Salt Wellness Co. Terms of Service Agreement & Liability Waiver

This Agreement is made between Salt Wellness Co. DBA Tara Michelle Health (referred to as “The Company”) and The Client (referred to as “The Client” or “You”). By accessing, purchasing, or making your first payment for any consultation session, Test Kit Product, or program (including the Gut Healing Program), The Client acknowledges, accepts, and agrees to all the terms and conditions outlined in this document. This Agreement is effective as of the program purchase date.

I. Program Agreement & Scope of Services

The program(s) and services provided under this Agreement consist of Services (coaching, interpretation, recommendations) and Test Kit Products (physical lab kits). The program, including the Gut Healing Program and Gut Well package, will/may include the following components:

  • Test Kit Products: Administration of specific lab kits (e.g., GI MAP, DUTCH Hormone, HTMA, OATs, SIBO, Thyroid, etc.).
  • Services: Professional interpretation of lab results, consulting sessions, personalized Therapeutic Diet & Lifestyle Recommendations, Supplementation Recommendations, and ongoing communication, primarily via Practice Better messaging.

Agreement Duration: This Agreement begins on the Program Purchase Date and ends on the Program Expiration Date.

II. Program Payment & Financial Terms

1. Payment Due and Termination Rights

  • Payment for the program is due in full by the Program Purchase Date.
  • The Company holds the right to withdraw The Client from services at any time if any agreed-upon payment is late or has not been received.

2. Responsibility for Payment

  • 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).
  • By payment of the first consultation session, The Client agrees to be legally obligated to pay the full amount of all consultation sessions agreed upon.

3. Strict Refund Policy (All Sales Are Final)

  • Due to the extensive time, effort, preparation, and care involved, and the immediate deployment of Test Kit Products and program materials, no refunds will be provided for any portion of the payment.
  • The Client acknowledges that all sales are final.

4. Chargeback Policy

  • The Client agrees that they will not issue a chargeback for any payment made.
  • Should The Client attempt to issue a chargeback, this Agreement will automatically terminate upon such attempt, and The Client will still remain contractually responsible for payment in full for the Program.

5. Lab Kit (Product) Replacement and Refund Policy

  • If The Client makes a mistake collecting specimens, or if the lab refuses to accept specimens due to a mistake made by The Client, a replacement test kit will be provided.
  • No refunds are allowed for any Test Kit Products once they are in The Client’s possession due to safety, hygiene, and accuracy concerns.

6. Shipping and Delivery

  • The risk of loss and title for Test Kit Products pass to The Client upon The Company’s delivery of the items to the carrier. The Company is not responsible for delays, damage, or loss that occurs after shipment.

III. Client Expectations & Program Logistics

1. Required Intake Forms and Health Disclosure

  • The intake forms are a critical and mandatory part of this process and MUST be completed prior to the intake session.
  • The Client promises to give The Company a complete and accurate account of any medical conditions they may have and any medications they are taking.

2. Communication Policy

  • The Company may only be contacted via the Practice Better secure messaging portal during the program.
  • Responses will be provided within 3 business days (Monday – Friday), and not on weekends or holidays.
  • It is The Client’s responsibility to reach out to The Company when they have questions or need support.

3. Program Timing and Expiration

  • The Client must fill out mandatory check-in surveys twice a month.
  • The Client must send their GIMAP & OATs test kit to the lab within 4 weeks of receiving it.
  • The Client must send their HTMA test kit to the lab within 8 weeks of receiving it.
  • Once lab results are received, it may take up to 3 weeks to book the lab results session.
  • Session Forfeiture: All sessions for the Gut Healing Program (Gut Well package) must be scheduled within 7 months of the purchase date, and all sessions for HTMA Stress Reset must be scheduled within 4 months of the purchase date. Failure to meet these deadlines will result in the forfeiture of any remaining sessions, barring emergency circumstances.

4. Program Pause Policy

  • The package cannot be stopped. In extenuating circumstances, it may be “paused” at the sole discretion of The Company. Restarting the program will require a re-start fee determined by The Company.

IV. Liability, Disclaimer, and Scope of Practice

1. Client Responsibility

  • The Client is responsible for their own health. The Company does not take responsibility for The Client’s health. The Client MUST take a leading role in their healing process.

2. Scope of Practice Limitations

  • Tara Udinski, acting on behalf of The Company, is a Health Coach/Practitioner, not a licensed medical doctor, counselor, or therapist.
  • The scope of services does not include diagnosis, prognosis, or treatment of any disease, medical condition, or psychological trauma/mental health issues.
  • The Company DOES NOT treat test results; the Practitioner considers The Client’s entire health history.
  • Medical Emergencies: The Company and its team NEVER deal with medical emergencies. If The Client is having a medical emergency, they MUST go directly to emergency services.

3. General Product Warranty Disclaimer

  • THE TEST KIT PRODUCTS ARE PROVIDED “AS IS.” The Company specifically disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose related to the Test Kit Products.

4. Indemnification

  • The Client agrees to indemnify, defend, and hold harmless The Company, its officers, agents, employees, and partners from any and all claims, liabilities, costs, or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of The Client’s use of the Services or Test Kit Products, or The Client’s violation of this Agreement.

5. External Policies

V. Ownership of Materials & Marketing Consent

1. Proprietary Rights and Use Restrictions

  • The Company shall retain the creative rights to all original materials, data, content, handouts, and videos.
  • This content is intended for paying Clients only. The Client may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content.

2. Permission for Marketing Materials

  • The Client grants permission for The Company to use The Client’s lab results, progress updates, and form responses as part of its marketing and educational materials on its social media accounts and website.
  • Any materials used will ALWAYS be anonymous and will remove any personal or identifying information unless written permission is granted by the Client.

VI. Choice of Law, Arbitration, and Limited Remedies

1. Governing Law

  • This Agreement shall be construed according to the laws of the State of New Mexico.

2. Binding Arbitration

  • In the event a dispute arises, the parties will submit to binding arbitration before the American Arbitration Association.
  • Venue for arbitration shall be Rio Rancho, New Mexico, unless both parties agree otherwise.

3. Limited Remedies

  • The sole remedy that can be awarded to The Client in the event that an award is granted in arbitration is a refund of the Program Fee.
  • No award of consequential, special, or other damages, may be granted to The Client.

4. Severability

  • 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.

VII. Client Acknowledgement

By purchasing any services or Test Kit Products from The Company and making the first payment, The Client acknowledges that:

The Client fully understands, accepts, and agrees to abide by all the terms hereof.

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