Terms and Conditions

Terms of Service 

Introduction 
Thank you for hiring Modern Holistic Wellness. We are excited to work with you. This document outlines the important things you need to know about our work together, including many of our policies, as well as our legal terms.

Changes to the Terms
The Terms of Service (“Terms”) outlined here are applicable for all of our clients. We reserve the right to modify these Terms at any time. We may elect not to notify you of any changes to these terms if it is not substantive. In the event of substantive changes to the Terms, we will provide you notice of the change. Changes will be effective immediately. 

You understand that you are signing a copy of the Terms that are current at the time you purchase the Services. You understand and agree that we will not seek any additional signatures from you on new versions of the Terms. The initial signature is to demonstrate that you have reviewed and understood the Terms at the time we begin our work together. 

Updated versions of the Terms will always be available in the GoHigh Level Portal.

OUR WORK TOGETHER
During our work with you, we will serve as a functional medicine coach, which may differ considerably from the relationship you have with other medical providers. We will work with data derived from certain lab tests and the information you provide in our coaching sessions to help you identify a holistic approach to alleviating your symptoms. 
Terms of Service Agreement

Modern Holistic Wellness (Truth and Life Ind. LLC)
 Effective Date: September 2025

These Terms of Service (“Agreement”) govern your use of the consultation and wellness services provided by Modern Holistic Wellness and Mikayla Mersereau. By scheduling or participating in services, you acknowledge that you have read, understood, and agreed to the following terms:

Nature of Services
Mikayla Mersereau is a Certified Integrative Health Practitioner Level 2.

She is not a licensed medical doctor, physician, or primary health care provider and therefore does not diagnose, prescribe, treat symptoms, detect injury, or disease pursuant to California Business and Professions Code §2052.

Nutrition and wellness services are not licensed by the state of California.

Purpose and Limitations
Services are intended to provide general wellness information upon request.

Any decision to implement this information is solely your personal responsibility.

You acknowledge that information regarding nutrition, supplements, herbs, and lifestyle practices may be provided, and you assume all risks associated with their use.

Assumption of Responsibility
You agree that any liability arising from the use of food, supplements, or herbs discussed is expressly disclaimed by Modern Holistic Wellness and Mikayla Mersereau.

You are responsible for informing your licensed physician or other qualified healthcare provider about any interventions, supplements, or herbs you choose to use.

Relationship with Licensed Medical Care
You agree not to use information provided by Mikayla Mersereau in a way that conflicts with the advice or treatment plan of a licensed medical doctor or primary care provider.

If any recommendations appear to conflict with your physician’s instructions, you are strongly advised to follow the guidance of your licensed healthcare provider.

Health and Emergency Protocols
If you experience gastrointestinal distress, allergic reactions, or other adverse effects related to recommendations, you agree to consult a licensed physician.

In the event of a medical emergency, you agree to immediately seek emergency care by calling 911, visiting urgent care, or going to a hospital.

Fees and Cancellations
You agree to be financially responsible for all fees associated with services provided.

A minimum of 24-hour notice is required for cancellations. Failure to provide such notice will result in a fee of 50% of the scheduled session cost.

Acknowledgment and Consent
By using the services of Modern Holistic Wellness and Mikayla Mersereau, you acknowledge and agree that:
You have read and understood this Agreement.

You have had the opportunity to ask questions and, if desired, consult with legal counsel.

You voluntarily consent to receive health coaching and wellness consultation services.
Contact Information
For questions about these Terms of Service, you may contact us at:
 info@modernholistic.org
 Modern Holistic Wellness (Truth and Life Ind. LLC)
By scheduling or participating in services, you acknowledge acceptance of these Terms of Service.

FUNCTIONAL MEDICINE POLICIES
The following terms address our functional medicine coaching practice. 

No Medical Advice
Mikayla Mersereau is not a licensed medical doctor and cannot diagnose, prescribe, treat symptom, detect injury, or disease pursuant to California Business and Professions Code 2052. She is not the same as a licensed physician, nurse practitioner, or physician assistant. Because our scope of practice differs, we want to ensure you understand that we do not provide: 
Medical advice, diagnosis, or treatment;  Counseling;  Psychotherapy or psychoanalysis; or, Medical nutrition therapy. 

