The Allergy Healing Program are not meant to prevent, diagnose, treat, or cure any condition you may be experiencing. They are not meant to replace the advice or care of your team of healthcare professionals.
11. SEVERE OR LIFE-THREATENING ALLERGIES:
Client understands and agrees that if Client has severe or life-threatening allergies, it is Client’s responsibility to disclose this information with Kimberlie Pengelly before working with the Allergy Healing Program and its Recordings.
IF YOU HAVE SEVERE OR LIFE-THREATENING ALLERGIES PLEASE DO NOT PROCEED WITH THE PROGRAM UNTIL YOU HAVE TALKED DIRECTLY TO KIMBERLIE PENGELLY AND CONSULTED WITH YOUR PHYSICIAN.
Client also understands and agrees that it is Client's’ responsibility to take the necessary precautions to avoid severe and life-threatening allergens and to take necessary precautions.
IF YOU HAVE SEVERE OR LIFE-THREATENING ALLERGIES, YOU MUST CONTINUE TO TAKE THE NECESSARY PRECAUTIONS EVEN AFTER LISTENING TO THE RECORDINGS. IF YOU HAVE PREVIOUSLY NEEDED AN EPIPEN, CONTINUE TO HAVE THE EPIPEN ON HAND UNTIL YOU AND YOUR HEALTHCARE PROFESSIONALS ARE CONFIDENT IT IS NOT NEEDED.
IF YOU HAVE SEVERE OR LIFE-THREATENING REACTIONS TO CERTAIN ALLERGENS CONTINUE TO BEHAVE AS THOUGH THOSE SAME REACTIONS WILL OCCUR UNTIL YOU AND YOUR HEALTHCARE PROVIDERS ARE CONFIDENT YOU WILL NO LONGER EXPERIENCE THE SEVERE OR LIFE-THREATENING REACTIONS.
IF YOU EXPERIENCE SYMPTOMS OF A SERIOUS ALLERGIC REACTION, CALL 911 OR GO DIRECTLY TO THE NEAREST EMERGENCY ROOM.
Additional Note on Severe Allergies:
Client understands and agrees that severe allergies may require one-on-one sessions with Kimberlie Pengelly in addition to the Program.
Both Company and Client warrant that they have full authority to enter into this Agreement.
EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company.
14. Whole Agreement:
This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements.
15. Modification; Waiver:
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties.
In order to make the waiver binding, the party making the waiver must execute it in writing. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver.
The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
17. Limited Liability:
THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
KIMBERLIE PENGELLY AND ENERGETIC ALLERGY HEALING ARE NOT LIABLE FOR ANY INJURY CAUSED BY AN ALLERGIC REACTION. CLIENT TAKES 100% RESPONSIBILITY TO PROTECT AND TREAT HERSELF IN THE CASE OF AN ALLERGIC REACTION.
All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid, addressed to Company’s principal place of business, and Client’s address provided when purchasing the Recordings.
19. Dispute Resolution; Costs and Fees; Applicable Law/Venue:
Any dispute arising under this Agreement will be resolved by an online mediation service that is agreed upon by all parties or by mediation in the State of Washington with a mediator agreed upon by all parties. The parties agree to complete mediation in good faith prior to pursuing any other available legal or equitable remedies.
Parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in the State of Washington.
If Client sues Company and Company is successful, Client is responsible for Company’s attorney’s fees, in addition to any other relief to which Company may be entitled.