By purchasing the Fortitude Fertility Consulting Complete Support Program ("the Program"), you ("Client") agree to the following terms and conditions:

To best serve you, the Client Agreement should be carefully reviewed. To prevent any misunderstandings or confusion on what to expect, the Client will read the below steps and provide an initial at the bottom of every page and a signature at the end of the Agreement. This will attest to the fact that you have read the Client Agreement and understand what is expected of you, as well as what to expect from working with the Consultant.

Please review the summary below and the Client Agreement in its entirety:

1. It is very important for the Client to carefully and thoroughly complete all of the new patient forms and questionnaires before the Client’s first consultation.
2. The questionnaires supplied for you to complete were developed to gather important information about your previous medical care, current health complaints, lifestyle, and mindset. These questionnaires will allow your Consultant to correctly pinpoint the most probable explanation of your infertility. However, your Consultant is in no way diagnosing, treating, or acting as a medical professional, even if she may contain an active medical licensure. You will be given recommendations only, and no medical treatment will take place.
3. The Consultant will not be ordering any insurance-covered services, or filing to your insurance. No ICD-10 codes will be supplied, as she is in no way diagnosing or treating.
4. If you have not had a physical examination within the last year or since the start of your most recent health problem, it is highly recommended to schedule an appointment with your primary physician or OB/Gyn, as your Consultant will not be doing any physical examination or seeing you in person. Other things such as ultrasounds, scans, or traditional laboratory testing processed through insurance would also be completed outside of this contract with the Client. The Consultant will not order or prescribe any such testing.
5. The results of your lab tests may take up to approximately three weeks. The Client will be presented with a copy detailing the results at the next scheduled appointment, but not prior.
6. Correspondence by direct message, e-mail, or other means is acceptable and encouraged for any questions. Note that any correspondence via text, email, phone, video, Facebook, Instagram, or any other means during and after your entire relationship with us is not HIPPA or medically secure, and the Client shares information on these platforms willingly.
7. The Consultant will do their best to accommodate all scheduling needs. It is the Client’s responsibility to reach out and inquire about setting up a time for all appointments, or scheduling if nothing is available on the online calendar provided.
8. Payment for this package must be paid in full, or in the agreed-upon means. No services will be provided prior to payment.
9. There will be no refunds of payment or pauses in the program, for any reason, regardless if the Client completes his/her time with the Consultant.
10. Once laboratory work is sent out to the client, you are responsible for completing it in a timely manner. Please let your Consultant know right away if you will not be able to complete laboratory testing for an extended period of time for any reason.

