MASTER SERVICES AGREEMENT & LIABILITY WAIVER

For All Service Flows (A, B, C)

Version 1.2 | Updated 04-22-26

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TABLE OF CONTENTS

 

SECTION 1: TERMS OF SERVICE & CLIENT AGREEMENT

1.1 Purpose of Services & No Guarantee of Results
1.2 Standards of Conduct
1.3 Scheduling Policies
1.4 Professional Relationship & Boundaries
1.5 Billing & Payment
1.6 Cancellation Policy
1.7 Rescheduling Policy
1.8 Failed Payments & Remediation
1.9 Termination
1.10 Refund Policy
1.11 Client-Provider & Support Communications
1.12 Communication Consent & Preferences
1.13 Social Media & Connection Policy
1.14 In the Community
1.15 Electronic Communication Limitations

 

SECTION 2: MEDICAL DISCLAIMERS & SCOPE OF PRACTICE

2.1 What Services Are NOT & Scope of Practice
2.2 Trauma-Informed Care & Realistic Scope
2.3 No Substitute for Medical Care
2.4 Assumption of Benefits & Risks
2.5 Medical History Disclosure & Warrant of Fitness
2.6 In Case of Injury or Emergency
2.7 Professional Code of Conduct

 

SECTION 3: DATA PRIVACY, USAGE & MANAGEMENT

3.1 Overview of Data Privacy & Confidentiality
3.2 Client Confidentiality
3.3 HIPAA Privacy Overview
3.4 Use of AI-Integrated & AI-Assisted Software
3.5 Notice of Recording & Permitted Uses
3.6 Data Storage, Security & Access Controls
3.7 Client Portal Platform (Kajabi)
3.8 Internal Operations & Communications
3.9 Data Retention & Deletion
3.10 Your Rights Regarding Your Data
3.11 Sharing Records with Other Providers
3.12 Mandatory Reporting & Legal Exceptions
3.13 Acceptable Use of Recordings
3.14 No Compensation for Recording Use
3.15 Release of Recording-Related Claims

 

SECTION 4: CLIENT COMMUNICATIONS

4.1 Client-Provider & Support Communications
4.2 Communication Consent & Preferences

 

SECTION 5: LEGAL DISCLAIMERS, LIABILITY RELEASE & WAIVER

5.1 Medical Disclaimers
5.2 No Guarantee of Results
5.3 Releases & Limitations of Liability
5.4 Personal Responsibility & Informed Consent
5.5 Waiver & Release of Liability
5.6 Alternative Dispute Resolution
5.7 California Civil Code Section 1542 Waiver
5.8 Entire Agreement & Modifications

 

SECTION 6: RELATED POLICIES & RESOURCES; QUESTIONS OR CONCERNS

 

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SECTION 1: TERMS OF SERVICE & CLIENT AGREEMENT

1.1 Purpose of Services & No Guarantee of Results

The Body Intuitive provides therapeutic services across three service flows:

• Flow A: Comprehensive somatic therapy, bodywork, massage, yoga therapy, mobility coaching, health coaching, and related services
• Flow B: Bodywork, massage, and sports recovery services
• Flow C: Sports recovery services only

This Master Agreement applies to all service flows. Each service flow has a corresponding Service-Specific Agreement that details flow-specific terms, policies, consent requirements, and scheduling details. By enrolling in services, you are agreeing to both this Master Agreement and your Service-Specific Agreement.

The purpose of these services collectively is to:

• Improve mobility, posture, and musculoskeletal balance
• Decrease chronic pain, tension, and inflammation
• Balance energy and nervous system function
• Increase self-awareness, body awareness, and interoception
• Support emotional regulation and relational wellness
• Educate on holistic healthcare and self-care practices

Important: Because services are highly personalized and results depend on your participation, compliance, and individual variables, results vary and cannot be guaranteed. The Body Intuitive makes no warranties or guarantees of any particular result or outcome.

