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ATELIUM LLC — WELLNESS SERVICES AGREEMENT
Trimester 0 Program · Trimester 0 VIP
This Wellness Services Agreement ("Agreement") is made by and between Atelium LLC, a Texas limited liability company located at 1000 Heritage Center Circle, Suite 108, Round Rock, TX 78664 ("Practitioner"), and the person purchasing the Services at checkout ("Client," "You," or "Your") (individually a "Party," and together the "Parties") and is effective as of the date of Your purchase.
The Services are delivered by Melissa Schemionek on behalf of the Practitioner.
The Parties agree as follows:
1. Wellness Services
Practitioner will provide You with wellness services to support Your general well-being, cycle health and the preparation of Your body for pregnancy, based on the Practitioner's C.L.E.A.R. Method, in the package You select at checkout ("Services"):
a. Trimester 0 Program — a 12-week wellness program that includes:
- four (4) private 1:1 wellness sessions with Melissa Schemionek by video conference, at the key points of the program: Your start, Your plan, adjusting, and before Your next step;
- Your personal Readiness Plan, built on the C.L.E.A.R. Method, including nutrition, lifestyle and dietary supplement recommendations to support general well-being, adjusted to how Your body responds and to where You are in any fertility treatment;
- a personal dashboard on the Practitioner's learning platform with session recordings, Your plan and all program lessons;
- questions by email, answered within 48 hours on business days.
b. Trimester 0 VIP — a 12-week wellness program that includes everything in the Trimester 0 Program, and in addition:
- six (6) private 1:1 wellness sessions (instead of four) by video conference, timed to Your treatment, including a session before each major clinic step (such as retrieval and transfer) and one session for Your partner;
- direct messaging with the Practitioner, answered the same business day;
- adjustment of Your Readiness Plan after every new result and every treatment step.
c. Your State. Where the laws of the state in which You are located reserve individualized nutrition or dietary supplement recommendations to licensed professionals, the Practitioner will provide the nutrition and supplement components of the Services as general wellness information only. You agree to tell the Practitioner the state in which You are located and to inform the Practitioner if it changes.
2. Services will adhere to the following:
a. Scheduling. Each wellness session will be scheduled by email or through the booking link the Practitioner sends You, for an agreed upon date and time, convenient for both Parties.
b. Duration. Each session will last 60 minutes.
c. Wellness Session Expectations. You are expected to engage professionally and respectfully during each Session with the Practitioner. Failure to provide respectful and professional behavior at all times in each Session may be grounds for termination. Termination is made at the Practitioner's discretion and may include termination from the Session or from the remainder of this Agreement.
d. Weekly Engagement. The Practitioner will engage with You through Your Readiness Plan, the weekly program lessons on Your dashboard and the messaging support included in Your package. The Practitioner will assign focus areas and actions from Your Readiness Plan and will review them with You and adjust Your plan at each session.
e. Session Cancellation by the Practitioner. The Practitioner reserves the right to cancel or reschedule a wellness session, for any reason. You will be notified in advance of the reschedule date for the cancelled session. You will not be charged for a session being rescheduled by the Practitioner.
f. Rescheduling by You. If You need to reschedule a wellness session, You must notify the Practitioner at least 24 hours in advance of Your next session. The Practitioner may charge You with a cancellation fee if You fail to provide the required advance notice.
g. Missed or Late to Session. If You are later than 15 minutes to Your session or miss Your session without requesting a timely reschedule, You will forfeit that session and will not be allowed to reschedule. You may be charged a cancellation fee.
3. Payment & Cost
The total cost of Your Services is:
- Trimester 0 Program: 3,500 dollars when paid in full, or 3,750 dollars on the payment plan (1,500 dollars at purchase, followed by 2 monthly payments of 1,125 dollars);
- Trimester 0 VIP: 5,500 dollars when paid in full, or 5,850 dollars on the payment plan (1,500 dollars at purchase, followed by 3 monthly payments of 1,450 dollars).
You will pay for Your Services through the Practitioner's online checkout (ThriveCart, with payments processed by Stripe), either in full at purchase or on the payment plan You select at checkout, with installments charged automatically to Your payment method each month. Where offered at checkout, You may also pay through a third-party financing provider (such as Klarna or Affirm) under that provider's own terms. Failure to provide timely installment payments may lead to a 5% late fee on top of Your current balance due. Failure to provide prompt payment in full will delay the start of any subsequent Sessions.
The Practitioner does not accept insurance or negotiate with insurers, and the Services are likely not reimbursed by any insurer. You are financially responsible for Your Services and agree to pay the charges incurred.
