Transcript
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Hi there, welcome to In the Clinic with Camille. My name is Camille Freeman.
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I'm an herbalist and nutritionist, and in this podcast, I share little tips
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and tidbits that might be helpful for other practitioners.
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So today, I'm going to answer a question that was submitted anonymously.
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And before I do that, I just want to remind you that if you have a question
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that's been on your mind, something you'd like me to address, I would love to do that.
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You can go to intheclinic.com and submit a question through the form there,
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or you're welcome to email me, and I would be more than happy to share my thoughts
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on whatever's happening on your mind.
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And I'm happy to keep you anonymous if that is your preference.
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So, today I have a question that was submitted actually quite a while ago from
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somebody, and I recorded a full episode a few weeks back, and unfortunately,
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right before I recorded it, apparently, my headset died.
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Silent but deadly death and anyway
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just threw a monkey wrench in the whole thing so
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finally i'm ready to re-record so
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here we are take two i'm hoping this one will will come through let me read
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you the question so here's what this person writes from my herb schools business
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class and from talking to other practitioners i've gotten the impression that
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there isn't very good insurance for herbalists no herbal practitioners i know
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have insurance and it feels like a bit of we're holding our breath and hoping we won't get sued.
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We were taught to have very thorough informed consent and to be very clear about our scope.
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So they're just wondering if I could chat a little bit more about reflections on this.
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So yes, now before I do, let me just be really clear that I am not a lawyer.
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I'm not an insurance professional. I'm just a practitioner who has looked into
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this myself and worked with other people who've done the same.
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So I need you to take this as one perspective and please do your due diligence
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in how this applies to you, if it applies to you, and what options are available to you.
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So that being said, I want to first clarify what we mean by insurance.
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There are actually lots of different types of insurance that might be relevant
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to you as a herbal practitioner.
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What I'm going to very specifically be focusing on is things that are relevant
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to clinical herbalists.
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There are people who, of course, are making products either for public consumption
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like farmers market sales or health food store sales, as well as,
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you know, extracts, formulas, that sort of thing for clients.
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That is outside of my scope. As far as I know, none of these policies are relevant to product sales.
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And that is much more challenging to find insurance for.
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So again, to be super clear, I'm talking about the clinical component of the
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work that many of us do. Now.
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The types of insurance, again, I'm just going to do a loose overview of some
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of the most common types that might be relevant to us.
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There's more. But one of them is general liability.
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And this applies not just to herbalists, but anyone who has a business might
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consider general liability.
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And this is things like somebody comes to your premises and they slip and fall,
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or something happens to them while they're there, or you rent a facility to
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have a class in and it gets damaged somehow.
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You accidentally break the air conditioning or I don't know,
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whatever, something like that. General liability insurance would hopefully cover that.
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There's also professional liability insurance. This is what is also sometimes
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known as errors and omissions insurance.
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And this relates to the specific job you have been trained to do.
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So in our case as herbalists, that might mean you recommended a formula to somebody
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and they felt that it made them worse, that damage happened because of it,
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or you failed to highlight a safety issue related to something that they were taking,
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something along those lines, that would be errors and omissions.
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And that should fall under professional liability.
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There's also other types of insurance, such as participant accident insurance.
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And this is when you're teaching a class and maybe somebody slices their finger
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open when you're cutting up garlic
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or the billboard falls on their head or whatever, that sort of thing.
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There is business interruption insurance, such as you're bopping along,
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making money to support you, and you break your leg and you're not able to get to work for a while,
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or that's whatever, these types of things.
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So those are just some of the options that are available.
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Most of us are probably most interested in professional liability insurance.
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And professional liability insurance as an herbalist is hard to come by because
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we are not a regulated profession.
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There are only two companies that I know of that explicitly offer herbal insurance in this way.
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One of them is alternative balance, and one of them is, I believe,
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the American Acupuncture Council still offers this.
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That is a policy that used to be recommended by the American Herbalist Guild.
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There may be others that I'm not aware of, but as of right now,
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these are the only two that I'm familiar with.
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Okay, so how do you decide should you buy one of these?
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Is it worth it to you?
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The first thing that I recommend doing if you are planning to buy any kind of
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insurance is ask for a copy of the policy, not the sales copy on the website,
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or what they say, but the policy itself and read through it.
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They're long, they're kind of complicated to understand sometimes, but it is worth it.
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I personally have Alternative Balance. I have read through the policy,
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and it is a little bit opaque.
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And I'll just tell you, I'll walk you through how I decided to purchase it.
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So the first thing to me is trying to figure out what exactly it covers.
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The policy itself does not mention a ton of specifics about herbs.
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It is professional liability coverage specifically for herbs.
