Liability Waiver, Photo Release, and Terms of Service

Client agrees as follows:

 

Client understands and agrees that they will provide the Therapist with complete and accurate health information and a written referral from Client’s primary healthcare provider (if needed) if Client is currently receiving care or has a specific medical condition or symptoms for which Client takes medication or receives periodic evaluations or treatment. Client understands that massage therapy and Lymphatic Drainage Therapy is designed to be an ancillary health aid and is not suitable for primary medical treatment for any condition.

 

1. Client and Therapist have discussed the potential benefits and possible side effects of massage therapy and have agreed upon a course of focused attention and manual therapy for the predetermined goals of stress reduction, relief of muscular discomfort, and/or promotion of general health.  Client has been given an opportunity to ask questions of the Therapist and has received all requested information.

2. Client understands that the unclothed body will be draped at all times for warmth, sense of security, and as a mark of massage therapy professionalism. Client agrees to immediately inform the Therapist of any unusual sensation or discomfort so that the application of pressure may be adjusted to Client’s level of comfort. Client understands that massage therapy is not sexual in any manner and that any illicit or suggestive remarks or behavior on the client’s part, will result in an immediate termination of the therapy session.  Client understands that payment will be expected in full; regardless if the session or series is completed or not. Any type of harassing or disrespectful behavior will not be tolerated and the Practitioner may terminate the relationship without refund of prepaid credits if harassment or disrespect occurs.

3. Client hereby assumes full responsibility for receipt of the massage or detoxification session(s), and releases and discharges Therapist and the Business from any and all claims, liabilities, damages, actions, or causes of action arising from the therapy received hereunder, including, without limitation, any damages arising from acts of active or passive negligence on the part of the Therapist, to the fullest extent allowed by law.

4. Client, in signing this consent for Therapy and Waiver of Liability (“Consent”), understands and agrees that this Consent will apply to and govern the current and all future therapy sessions performed by the Therapist, and that our location is a month to month lease and the address may change without notice in case of an emergency.

5. I understand that a Massage Therapist does not diagnose disease, illness, or prescribe any treatment or drugs, nor do they provide spinal manipulation. I understand that draping will be used at all times and that if I am a female Client I am consenting to therapeutic breast massage from a female Therapist and that pasties will be provided for my privacy.  I understand that if I become uncomfortable for any reason that I may ask the Therapist to end the massage session, and they will end the session immediately.  I understand that the massage Therapist may end the session for any inappropriate or sexual behavior and that no refund will be issued if this is deemed necessary. I have stated all of the conditions that I am aware of, and this information is true and accurate. I will inform the health care provider of any changes in my status. I understand that before and after photos may be taken so that I can personally see my own results and Dr. Ravi Aviana can better track my progress over time. I understand that these photos may be used anonymously for promotional and marketing materials illustrating the results from the work so that Dr. Ravi Aviana may continue to pursue and provide healing opportunities to others in a similar situation to myself, and that my name will never be shared in order to respect my personal privacy. I understand that the Business has 100% full ownership of these photos, and that I am participating in this session or package as a promotional offer at a 33%-75% discount in order to provide all  photos, videos, supporting health documents, and any applicable measurements to the Business for commercial and marketing purposes. I understand that if I would like to purchase the ownership rights to my photos, I will be required to pay full price for the session or package, and that I have been made aware of these terms prior to making any commitments to move forward with a session or package via this agreement, and therefore understand that I am still responsible for my full payment of a single session or package based on the agreed upon terms once the deposit on a package has been paid with a signed payment agreement, or a single session has been performed, even if I choose to back out of the agreement for any reason. If I choose to back out of an agreement, the Therapist will end the session immediately but I will still be responsible for full payment based on the initial terms of the agreement. I confirm that I have been provided the opportunity to read this document entirely prior to signing, and that the Practitioner is able to verbally read it out loud to me in its entirety if the print is too small for me to read upon my request.. I understand that changing my mind about photos for a modeling discounted opportunity at any point does not constitute as reason for a refund or cancelled payment plan. 

6. I understand that Dr. Ravi Aviana is not a MD, but does hold a PhD in Metaphysical and Humanistic Science and specializes in lymphatic drainage therapy, body contouring, weight loss, anti-aging,  and the minimization of undesired symptoms but does not promise or guarantee results to any degree, since every human body and health history is different, and the lifestyle habits I change or do not change may have a direct impact on my own results. I understand that all of the terms and conditions apply as listed on the payment plan agreement, even if I paid in full. I understand that 48 hours notice is required to cancel or reschedule appointments, otherwise the appointment can be treated like a no call no show, and I will either be charged the full a la carte price for the service, or the appointment will be deducted from my series, whichever is the most applicable to my situation. I understand that the Business will give me leniency for one appointment with a less than 48 hour cancel/reschedule for illness or emergency. I understand that all payments, deposits, sessions, and packages are 100% non refundable and that payment is due in full for any performed service, according to the payment plan agreements, and according to the 48 hour cancellation policy. By signing this agreement I am stating that I am fully aware of and consciously agree to all of the terms for the service, package, or promotional offer. I am also waiving my right to request any chargebacks or refunds for any deposits, single services, packages, or missed appointment fees, as I have been made aware that all payment agreements are legally binding and that on time payments as well as missed or late payments and delinquent accounts may be reported to all 3 credit bureaus, and that all deposits, service fees, and packages are nonrefundable, and cannot be canceled once the deposit has been paid on a package or a single service has been performed. I am aware that I have the right to refuse service or not sign up for any single services or packages, and by signing this agreement I am consenting and agreeing to move forward with a single service or a package and that any applicable charges or reports to the 3 major credit bureaus made by the Business are true and correct. 