Any information we provide you should not be considered medical advice and it is not a substitute for advice from your medical provider. If you need the services listed above, please see the appropriate provider. 

It is your sole responsibility to discuss all changes with your medical provider prior to making any changes. 

Generally, you should seek medical advice from the appropriate licensed provider: 
for any medical interpretation of your test results;  on any matter relating to your health and well-being;  before making any changes to your exercise or diet;  before taking any nutritional, herbal, homeopathic or hormonal supplementation;  before beginning any therapy. 

The Scope of Our Services
We obtain laboratory test results from a number of certified laboratories and provide you with a nutritional interpretation of those test results that you can use exclusively as an educational tool for personal health purposes. 

It is possible that your doctor could use the same test results to diagnose and treat disease, but we do not do this. The information we provide is not intended to, cannot, and should not be expected to be a substitute for a personal consultation with a licensed medical provider. 

We do not accept any liability for any failure to identify any medical condition or disease. This is not the purpose of our services. 

Minor Consent
If the main participant of Services is a minor under the age of 18, a Parent/Guardian is required to complete and sign this form for them. 
If you are the Parent/Guardian, by signing up for services you agree to your child participating in the Services you have purchased and hold you and your child to all other terms in this Terms of Service.

Products & Supplements
During the Services, we may provide you with information relating to products that we believe might benefit you, but such information is not to be taken as an endorsement or recommendation. Some such products may not be available without a prescription, but we do not dispense or prescribe any prescription products. Your purchase of such products is governed by any terms with the particular manufacturers. You understand that we are not liable in any way for your use of or reaction to any particular product. 

Please thoroughly investigate all products are supplements if you have any known allergies or sensitivities. If you are uncertain of how you may react to certain supplements or products, please check with your doctor or pharmacist.

Confidentiality
Because we are not a licensed physician, our communications are not protected by doctor-patient confidentiality. We are not a covered entity under HIPAA, so HIPAA is also not applicable. 

We do, however, make reasonable efforts to protect the privacy of your medical information, including any test results. We will treat the information you provide to us as confidential. 

Regarding information provided by other participants, you shall not share other participants information outside of the bounds of our Services unless you receive express written permission from such other participant to share information. 

Waiver
You understand that all changes to your diet, including changes to food or use of dietary supplements, carries a risk. You are participating in the Services at your own risk with full knowledge and acceptance of such risks.

You hereby release Modern Holistic Wellness from any and all responsibility or liability from injuries or damages to your person resulting from or connected with your participation in the Services.

Disclaimer
The information provided during the Services is intended for educational purposes only and should not be taken as professional medical advice or used as a substitute for medical care. These educational materials may be used when discussing your health with your licensed medical provider. We cannot guarantee the accuracy of any information provided as part of the Services or our marketing materials. 

By providing you with such material and information, we do not necessarily endorse, recommend or promote any such product or therapy. We are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from that information. 

We will primarily offer you support, information, and coaching. We have made every effort to ensure that all Services are accurate and based on current education standards and information; however, you understand and agree that we cannot guarantee results from Services, and you have no expectation of a specific result or outcome that you hold us responsible for.

Health Insurance Coverage
As a certified Integrative Health Practitioner 2 practice, we are not capable of charging insurance. Any insurance coverage that you may have is solely your responsibility. 

Use of FSA or HSA Funds to Pay for Services
We are often asked if the Services will be eligible for payment through a Flexible Spending Account (FSA) or Health Savings Account (HSA) or an equivalent type of medical savings account. This is dependent upon the terms of your account and it is your responsibility to determine your eligibility to use these funds before you agree to these Terms. You agree that we are not responsible for knowing whether or not your insurance, HSA, FSA, or other medical savings account will cover your labs or any other services provided. 