• AUTHORIZATION OF CONSULTATIONS:
  1. This Fertility Consulting Agreement (hereinafter referred to as the “Agreement”) is entered into on ___________________ (the “Effective Date”) by and between: Jessica Boone (hereinafter referred to as the Consultant) and _________________________________ (hereinafter referred to as the “Client”) (collectively referred to as the “Parties”) whereby the Client hereby authorize health, mindset, lifestyle, nutritional, and other such consultations for myself by the Consultant. The Consultant agrees to provide Fertility Consulting Services for the Client focusing on the Terms And Services outlined below for the Complete Support Program.
• NOTICE AS TO NATURE OF SERVICES:
  1. The Client seeks the fertility consulting services of the Consultant, employees and staff. The Client understands that this team uses some recommendations that some may be considered holistic, complementary or alternative. Some of these methods have not been accepted by mainstream medicine. The Client understands that the principles of this practice is to blend the education and knowledge from traditional healthcare with the principles of Functional Medicine, a health system, in which we believe that the body has an inherent ability to heal itself given the right tools.
  2. The Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the fertility consulting relationship and his/her consulting calls and interactions with the Consultant. As such, the Client agrees that the Consultant is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Consultant. The Client understands that consulting is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
  3. The Client fully understands that the advice and recommendations that are provided by the Consultant are not to be considered medical advice and are for informational and educational purposes only. Fertility consulting services are not medical care and therefore do not have a legal provider-patient relationship. The Consultant (although a licensed physician assistant in many states) is not responsible for establishing any medical diagnoses and no medical treatment will be delivered.
  4. In no way is the Consultant asserting or implying to holding themselves out to be a Medical Doctor (MD), Physician Assistant (PA), or any other medical professional in this consulting relationship. Furthermore, the term “patient” may be utilized, and is understood as a customary term and does not imply or expressly constitute a conventional doctor/patient relationship has been established. The term “client” will be most solely used.
  5. The Client acknowledges that fertility consulting does not involve the diagnosis or treatment of any medical conditions and should not be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.
  6. If the Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the fertility consulting relationship agreed upon by the Client and the Fertility Consultant.
  7. Some of the recommendations and thoughts that are used by the Consultant include, but are not limited to the following:
     1. The Client understands that to enhance the fertility consulting relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the program. The key to an effective consulting relationship is communication.
     2. A person’s lifestyle habits may impact their fertility status. The Consultant will evaluate these factors and seek to help the Client give up negative lifestyle patterns and establish more positive ones regardless of age or type of medical problem.
     3. Although prescription and over-the-counter medications are used when a physician believes it is necessary, an attempt will be made to use products that are naturally familiar to the body. These include but are not limited to, nutritional supplements such as vitamins, minerals, enzymes, amino acids, essential fatty acids, and foods.
     4. The Consultant will look for imbalances in the body and for trends that may impact fertility if not addressed, tests are sometimes ordered that may be considered by consensus mainstream medicine to be either unnecessary or of no value. These may include tests for nutritional status, such as blood levels of vitamins and minerals, hormone levels, tests for heavy metals or tests for allergies.
     5. The Consultant feels that environmental factors may play a role in fertility health. Individuals may vary greatly in their susceptibility to various substances, so that one individual may have a tremendous impact by an exposure to a substance while another is not at all affected. The Consultant will attempt to identify offending substances and help the Client detoxify from past exposures that may be impacting their fertility.
     6. The Consultant believes in a person being involved in their own health care and encourages questions, exploration, and participation in decisions.
     7. Exercise is extremely important in maintaining health and promoting wellness. Graded exercise, both aerobic and stretching, is encouraged for the Client. The Consultant advises that you consult your healthcare provider and complete a comprehensive physical exam before engaging in any such activities.
     8. The Consultant will not and cannot prescribe any medications due to the nature of this relationship being that of consultation only.

3) TERMS AND SERVICES

• The Parties agree to engage in the Complete Support Program (as outlined below under Schedule and Fees) through telephone or teleconference meetings. The Complete Support Program is 14 CONSECUTIVE WEEKS in duration.
• Schedule and Fees:
  1. The Agreement is valid as of the date of purchase and will expire 14 weeks after the initial date of purchase.
  2. The fee for the Complete Support Program is $2900. Payment is due in full at the time of enrollment. We accept credit/debit card payments for your convenience. All payments are processed securely and with the utmost respect for your privacy and security. Once payment is received, you will gain immediate access to the course materials.
  3. The fee is due prior to the first consultation.
  4. Investment from the Fertility Deep Dive (up to $350) can be applied to the payment.

• The Complete Support Program includes the following:
  1. Up to 7 total Personalized Fertility Consulting Support Calls: These sessions will be approximately 30 - 45 minutes in duration. There will be up to 2 Personalized Fertility Consulting Support Calls scheduled per month, not to exceed 7 total calls over the course of the 14 consecutive weeks program.
     1. Please note that the Personalized Fertility Consulting Support Calls are designed to be utilized within the month they are scheduled for (up to 2). Unfortunately, if the Client does not schedule or use these sessions within the designated month, they will not be carried over to the subsequent month.
     2. It is recommended to only schedule one Personalized Fertility Consulting Support Call during your last month.
  2. Conclusion Call: 20-minute call to review your progress, treatment outcomes, and help prepare for you the journey ahead. To be scheduled between week 14.
  3. $700 Lab Credit: only available to be used at Rupa Health Labs to be used for recommended labs to identify the root cause of your infertility. No refunds of this lab credit will be issued.
     
  4. Recorded Lab Review: a recorded session where we will discuss your results and protocol 
  5. Direct Messaging: the Consultant will be available to the Client by direct messaging or e-mail in between scheduled meetings and will respond within 72-hours Monday - Friday.
  6. Access to Fortitude Fertility Consulting's Client portal
  7. The Consultant may also be available for additional time, per Client’s request on a prorated basis rate of $200 per hour (for example, reviewing documents, reading or writing reports, engaging in other Client-related services outside of fertility consulting hours).

