Bodywork/Massage Client Service Agreement & Liability Waiver

The Body Intuitive 

Bodywork/Massage Client 
 

Service Agreement & Liability Waiver

 

Please read this Client Agreement, Terms of Service, and Liability carefully as they contain important information about your legal rights and obligations. By participating in services provided by The Body Intuitive LLC, you agree to comply with and be bound by these Terms.

 

We recognize that the comprehensive nature of our services and the dedicated support we provide throughout your treatment journey necessitate a detailed Service Agreement.

While the length of this waiver document may exceed your expectations, it is designed to provide clarity on the mutual commitments and responsibilities that form the foundation of our client relationship here at The Body Intuitive. We appreciate your understanding and are committed to ensuring an informed and consensual experience for you as our valued client.

 

Table of Contents

Section 1:  Bodywork Policies

Section 2:  Terms of Service and Client Agreement

Section 3:  Medical disclaimers and Scope of Practice

Section 4:  Data Privacy, Usage, and Management; Notice of & Consent to Recordings

4a. Notice & Consent to Audio Recordings through AI Software & Data Use/Privacy

4b: How We Secure, Store, Handle, Share, and Use Your Data

Section 5:  Optional Client Consent to Provide Testimonials

Section 6:  Legal Disclaimers; Liability Release and Waiver

Section 7:  Agreement and Signature

 

 

 

Section 1: Bodywork Policies

• ZERO tolerance for sexual advances or solicitations.
• Tips are gratefully accepted, but not expected.
• Strict 24 hour cancellation and rescheduling policy.
• No shows (no arrival 10 min after the start time of your appointment times) are charged the full session fees.
• Late shows will not have their treatment time extended.
• Sessions can be rescheduled up to 3 times before being considered forfeited.
• Please do not wear chemicals and scented products (perfumes, lotions, hairspray, leave-in hair products, sunblock, essential oils, etc.) to your session.
• No Refunds, sorry!
• Late cancellations/reschedules/no shows will be charged in full

 

2. Safety & Health Precautions for Bodywork Sessions 

 

 

Section 2: Terms of Service and Client Agreement

1. Purpose of Services & No Guarantee of Result

•  The purpose and goal of health coaching, massage therapy/bodywork treatment, and somatic therapy is to improve mobility, decrease chronic pain, balance energy, increase self-awareness, and to educate about holistic healthcare lifestyle practices.
•  The purpose and goal of clinical yoga therapy, is to rehabilitate or improve functional range of motion, decrease chronic pain and inflammation, assess and treat musckuloskeletal and psychosomatic imbalances within scope of practice, balance mood and energy, increase self-awareness, enhance pranic flow and breath quality, and to educate on holistic healthcare practices.
•  Because of the highly personalized nature of services provided, the varying degrees of client compliance, and numerous variables affecting the rate of progress, The Body Intuitive makes no warranties nor guarantees of any result of services provided.

 

2. Student Code of Conduct

•  Arrive on time and be fully present during sessions.
•  Refrain from using cell phones, except for appropriate use as a learning tool or for recording sessions.
•  Take ownership of your well-being, decisions, choices, actions, and results.
•  Communicate with integrity, be open to trying new practices, and allocate time and energy to participate fully.
•  Stay alert to any signals or discomfort your body is giving you, and communicate this to your Bodyworker/Massage Therapist so during the session you and your provider can avoid any exercise, stretch, touch, or technique that may cause apprehension, strain, or discomfort. All clients are educated on and recommended  to use the "red/yellow/green" system to vocally express boundaries with touch during sessions. 

 

3. Scheduling

•  Consistency is essential for the overall progress and effectiveness of therapy. Clients are expected to attend all scheduled appointments. If you are late for a session, you may lose some of that session time. Missed sessions will be decremented from your active package or charged to the credit card on file, regardless of the typical form of payment. On the rare occasion that I must cancel our session with less than 24 hours notice, you will not charged for the cancelled appointment and your session will be rescheduled free of charge (and your package expiration automatically extended if applicable).
•  Schedule all appointments before the service expiration date. You may schedule appointments online through our online scheduler (www.thebodyintuitive.as.me) or by emailing us at [email protected] to request your appointment.
•  Choose the scheduling option that works best for you: In-person or online sessions available depending on client location
•  Sessions are scheduled on a first-come, first-served basis.
•  TBI reserves the right to request appointments to be rescheduled or delayed due to either provider or client illness; or due to compliance with local, state, and federal health protocols.
•  Expired services are forfeited and non-refundable. 

4. Professional Relationship

•  Maintain professional and ethical behavior.
•  Romantic or intimate relationships between client and provider are strictly prohibited.
•  Provider has the right to terminate the session and client relationship at any time.
•  Sexual advances, touch, or harassing comments are not tolerated.
•  Massage is strictly therapeutic and non-sexual. 

 

5. Consent, Touch, Safety

•  Therapeutic touch offered when necessary, appropriate, and relevant.
•  Fully disclose and inform provider of all known physical and medical conditions, medications, and injuries.
•  It is mandatory to keep your provider updated on changes in health, medical condition, and medications; and to fully disclose all pertinent conditions, circumstances, and other factors which may affect the therapeutic relationship or course of treatment.
•  Inform provider of any special conditions, sensitivities, limitations, or needs.
•  Notify the provider of any discomfort during the session and be proactive in communicating your level of comfort and preferred types of touch.

6. Billing and Payment

•  Prepayment or credit card info on file is required to secure an appointment. 
•  Credit card information must be on file for autopay contracts.
•  Billing information protected and sensitive information encrypted.
•  Receipts automatically sent after each charge.
•  Disputes or questions can be emailed to support at The Body Intuitive.

 

7. Fees and Payments for Extra Time & Fee Increases 

•  I charge my hourly fee on a prorated basis for any professional services provided in addition to regularly-scheduled sessions. These services may include writing reports, telephone conversations longer than 10 minutes, attendance at meetings which you have authorized or requested, and any professional service that is requested or otherwise required for treatment. Each calendar year, the session fee may be increased by up to 10% of the existing fee. You will be notified of any fee increases at least 2 months prior to the effective date of that increase.

 

8. Cancellation Policy; Billing & Referral for Inability and/or Refusal to Pay:

•  24 hours' notice is strictly required to reschedule or cancel a session or treatment appointment with your provider. 
•  Full amount charged for missed meetings or cancellations within 24 hours.
•  No refunds or session credits for cancellations made within 24 hours.
•  For cancellations or no-shows within 24 hours of scheduled appointment(s) for clients on packages, those appointments are considered to be forfeited and will be decremented from the package total; and your package expiration date will not be extended for this reason.
•  Psychosomatic health care ethics codes make explicit that clients can be referred out on the basis of inability to pay for the clinician’s services.
•  Please be advised if your failed or incomplete payment, and/or refusal to provide payment, cannot be remediated successfully within 3 days of the payment due date specified as per the terms of this agreement, the provider or an authorized staff working on behalf of the provider may cancel your services and the remainder will become immediately due if you are on an installment plan.

 

9. Rescheduling Policy

•  Reschedule before the 24-hour cancellation window to avoid deductions. 
•  Effort made to reschedule missed sessions, but availability is not guaranteed.
•  Client responsibility to reschedule before service expiration date.
•  Individual sessions can be rescheduled up to three times before they are considered to be forfeited.

 

10. Termination

•  Either Client or The Body Intuitive can terminate a session or a package with verbal or written notice.
•  Financial provisions and restrictions of session or package still apply, even if client or provider chooses to cancel their service, session, or package.
•  Partially completed packages or treatment plans are non-refundable, regardless of reason for termination. 

11. Refund Policy

•  NO refunds provided due to personalized nature of treatments and services. 
•  Credit equal to original service type may be given at discretion of the Company for individual sessions canceled 24 hours or more in advance.
•  Packages can be canceled but will not be refunded.
•  No refunds for partially completed sessions or packages.

12. Client-Provider and Support Communications

•  Communications between Sessions: To ensure effective communication and maintain confidentiality, all forms of communication with clients outside of in-person sessions will be agreed upon at the onset of treatment. Clients have access to the following support channels outside of sessions.
•  Support Email Address and Communication: Clients may use the support email for non-private and non-urgent matters such as scheduling and general service inquiries: [email protected].  Please note that email and text are not considered a private or secure method of transferring sensitive data. 
•  Provider Email Address and Communication: Clients may use the provider email for more private non-sensitive matters and questions pertaining to their treatment and/or individual sessions: [email protected]. Please note that email is not considered a private or secure method of transferring sensitive data. 
•  Business Phone Line: For additional support, clients may use the business phone line provided. Generally, clients may contact their provider and support via text at 480-999-6087 between 9am and 9pm. Please note responses may not be immediate, particularly during very early and very late hours; or while your provider is in session.

 

13. Social Media & Social Connection Policy 

 

•  Social Media Policy:  Recognizing the way most people connect in modern times, and the fact that many of my clients have found me on social media, I have made the decision to accept friend or contact requests from current or former clients on any social networking site (Instagram, LinkedIn, etc). I will not initiate a follow/add/friend request but if you initiate then I will accept but may not add you back for privacy. Please note that adding me, your provider, as friends or contacts on these sites can compromise your confidentiality and our respective privacy of our relationship and all information, activities, and interactions exchanged here may be considered in the public realm and outside the realm of confidentiality of a session or treatment. It may also blur the boundaries of our therapeutic relationship, so it is generally not encouraged. If you have questions about this, please bring them up when we meet and we can talk more about it to ensure that the importance of minimizing dual relationships is respected. Please note that The Body Intuitive and your provider cannot protect your confidentiality and privacy should you choose to connect or to interact with us on these sites, given they are hosted on third party platform sites.
•  In the Community: If we see each other incidentally outside of a treatment session, the studio, an online forum, or other private therapeutic context, I will not acknowledge you first. Your right to privacy and confidentiality is of the utmost importance to me, and I do not wish to jeopardize your privacy. However, if you chose to acknowledge me or speak to me first, I will be more than happy to speak briefly with you, but feel it appropriate not to engage in any lengthy discussions in public or outside of the therapy office.
•  Electronic Communication: I cannot ensure the confidentiality of any form of communication through electronic media outside of the secure messaging platforms designated by me for such use. If you prefer to communicate via unsecure messaging platforms such as email or text messaging for issues regarding scheduling or cancellations, I will do so after securing your consent. While I may try to return messages in a timely manner, I cannot guarantee immediate response or a response within 24 hours. I request that you do not use these methods of communication to discuss therapeutic content and/or request assistance for emergencies. Your private client platform is the most appropriate place for discussing confidential or therapeutic content, including Personal Health Information (PHI).

 

14. Communication Consent and Preferences

1. Consent to Communication:

□ I consent to receive emails, text messages, and phone calls as acceptable methods of communication from my provider and or an agent of The Body Intuitive for relevant and appropriate support between sessions, such as for scheduling, transactional information, client portal notices, and therapeutic support from my provider.

□ Acknowledgment: By providing a telephone number below and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. You can reply STOP to opt-out of further messaging at any time.

□ Voice Messages (Optional): Check this box to indicate that leaving a voice message is permissible.

2. Select Preferred Communication Method:
Please specify your preferred method of contact (email or text/phone call) and provide the relevant contact details to your provider. It is the client's responsibility to provide notice to the practitioner, either verbally or in writing, at the time of any change in their preference for contact methods and communications outside of sessions.

□ Preferred Method of Communication: Text message (or Call) 

□ Preferred Method of Communication: Email 

                                       

       

Section 3: Medical Disclaimers and Scope of Practice

By voluntarily participating in any service including therapeutic massage and bodywork provided to you by The Body Intuitive LLC, you agree to the participant terms of this agreement including the acknowledgements below:

15. Scope of Services:

•  The services provided by The Body Intuitive are not medical advice, psychotherapy, or counseling. Healthcare providers, holistic health coaches, and therapists without appropriate board licensing and medical credentials generally cannot treat acute medical conditions.
•  The Body Intuitive LLC offers massage therapy, rehabilitative mobility, Reiki, yoga therapy instruction, and provides other holistic health coaching services.
•  If a client has a condition outside the scope of practice or requires care from a licensed medical or health provider, The Body Intuitive will refer them to the appropriate professional. The Body Intuitive may provide recommendations and referrals to third-party health and wellness providers at their discretion, but they are not liable for any cases referred to these parties.
•  Client assumes responsibility to recognize when third-party care is necessary and to seek it out.
  

16. Provider Training and Credentials –

•  The services provided are limited to the expertise and credentials of The Body Intuitive. 
•  To see the most up-to-date list of credentials, visit:  https://www.thebodyintuitive.com/about
•  While clients will work with experienced providers who are certified coaches and therapists, alternative and complementary modalities are best used in conjunction with traditional medical practices.

 

17. No Substitute for Medical Care.

•  You understand that massage therapy and other services provided by The Body Intuitive are not a substitute for medical treatment or medications. 
•  While highly recommended, it may be required in certain cases that you concurrently work with your primary caregiver for any condition you may have.
•  You are aware that The Body Intuitive and its Providers, staff, or affiliates do NOT diagnose physical or mental illness or disease, prescribe medications, and/or perform spinal manipulations; and are not qualified to do so or provide recommendations for such.
•  If you are currently in therapy or under the care of another board-licensed or mental health professional, you must consult with your current provider regarding the advisability and/or decision of procuring therapeutic services with The Body Intuitive.
  

18. Assumption of Risks

•  As a participant in sessions, classes, programs, workshops, online materials, and events offered by The Body Intuitive LLC during which you will receive information and suggestions about The Body Intuitive LLC, health, and fitness, you acknowledge that these activities may require physical exertion and can be strenuous.
•  You are fully aware of and willingly assume the risks and hazards involved, including the potential for aggravated physical injury.
•  You understand that it is your sole responsibility to consult with a physician prior to your participation in any of the classes, programs, workshops, online materials, and events at The Body Intuitive LLC.
  

19. Warrant of Fitness and Condition and Assumption of Responsibility for Well-Being

•  You represent and warrant that you are sufficiently fit and have no medical condition which would prevent your full participation in these activities.
•  In consideration of being permitted to participate in any of the classes, programs, workshops, and events at The Body Intuitive LLC, you agree to assume full responsibility for any risk, injuries, or damages, known or unknown, which you might incur as a result of participation in the activity.
•  You also agree to inform your provider of any physical limitations, discomfort, and/or injuries before or during participation in treatment or services at The Body Intuitive.
•  Furthermore, you take full responsibility for your own actions and limitations.
•  If you experience pain or discomfort during the session, you will immediately inform your provider so that pressure/strokes can be adjusted to your level of comfort.
•  You maintain ultimate responsibility for any pain or discomfort you experience during or after the session.

20. In Case of Injury or Emergency –

•  If you have an acute medical condition or injury, contact your primary care physician, insurance plan, or visit your local urgent care or hospital. 
•  Dial 911 for emergencies.
•  You understand that the services provided by The Body Intuitive are not a substitute for professional advice or counseling from qualified professionals. Seek independent professional guidance for emergency or acute health matters.
  

21. Professional Code of Conduct for Massage Therapy and Yoga Therapy Services –

•  The Body Intuitive LLC voluntarily adheres to the recommended competencies, training, ethics, and standards of behavior set forth by the Associated Bodywork & Massage Therapist. For more information on ethics for massage therapists, please visit: https://www.abmp.com/abmp-code-ethics
•  The Body Intuitive LLC voluntarily maintains certification with the International Association of Yoga Therapists (IAYT), adhering to their rigorous standards, ethics, and the latest best practices. For more information including regarding touch for certified yoga therapists, please visit their
•  Code of Ethics: https://cdn.ymaws.com/www.iayt.org/resource/resmgr/docs_certification_all/2020_updates_scope_ethics/2020-09_sop_v2.pdf
•  Scope of Practice:  https://cdn.ymaws.com/www.iayt.org/resource/resmgr/docs_certification_all/2020_updates_scope_ethics/2020-09_sop_v2.pdf
•  Consented Touch in Yoga Therapy Training, Teaching, and Practice: https://cdn.ymaws.com/www.iayt.org/resource/resmgr/docs_certification_all/2020_updates_scope_ethics/2020-09-01_touch_definition.pdf

 

                                              

Section 4: Data Privacy, Usage, and Management Policy; Notice of & Consent to Recordings

This Data Privacy and Management section outlines the guidelines and procedures for processing, management, retention, and disposal of client files and data by The Body Intuitive, herein referred to as “the Company.”

Section 4a. Notice of and Client Consent to Audio Recordings through AI Software and Data Use/Privacy Policy

22. How We Use AI-integrated Software to Record, Process, and Store Your Data

1.  Protecting Your Privacy while Providing Superior Quality Treatment
   A primary objective of our Privacy Policy is to ensure the confidentiality of our clients' personal information while facilitating the necessary exchange of data to deliver superior massage therapy, mobility, and intimacy coaching services. Recognizing the diverse nature of our services, our policy is adaptable and inclusive, designed to comprehensively address the various applications and sharing of information. We employ HIPAA-compliant software solutions to process and securely store all client sessions and related data.
   
2.  HIPAA Privacy Overview
   HIPAA is a federal law ensuring the confidentiality and security of certain medical data and health information. Entities like health plans and providers must comply with HIPAA to protect health information and uphold patient rights. HIPAA safeguards Protected Health Information (PHI), which includes identifiable health, treatment, and payment details. This policy helps us achieve a balance, allowing essential information to be used for service enhancement while safeguarding the privacy of our clients seeking wellness and recovery. For questions about your health information rights or HIPAA practices, reach out to us at [email protected].

 

□ ACKNOWLEDGEMENT OF RECEIPT OF PRIVACY NOTICE: By checking this, you are acknowledging that you have received a copy of HIPAA Notice of Privacy Practices  (https://www.thebodyintuitive.com/hipaa).

 

23. Compliance with Legal and Regulatory Requirements for Data Privacy and Security

1.  The purpose of this policy is to ensure compliance with applicable regulations and protect the confidentiality, integrity, and availability of client information.
2.  The company is committed to maintaining the privacy and security of client data in accordance with applicable laws and regulations.
3.  Client files will be handled in compliance with applicable privacy and data protection requirements, such as HIPAA laws.
4.  The Company will not disclose client information to third parties without the client’s written consent, except as required by law.

 

24. Notice of and Consent to Audio-Only Recording during Sessions or Services (both online and in-person):

•  You acknowledge notice of audio recording and irrevocably consent to authorizing The Body Intuitive during session or treatment times to:
• Take audio recordings that may contain your likeness, name, voice, or image (the "Recordings").
• Take, obtain, record, edit, display, publish, and distribute testimonials or other statements from you (the "Statements").
• Use, reproduce, distribute, display, publicly perform, modify, adapt, publish, create derivative works of, and otherwise use, either in whole or in part, with or without attribution, the Recordings and Statements for any commercial, advertising, or business purpose in any medium, whether now known or hereafter devised.
•  For client and provider safety, and as value-added benefit to continuity of services and personalization of treatment, conversational aspects of sessions, or parts of sessions, may be audio recorded only as a clinical note-taking tool for the provider, a teaching method, and an accountability/progress tool.
•  You consent and agree to have your session recorded by audio ONLY at any time during the course of your session or during consults/calls outside of sessions.
•  Bodywork sessions are NOT video recorded.

 

 

25. Client Data & Session Processing

By purchasing services, membership, downloads, or other offerings (whether in-person or online), you agree to all of the terms and conditions of our data privacy, usage, and confidentiality policy contained herein. Our operations and services integrate and depend upon these systems to support our small team and they cannot be separated from our delivery of services. 

1.  Case & Session Notes.
1.  The company utilizes HIPAA-compliant Acuity software (owned by Squarespace) for scheduling, tracking and storing case notes, and treatment progress.
2.  Case notes, including client information and provider evaluations or sessions notes, are retained in Acuity and/or Upheal.
2.  Processing Data with Integrated AI-Generated Notes and Summaries:
   1. The company uses Upheal AI to securely process the audio-only recording or dictated notes from client intake and treatment sessions, which allows expedited review, processing, and initialization of detailed provider notes of clients' sessions while allowing the provider to remain present and focused on the client throughout the entire session.
   2. Audio recordings are initialized & processed in Upheal to create session notes.
   3. Recordings are typically deleted after notes are processed.
   4. Written AI-generated summaries and case notes may be retained for internal client records, for compliance purposes and as per standard and industry best practices for healthcare providers.
   5.  All recordings can be deleted upon request.
   6.  Please visit US Upheal Notice of Privacy Practices (https://drive.google.com/file/d/1lLlDdxsC9yisjwHUd7IJRJMfJj2OoSFT/view) for an additional document containing information on Upheal’s Privacy Policy and how data is processed.
1.  Upheal Software Privacy & Data Use: The Company uses external providers to enhance services including the Upheal platform. Upheal empowers providers to concentrate on their services by offering automated notes and analytics for client conversations. As a part of this process, Upheal handles protected health information for psychotherapeutic and somatic counselors, adhering to HIPAA regulations as a Business Associate. The Company has signed a Business Associate Agreement (BAA) to protect data that is shared with Upheal. Under the BAA, Upheal adheres to regulations such as the HIPAA Security Rule and Privacy Rule. This ensures that electronic health information (ePHI) is safeguarded through appropriate administrative, physical, and technical measures, ensuring its confidentiality, integrity, and security. You can learn more about Upheal and its privacy practices here: https://www.upheal.io/privacy-and-compliance.
2.  Upheal AI Integration:
3.  Zoom Software and API Integration: The company utilizes a HIPAA-complaint and globally-enabled phone and video meeting software called Zoom to hold and record video and audio calls for online coaching sessions and occasionally for in-person sessions. This software also uses AI technology to provide summaries of sessions, meetings and calls hosted over Zoom. AI-generated session summaries and video/audio recordings of online sessions are retained securely for internal client records, and sometimes shared with clients to provide the most effective treatment support for their ongoing progress and practice.
4.  Zoom Privacy and Confidentiality: Zoom engaged a third-party to review and affirm that Zoom has implemented the controls needed to secure protected health information (PHI) according to the requirements of the HIPAA Security Rule, Breach Notification Rule, and the applicable parts of the Privacy Rule. A compliance attestation was completed based on the results of the third-party review. Zoom's multi-purpose platform, with unparalleled ease of use, helps customers enable HIPAA compliant programs by executing a Business Associate Agreement (BAA) and safeguarding PHI, allowing healthcare organizations to reach across the virtual care continuum, including healthcare administration, medical education, and Telemedicine. You may view Zoom’s Privacy Policy here: https://explore.zoom.us/en/privacy/
5.  No Responsibility for Inaccuracies or Errors: Though we review the AI notes and summaries provided to you as a courtesy to supplement your treatment plan, the company takes no responsibility for inaccuracies, errors, or misrepresentations in AI-generated content, recommendations, or description of session content.

 

26. Acceptable Uses of Recording:

•  Acceptable uses of AI or recordings of sessions provided are limited to educational and clinical use for the purposes of providing services to you.
•  You may request your session to be recorded on your personal smartphone or via Zoom software to use for practice but are expressly prohibited from selling or using this recording for non-personal purposes without prior written consent of The Body Intuitive.
  

27. No Compensation for Recording:

•  You will receive no compensation from The Body Intuitive other than any goodwill and publicity that you may receive relating to the publication, distribution, or other use of the Recordings or Statements as set forth in this release.
•  You understand and agree that the Recordings or Statements may or may not contain attributions specifically identifying you or any of your property.
  

28. Owner of Recording:

•  You acknowledge that, between the two Parties to this Agreement, The Body Intuitive is the sole and exclusive owner of all right, title, and interest in the Recordings and Statements taken during the course of treatment, session, or discussion.
•  You hereby assign The Body Intuitive any right, title, and interest you may have herein.
•  You hereby release and discharge The Body Intuitive from any and all claims, losses, costs, liabilities, damages, and expenses you might have in connection with The Body Intuitive's use, display, dissemination, or exploitation of the Recordings and Statements, including, but not limited to, any claims for defamation, violation of moral or artist rights, and any right of privacy or publicity.

 

□ I understand the above terms and hereby express my agreement to the AI data and recording policies for purposes of servicing the treatments and sessions that I have voluntarily requested. I acknowledge that client notes, recordings, and transcripts are maintained internally within the company for record-keeping and continuity for treatment, and that I may request to have recordings and/or transcripts deleted at any time.

 

                                             

Section 4b: How We Secure, Store, Handle, Share, and Use Your Data

29. File Retention Policies: Securing, Storing, and Processing Your Data

1.  Policy Overview
1.  This File Retention Policy will be reviewed periodically to ensure its effectiveness and compliance with legal and regulatory requirements. Any necessary updates or revisions will be made accordingly.
2.  Cloud Storage.
1.  The Company utilizes Acuity, Upheal, Zoom, and Dropbox for secure, convenient, and cloud-based client file storage and retention.
2.  All clients files, including Zoom session recordings, that contain personally identifiable information, are stored securely in Dropbox, Upheal, and Acuity.
3.  The Company shall not be held liable for file loss, technical errors, or changes to services attributable to software or technological errors.
3.  Private Folder.
1.  Each client shall have a separate and private Dropbox folder for storage and archiving of client intake documentation, photos, files, recordings, documents, case notes, and session history, and other related information.
4.  Restricted Access
1.  The company will take appropriate measures to protect client data from unauthorized access, theft, or loss.
2.  The company's Dropbox account is password-protected and only the business owner, the client, plus any authorized operations & support staff can access the files.The company will take appropriate measures to protect client data from unauthorized access, theft, or loss.
5.  Custom URL & Health Provider Link Sharing
1.  The client may email, at their discretion, request the Company to share the clients’ Dropbox URL at any time during the relationship or after the termination of their services (such as for the purposes of providing case history to another provider), along with a signed Release of Information waiver by emailing [email protected].
2.  If a client requests their private Dropbox folder, the software may require a subscription fee for you to fully access and download all files, depending on the file sizes and if you already have a Dropbox account or not. The company shall not be held liable for covering this fee as part of the cost of services.

 

30. Internal Data Handling

1.  The company uses password-protected softwares including Loom Video and Screen Recording software and ClickUp project management software to communicate internally and provide you with the best level of service. Any and all information shared internally with staff to coordinate your treatment is kept confidential and private.

31. Removal, Disposal, and/or Destruction of Client Files/Data

1.  Disposal of Files
   1.  Client Request. Clients may request the deletion of their files at any time by emailing their request to [email protected]
   2. Secure Disposal. When the retention period expires or when files are deemed no longer necessary, the company will dispose of client files securely, ensuring the confidentiality and integrity of the information.
   3.  Notice Period. The company reserves the right to remove client files from its systems at any time. However, a written notice will be provided to the affected clients at least 30 calendar days in advance of any file removal.
 
2.  Client File Retention
   1. The company will retain these files for a period of up to 5 years from the date of creation or receipt, unless otherwise specified by applicable legal or regulatory requirements. After the 5-year period, the company reserves the right to dispose of the files.
   2.  After the company has disposed of files, no recovery shall be available.
 

                                             

Section 5: Optional Client Consent to Provide Testimonials 

The Body Intuitive is constantly inspired by our client’s progress and on occasion may want to share content that may help others find their own path of healing! We also understand your desire for privacy and want to make sure that we only share content that you feel comfortable with having us share, and therefore we have provided several options below that let you choose how we can use your experiences to support and inspire others!

32. Notice of Request for and Recording of Testimonials

You are notified that “Testimonials” and “Statements” may be recorded, as a teaching method, accountability/progress tool, and value-added benefit to services. You consent and agree to be asked for and record testimonials prior to or after a session.

33. Client Consent to Provide Testimonials

You acknowledge notice of filming and irrevocably consent to authorizing The Body Intuitive a) take photographs, videos, or audio Testimonials & Statements that may contain your likeness, name, voice, or image (the “Testimonials, or “Statements”); (b) to take, obtain, edit, display, publish, and distribute Testimonials or other statements from you (the “Statements”); and (c) to use, reproduce, distribute, display, publicly perform, modify, adapt, publish, create derivative works of, and otherwise use, either in whole or in part, with or without attribution, the Testimonials and Statements for any commercial, advertising, or business purpose in any medium, whether now known or hereafter devised.

34. Compensation for Testimonials

You will receive no compensation from The Body Intuitive other than any goodwill and publicity that you may receive relating to the publication, distribution, or other use of the Testimonials or Statements as set forth in this release. You understand and agree that the Testimonials or Statements may or may not contain attributions specifically identifying me or any of your property.

35. Owner of Testimonials

You acknowledge that, between the two Parties to this Agreement, The Body Intuitive is the sole and exclusive owner or all right, title, and interest in the Testimonials and Statements, and you hereby assign The Body Intuitive any right, title, and interest you may have herein. You hereby release and discharge The Body Intuitive from any and all claims, loses, costs, liabilities, damages, and expenses you might have in connection with The Body Intuitive’s use, display, dissemination, or exploitation of the Testimonials and Statements, including, but not limited to, any claims for defamation, violation of moral or artist rights, and any right of privacy or publicity.