LEGAL TERMS & CONDITIONS
Intellectual Property
All original materials, such as modules and handouts, that we provide to you are our intellectual property, unless otherwise indicated. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of our intellectual property. All intellectual property remains our property. No license to sell or distribute is granted or implied.
You understand and agree that you will not:
● Copy, edit, distribute, duplicate or steal any information or any Content obtained through Services without written permission by us;
● Post, distribute, copy, steal or otherwise use any portion of the Services or its content, or information obtained via other members in the Services without written permission by us, and understand that any such use is a violation of this agreement, which may give rise to a legal cause of action against you, as well as, be cause for immediate removal without right to refund.
● Claim any content created by us as part of Services or otherwise given to you is your own, meaning you cannot claim any content created by us as you work, and use in your business as your own.
● Share purchased materials, information, content with others who have not purchased them, including other businesses, health practitioners, and friends/family.

Force Majeure
We will not be liable or responsible to you, or be deemed to have defaulted or breached this Terms of Service for any failure or delay in fulfilling or performing any term of this Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, government actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Indemnification
You agree to indemnify, defend, and hold us harmless from and against any loss, liability, damage, or expense, including reasonable attorney's fees, incurred or suffered by or threatened against us in connection with or as a result of any claim brought by or on behalf of any third party person or entity as a result of or in connection with our appearance or association with you, unless such claim arises from our breach of any obligation and/or warranty. 
Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.

No Warranty
WE HEREBY DISCLAIM, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THESE TERMS YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
Limitation of Liability
You are engaging us to perform the Services at your own risk. Each person is different, and the way someone reacts to a product or therapy may be significantly different from another. We cannot predict how you may react to any particular product or therapy. 
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE: 
ANY AND ALL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL COSTS, LOSSES, CLAIMS, DAMAGES, EXPENSES OR PROCEEDINGS (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND WASTED MANAGEMENT TIME) INCURRED OR SUFFERED BY YOU ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGE OR EXPENSE ARISING FROM ANY DEFECT, ERROR, IMPERFECTION, FAULT, MISTAKE OR INACCURACY WITH THE INFORMATION OR ADVICE WE PROVIDE; 
ANY AND ALL LIABILITY FOR INJURY OR LOSS ARISING OUT OF THE USE OF, OR RELIANCE ON, THE LABORATORY RESULTS AND/OR THE DIETARY, SUPPLEMENT AND LIFESTYLE SUGGESTIONS WE MAY PROVIDE; 
ANY AND ALL LIABILITY FOR INJURY OR LOSS ARISING FROM ANY PRODUCT OR TREATMENT YOU MAY CHOOSE TO TAKE; 
ANY AND ALL LIABILITY FOR ANY FAILURE TO IDENTIFY ANY MEDICAL CONDITION OR DISEASE. YOU UNDERSTAND AND AGREE THAT THIS IS NOT THE PURPOSE OF OUR SERVICES. 
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

Choice of Law
The Terms shall be governed by the laws of the State of Michigan without regard to its conflict of laws doctrine, and applicable federal laws of the United States of America.

Alternative Dispute Resolution
Any and all disputes or disagreements rising between the Parties out of the Terms and Services upon which an amicable understanding cannot be reached, shall be decided first by mediation, which will take place in Wayne County, Michigan. The Parties agree to share the costs of the mediation equally. If mediation is unsuccessful, the Parties agree to binding arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Wayne County, Michigan. The initial cost and expenses of the arbitrators shall be shared equally by the Parties; however, the prevailing party in the arbitration shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including attorneys’ fees and recovery of the cost of the arbitration. The Parties agree that the arbitrator will determine the definition of prevailing party for purposes of this clause. 

Assignment
You will not transfer or assign your rights to the Services to any third party, in whole or in part, without our express written consent, which may be withheld in our sole discretion. 

Miscellaneous
If any of the provisions of the Terms is or becomes illegal, unenforceable, or invalid (in whole or in part for any reason), the remainder of the Terms shall remain in full force and effect without being impaired or invalidated in any way.
Any rights or obligations contained herein that, by their nature, should survive termination of the Terms shall survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, and confidentiality obligations.
Any failure of either party to enforce any provision of the Terms, or any right or remedy provided for therein, shall not be construed as a waiver, estoppel with respect to, or limitation of, that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy.