Organically You Placenta

Welcome to the Organically You Placenta Encapsulation Experience! The following is our Placenta Encapsulation Agreement that sets out the terms, scope of practice, and limits of the services we provide. We are excited to be walking with you on this journey!

SCOPE OF SERVICE

We are providing pick up of placenta(s) to be encapsulated, tinctured, printed, or made into salve, within a 15-mile radius of Midland, Odessa, Lubbock & Fort Worth, TX encapsulation site. The client named above will get the full Traditional Chinese Method inspired preparation, encapsulated process with storage container & dessicant packet. Guidelines on consumption method are located on storage container along with number of capsules. We will provide free delivery of said products within a 15-mile radius of encapsulations site. Delivery of your order will be made within 48-96 hours (2-4 days) of pick up. If client is outside this mileage range an additional fee will be added upon booking @ $1 per additional mile after 15 miles. For example if address is 42 miles away, an additional $27 will be collected to deliver order. If client wants us to ship her order, that will be at an addiontal cost to be determinded by the UPS or FedEx office, usually its around $45.00. Client will pay for shipping. If client delivers on an observed holiday, (Thanksgiving, Christmas/Eve, New Years/Eve or Day, Labor Day, Independence Day, Good Friday, Memorial Day, week of November 21st, an extra three- five days will be needed to pick up your placenta)

ASSUMPTION OF RISK

I, client named below and above, (hereafter "Client") hereby acknowledge and agree that I understand the nature and potential risks involved and related to ingesting or otherwise using placenta products; that I hereby assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with ingesting or otherwise using placenta products; I accept full responsibility for any liability, injury, loss, damage or death in any way connected with ingesting or otherwise using placenta products for me and my family. I acknowledge that using the placenta products is at my sole risk. I understand and agree that ingesting placenta products is my own choice based on my personal, spiritual, and cultural beliefs, and it is not intended to prevent or treat any physical or mental diseases, ailments, or symptoms; I fully assume the full risk of doing so. I waive any and all rights to hold the company Organically You Placenta (Encapsulation) and/or owner Shea Lopez-Barela, Encapsulators;Stephanie Kowacz, Chrashae Wagner, Callie Caraballo, Sarah Pohlmeyer, & Alicia Aldaco responsible for any undesired effect of consuming or using the products.

I understand and agree that there are no legal, regulatory or licensure specifically required for placenta encapsulation in my state. I understand and agree that the placenta will be handled by the Placenta Encapsulator according to OSHA and Organically You Placenta Encapsulation, Food Safety and Handling standards, and will be prepared in a sanitary and disinfected work space.

DISCLAIMER

I understand and agree that the information I receive from the Placenta Encapsulator in connection with the service(s) performed or otherwise is not intended or implied to be a substitute for professional medical, nursing, or nutritional advice, diagnosis, or treatment. All content including text, graphics, images, and information, communicated by or available through the Placenta Encapsulator is for general information purposes only. I agree and understand that the Placenta Encapsulator makes no representation and assumes no responsibility for the accuracy of information given. I understand that I am encouraged to confirm any information obtained from or through the Placenta Encapsulator with other sources, and review all information regarding any medical condition or treatment with my physician. I agree never to disregard professional medical advice or delay seeking medical treatment because of information I have been given by the Placenta Encapsulator.

I understand and agree that the Placenta Encapsulator is not practicing medicine, providing healthcare, psychiatric or psychological counseling nor nutritional therapy services. The Placenta Encapsulator will not and does not diagnose, prescribe, treat, prevent, or cure, in any manner whatsoever, any disease, condition or other physical or mental ailment of the human body. I understand and agree that the Placenta Encapsulator is not acting in the capacity of a doctor, healthcare provider, licensed dietician or nutritionist, psychologist or other licensed or registered professional.

I understand and agree to maintain a relationship with my primary care physician, or specialist and to seek their professional advice regarding Placenta Encapsulation. I agree never to discontinue or change my current course of medical treatment due to the benefits derived from these services without first consulting my doctor.

PHOTO RELEASE

I understand that Organically You Placenta Encapsulation, LLC and it's contractors or employees will take digital content/photos or videos of my placenta. I consent to the release of my placenta photos, videos or any placental information to OYPE for digital marketing purposes and/or reasons for thorough inspection of multiple contractors for the safety and wellness of client. OYPE will not associate your name with said photos in descriptions, unless previously consent was given by client. Some digital content may show the name of your baby on a placenta print or their stats, please communicate to your encapsulator that you do not consent to the relsease of your childs name on the print, if you so choose.