•  NOTICE THAT THE CONSULTANT IS NOT PROVIDING PRIMARY CARE OR OB/GYN SERVICES:
  1. The Client understands that the Consultant is not acting as my primary care physician or OB/Gyn. As such, emergency services are not offered. The Client understands that even though the Consultant may address issues affecting general and fertility health, the Consultant is focused on a complementary, functional, holistic approach. It is required for the Client to have a primary care physician and/or OB/Gyn to ensure that the Client is fully appraised of all available conventional means to address any medical conditions.
  2. This is also important because these services are exclusively virtual-based and are not affiliated with a hospital. If the Client becomes so ill that the Client requires hospitalization, it is vital that the Client has a primary care physician or OB/Gyn with hospital admitting privileges familiar with the Client’s health problems and history. The Client understands that in addition to a primary care physician and/or OB/Gyn, it may be in my best interest to have appropriate specialists, such as a cardiologist if the Client has cardiac problems.

•  NO GUARANTEES:
  1. The Client understands that the Consultant does not make any representations, claims, or guarantees by undergoing consultations with the Consultant. However, the Consultant will do their best to help the Client accomplish their fertility health and wellness goals.
•  NUTRITIONAL SUPPLEMENTS:
  1. The Client understands that the Consultant may make nutritional supplements and other recommended products available. Some of these products are not available through retail outlets. These are provided for the convenience of clients. The Client is in no way obligated to purchase these products from the Consultant. The Client is free to purchase any recommended supplements or other products from any source of the Client’s choosing. The Client further understands that the Consultant makes no statement expressed or implied about any product recommended that it is intended to diagnose to treat any disease. No statements made by the Consultant are evaluated by the FDA.
•  INSURANCE CLAIM MANAGEMENT:
  1.  The Consultant does not participate nor is contracted with any insurance company. The Consultant will not provide a receipt or an encounter form to submit to insurance and does not prepare or submit insurance claim forms. The Consultant is not obligated to respond to insurance carrier requests for information and is not obligated to take action on the Client’s behalf against an insurance carrier for collecting or negotiating my any claim.
  2.  The Client is responsible for the payment of services provided by the Consultant at the time of service without regard to insurance coverage. The Client is entitled to know the cost of all services and procedures in advance and it is the Client’s responsibility to ask if they are not told to me.
•  FINANCIAL INSURANCE RESPONSIBILITY FOR ALL SERVICES:
  1. The Client understands that it is his/her/their responsibility to pay including fees for laboratory and/or other clinical diagnostic testing and/or services requested by the Consultant. The Client also agrees to be responsible for costs and expenses, including court costs, attorney fees, and interest, should it be necessary for the Consultant to take action to secure payment of an outstanding balance owed.
  2. Any and all past due patient balances, if applicable, will be collected before the Client’s appointment. In addition to the fee for consultations, the cost for lab work or other specialized testing deemed appropriate to my case will be applied to my balance if necessary.
•  TERMINATION/REFUNDS:
  1.  It is clear that there will be no refunds for any services agreed upon by the Client and the Consultant.
     1.  If the Client pays in full and is unable or unwilling to complete the time with the Consultant or Company, regardless of how much time, if any, the parties have spent together, the Client will not receive a refund of any kind.
     2.  If the Client is on a payment plan, the Client fully agrees and understands that the Client is responsible for fulfilling all monthly payments as outlined in the payment schedule (typically on the first of each month), and the Client will not be given any consultations or email access until that payment is complete. If the Client is on a payment plan, the Client agrees to complete all months of payment regardless of if the Client completes the work with the Consultant, or discontinues services, and regardless if the Client misses an appointment, or even entire months with the Consultant regardless of what the reasoning may be.
  2.  In addition, if the Client misses an appointment, or multiple appointments due to any reason, the Client will not be granted additional time onto the Client’s package.
  3.  The Client is fully aware there are no “pauses” in the program. The Client agrees that when the Client signs on as a client, the time with the Consultant is for consecutive months only, with no exceptions.
  4.  If the Client must miss a month or multiple months, the Client will not get reimbursed for that payment or time. There are no partial refunds.
  5.  If a payment plan is chosen, the Client understands that the Client is fully responsible for making the initial deposit payment in full upfront, prior to the Client’s first appointment.
•  APPOINTMENT CANCELLATION POLICY:
  1.  The Client agrees that it is the Client's responsibility to notify the Consultant of cancellation 48 hours in advance of the scheduled call/meeting. If given the proper notice, the Consultant will attempt in good faith to reschedule the canceled meeting.
  2.  If the Client misses an appointment, or multiple appointments due to any reason, the Client will not be granted additional time onto the Client’s package. Fertility Consultant reserves the right to bill Client for a missed meeting. Fertility Consultant will attempt in good faith to reschedule the missed meeting.
•  CONFIDENTIALITY:
  1.  This Fertility Consulting relationship, as well as all information (documented or verbal) that the Client shares with the Consultant as part of this relationship, is bound by the principles of confidentiality. However, please be aware that the Consultant-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege.
  2.  The Consultant agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Consultant will not disclose the Client’s name as a reference without the Client’s consent.
  3.  Confidential Information does not include information that: (a) was in the Consultant’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Consultant from a third party, without breach of any obligation to the Client; (d) is independently developed by the Consultant without use of or reference to the Client’s confidential information; or (e) the Consultant is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Consultant and as a result of such disclosure the Consultant reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Consultant in a timely manner.
•  NON-HIPAA COMPLIANCE:
  1. While the Consultant prioritizes the privacy and confidentiality of the Client, it is important to note that the services provided by the Consultant do not adhere to the Health Insurance Portability and Accountability Act (HIPAA) regulations. Therefore, the Consultant cannot guarantee the same level of privacy and security as medical providers who are HIPAA compliant.
•  USE OF KAJABI PLATFORM:
  1.  We leverage the Kajabi platform to deliver our services, including educational materials, courses, and consultations. Kajabi is a powerful tool that allows us to provide a user-friendly experience, but it's important to note that Kajabi is not a medical platform and does not provide medical services. The Kajabi platform is not HIPAA compliant.
•  INTELLECTUAL PROPERTY:
  1.  Hereby, the Client agrees that any intellectual property provided to him/her by the Consultant will remain the sole property of the Consultant, including, but not limited to, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information or trade secrets.
•  EXCLUSIVITY:
  1.  The Parties agree that this Agreement is not an exclusive arrangement and that the Consultant is entitled to enter into other similar agreements with other clients.
•  LIMITED LIABILITY:
  1.  Except as expressly provided in this Agreement, the Consultant makes no guarantees, representations or warranties of any kind or nature, expressed or implied with respect to the Fertility Consulting services negotiated, agreed upon and rendered. In no event shall the Consultant be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Consultant’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Fertility Consultant under this Agreement for all fertility consulting services rendered through and including the termination date.
•  ENTIRE AGREEMENT:
  1.  This document reflects the entire agreement between the Fertility Consultant and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Fertility Consultant and the Client.
•  DISPUTE RESOLUTION:
  1.  If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Consultant agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the Client will pay all costs including reasonable attorney fees, should that become necessary.
•  SEVERABILITY:
  1.  If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
•  WAIVER:
  1.  The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
•  APPLICABLE LAW:
  1.  This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without giving effect to any conflicts of laws provisions.
•  AMENDMENTS:
  1.  The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement. As such, any amendments made by the Parties will be applied to this Agreement.