1.2 Standards of Conduct. All clients agree to the following standards during sessions and interactions with The Body Intuitive:

• Arrive on time and be fully present during sessions
• Refrain from using cell phones during sessions (except emergencies or authorized learning use)
• Take ownership of your well-being, decisions, choices, actions, and results
• Communicate with integrity about your needs, boundaries, and comfort level
• Stay alert to signals your body is giving you and communicate immediately during sessions
• Treat your provider with respect and professionalism
• Always maintain professional and ethical behavior

1.3 Scheduling Policies.

1.3.1 Consistency & Regular Sessions: Consistency supports better results. You are expected to attend all scheduled appointments.

1.3.2 Late Arrivals: If you arrive late, you may lose session time. Your session will end at the scheduled time and will be charged in full.

1.3.3 Missed Sessions: Missed sessions will be decremented from your active package or charged to your card on file, regardless of your typical form of payment.

1.3.4 No-Show Policy (10-Minute Window): If you do not arrive within 10 minutes of your scheduled session time, your session is considered a no-show and is forfeited. No refunds or credits are provided. The session will be charged in full and decremented from your active package (if applicable).

1.3.5 Provider Cancellations: In the rare or exceptional circumstance that your provider must cancel your session with less than 24 hours' notice, you will not be charged and your session will be rescheduled free of charge (package expiration automatically extended if applicable).

1.3.6 Service Expiration: Schedule all appointments before the service expiration date. Expired services are forfeited and non-refundable.

1.3.7 How to Schedule:

• Online: https://thebodyintuitive.as.me/
• Phone/Text (preferred): 480-999-6087 (9am–9pm US/Pacific)
• In-person or online sessions available depending on location and service flow

1.3.8 First-Come, First-Served: Sessions are scheduled on a first-come, first-served basis.

1.3.9 Health Protocols: The Body Intuitive reserves the right to request appointments be rescheduled or delayed due to provider or client illness, or to comply with local, state, and federal health protocols.

1.4 Professional Relationship & Boundaries

The therapeutic relationship is professional and must maintain clear boundaries:

• Always maintain professional and ethical behavior with your provider
• Romantic or intimate relationships between client and provider are strictly prohibited
• Your provider has the right to terminate the session and client relationship at any time
• Sexual advances, inappropriate comments, or harassing behavior are not tolerated and will result in immediate termination
• All touch is professional and clinical in nature
• Therapeutic touch is offered when necessary, appropriate, and relevant to your treatment plan
• If boundaries are violated, your provider may terminate the session immediately and end the treatment relationship

1.5 Billing & Payment

1.5.1 Prepayment Required: Prepayment and/or a valid debit/credit card on file is required to secure an appointment.

1.5.2 Autopay Contracts: Credit card information must be on file for autopay contracts.

1.5.3 Security: Your billing information is protected and all sensitive information is encrypted.

1.5.4 Receipts: Receipts are automatically sent after each charge.

1.5.5 Billing Support: Questions or disputes regarding billing can be directed to support@thebodyintuitive.com

1.5.6 Fees & Additional Services: The Provider may charge the hourly session fee on a prorated basis for professional services provided in addition to regularly scheduled sessions (written reports, phone consultations over 10 minutes, authorized meeting attendance, or other professional services).

1.5.7 Annual Fee Increases: Each calendar year, the session fee may be increased by up to 10% of the existing fee. You will be notified of any increases at least 2 months prior to the effective date.

1.6 Cancellation Policy

1.6.1 24-Hour Notice Required: 24 hours' notice is strictly required to reschedule or cancel a session.

1.6.2 Full Charge for Late Cancellations: The full session amount is charged for missed meetings or cancellations made within 24 hours.

1.6.3 No Refunds or Credits: No refunds or session credits are provided for cancellations made within 24 hours.

1.6.4 Package Deductions: For clients on packages, cancellations or no-shows within 24 hours are considered forfeited and decremented from the package total.

1.6.5 No Package Extension: Your package expiration date will not be extended for cancellations or no-shows within 24 hours.

1.6.6 Retreat/Event Fees: Travel/location fees for retreats or events are non-refundable and cannot be applied to future sessions. However, the retreat or event itself may be rescheduled with at least 24 hours' notice.

1.7 Rescheduling Policy

1.7.1 Reschedule Within 24 Hours: Reschedule before the 24-hour cancellation window to avoid fees and deductions.

1.7.2 Availability: Effort will be made to reschedule missed sessions, but availability is not guaranteed.

1.7.3 Your Responsibility: It is your responsibility to reschedule before your service package expires.

1.7.4 Rescheduling Limit: Individual sessions can be rescheduled up to three times before they are considered forfeited.

1.8 Failed Payments & Remediation

1.8.1 Failed Payments: If your payment fails and cannot be remediated within 3 days of the payment due date, the provider or authorized staff may cancel your services.

1.8.2 Installment Plans: If you are on an installment plan, the remainder of the balance becomes immediately due.

1.8.3 Collection & Legal Remedies: The Company reserves the right to pursue collection or legal remedies for unpaid balances.

1.9 Termination.

1.9.1 Either Party May Terminate: Either you or The Body Intuitive can terminate any session, package, or treatment relationship with verbal or written notice.

1.9.2 Financial Provisions Apply: Financial provisions and restrictions of your package still apply even if either party chooses to cancel services.

1.9.3 Non-Refundable Packages: Partially completed packages or treatment plans are non-refundable, regardless of reason for termination.

1.10 Refund Policy.

1.10.1 No Refunds: NO refunds are provided due to the personalized nature of services.

1.10.2 Service Credits: Credit equal to the original service type may be given at the discretion of The Company for individual sessions canceled 24 hours or more in advance.

1.10.3 Package Cancellations: Treatment packages can be canceled but will not be refunded.

1.10.4 Partial Services: No refunds are provided for partially completed sessions or packages.

1.11 Client-Provider & Support Communications.

1.11.1 Support Email (Non-Private & Non-Urgent): support@thebodyintuitive.com — Use for scheduling, appointment questions, and general service inquiries. Note: Email and text are not considered private or secure methods for sensitive data.

1.11.2 Provider Email (Private, Non-Sensitive Matters): missy@thebodyintuitive.com — Use for questions pertaining to your treatment or individual sessions. Note: Email is not considered private or secure for sensitive health information.

1.11.3 Business Phone/Text (For Additional Support): 480-999-6087 (9am–9pm US/Pacific). Closed Sundays, Thursdays, and holidays. Occasionally closed for client immersions or travel.

1.11.4 Kajabi Portal (Secure Private Channel): The Kajabi portal is a private, password-protected communication channel for session-related messages and updates. Note: Community forums or public chats within Kajabi are NOT private

1.12 Communication Consent & Preferences.

1.12.1 Communication Methods: The Body Intuitive communicates via email, text message, and phone call for scheduling, transactional information, client portal notices, and therapeutic support.

1.12.2 Your Responsibility: It is your responsibility to provide notice of any change in your communication preferences.

1.13 Social Media & Connection Policy.

1.13.1 Social Media Connections: Your provider may accept friend or contact requests from current or former clients on social networking sites (Instagram, LinkedIn, etc.). Your provider will not initiate a request.

1.13.2 Important Privacy Note: Adding your provider as a friend on social media can compromise your confidentiality and privacy. All information, activities, and interactions on social media may be considered public and outside the realm of confidentiality. It may also blur the boundaries of our professional relationship.

1.13.3 Confidentiality Disclaimer: The Body Intuitive and your provider cannot protect your confidentiality on third-party platforms.

1.14 In the Community. If you encounter your provider outside of a session, studio, or private therapeutic context, your provider will not acknowledge you first. Your privacy and confidentiality are paramount. If you choose to acknowledge your provider, they will be happy to speak briefly, but lengthy discussions in public are not appropriate.

1.15 Electronic Communication Limitations.

1.15.1 Confidentiality of Electronic Communications: Your provider cannot ensure the confidentiality of any form of communication through electronic media outside of the secure messaging platforms designated for such use.

1.15.2 Response Time: While your provider will try to return messages within one business day or 24 hours, they cannot guarantee immediate response.

1.15.3 Secure vs. Unsecure Messaging: Do not use unsecure messaging (email, text) for therapeutic content or discussion, or emergency assistance requests. Use the private client portal for confidential or therapeutic content, including Personal Health Information (PHI).

 

 

SECTION 2: MEDICAL DISCLAIMERS & SCOPE OF PRACTICE

2.1 What Services Are NOT & Scope of Practice. You understand and expressly acknowledge that:

Not Medical Services or Licensed Healthcare:

• The Company does NOT provide medical diagnosis or medical treatment
• The Company does NOT prescribe medications
• The Company does NOT perform physical therapy (PT) or occupational therapy (OT) as licensed healthcare services
• The Company does NOT provide nutrition therapy or medical nutrition counseling
• Services are NOT a substitute for care from a licensed physician, MD, DO, or other licensed medical provider
• The Provider is NOT a physician or licensed medical professional

Not Mental Health Treatment:

• The Company does NOT provide psychotherapy, counseling, or psychiatric services
• The Company does NOT provide psychological assessment or diagnosis
• The Company does NOT treat mental illness, psychiatric disorders, or psychological conditions
• Somatic therapy, trauma-informed work, or trauma-informed practices refer solely to body-based, educational, experiential, and nervous-system-supportive services provided within scope of practice
• The Provider is NOT a licensed therapist (LCSW, LMFT, psychologist, or psychiatrist)

Provider Credentials & Scope: Services are limited to the expertise and credentials of your provider. For current credentials, certifications, and licenses, visit: https://www.thebodyintuitive.com/about

Scope of Services Offered:

• Therapeutic massage and rehabilitative mobility
• Somatic bodywork and trauma-informed touch
• Breathwork, meditation, and nervous system regulation
• Clinical yoga therapy and movement guidance
• Health coaching and relational/communication coaching
• Energy work (Reiki)
• Sports recovery support (compression, sauna, recovery protocols)
• Educational content on holistic wellness and self-care

Referrals for Out-of-Scope Conditions: If a client has a condition outside our scope or requires care from a licensed medical or mental health provider, we will refer them to the appropriate professional. The Body Intuitive may provide recommendations and referrals to third-party health and wellness providers at our discretion, but we are not liable for any care provided by these parties. You assume responsibility to recognize when third-party care is necessary and to seek it out.

2.2 Trauma-Informed Care & Realistic Scope. The Body Intuitive treats clients with trauma-related diagnoses and provides trauma-informed services. We want to be transparent about our scope and limitations:

What We Offer within Scope of Practice:

• Body-based, educational, experiential, and nervous-system-supportive services
• Hands-on or assisted stretching, gentle pressure, massage, or myofascial techniques
• Guided movement, posture, and breathwork
• Grounding or resourcing touch (e.g., hand on shoulder or back)
• Nervous system-supportive exercises and education on regulation techniques
• Professional skill in noticing signs of overwhelm, dissociation, or distress and guidance in pausing, slowing down, or stopping work immediately if your provider observes distress signs
• Clear communication about what we're doing and why; and offering the option to modify, pause, or end any technique at any time

2.3 No Substitute for Medical Care. You understand that massage therapy, bodywork, somatic therapy, and other services provided by The Body Intuitive are NOT a substitute for medical treatment or medications. While highly recommended, you may be required to work concurrently with your primary care provider for any condition you have. You are aware that The Body Intuitive and its Providers do NOT:

• Diagnose physical or mental illness or disease
• Prescribe medications
• Perform spinal manipulations (as in chiropractic work)

If you are currently in therapy or under the care of another licensed professional, you must consult with your current provider regarding the advisability of procuring services with The Body Intuitive.