36. Consent to Sharing Content and Media

Your choice below will indicate the level of consent to which you agree for your provider at the Body Intuitive to share written content, audio, photos, and videos from your treatments, sessions, and conversations in social media, text, or other platforms for testimonials, marketing, and/or teaching purposes:

Please Choose One: 

□ I consent to use identifying information such as full name, instagram handle, likeness, and occupation
□ I consent for my provider to use only my first name and likeness in materials and recordings (for example, only first name and face/body may be shared)
□ I consent for my provider to use my materials and recordings on condition of anonymity (no personal identifying information shared)
□ I do NOT consent to have any of my materials and recordings used for testimonials, marketing, and/or teaching purposes

                                             

Section 6. Legal Disclaimers; Liability Release and Waiver

37. Client Confidentiality -

•  The relationship between the client and their provider is bound by confidentiality within the scope of a professional business relationship, but it is not considered a legally confidential relationship. 
•  The Body Intuitive LLC will not disclose the client's name as a reference without their consent.
•  Confidential information does not include information that:
• was already known to The Body Intuitive before being shared by the client;
• is generally known to the public or in the industry;
• The Body Intuitive is required by law to disclose.

 

38. Releases & Limitations of Liability

1.  Maximum Damages - By signing this contract, you agree that the maximum amount of damages you are entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by The Body Intuitive.
2.  Limit of Claim – If you wish to pursue legal action arising out of or related to this Agreement, the claim must be filed on or before 1 year after the date of signature provided below, or the commencement of the first client appointment or Service, whichever is sooner.
3.  Non-disparagement – The parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement. Written disputes, feedback, questions, and concerns can be sent to Client Support. Email address is: [email protected].
4.  Force Majeure. Notwithstanding the above, either party may choose to be excused from any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the Services provided in this Agreement. This includes natural disasters (fires, explosions, earthquakes, hurricanes, flooding, storms, or infestations), war, embargo, or other hostility (whether federally declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of impending terrorism.

 

39. Waiver and Arbitration

In further consideration of being permitted to participate in any of the services, classes, programs, workshops, courses, and events at The Body Intuitive LLC, you hereby waive release and forever discharge The Body Intuitive LLC and its directors, officers, agents, employees, representatives, subcontractors, successors and assignees, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from participation in any activities mentioned above.

•  You also release all of those mentioned, and any others acting on their behalf, from any responsibility or liability for any injury or damages to yourself, including those caused by the negligent act of any of those mentioned, or others acting on their behalf in any way arising out of or connected with your participation in any activities of The Body Intuitive LLC.
•  You knowingly, voluntarily, and expressly waive any claim you may have against The Body Intuitive and its owners, contractors, and employees for injuries or damages that you may sustain as a result of participating in a program, event, course, session, or service of any type.
•  Furthermore, you agree to irrevocably release from all liability and waive any claims that you have now or hereafter may have against The Body Intuitive LLC, her family members, or any of her relatives for any and all personal injury, death, property damage, or loss of any kind sustained by you as a result of your participation or instruction you receive from The Body Intuitive LLC or any of its owners and agents.
•  If the Parties cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then the Parties will make a reasonable attempt to resolve their dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
•  The federal laws of the United States, the state laws of California, and the county laws of Los Angeles govern all matters arising out of, or relating to, this Agreement, including torts.

                                              

Section 7: Agreement and Signature

40. Sole Agreement

By signing below, you confirm that you have read and fully understand this release. You agree to the terms set forth above completely. This agreement is the entire agreement between the parties and reflects a complete understanding of the subject matter.

41. Entire Agreement

This Agreement represents the entire agreement between The Body Intuitive and Yourself regarding this subject matter. It will be governed by the laws of the State of California. Any disputes relating to this Agreement will be resolved in the state or federal courts within Los Angeles County, California. All previous negotiations and agreements on these matters are merged into and superseded by this Agreement. The Parties may only amend this Agreement with written consent and proper Notice (a minimum of ten business days).

42. Legal Age

I warrant that I am above 18 years old and have the authority to enter into a binding agreement with The Body Intuitive. I also have the authority to grant the permission and release stated above.

                                                                                                                                                                                   

[Name

Email

Phone number

Address

Signature

Age

Today’s Date]