•  CLIENT ACKNOWLEDGEMENT:
  1. The Client certifies and agrees to receive consultation services only and/or they are not substitution for appropriate medical care. The Client does not represent any third party. The Client has read, understands and agrees to the foregoing.
  2. The Client understands that the Client has the right to review this consent with an attorney if I choose before accepting any consultation or services. The Client has executed this consent freely and willingly understands its provisions.
  3. The Client recognizes that the Consultant will rely upon the Client’s signing of this Agreement in accepting the Client as a client and establishing me under legal contract. The Client acknowledges receipt of a copy of this Agreement if I have requested it.
  4. The Client hereby acknowledges that by signing this Agreement he/she understands that some of the consulting, medical, preventative, nutritional, and diagnostic consultation provided may be innovative, non-traditional or unconventional and is consulting only and not to be construed to qualify as medical or nutritional advice and it is for informational and educational purposes only.
  5. The Client also understands that these unconventional services may be viewed by 3rd party insurance purveyors as non-covered services, in that they might be considered unreasonable or unnecessary under any medical insurance program. The Client acknowledges that these services are not covered by insurance and that the Client will be personally responsible for payment.
  6. The Client will pay all costs including reasonable attorney fees, should that become necessary. The Client understands that all outstanding balances bear interest at the maximum rate allowed by law.

By enrolling in the Fortitude Fertility Consulting Complete Support Program, the Client acknowledges that they have read, understood, and agreed to these terms and conditions outlined in this Agreement.