Provider Services Agreement & Liability Waiver

The Body Intuitive 

Provider Services Agreement & Liability Waiver

Please read this Client Agreement, Terms of Service, and Liability Waiver 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 a transparent and informed experience for you as our valued client.

 

Table of Contents

Section 1:  Terms of Service and Client Agreement

Section 2:  Medical Disclaimers and Scope of Practice

Section 3:  Data Privacy, Usage, and Management; Notice of & Consent to Recordings

3a. Notice & Consent to AudioVisual Recordings through AI Software & Data Use/Privacy

3b: How We Secure, Store, Handle, Share, and Use Your Data

Section 4:  Optional Client Consent to Provide Testimonials

Section 5:  Legal Disclaimers; Liability Release and Waiver

Section 6:  Agreement and Signature

 

Section 1: Terms of Service and Client Agreement

1. Purpose of Services

•  The purpose and goal of clinical yoga therapy, health coaching, massage therapy, and somatic therapy is to rehabilitate or improve functional range of motion, decrease chronic pain and inflammation, assess and treat musculoskeletal 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.
•  Services are holistic and address a variety of physical, mental, and spiritual health, relationships, diet, and daily activities, and may also include client goals such as improving communication skills and relational satisfaction, and supporting authentic self-expression.
  

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 during the entirety of your 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 Provider (all clients are educated on and recommended  to use the "red/yellow/green" system) so during the session you and your provider can avoid any exercise, stretch, touch, or technique that may cause apprehension, strain, or discomfort.  

 

3. Scheduling

•  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 student location
•  Sessions are scheduled on a first-come, first-served basis.
•  Schedule requests can be made online through our portal.
•  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. No guarantee of result

•  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.

5. 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.

 

6. Consent, Touch, Safety

•  Therapeutic touch offered when necessary, appropriate, and relevant.
•  Fully disclose and inform the 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.

7. 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 [email protected].
  

8. Cancellation Policy

•  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.

9. Cancellation, Billing, Remediation, and Referral for Inability or Refusal to Pay:

•  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.

10. 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.
  

11. Termination

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

12. 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.
•  Treatment plans can be canceled but will not be refunded.
•  No refunds for partially completed sessions or treatment plans.

 

13. 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, Kajabi client portal questions and troubleshooting, and general services 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.
•  Kajabi Portal: The Kajabi portal is a private communication channel between provider and students. Any communications on the membership community forum or chat are not private.

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.
  

1.  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 2: Medical Disclaimers and Scope of Practice

By voluntarily participating in any service, training, workshop, retreat, or purchasing an information product, program or course (whether in-person or online) 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 provide 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.
•  It is the client's 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: www.thebodyintuitive.com/credentials
•  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, Scope of Practice, and Consented Touch in Yoga Therapy Training, Teaching, and Practice.

 

Section 3: 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 3a. Notice of and Client Consent to AudioVisual 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].

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 Recording:

•  Sessions or parts of sessions may be recorded as a teaching method, accountability/progress tool, and value-added benefit to services.
•  You consent and agree to have your session recorded by audio and/or video at any time during the course of your session or during consults/calls outside of sessions.
  

25. Consent to Recording during Sessions or Services (both online and in-person):

•  You acknowledge notice of filming and irrevocably consent to authorizing The Body Intuitive during session or treatment times to:
• Take photographs, videos, or 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.
  

26. 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.  All case notes are retained in Acuity and may be modified and copied over into the Kajabi platform as appropriate for client communications and treatment purposes, at the discretion of the Company.
2.  Processing Data with Integrated AI-Generated Notes and Summaries:
3.  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.
4.  Upheal AI Integration:
1.  The company uses Upheal AI to securely process the audio from online and in-person treatments/sessions, providing detailed notes of clients' sessions while allowing the provider to remain present and focused on the client throughout the entire session.
2.  Recordings are initialized, processed, and saved in Upheal.
3.  Written AI-generated transcripts, summaries, and case notes are sometimes retained for internal client records as per standard and industry best practices for healthcare providers.
4.  All AI recordings can be deleted upon request.  
5.  Please visit US Upheal Notice of Privacy Practices for an additional document containing information on Upheal’s Privacy Policy and how data is processed.
5.  Zoom Software and API Integration: The company utilizes a secure software Zoom to hold and record video and audio calls for online coaching sessions and occasionally for in-person sessions, utilizing AI technology to provide session summaries. 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.
6.  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/
7.  Inaccuracies may be present in any or all AI content: 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 errors in AI-generated content, recommendations, or description of session content.