RELEASE & HOLD HARMLESS

I hereby release and hold harmless the Placenta Encapsulator from any and all liability or claims which may arise from placenta encapsulation services and/or the use of placenta products prepared by the Placenta Encapsulator, inclusive of, but not limited to, any injury or death resulting from an exposureto allergies, food borne illnesses, or choking. I and my successors, agents or assigns, hereby forever and unconditionally releases the Placenta Encapsulator, its owners, Shea Lopez-Barela, officers, employees, contractors; Stephanie Kowacz, Chrashae Wagner, Callie Caraballo, Sarah Pohlmeyer & Alicia Aldaco; agents, successors in interest and insurers, heirs, executors, administrators, assigns, agents, trainers, placenta preservation certifying association, Brilliant Birth Academy, representatives, and all others acting on their behalf (hereinafter referred to as the "Released Parties"), from any and all claims, actions, damages to your person and/or property or that of your family, liabilities, injuries, losses, costs, and expenses, including, without limitation, attorney's fees, in any way arising out of, or resulting from, my voluntary use of placental services and products including those caused by negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with services provided by me or the Released Parties. I further acknowledge that the Placenta Encapsulator is in no way liable for any injury resulting from my own conduct or behavior.

FORCE MAJEURE

I acknowledge and agree that neither party shall be liable for any failure of or dealt in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement, and could not reasonable have been foreseen or provided against.

This Agreement may not be modified without the prior written consent of Client and Placenta Encapsulator. The waiver by either party of a breach, right or obligation shall not constitute a waiver of any other or subsequent breach, right or obligation. If any provision of this Agreement is found to be invalid or unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. This Agreement sets forth the entire agreement between the parties and supersedes all prior proposals, agreements, and representations between the parties, whether written or oral, regarding the subject matter herein. Neither party may assign this Agreement without the prior written consent of the other party. This Agreement shall be binding upon and shall benefit the parties and their respective successors and permitted assigns. Except as provided to the contrary herein, those provisions of the Agreement that by their nature and context are intended to survive the termination of this Agreement, shall survive any termination of this Agreement. This Agreement shall be construed and interpreted in accordance with the laws of the state in which the Placenta Encapsulator resides without reference to its conflict of law provisions, and with the same force and effect as if fully executed and performed therein. Each Party hereby consents to the exclusive personal jurisdiction of the State and Federal Courts where the Placenta Encapsulator resides, and acknowledges that venue is proper only in such courts.

Any dispute arising out of or relating to this Agreement, including without limitation, the validity, interpretation, performance, or breach thereof, shall be settled by arbitration in the jurisdiction where the Placenta Encapsulator resides, and shall be done so pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered before an appropriate court in that state of venue.

If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, you acknowledge that: (1) you have received a copy of this letter agreement; (2) you have had an opportunity to discuss the contents with me and, if you desire, to have it reviewed by your attorney; and (3) you understand, accept, and agree to abide by the terms hereof.

IN WITNESS WHEREOF, Client and Placenta Encapsulator agree to the terms and conditions set forth in and have duly executed this Client Commitment & Agreement effective as of the date of Placenta Encapsulator's signature as set forth below.

Refunds Policy: If client purchases any placental product during a Sale Event- or used a Discount Code at purchase; meaning the client did not pay full retail price, no refunds will be given. When clients placenta has been contraindicated, payment less the deposit (half of package amount, minus processing fee) will be issued, unless placenta processing has begun. If process has begun, no refund will be issued. If clients are unable to obtain placenta or from hospital because it was sent to pathology, deemed unsuitable for consumption; A refund less the deposit & processing fee will be given. If the client paid via credit or debit card online, the processing fee will not be returned to client. For example, the Basic package is $299, our credit processing fees are range from $9-$15 this fee will be deducted from client's refund. The client will receive $149.50 minus processing fee. If any parts of the placenta are used for blood banking, like the cord, a refund will not be given; this includes cord keepsakes, tinctures, prints, or salves.

Financials: Deposit is to be made upon booking. Complete balance is to be collected before or on 36 weeks, four weeks before client's due date. Payments are made directly to owner, via Venmo, (@Organically-you) Cash app, by credit card on website (organically-you.com) or cash.

Clients Responsibilities: Please discuss potential risk factors of placenta encapsulation with your provider if you develop preeclampsia at any point in your pregnancy, labor or postpartum.It is the client's responsibility to inform me of any known bloodborne illnesses or other health issues that I may become infected with though contact of fluids, such as HIV, hepatitis, STD's etc. If you have an STD/STI viruis, it is still safe to consume if your outbreak is not currently active during delivery. I require that you allow me to see the results of your most recent bloodwork, including Group B Strep status and annotate the results to me verbally or written in text or email. It is the client's responsibility to notify me as soon after birth as possible to request pick up of placenta. You may notify encapsulator via text or phone call only. Your placenta may remain at room temperature up to 4 hours, then must be refrigerated preferably as soon as possible. You may also keep it in an ice chest covered in ice, the ice must remain frozen for the duration of time that the placenta sits in the cooler. The placenta can remain in the cooler/refrigerator for up to 4 days. After that time, it must be frozen.