4. Term & Termination
a. Term. Your Services will start on the date of Your purchase and will end four (4) months after that date ("Term"). If Your Sessions have not been completed before the end of the Term, and You have not requested to reschedule, You will forfeit any remaining Sessions.
b. Termination. Either Party may terminate this Agreement at any time, upon written notice via email to the other Party.
c. Termination by the Practitioner. If the Practitioner terminates this Agreement, You will be provided a refund, pro-rated for Your remaining Sessions. If the Practitioner terminates this Agreement, due to Your failure to adhere to Section 2.c., above, You will forfeit any refund.
d. Termination by You. If You terminate this Agreement prior to completion of Your Sessions, You will receive a pro-rated refund, less an administration fee of 100 dollars for early cancellation.
5. Disclaimers and Disclosures
a. No Guarantee. You recognize the Practitioner cannot guarantee results or any specific outcomes from the Services. You are solely responsible for any action or inaction taken based on Your interpretation of any information presented or engagement with the Services and the Practitioner.
b. Empowerment Purposes, Only. You understand and acknowledge the Services are for Your personal development purposes only. The Services are not meant to diagnose, treat, cure, or prevent a medical condition or fix a physical or mental illness or injury. The Services are not meant to establish a patient-provider relationship, establish a standard of care, or offer medical, dietary, or therapeutic care, advice, opinion, diagnosis, or treatment. Even if the Practitioner is a licensed or certified health care provider, they are not functioning in the role of a licensed medical provider while providing the Services but rather using their training to inform and educate You, and help You optimize Your wellbeing in at least one of the six dimensions of wellness: physical, mental, emotional, spiritual, intellectual, social. The Services are not intended to replace independent professional or medical judgment. The Services are not intended to solicit patients; and should not be relied upon as medical, psychological, or other professional advice of any kind or nature whatsoever. The information provided through the Services should not be used for diagnosing or treating any mental or physical health problem or disease. The information contained in the Services is not comprehensive and does not include all the potential information regarding the subject matter but is merely intended to serve as one resource for general and educational purposes. The Practitioner is not replacing care currently provided to You by other licensed health care providers, such as Your current primary care physician. You are responsible for Your own health care decision-making by obtaining any necessary consultations with appropriately licensed health care professionals such as physicians and psychologists. You should maintain a relationship with a licensed health care provider who is available to provide emergent and urgent care to You.
c. Client Responsibility for Self-Care. You understand any inner-directed work or reflection can bring up distressing feelings, images, thoughts, and behaviors. You agree to seek medical assistance or psychotherapy or any other appropriate physical or mental treatment from a practitioner duly licensed in Your State of residence (such as a licensed medical doctor or licensed psychologist) if You find these distressing aspects create a danger for Yourself or for others.
d. Client Limitations. You are responsible to consult with Your physician or a licensed health care provider before starting the Services. By starting the Services, You affirm You are in good physical condition and do not suffer from any mental or physical disability which would prevent or limit Your participation in the Services. You will not start the Services if Your licensed health care provider advises against it.
e. Client Participation. The Parties will work together as a team during Your Sessions to help You reach Your goals. The Practitioner will help You develop and refine Your goals into actionable and attainable steps, while supporting You throughout Your journey. This requires You to be an active participant for best outcomes.
You are responsible to disclose to the Practitioner any relevant information needed to receive Services safely and efficiently, which may include medication, care, treatment, diagnoses, and assessments from Your licensed medical provider(s).
You agree to seek medical assistance for any appropriate physical or mental treatment from a practitioner duly licensed in Your State of residence, if You find You require additional services beyond the scope of this Agreement. The Practitioner may suggest seeking additional services from a practitioner duly licensed in Your State of residence, if the Practitioner feels services beyond the scope of this Agreement are needed.
f. Assumption of Risk; Indemnity. You knowingly, voluntarily, and intelligently decide to receive the Services, and You knowingly, voluntarily, and intelligently assume all risks involved in the same. As a result of Your assumption of these risks, You agree to release, hold harmless, indemnify, and defend the Practitioner and their agents from and against any and all claims (excluding claims of grossly negligent or intentional conduct on the part of Practitioner) which You (or Your representatives) may have for any loss, damage, or injury arising out of or in connection with use of the Services described above, or arising out of or in connection with referral to other practitioners or merchants for delivery of any products or services.
g. Limited Remedies. In the event of any failure, error, or breach related to this Agreement, the Parties agree that the remedies available shall be limited. The sole and exclusive remedy, to the extent permitted by applicable law, shall be either the re-performance of the Services or a refund limited to the amount paid by the Client for the Package in this Agreement, at the discretion of the Practitioner. Under no circumstances shall either party be liable for any indirect, incidental, special, exemplary, or consequential damages, including but not limited to loss of profits, revenue, or data. This limitation of remedies is intended to provide both parties with a fair and predictable outcome should issues arise, allowing for clear and manageable resolutions.
h. Social Media. The Practitioner will engage in social media practices which protect Your Health Information. Social media includes, but is not limited to: Facebook, Twitter, Instagram, YouTube, Snapchat, blogs, and the Practitioner's webpage. Health Information includes, but is not limited to: the results of, or participation in, wellness sessions, health assessments, questionnaires, general wellness and lifestyle education or services; medical history; or information protected under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-91, as amended, and related HIPAA regulations (45 CFR. Parts 160-164).
The Practitioner will receive written permission and release from You prior to recording or posting any testimonials, photos, videos, recordings, or comments online in social media or on the Practitioner's website. All Client permissions and releases will be stored and retained for the minimum time, as required by law.
i. Services Provided via Electronic Communications. Any Sessions provided through an electronic delivery will include electronic communication (including two-way audio-visual communication), as defined by applicable law. There may be limitations to image quality or other electronic problems that are beyond the control of the Practitioner. Despite reasonable security measures, online communications can be forwarded, intercepted, or even changed or falsified without either Party's knowledge. With Your consent, the Practitioner may record Sessions and make the recordings available to You on Your personal dashboard.
j. No Client Recording of Sessions. By accepting this Agreement, You hereby agree not to video or audio record any Services rendered by Practitioner. Recording Services shall constitute a violation of the Business Confidentiality provision of this Agreement.
k. Dietary Supplements—Risk, Benefits & Alternatives. Dietary supplements are marketed for general well-being, or as intended to affect the normal structure or function of the human body—for example, "calcium builds strong bones." Thus, although Practitioner may recommend dietary supplements with a specific therapeutic purpose in mind, manufacturers and distributors are prohibited from making drug or therapeutic claims for dietary supplements, and their use in conjunction with the Services is chiefly designed to support general well-being or certain aspects of Your metabolic function. While most dietary supplements are generally considered safe, efficacy has not conclusively been established; and in some cases, adverse reactions can occur if You are concurrently using pharmaceutical medications (drugs). For this reason, it is important to keep all of Your healthcare providers fully informed about all medications and dietary supplements You may be taking.
l. Sales of Dietary Supplements. You understand that Practitioner makes available nutritional supplements and other products to clients through affiliate partners. This is because the Practitioner believes they can identify dietary supplements that have high quality of ingredients and/or quality of science behind the product, quality, bioavailability. Further, with regard to the sales of dietary supplements, the Practitioner receives a commission on purchases made through the Practitioner's affiliate links, and the Practitioner has a financial interest in sales of these products. You understand that You are not obligated to purchase these products and can purchase dietary supplements and other products from any source of Your choosing. You understand that the Services You are offered will not be affected if You choose to purchase similar products elsewhere.
m. Accessibility. Practitioner is committed to providing a supportive and inclusive coaching experience. Please inform Practitioner of any accessibility needs or preferences You may have, including but not limited to, communication preferences, session format, or required accommodations, so Practitioner can ensure a comfortable and effective coaching relationship. Please note that Practitioner may not be able to reasonably meet all Your accommodation needs and You may need to seek a Practitioner who specializes or has access to special circumstances.
n. Use of Artificial Intelligence. Practitioner may use artificial intelligence to assist in delivering Services to You. Any artificial intelligence used by Practitioner shall not replace Practitioner's own professional judgment in providing Services to You and Practitioner shall review all content generated by artificial intelligence for accuracy and appropriateness.
6. Confidentiality
You have the right to confidentiality and privacy by the Practitioner.
a. Confidentiality, Generally. The Practitioner will keep Your Health Information private and will not disclose Your Health Information unless You have provided written authorization, or as required by law or regulation. The Practitioner will not permit unauthorized access to Your Health Information. Access to Your Health Information by the Practitioner will be limited to the minimum necessary required for business purposes. Your Health Information will be safely stored, safeguarded, and disposed of in accordance with the Practitioner's internal policies. The Practitioner is not responsible for unauthorized access of Your Health Information if You voluntarily made Your Health Information available for viewing by third parties online (for example on social media).
b. Authorization for Release of Health Information and Required Notice. The Practitioner will provide You with the Practitioner's Authorization for Release of Health Information and Required Notice before Your first session. You acknowledge this must be signed and returned to the Practitioner prior to starting the Services.
c. Business Confidentiality. The Practitioner's Services, Program, original materials, business information, and materials used by the Practitioner with permission from the original author or owner, (collectively referred to as "Materials") provided to You are for Your individual use only and are a single-user license. Materials are copyrighted and shall remain the sole property of the Practitioner or the original author or owner. You are not authorized to use any Materials for Your business purposes. You may not sell or distribute Materials. You agree (1) to not infringe on any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that the Materials are confidential and proprietary, and belong solely and exclusively to the Practitioner or the original author or owner, and (3) not to disclose the Materials to any person or use it in any manner other than in discussion with the Practitioner. Further, any violation of this Section is grounds for the Practitioner's request of injunctive relief to prohibit any such violations.