2.4 Assumption of Benefits & Risks.

Potential Benefits:

• Reduced pain, tension, and stress
• Improved sleep, mood, and energy
• Increased body awareness and sense of safety
• Greater clarity around needs, limits, and boundaries
• Increased capacity for presence, regulation, and connection
• Improved mobility and functional movement
• Enhanced relational skills and communication
• Reduced anxiety and improved nervous system resilience

Potential Risks & Discomforts:

Physical:

• Temporary soreness, fatigue, or muscle strain
• Mild bruising or sensitivity to touch
• Temporary stiffness (especially after first few sessions)
• Dizziness or lightheadedness (particularly after breathwork or sauna)
• Temporary exacerbation of existing symptoms

Emotional & Somatic:

• Emotional activation (sadness, anger, fear, numbness, grief)
• Memories or sensations from past experiences surfacing
• Strong somatic sensations (tingling, heat, cold, pressure)
• Feelings of vulnerability or emotional intensity
• Temporary overwhelm if pacing exceeds your capacity
• Temporary nervous system activation or dysregulation

Important Context: These responses are NOT inherently harmful but may feel intense, uncomfortable, or unfamiliar. We cannot guarantee to preempt or prevent every possible trauma trigger—triggers are highly individual and unpredictable. Somatic work can surface intense emotions, memories, or distress. This is often part of the healing process, but we stay within our scope of practice in supporting you. Our scope includes resourcing, grounding techniques, pausing sessions, and referring you to appropriate licensed mental health providers when your needs go beyond our scope of practice. You are NOT required to "push through" discomfort.

2.5 Medical History Disclosure & Warrant of Fitness. You represent and warrant that:

• You are physically and mentally capable of participating in services
• You have disclosed all relevant medical conditions, injuries, limitations, or concerns to your provider
• You have consulted with your physician before participating in services (or understand that you are responsible for doing so)
• You will immediately inform your provider of pain, discomfort, or distress during sessions
• You are responsible for your own well-being, decisions, actions, and results, both during and after sessions

Contraindications — I confirm I do NOT have any of the following without medical clearance:

1. Uncontrolled high blood pressure or heart conditions
2. Recent surgery or acute injuries
3. Severe osteoporosis or bone fragility
4. Pregnancy (unless cleared by my healthcare provider)
5. Active infection or contagious illness
6. Severe psychiatric or medical instability
7. Conditions that would be exacerbated by physical movement or emotional activation

If you have ANY of these conditions or are unsure, you must consult with your physician before signing this agreement.

2.6 In Case of Injury or Emergency. The Body Intuitive is NOT an emergency or crisis service. If you have an acute medical emergency, psychiatric crisis, thoughts of harming yourself or others, or need emergency care:

• Contact your primary care physician or insurance plan
• Visit your local urgent care or hospital
• Dial 911 for emergencies
• Contact the National Suicide Prevention Line: 988
• Seek independent professional guidance for emergency or acute health matters

The Body Intuitive does not provide 24/7 availability and cannot guarantee immediate response outside of scheduled sessions. Services are not a substitute for professional advice from qualified professionals.

2.7 Professional Code of Conduct. The Body Intuitive LLC voluntarily adheres to the recommended competencies, training, ethics, and standards of behavior set forth by the Associated Bodywork & Massage Professionals (ABMP). For more information: https://www.abmp.com/abmp-code-ethics

 

SECTION 3: DATA PRIVACY, USAGE & MANAGEMENT

3.1 Overview of Data Privacy & Confidentiality. The Company is committed to protecting the confidentiality, integrity, and security of your information while facilitating the delivery of high-quality services. We use secure, HIPAA-aligned platforms to manage scheduling, documentation, recordings, and client portals. Client information is handled in accordance with applicable federal and California privacy laws, professional standards, and ethical obligations.

