POLICIES

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

All clients will be asked to present their government ID to the therapist. New clients will be required to sign a waiver before service. At your first visit, your signature will confirm that you have read and fully understand the following Terms of Service and Client Agreement; Scope of Practice; Handling of Personal Information; Legal Disclaimers, Liability release and Waiver. You agree to the terms set forth below and in following descriptions on the ‘policies’ web page completely. This agreement is the entire agreement between the parties and reflects a complete understanding of the subject matter.

Purpose of Services & No Guarantee of Result

• The purpose and goal of massage therapy/bodywork treatment is to improve mobility, restore function, notice subtle changes, potentially decrease chronic pain, balance energy, increase self-awareness, and to educate an integration of applications to one’s overall well-being. 

• Because of the highly personalized nature of services provided and numerous variables affecting the rate of progress, BodyKinesisLLC makes no warranties nor guarantees of any result of services provided. 

Client Code of Conduct

• For in-studio sessions, arrive at least 5minutes before your session time.

• Refrain from wearing heavily applied perfumes or cologne.

• Refrain from smoking before your session.

• Refrain from using cell phones.

• 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 therapist can avoid any exercise, stretch, touch, or technique that may cause apprehension, strain, or discomfort.

Scheduling

• In-home: scheduling a phone conversation is required prior to any in-home sessions. Contact 352 222 5823 or email bodykinesisllc@gmail.com. You will be asked a series of questions to clarify what the therapist may expect at your location. Have your government ID with you for inspection when the massage therapist arrives at agreed location. The therapist will leave if you do not offer to show your government ID. Payment is asked at the commencement of your session(s). You will be asked to complete an intake form.

• In-studio: at this time, texting (352-222-5823) or emailing bodykinesisllc@gmail.com to arrange a potential session time is required. Clients are to present their government ID prior to service.

• Clients are expected to attend all scheduled appointments. If you are late to a session, the session will end at original blocked time (ie: potential loss of session time). All sessions will be charged in full. Missed sessions will be deducted from your active package. For missed single sessions, you must seek to pay the therapist in full. On the rare occasion that I must cancel our session with less than 24 hours notice, you will not be charged for the cancelled appointment and your session will be rescheduled free of charge (and your package expiration automatically extended if applicable).  Canceling or rescheduling your appointment with less than 24 hours' notice will incur a penalty equal to 100% of the total service cost. To avoid cancellation fees, you must cancel more than 24 hours in advance. In addition, for in-home services, if we cannot reach you upon arrival, or governmental ID is not presented, or feel unsafe at your location, we reserve the right to charge 100% for the service and leave the location. To avoid a cancellation fee, you must cancel more than 24 hours in advance.

• Schedule all appointments before the service expiration date. You may schedule appointments via phone or text at 352 222 5823 or via email bodykinesisllc@gmail.com

• BodyKinesisLLC reserves the right to request appointments to be rescheduled or delayed due to either therapist or client illness; or due to compliance with local, state, and federal health protocols. 

• Expired services are forfeited and non-refundable.

Professional Relationship

• Maintain professional and ethical behavior. 

• Clients who are 17 and younger must be accompanied by a parent/legal guardian for the entire session. Informed consent must be in writing provided by the parent/legal guardian.

• Therapist has the right to terminate the session and client relationship at any time. 

• Romantic or intimate relationships between client and therapist are strictly prohibited. 

• Sexual advances, touch, or harassing comments are not tolerated. 

• Massage/bodywork is strictly therapeutic and non-sexual.

Consent, Touch, Safety

• Therapeutic touch offered when necessary, appropriate, and relevant. 

• Fully disclose and inform the therapist of all known physical and medical conditions, medications, and injuries.

• It is mandatory to keep your therapist 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 the therapist of any special conditions, sensitivities, limitations, or needs.

• Notify the therapist of any discomfort during the session and be proactive in communicating your level of comfort and preferred types of touch.  

Billing and Payment

• In-home service: payment is rendered prior to service. Cash or check accepted.

• In-studio service: payment is rendered at the time of service. Cash or check accepted.

• Discounts: Packages, single sessions, or promoted discounts are not compounded with other discounts.

• Disputes or questions can be emailed to bodykinesisllc@gmail.com

Fees and Payments for Extra Time & Fee Increases

• I charge my fees for any professional services provided in addition to regularly-scheduled sessions. These services may include any professional service that is requested or otherwise required for treatment. These requests should be discussed with the therapist with an agreed upon additional percentage (up to 10% above the sessions fee) prior to receiving the professional service.

• If service fees increase, you will be notified at least 2 months prior to the effective date of that increase. 

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 therapist.

• 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 deducted from the package total; and your package expiration date will not be extended for this reason. 

• Clients can be referred out on the basis of inability to pay for the therapist’s services.  

• Please be advised that 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 therapist may cancel your services, and the remainder will become immediately due if you are on an installment plan. 

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. 

Termination

• Either Client or BodyKinesisLLC can terminate a session or a package with verbal or written notice. 

• Financial provisions and restrictions of the session or package still apply, even if the client or therapist chooses to cancel their service, session, or package. 

• Partially completed packages or individual sessions are non-refundable, regardless of reason for termination.

Refund Policy

• NO refunds provided due to personalized nature of services.

• Credit equal to original service type may be given at discretion of the Company (BodyKinesisLLC) 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.

Client-Therapist 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 contact channels outside of sessions. 

