This Membership Agreement ("Agreement") is entered into as of the date of purchase between Sherry Boyer International, LLC, a Nevada limited liability company ("Provider"), and you, the member ("Member").
The Discerning Patient is a health literacy education membership.
It teaches members how to understand their own health information, vet practitioners, prepare better questions, and make informed choices about nutrition and supplements.
Sherry Boyer leads the membership. She says it plainly: "I'm an educator, not a licensed practitioner."
The membership is not a medical practice, a clinical practice, or a dietetics practice.
Nothing in the membership creates a clinician-patient relationship.
Sherry Boyer is not a licensed healthcare professional.
She is not licensed as a physician, nurse practitioner, physician assistant, licensed dietitian, registered dietitian, or any other regulated healthcare profession.
She does not represent herself as a licensed dietitian or registered dietitian.
She brings 33 years of independent study in nutrition and functional health, and she is completing a functional nutritionist certification.
That study and certification do not equal, and do not replace, professional medical licensure.
Provider furnishes nutrition information and recommendations in reliance on Nevada Revised Statutes 640E.090(1)(d).
That statute exempts "a person who furnishes nutrition information, provides recommendations or advice concerning nutrition, or markets food, food materials or dietary supplements and provides nutrition information, recommendations or advice related to that marketing, if the person does not represent that he or she is a licensed dietitian or registered dietitian."
Under that statute, while performing those acts, a person "shall be deemed not to be engaged in the practice of dietetics or the providing of nutrition services."
Provider does not diagnose, treat, correct, prevent, cure, or prescribe for any disease, ailment, injury, or condition, physical or mental, as described in NRS 630.020, including by telehealth.
3 to 4 live group calls each month, held online by Zoom or a similar platform.
Group review of members' own lab results, so members understand what their results show in general terms and know what to ask their own practitioner.
Practitioner vetting, including how to find, evaluate, and question functionally trained practitioners.
Individual nutrition information and recommendations, including discussion of specific foods, nutrients, and supplements, within NRS 640E.090(1)(d).
The trainings library, handouts, and reference materials.
Member tools such as Trendline and the member Q&A bot, which are educational and not medical devices.
A community space for peer support among members.
Diagnosis of any disease or condition.
Treatment, cure, or prevention plans for any disease or condition.
Prescriptions, or advice to start, stop, or change any prescription medication.
Ordering, interpreting for diagnosis, or acting on lab tests on a member's behalf.
Medical supervision, monitoring, or emergency support.
Any guarantee of health outcomes or results.
When a member chooses to share lab results on a call, Provider explains what the markers measure, what reference ranges mean, and what questions the member may want to bring to their own practitioner.
Provider may point out what a panel did not test or what may be worth asking about.
Provider does not name, confirm, or rule out any disease or condition from a member's labs.
Only the member's licensed practitioner can diagnose or treat.
This membership does not replace care from a licensed healthcare provider.
Members agree to keep or establish their own licensed practitioner and to review any changes with them.
Members will not delay or stop medical care, or stop any prescribed medication, because of anything learned in this membership.
This membership is not for emergencies or urgent health concerns.
In a medical emergency, call 911.
In a mental health crisis, call or text 988.
Provider is based in Nevada, and members join from many states.
Members outside Nevada acknowledge that their own state's laws may also apply to nutrition and health information they receive.
Provider may decline or limit individual discussion where a member's state law requires it.
You are responsible for your own health decisions.
You will confirm any nutrition, supplement, or lifestyle change with your licensed practitioner before you make it, especially if you take medication, are pregnant or nursing, or have a medical condition.
You will give accurate information when you ask a question.
You will not use anything from this membership to diagnose or treat yourself or anyone else.
The trainings, scorecards, and practitioner vetting framework are for your own use, and you will not share, resell, or redistribute them.
Provider may discuss specific supplements with individual members as nutrition information and recommendations.
Supplements can interact with medications and health conditions, and they are not regulated by the FDA in the same way as drugs.
Members decide with their own practitioner whether any supplement, dose, or timing is right for them.
If Provider ever earns money from a supplement dispensary such as Fullscript, an affiliate link, or any product or service, Provider will disclose that relationship at the point of the recommendation.
You are never required to buy through Provider or any link, and you may buy from any source.
Provider does not guarantee any third party's products, services, or results.
Live calls are held in a group, and anything you share may be seen and heard by other members.
Calls may be recorded and made available to members in the membership portal.
You consent to that group format and to recording, and you choose what you share, including whether to show your labs.
You agree to keep other members' names, health information, and stories confidential, and not to record, screenshot, or share them outside the membership.
Repeating, screenshotting, or sharing another member's health information, name, or story outside the community is grounds for immediate removal, with no refund.
Provider may also remove a member for other breaches of the community guidelines.
Provider uses reasonable security to protect member information and does not intentionally share it with third parties without consent, except as required by law.
You understand the educational nature of this membership and the limits of working with an unlicensed educator.
You voluntarily assume the risks of participating and of any decisions you make.
You release Sherry Boyer International, LLC, Sherry Boyer, and their representatives, employees, and agents from claims arising from your use of membership content, your health decisions, any outcome of those decisions, and your reliance on membership content instead of professional medical care.
To the fullest extent permitted by Nevada law, Sherry Boyer International, LLC and Sherry Boyer are not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from this membership, including health outcomes, injuries, or losses of any kind.
Founding members pay $59 a month, locked for as long as the membership stays active.
Members who join after the founding window pay $97 a month.
Membership is billed monthly and renews automatically each month until you cancel.
You can cancel at any time by submitting the cancellation form online or by emailing [email protected].
No advance notice is required.
Cancellation takes effect at the end of your current billing cycle, so access continues through the period you have paid for, and you will not be charged again.
No refunds are issued for partial months or for any reason.
Your Trendline scores are yours, and you can download them any time from inside Trendline.
If you cancel, Trendline data is kept for 30 days in case you come back, then deleted, and you can email to have it deleted sooner.
This Agreement is governed by the laws of the State of Nevada, without regard to conflict of law principles.
You agree to the exclusive jurisdiction of the state and federal courts located in Nevada for any dispute arising from this Agreement.
Provider may update this Agreement.
Changes will be posted in the membership portal and sent by email.
Continuing your membership after changes are posted means you accept them.
This Agreement is the entire agreement between you and Provider about your membership and replaces all earlier agreements and understandings.
By signing below, you confirm that you have read this Agreement, understand it, and agree to it.
Member Signature: ______________________
Print Name: ______________________
Date: ______________________