3.2 Client Confidentiality. The relationship between you and your provider is confidential within the scope of a professional business relationship, but it is NOT a legally privileged or legally confidential relationship in the same manner as psychotherapy, medical, or attorney-client relationships. The Body Intuitive will NOT disclose your name or identifying information as a reference without your written consent. Important: Under California law, The Provider is a mandated reporter and MUST report suspected child abuse, elder abuse, dependent adult abuse, or threats of imminent harm to self or others. These legal obligations override professional confidentiality.

3.3 HIPAA Privacy Overview. HIPAA (the Health Insurance Portability and Accountability Act) is a federal law that protects certain medical and health information. Protected Health Information ("PHI") may include identifiable information related to your health, treatment, and payment for services. The Company uses reasonable administrative, physical, and technical safeguards to protect PHI and electronic health information ("ePHI"). Questions regarding privacy practices or health information rights: support@thebodyintuitive.com

3.4 Use of AI-Integrated & AI-Assisted Software. The Company uses HIPAA-aligned, AI-assisted software platforms to support documentation, continuity of care, and quality of services. These platforms may include Acuity (Squarespace), Upheal, Zoom, Dropbox, and Kajabi.

AI-assisted tools are used to:

• Generate session notes, summaries, and transcripts
• Support provider accuracy and presence during sessions
• Enhance continuity of care and internal quality assurance

Use of AI-assisted systems for documentation is a core component of service delivery for Flow A and Flow B services. (Flow C services do not use AI-assisted documentation.)

3.5 Notice of Recording & Permitted Uses

Important Distinction:

1. Internal clinical recordings = used to support your care and stored securely (REQUIRED)
2. External marketing or testimonial use = requires separate, optional consent (OPTIONAL)

Consent to audio-only internal clinical recording for Flow A & B services is REQUIRED to receive services. Consent to marketing or testimonial use is entirely OPTIONAL and declining does NOT affect your access to care.

3.5.1 Recording by Service Flow

Flow A Only – Video Recordings (Optional):

• Video recordings may be made for instructional purposes, postural analysis, corrective feedback, and home exercise programming
• Video helps Provider assess your alignment, movement quality, breathing patterns, and responsiveness
• Recordings are used to create personalized practices for home use

Flow A & B — Audio-Only Recording (REQUIRED)

• Audio recordings are made for clinical documentation and treatment planning

Flow C — No Recording:

• Flow C (Sports Recovery Services) sessions are NOT recorded
• No audio or video recordings are made for compression therapy or infrared sauna sessions

Other Services and Recording: Recording beyond standard modality practices as outlined above will only occur with clear explanation; and with your prior and specific consent.

3.5.2 California Recording Consent (All-Party Consent). California law generally requires the consent of all parties to record a confidential communication. By signing your Service-Specific Agreement, you provide your express consent to the recording of your sessions and related communications (for Flow A & B only; Flow C is not recorded), whether conducted in-person or online, to the maximum extent permitted by law.

Consent is provided:

• In advance (before services begin)
• Knowingly (with full understanding)
• Voluntarily (without coercion)

This consent applies to any recording occurring during a session unless expressly stated otherwise in writing.

3.5.3 Permitted Uses of Recordings (Flow A & B Only). By participating in services, you consent to recording and AI processing of session data (which may include your voice, image, likeness, movements, or statements) for the following purposes:

1. Clinical Care (REQUIRED)

• Session documentation and detailed notes
• Treatment planning and progress tracking
• Creation of personalized practice materials and home exercise programs
• Continuity of care if you work with multiple providers
• Client reference and review of techniques

2. Service Improvement (REQUIRED)

• Internal quality assurance and clinical review
• Provider training and professional development
• Service refinement and program improvement
• Outcome tracking and effectiveness measurement

3. Testimonials or Marketing (OPTIONAL — Separate Consent)

• Only if you separately consent in your Service-Specific Waiver
• Use in advertising, websites, social media, or promotional materials
• Requires your specific written consent; you may decline

The Company retains ownership of all internal recordings and related materials, subject to the permissions and limitations of this Agreement and applicable law.