7. This agreement also acts as an NDA to protect the intellectual and proprietary property of this protocol, which is currently in the process of being approved as an official modality by the NCBTMB, the National Certification Board for Therapeutic Massage + Bodywork. All parts of this protocol are under copyright protection, and may not be attempted to be replicated in part or in whole by any active or nonactive practitioners or institutions in any industry, including but not limited to Massage Therapists, Bodyworkers, Estheticians, Skin Care Specialists, Weight Loss or Body Contouring Specialists, Anti-Aging Specialists, Holistic Health Practitioners, and Lymphatic Specialists without the express written consent and official training from it’s founder Dr. Ravi Aviana and Human Repatterning LLC. Violations of this NDA may result in legal action and fines up to $750,000 per infraction and blacklisting from performing or taking part in any trainings or services related in part or in whole to this protocol.

 

 

Payment Terms and Conditions and Cancellation Policy

The Client agrees and understands that our standard 48 hour cancellation policy applies to all appointments during this series, and if the the standard 48 hours is not given prior to an appointment cancellation or reschedule request, a non-refundable 100% charge for the individual appointment based on the a la carte pricing of $450 per session may be applied to the card on file, or that one session will be deducted from the remaining number of service credits on the Clients account, whichever is most applicable for the situation. If any payments are missed, or 3 or more consecutive appointments are missed based on any combination of less than 48 hours notice or no-call no shows, any further sessions may be cancelled without notice or refund based on the Client not following through with the required commitment to the recommended timeframe of weekly standing appointments. The Client understands and agrees that they are purchasing a discounted promotional package offer for the Business to own the rights to the before and after photos in order to demonstrate the results from one client receiving the entire series of 6 within a reasonable 6-10 week timeframe, that payment for this discounted series is required in full regardless of cancellations or rescheduled appointments. The Client agrees to participate in this 6-session series within the original 6-10 week time frame, and waives their right to request chargebacks or refunds. Any unpaid session or series dues may be reported to all 3 major credit bureaus, and that all charges, reported missed payments, or past due amounts are true and correct. We only work with Clients who are committed to their results, and so sticking to your original scheduled appointments is imperative. Rescheduling sessions outside of this originally agreed-upon schedule is done on a case-by-case basis, and is subject to practitioner availability. The Client understands that the practitioner(s) may book out as far as 2-12 months in advance, and that cancelled or rescheduled appointments may be pushed far out in advance or be shifted to another provider within the business if the original provider is unavailable. A 50% nonrefundable deposit is required in order to hold any future appointment times for maintenance sessions or a new series, to cover the no-show fee for any booked appointments, as well as to reserve the slot, which prevents any other clients from being able to schedule in that appointment slot.  A valid credit card must be on file to hold any appointments, otherwise appointments are subject to cancellation without notice or refund, and that payments are due on originally scheduled dates, and in the case of a new series being purchased, the payment for the new series is due on the day of the final treatment from the previous package (example: the 6th session in series 1 is scheduled for on 6/30 and series 2 begins on 7/5, remaining payment for series 2 is due on 6/30). The Client understands and agrees that this payment plan is a legally binding lender agreement, since prepayment for discounted or promotoional services is required in full, that the Business has offered a loan to the Client to cover this prepaid amount, and that the original payment dates are due regardless of cancelled or rescheduled appointments, just like the payments for a bank loan would be due regardless of how you spent or did not spend the money. The Business has offered the Client a loan for the total amount, and the payment amounts are due in full on the dates listed above ,regardless of the Client's ability to adhere to their originally scheduled session dates, and regardless of the provider's ability to reschedule cancelled appointments on a weekly basis. By participating in this promotional offer, the Client fully understands and agrees that they are purchasing a discounted series of 5 red light sessions or 6 lymphatic sessions, and in order to participate in that discounted promotional offer,  these payments may not be cancelled or rescheduled, and are due in full on the dates listed above even if the Client changes their mind for any reason about continuing with the sessions. Therefore, the Client waives their right to request refunds from the Business, banks, or credit agencies for any reason, including ‘services not received’; since discounted and promotional credits will be offered within the 12 months from the date of purchase per provider availability. The Client being upset about the providers availability does not constitute a reason to claim that services were not provided, since it is the Clients responsibility to adhere to their originally scheduled dates. Our providers are human beings, and  In the instance of a provider being sick and the Business needing to reschedule, credits will be rescheduled at the provider's earliest availability. We do not work on Clients who are sick, and 48 hours' notice is not required to reschedule appointments when ill, however the previously explained rule for 3 consecutive no-shows or cancellations may still apply.