27. Acceptable Uses of Recording:

•  Acceptable uses of recordings provided are limited to personal use (such as entertainment, education, personal enrichment).
•  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.
  

28. 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.
  

29. 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.
•  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.

 

[Initials] Video Recording Acknowledgement: I acknowledge and agree that for online and in-person Mobility sessions and practices, video, images, and clips are recorded by default as they are an integral to your provider's ability to service you, and to personalized your treatment plan. Relationship & Intimacy sessions are not video recorded automatically, but may be recorded upon the client's request or through an express agreement between the client and provider. The provider will request consent to record session content on a session-by-session basis, most frequently for the purpose of building a personalized database of somatic therapy practices for the client's online portal.

 

[Initials] I understand the above terms and hereby express my agreement to the above recording and AI data policies for purposes of servicing the treatments and sessions that I have voluntarily requested. I acknowledge these recordings and transcripts are maintained internally within the company and I can request to have them deleted at any time.

 

 

Section 3b: How We Secure, Store, Handle, Share, and Use Your Data

30. Securing, Storing, and Processing Your Data

1.  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 outside of case notes in Acuity, including Zoom session recordings, that contain personally identifiable information, are stored securely in Dropbox, Upheal, and in your individual password-protected Kajabi portal.
3.  The Company shall not be held liable for file loss, technical errors, or changes to services attributable to software or technological errors.
2.  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.
3.  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
4.  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.

31. 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.

32. Client Portal Platform: Kajabi

1.  Portal
1.  The company currently utilizes Kajabi as the client portal platform.
2.  Duration.
1.  For the duration that the Company continues to use Kajabi, all client portal data will be maintained by the company.
3.  Offer & Platform Changes, Combinations, & Modifications.
1.  The company retains the right to modify, change, or combine offers at its discretion.
2.  Any changes to the client portal platform will be communicated to clients with reasonable notice, determined at the company’s discretion.
4.  Notification.
1.  Clients will be notified of any changes to the offers through appropriate communication channels, such as email announcements.
2.  Subscription required to receive notifications: Clients must be opted-into notifications from The Body Intuitive and the Kajabi platform in order to receive these notifications.
3.  If you have unsubscribed from these notifications, please email [email protected] and request to be re-subscribed.
5.  Content & Communications Shared through the Kajabi Portal
1.  The Kajabi portal is a private communication channel between provider and client, and any content shared in an individual Client Portal is secure and password-protected.  
2.  Please keep your password secure and do not share with anyone - the Company is not responsible for information shared outside of Kajabi if you do not keep your password secure.  
3.  At any time, you may request a password reset for your Kajabi Portal by emailing [email protected]. 
4.  Any communications or content shared in the community forum/chat or as comments on courses are not private.
   

33. Removal, Disposal, and/or Destruction of Client Files/Data/Kajabi Platform

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.

 

[Initials] I understand and agree to my sessions data being used for the purposes of creating my personalized client portal as an integral component of the client treatment and services; and I understand that while TBI will do their best to upload as promptly as possible, there is no guaranteed timeline for uploading the content to my Kajabi portal post-session.

 

 

 

Section 4: 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!

34. 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.

35. 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”s”); (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.

36. 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.

37. 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.

38. Consent to Sharing Content and Media:

Please pick from the dropdown menu 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:

(Choose one from dropdown)

>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 5. Legal Disclaimers; Liability Release and Waiver

39. 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.

40. 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.

41. 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 6. Agreement and Signature

42. 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.

43. 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).

 

44. 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.

 

 

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