3.5.4 AI-Assisted Client Charts, Notes & Inaccuracies. AI-assisted transcripts, summaries, and notes are reviewed as a courtesy but may contain inaccuracies.

Important limitations:

• No guarantee of accuracy—AI tools sometimes make errors
• Company assumes no responsibility for errors, omissions, or misinterpretations
• You may request reviews and/or corrections if notes are inaccurate

To the maximum extent permitted by law, the Company does not guarantee accuracy of AI-generated content. If you notice inaccuracies in your chart notes, please contact support@thebodyintuitive.com with requests for reviews and/or corrections.

3.6 Data Storage, Security & Access Controls. Client data is stored using secure, password-protected, cloud-based platforms:

• Acuity (scheduling and basic client info)
• Upheal (telehealth sessions and recordings for Flow A & B)
• Zoom (video recordings with HIPAA compliance for Flow A & B)
• Dropbox (secure file storage and archiving)
• Kajabi (client portal and digital products)

Each client is assigned a private Dropbox folder containing:

• Intake documentation and health screening forms
• Photos and files you provide
• Session recordings and transcripts (Flow A & B only; not Flow C)
• Case notes and treatment summaries
• Session history and progress notes
• Personalized practice materials and home programs

Access to your data is restricted to:

• The business owner
• You (the client) with secure login
• Authorized operations or support staff (only as needed for service delivery)
• Staff who are bound by professional confidentiality agreements.

3.7 Client Portal Platform (Kajabi). The Company uses Kajabi as its client portal platform.

Your individual client portal:

• Is password-protected; you are responsible for maintaining confidentiality of your login
• Contains your communications, assignments, and course materials
• Is private and viewable only by you and Company staff

Public areas within Kajabi (community forums, group chats, comments on courses):

• May be viewable by Company staff and other purchasers of that digital product
• Are NOT private
• Should be treated as public even if not completely open to the general internet

For as long as The Company utilizes Kajabi, your portal data will be maintained by the Company.

3.8 Internal Operations & Communications. The Company may use secure, password-protected internal tools (such as Loom and ClickUp) to:

• Coordinate services and support operations
• Manage scheduling and client communication
• Share clinical notes and treatment planning

Information shared internally is:

• Treated as confidential
• Used solely to support service delivery
• Bound by professional confidentiality standards and (sub)contractor agreements

3.9 Data Retention & Deletion. Client records are retained for up to FIVE (5) YEARS from the date of creation or receipt, unless a longer period is required by law. You may request deletion of your files at any time by emailing support@thebodyintuitive.com, subject to:

• Legal and clinical record-keeping requirements
• Compliance with HIPAA record retention rules
• Ongoing treatment needs (records may not be deleted during active treatment)

If the Company schedules files for removal:

• You will receive at least 30 calendar days' written notice
• After files are disposed of, recovery may not be possible

The Company reserves the right to remove client files from its systems after the retention period expires.

3.10 Your Rights Regarding Your Data. You have the right to:

• Request access to your records and request a secure folder link (third-party platform fees may apply)
• Request information about how your data is stored and used
• Request deletion of recordings or files, subject to legal and clinical requirements
• Request amendments to inaccurate information in your records
• Request a privacy accounting of disclosures made
• File a complaint with the HHS Office for Civil Rights if you believe your privacy rights have been violated

Requests related to this section must be submitted in writing to: support@thebodyintuitive.com

3.11 Sharing Records with Other Providers. You may request the Company to share your records or Dropbox folder link at any time during or after the relationship for purposes such as providing case history to another provider or coordinating care. A signed Release of Information waiver is required before any client records are shared with third parties. Requests to share records should be emailed to support@thebodyintuitive.com or directed to your provider. Note: If you request access to your private Dropbox folder, the software may require a subscription fee to download all files. The Company will not be held liable for covering this fee.