7. General Provisions
a. Assignment. Neither Party may assign this Agreement without prior written consent of the other.
b. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. Facsimile, pdf, or electronic signatures will for all purposes have the same force and effect as an original signature on this Agreement.
c. Entire Agreement & Amendment. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, communications, and writings, whether written or oral, between the Parties. The terms and conditions of this Agreement may only be amended by mutual written agreement of the Parties. No other modification, amendment or addition to this Agreement will be valid or enforceable unless in writing and signed by the Parties.
d. Governing Law. This Agreement will be governed, construed, and enforced in accordance with the substantive laws of the State of Texas, without regard to its choice of law provisions.
e. Headings. The headings in this Agreement are for convenience of reference only, and under no circumstances should they be construed as being a substantive part of this Agreement nor will they limit or otherwise affect the meaning thereof.
f. Interpretation and Severability. If any provision of this Agreement is held invalid or unenforceable the remaining provisions and paragraphs will continue in full force and effect and will be binding on the Parties.
g. Waiver. The waiver by either Party of a breach or violation of any provision in this Agreement will not operate or be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights, or privileges. Failure to insist upon full performance of the obligation or failure to exercise rights under this Agreement will not constitute a waiver as to future defaults or exercise of rights.
h. Pre-Suit Notice Requirement. Before filing any claim, demand, or legal action of any kind against Practitioner arising from or related to this Agreement or Your use of the Services, You must first provide written notice to Practitioner at the following address: Atelium LLC, 1000 Heritage Center Circle, Suite 108, Round Rock, TX 78664, with a copy by email to info@atelium.co. Your notice must describe the nature of the claim, the specific conduct or condition You believe gives rise to it, and the relief You are seeking.
Practitioner will have 30 days from receipt of Your written notice to investigate and, where appropriate, cure the issue described. If Practitioner cures the issue within that 30-day period, You agree that no claim may be filed. This notice and cure requirement is a condition precedent to any legal action and applies to all claims, whether based in contract, tort, statute, or any other legal theory.
This requirement does not limit Practitioner's ability to seek emergency or injunctive relief in any court of competent jurisdiction.
i. Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration in Williamson County, Texas, before one (1) arbitrator. The arbitration will be administered by AHLA Alternative Dispute Resolution Service Rules of Procedure for Arbitration, in Williamson County, Texas. Judgment on the award may be entered in any court having jurisdiction. This provision will not preclude either Party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator. You agree to submit any claims arising out of this Agreement to binding arbitration, and this dispute resolution provision constitutes a waiver of Your right to a jury trial. HOWEVER, prior to the Parties initiating Arbitration the Parties agree to attempt mediation of the dispute with a mutually agreeable trained mediator in Williamson County, Texas. "Trained mediator" means a professional with actual training and experience in the field of Mediation and/or dispute resolution.
j. Class Action Waiver. You agree to bring any claim against Practitioner only in Your individual capacity and not as a plaintiff, class member, or participant in any class action, collective action, consolidated action, private attorney general action, or other representative proceeding.
No arbitration or court proceeding involving any claim by You against Practitioner may be combined with any other arbitration or proceeding without the written consent of all parties. This waiver applies regardless of whether the proceeding is brought in arbitration or in court.
If a court determines this class action waiver is unenforceable for any reason, then the agreement to arbitrate will not apply to the affected claim, and that claim will proceed in a court of competent jurisdiction in Texas on an individual basis only.
For the purposes of this Agreement, an electronic signature shall be recognized and treated in every respect as holding the same validity and enforceability as an original handwritten signature. The Client's acceptance at checkout alone constitutes acceptance of these terms.
Acceptance
BY CHECKING THE BOX AT CHECKOUT AND COMPLETING YOUR PURCHASE, YOU ACKNOWLEDGE YOU HAVE CAREFULLY READ THIS AGREEMENT, AGREE TO IT, UNDERSTAND IT, AND ACCEPT IT VOLUNTARILY. You also acknowledge You have been provided with a copy of this Agreement. No representation or statements, oral or written, have been made to You, apart from those described in this Agreement.
Practitioner: Atelium LLC, 1000 Heritage Center Circle, Suite 108, Round Rock, TX 78664 · info@atelium.co