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Herbal practitioners. It says herbal consultations. So I have to assume that
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at least some herbal consultation work would be covered.
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I don't actually feel super confident about the extreme scope of what is included.
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However, I decided to buy it anyway for a variety of reasons.
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One of the things I really, as I was reading through this, and actually other
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policies I thought in the past
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is that they're all very clear that you absolutely may not treat warts.
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I don't know what is so specific about warts, but please, if you have insurance,
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do not. Don't do that. It's not covered.
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It's very... Anyway, I'll have to look into why that is, but every single policy
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I've ever read is like, that's the one thing.
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Don't do that. Okay. Anyway,
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I decided to get it anyway, because to me, the policy that is offered has both
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general and professional liability as well as business interruption coverage.
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And to me, those three things combined are worth the annual price that I'm paying
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in case something were to happen.
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I feel like if nothing else that I would have the possibility of receiving some
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reimbursement for legal fees, some support, you know, some support if I were
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to get sued and that sort of thing.
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So to me, it is worth the price. I actually pay a slightly higher price because
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I have to add on the nutrition work that I do.
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So I can just share with you if anybody's interested. For me,
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the annual price is $4.08.
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And again, a substantial amount of that is actually the add-on for nutrition.
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So I think it's quite a good deal less for people who are only herbalists.
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Okay. So basically, I decided to buy it because I am more of a rather be safe than sorry person.
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However, I don't have good details
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on what are the risks, what are the possibility that I might be sued.
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One of the other things that I have done is I have hired a lawyer to look over
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my consent forms just to make sure that they're as clear as they could be,
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that they are likely to uphold in court, that people understand what they're
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getting and the risks that they're taking when they work with me.
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And I also try to be really clear with my clients on.
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You know, as much information as I can about what I'm doing and what I'm not
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doing, their choices to take herbs or not take herbs, all of these different types of things.
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So I'm pretty much a cautious person. And for that reason, I think it's better to do this.
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I also have the money coming into my practice to be able to afford that.
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Again, I don't want to make any specific recommendations because I don't know.
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Anybody's individual situation. But what I can say is if you were thinking about
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not getting insurance or if you don't really think this insurance applies to you,
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the things that I would want to do instead would be to first of all,
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make sure that you have a very clear separation between your personal finances
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and your business finances,
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ideally having an LLC or something along those lines if LLC is not what your country does.
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But I would definitely do that so that, you know, if you are being sued because
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of your business stuff, then really you're just your business finances are at
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risk and not your personal is the way I understand that if you set up your LLC correctly.
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So I absolutely do that. And then I would, I do think it makes sense to have
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a lawyer look over your informed consent policy that you are having people sign
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and definitely make sure that you do have that in order to protect yourself as much as possible.
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So anyway, that is my recommendation. It is a lot to think about.
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And like I said, in terms of professional liability, I think it's probably somewhat limited.
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However, to me, the option of the general liability, the business interruption, business property.
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Coverage. To me, that kind of swayed me in the direction of getting it.
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And I actually would be very interested if you or anyone you know has ever had
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to use their professional liability insurance as an herbalist.
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I'd be super curious to talk to that person, even anonymously or off the record,
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so to speak, just to hear more about how that went, what was covered, and so forth.
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So that's not a very definitive answer. And I'm sorry for that.
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However, I think it's a murky gray area and something that you may have to weigh
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against. Like, okay, how many clients do I have?
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What are the chances of something happening?
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And then how devastating and damaging would it be?
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And deciding, do I want to do this now? Do I want to wait until I have a certain
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amount of income coming in where it would not be a, you know,
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where I would be able to afford it more easily?
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Do I want to just put some money away every month as part of my business expenses for this?
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Really thinking it through. Again, for me, I just like to be safe to provide
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as many layers of safety as I can.
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And it seems like a reasonable expense,
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for me at this time. So that's why I have the Alternative Balance one.
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And lastly, to be super clear, I actually just recently switched to Alternative Balance.
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I've only had it for less than a year because up until recently,
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I've been a licensed nutritionist.
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So I had a different insurance that was available for licensed nutritionists.
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They don't have insurance for herbalists.
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So when I let go of my nutrition license earlier this year, I switched insurance
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and chose Alternative Balance.
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So that's what I'm doing now. anyway i hope that helps
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if you have any follow-up questions or additional information that you'd like
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me to add to the pot for people to
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consider please reach out anytime and otherwise i
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hope to be back in touch sooner than has been with another podcast episode all
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right thanks everybody if you would like to stay in touch please go to my website
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camillefreeman.com newsletter sign up for my newsletter i'll send it out every
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thursday and i will let you know when new podcast episodes come out.
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All right. Take care. Bye.