time).
Our Lifestyle Rewards Program has no fixed termination date. However, we reserve the right to terminate this Program or modify the Program after giving you at least a 14 day notice. Any such notice will be sent either by mail, email, text message, and/or by notification on our website. If we do notify our Program Members that we have decided to terminate our Lifestyle Rewards Program, you will have 30 days to redeem any / all points or rewards. You can, at any time, request to have your Lifestyle Rewards Program membership suspended / terminated, where you will no longer earn points on any purchases and have 30 days (from the date of your request) to redeem any / all points before your account will be terminated; any remaining points will expire.
You agree that you are solely responsible for all applicable federal, state or provincial withholding taxes and government fees or costs associated with Program rewards. We may ask you for a valid tax identification number for reporting purposes. Tax forms, such as an IRS Form 1099, may be issued in your name for the actual value of the rewards we send you.
8. Food-Prep, Cooking, and Fitness Coaching Services
You must be 18 years of age or older to schedule any of our food preparation, cooking, or fitness services.
All invoices must be paid prior to service(s) rendered.
Unless otherwise noted, service invoices are non-refundable.
All food, cooking utensils, travel, and other expenses incurred with this service are not included in the service cost and must be covered at a client's own expense.
Due to ServSafe regulation (as per the EHS-Net guidelines), we cannot provide food-prep / cooking services or work in an environment intended to serve others, with anyone who is knowingly infected with a contagious virus, bacteria, or pathogen (especially if fever, coughing, sneezing, or vomiting symptoms are present); and we reserve the right to determine if a scheduled service should be rescheduled. In these cases, however, you will receive a rain-check for the service you pre-paid for. Keep the service invoice for your records.
By continuing to use our service(s), you acknowledge that you have read and understood the terms, conditions, and risks of the service, and you agree to indemnify and hold harmless The Nutrition Shoppe, its staff, and its affiliates, from any and all risks or damages that may occur from using our service(s), including, but not limited to: contracting food-borne illnesses, property damage, cooking utensil or appliance damage, injury or sickness from improperly following your nutrition specialist’s food prep and/or cooking instructions, injury while exercising, and/or allergic reactions (that weren't properly documented prior to service start).
Services that remain unpaid by their scheduled time will be forfeit or subject to a late payment fee of 20% of the invoice, unless the client has cancelled within their 24 hour grace period or has made other, documented arrangements with The Nutrition Shoppe or their nutrition specialist. No-Shows are also subject to service forfeit, with special circumstances exempt. See Section 5 for reference.
* The term "Acceptee" references any individual who has check-marked any "Terms & Conditions", "Disclaimers & Release" or any similar conditional acceptance box on our website, which confirms that they have read, understood and accepted all conditions of the item and/or activity which the conditional acceptance box is attached to.