TERMS OF SERVICE
These Terms of Service including Annexes 1 and 2 apply to the services provided to you (the Customer) by JUSTIN ERLICH L.Ac. (the Coach) which you have agreed to and consented to by creating your account with him on the previous page.
Coach will provide to Customer the following services, which are included in this Retail Package Option 2:
- Day 1:
- Session 1 with Justin via a 30 minute video conference;
- Establishment of the focus area (a trigger or struggle) for the 28-day challenge;
- Reception of the 2-point awareness meditation instructions and audio guided meditation;
- Setting of date and time for midpoint session (2 of 3) with Justin.
- Day 2-7:
- Reception of daily emails with encouraging prompts for Customer’s meditation, including easy access to the audio guided meditation;
- Practice of 2-point meditation daily after drinking the 3-Shen tea and applying the 3-Shen oil (Customer obligation);
- Day 8-13:
- Practice of 2-point meditation with the 3-Shen tea and oil daily (Customer obligation);
- Day 14:
- Session 2 with Justin on video conference for 30 minutes;
- Date and time setting for final session (3 of 3) with Justin;
- Day 15-27:
- Continued practice of the 2-point meditation daily (Customer obligation);
- Customer shall begin to apply the practice of 2-point awareness in everyday situations that are triggered emotionally;
- Day 28:
- Final session (3 of 3) with Justin on video conference for 30 minutes;
- Review results of all 3 self-assessments to visualize the Customer’s progress;
- Setting of the next steps for continued growth.
The Retail Package includes among its services three (3) optional self-assessment reports. These reports should be requested directly from the Coach sufficiently in advance.
Prior to the beginning of the 28-day Challenge, Customer will receive: (i) 3-Shen tea and (ii) some special oil by mail necessary for the performance of all the above mentioned services and the achievement of optimal results.
- Fees for Services. As compensation for the Services provided, Customer shall pay Coach a service fee (Service Fee) of Four Hundred and Forty Five U.S. Dollars (USD 445.00).
- Payment. The Service Fee shall be paid in full when requested in US dollars and shall be payable through the designated platform on the web page https://www.justinehrlich.com/28-day-challenge.
The Customer understands, acknowledges and agrees that the outcome from the sessions is not guaranteed. Completion of the suggested daily practices is the sole responsibility of Customer.
(i) Each has all right, power and authority necessary to enter into this Agreement, (ii) no licenses, permits or other authorizations,are required to be obtained by such Party from any governmental or regulatory body in connection with the execution, delivery and performance of this Agreement , (iii) the execution and delivery of this Agreement and performance of the terms of this Agreement have been duly authorized by all necessary legal action, and (iv) each of the signatories hereof has the full power and authority to bind such Party hereto.
The operations of such Party will be conducted in compliance with all applicable laws, rules and regulations.
Each party to this Agreement agrees to indemnify and to hold harmless the other party (each, an “Indemnified Party”), to the full extent allowed by law or equity, from and against any and all judgments, losses, claims , damages, costs, fees, expenses or liabilities, joint or several, to which an Indemnified Party may become subject, related to or arising out of any breach by one party of its representations and warranties as set forth in the Agreement (a “Claim”). All amounts due to an Indemnified Party hereunder shall be payable by the party in breach of this Agreement promptly. In addition, the party in breach of this Agreement agrees to pay all costs and expenses (including attorneys’ fees) incurred by any Indemnified Party to enforce the terms of this Section 10. The provisions of this Section 10 shall remain in full force and effect regardless of any termination of this Agreement and shall be binding upon any successors or assigns of the parties.
- Term. This Agreement shall be effective as of the date hereof and for the following period of three (3) months.
- Termination. Subject to the nature of the provided Services, this Agreement may be terminated by either Party hereto at any time, with or without cause, upon ten (10) days’ prior written notice to the other Party. No money reimbursement will be due upon termination for services already rendered.
- Obligations Upon Termination. Upon termination of this Agreement, Coach shall be entitled to receive all sums then due and earned under this Agreement.
13. No Waiver.
15. Governing Law.
I, the Customer, assume any and all responsibility for decisions regarding my health, recognizing that (a) no claims are made that acupuncture, herbal medicines, nutritional supplements, dietary or exercise therapies can treat or cure any medical condition, (b) all recommendations are given for informational purposes only, (c) there is no implied or stated guarantee of success or effectiveness of any specific acupuncture, herbal medicine, nutritional supplement, dietary or exercise therapy recommendations, (d) I am free to act upon or disregard the recommendations of Justin Ehrlich, L.Ac. as I so choose.
I hereby request and consent to the performance of acupuncture treatments and other procedures within the scope of the practice of acupuncture on me (or the patient named above, for whom I am legally responsible).
I understand that methods of treatment may include, but are not limited to, acupuncture, moxibustion, far-infrared heat, cupping, gua sha, electrical stimulation, tui na (therapeutic massage), internal and topical herbal medicines, nutritional supplements, exercise therapies and nutritional counseling.
I have been informed that acupuncture is a safe method of treatment, but that it may have some side effects, including bruising, numbness or tingling near the needling sites that may last a few days, and dizziness and fainting. Bruising is a common side effect of cupping and gua sha. Unusual risks of acupuncture include nerve damage and organ puncture, including lung puncture. Infection is another possible risk, although the clinic uses sterile disposable needles and maintains a clean and safe environment. Burns and/or scarring are a potential risk of moxibustion and far-infrared heat. I understand that while this document describes the major risks of treatment, other side effects and risks may occur. The herbs and nutritional supplements (which are from plant, animal and mineral sources) that have been recommended are traditionally considered safe in the practice of Chinese Medicine, although some may be toxic in large doses. I understand that people can be allergic to almost any substance and will immediately stop taking any supplements or herbal prescriptions if I feel I have an allergic reaction and will contact Justin Ehrlich, L.Ac. I understand that some herbs may be inappropriate during pregnancy. I will notify the Justin Ehrlich, L.Ac. if I am or become pregnant. I will also immediately notify Justin Ehrlich, L.Ac. if there are any unpleasant effects associated with the consumption of the herbs.
Skype/phone consultation disclosure & consent
I understand that by the very nature of a phone or Skype consultation, that the clinician providing the consultative services is unable to perform a physical exam on the patient.
Physical exams can reveal important information about the patient and the patient’s condition. I understand that it is it is not possible to perform a physical exam during a phone or Skype consultation.
During my consultation, I understand that Justin Ehrlich, L.Ac. will evaluate my concerns based upon the information provided in my intake paperwork, our conversation and any included images. I understand that he will be providing me with general information about possible causes of my symptoms and potential treatment strategies and procedures. Possible treatment strategies can include acupuncture, Chinese herbal medicines, essential oils, nutritional supplements, dietary therapy, exercise, and meditation and qi gong.
I understand that Skype/Phone consultations are not appropriate for any urgent medical concerns and will seek local care in those cases.