• Email Address and Communication: Clients may use bodykinesisllc@gmail.com for non-private and non-urgent matters such as scheduling and general queries. Please note that email and text are not considered private or secure methods of transferring sensitive data.

• Business Phone Line: For additional support, clients may use the business phone line provided 352 222 5823. Text or calls between 9am-5pm weekdays. Please note responses may not be immediate, allow up to 72 hours for return text or call. In the event you do not receive a return text or call, please reach out again.

• For emergencies, please contact 911.

Communication Consent and Preferences

• Consent to Communication: 

‍By consenting to receive emails, text messages, and phone calls as acceptable methods of communication from BodyKinesisLLC and or an agent of BodyKinesisLLC for relevant and appropriate support between sessions, such as for scheduling and transactional information.

Acknowledgment: By providing a telephone number, the client is consenting to be contacted by phone or  SMS text message. Message & data rates may apply.

Voice Messages: Client to indicate that leaving a voice message is permissible. 

Email: Client to indicate that leaving an email is permissible. 

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

Scope of Services:

• The services provided by BodyKinesisLLC, 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. 

• BodyKinesisLLC offers massage therapy: Swedish massage, neuromuscular therapy, polarity therapy, connective tissue therapy, sports massage, stretching, hydrotherapy, prenatal, craniosacral therapy, Bowman practices, and the Alexander Technique.

• If a client has a condition outside the scope of practice or requires care from a licensed medical or health provider, BodyKinesisLLC, will refer them to the appropriate professional. BodyKinesisLLC 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. 

Therapist Training and Credentials

• The services provided are limited to the expertise and credentials of BodyKinesisLLC.

• To see the most up-to-date list of credentials, visit:  https://www.bodykinesisllc.com/about

• While clients will work with licensed and certified therapists, alternative and complementary modalities are best used in conjunction with traditional medical practices. 

No Substitute for Medical Care.

• You understand that massage therapy, bodywork, and other services provided by BodyKinesisLLC 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 BodyKinesisLLC, and its therapist, 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. 

Assumption of Risks

• As a participant in sessions, classes, programs, workshops, online materials, or events offered by BodyKinesisLLC during which you will receive information and suggestions about BodyKinesisLLC, 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, or events at instructed by therapists at BodyKinesisLLC. 

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, or events at BodyKinesisLLC, 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 therapist of any physical limitations, discomfort, and/or injuries before or during participation in treatment or services at BodyKinesisLLC. 

• 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 therapist 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. 

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. 

• Seek independent professional guidance for emergency or acute health matters. 

Professional Code of Conduct for Massage Therapy Services

• BodyKinesisLLC, 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

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

Privacy and Security

• The purpose of this policy is to ensure compliance with applicable regulations and protect the confidentiality, integrity, and availability of client information. 

• The company (BodyKinesisLLC) is committed to maintaining the privacy and security of client data in accordance with applicable laws and regulations. 

• Client files will be handled in compliance with applicable privacy and data protection requirements, such as HIPAA laws. 

• The Company will not disclose client information to third parties without the client’s written consent, except as required by law. 

Client Information

Policy Overview: 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.

Storage: The Company uses a cloud-based client file storage and retention in addition to paper files.

All clients' files containing personally identifiable information are securely stored in a password protected cloud system. Paper files will be kept in a locked file cabinet, only accessible by the business owner and any authorized operations & support staff can access the files. The Company shall not be held liable for file loss, technical errors, or changes to services attributable to software or technological errors.

Private Folder: Each client shall have a separate and private folder for storage and archiving of client intake documentation and SOAP notes.

Restricted Access: The company will take appropriate measures to protect client data from unauthorized access, theft, or loss. The company's Google Drive account is password-protected. Paper files are secured in a locked file cabinet. Only the business owner and 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. 

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

Disposal of Files: 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. 

Client File Retention: The company will retain these files for a period of up to 1 year from the date of creation or receipt, unless otherwise specified by applicable legal or regulatory requirements. After the 1-year period, the company reserves the right to dispose of the files. After the company has disposed of files, no recovery shall be available. 

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

Client Confidentiality

• The relationship between the client and their therapist is bound by confidentiality within the scope of a professional business relationship, but it is not considered a legally confidential relationship.

• BodyKinesisLLC will not disclose the client's name as a reference without their consent. 

• Confidential information does not include information that: 

• was already known to BodyKinesisLLC before being shared by the client; 

• is generally known to the public or in the industry; 

• BodyKinesisLLC is required by law to disclose. 

Releases & Limitations of Liability

1 Maximum Damages — By working with BodyKinesisLLC, the client agrees that the maximum amount of damages the client is entitled to in any claim relating to this Agreement or Services provided under this Agreement does not exceed the Total Cost of Services provided by BodyKinesisLLC, past, present, or occurrence type.

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: bodykinesisllc@gmail.com

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.

Waiver and Arbitration

In further consideration of being permitted to participate in any of the services, classes, programs, workshops, courses, and events at BodyKinesisLLC, you hereby waive release and forever discharge The BodyKinesisLLC and its directors, managers, 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 BodyKinesisLLC. 

• You knowingly, voluntarily, and expressly waive any claim you may have against BodyKinesisLLC 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 BodyKinesisLLC, 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 BodyKinesisLLC 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 Florida, and the county laws of govern all matters arising out of, or relating to, this Agreement, including torts.