3.12 Mandatory Reporting & Legal Exceptions. While the Company maintains professional confidentiality, certain disclosures are REQUIRED BY LAW. The Provider is a MANDATED REPORTER and must report suspected:

• Child abuse (physical abuse, sexual abuse, neglect of minors)
• Elder abuse (abuse of persons 65+)
• Dependent adult abuse (abuse of adults 18-64 with disabilities)
• Threats of imminent harm to self (suicidal ideation with intent/plan) or others (homicidal ideation with intent/plan)
• Child sexual abuse material (CSAM) production or distribution

These legally mandated disclosures override confidentiality and cannot be withheld.

The Company will:

• Make reports to appropriate authorities (law enforcement, child protective services, adult protective services)
• Notify you (when legally permissible) that a report has been made
• Document the report in your clinical record

These are legal obligations, not breaches of confidentiality.

3.13 Acceptable Use of Recordings (Flow A & B Services Only). Recordings provided to clients are intended to be used for PERSONAL AND EDUCATIONAL USE ONLY, including:

• Personal education and learning
• Personal practice and reference
• Reminder of techniques discussed
• Guidance for home practice

Clients may NOT:

• Sell, publish, distribute, or share recordings with others
• Use recordings for commercial or public purposes
• Post recordings on social media or public platforms
• Share recordings with family, friends, or others without written permission
• Create derivative works or compilations
• Use recordings for training other practitioners without permission

Violation of acceptable use may result in termination of services and/or legal action.

3.14 No Compensation for Recording Use. You understand and agree that:

• You will receive NO monetary compensation for recordings or their permitted use
• Your benefit is limited to personal access to your own session materials
• The Company retains all rights to internal recordings and derivatives created for quality assurance or training

3.15 Release of Recording-Related Claims. To the maximum extent permitted by California law, you release The Body Intuitive from claims related to permitted recording use under this Agreement, including:

• Claims for invasion of privacy
• Claims for violation of publicity rights
• Claims for unauthorized use of image, voice, or likeness

This release does NOT apply to:

• Gross negligence
• Willful or reckless misconduct
• Violations of law
• Uses beyond the scope of permitted recording (e.g., marketing use without your consent)

 

 

 

 

SECTION 4: CLIENT COMMUNICATIONS

4.1 Client-Provider & Support Communications

4.1.1 Support Email (Non-Private & Non-Urgent): support@thebodyintuitive.com — Use for scheduling, appointment questions, and general service inquiries. Note: Email and text are not considered private or secure methods for sensitive data.

4.1.2 Provider Email (Private, Non-Sensitive Matters): missy@thebodyintuitive.com — Use for questions pertaining to your treatment or individual sessions. Note: Email is not considered private or secure for sensitive health information.

4.1.3 Business Phone/Text (For Additional Support): 480-999-6087 (9am–9pm US/Pacific). Closed Sundays, Thursdays, and holidays. Occasionally closed for client immersions or travel.

4.1.4 Kajabi Portal (Secure Private Channel): The Kajabi portal is a private, password-protected communication channel for session-related messages and updates. Note: Community forums or public chats within Kajabi are NOT private.

 

SECTION 5: LEGAL DISCLAIMERS, LIABILITY RELEASE & WAIVER

5.1 Medical Disclaimers

The services provided by The Body Intuitive are NOT medical advice, medical treatment, diagnosis, or psychotherapy. Massage therapy, bodywork, and other services are NOT substitutes for medical care, mental health treatment, or other licensed healthcare services.

If you are experiencing a medical or mental health emergency:

• Contact emergency services (911)
• Call your physician
• Contact a mental health crisis line immediately

The Body Intuitive does NOT:

• Diagnose, treat, cure, or prevent any disease or medical condition
• Substitute for professional medical or mental health care

While massage therapy and bodywork may support wellness and nervous system regulation, they are NOT alternatives to professional medical or mental health care.

5.2 No Guarantee of Results. The Body Intuitive makes no warranty or guarantee regarding any specific results, outcomes, or benefits of services provided. Results vary widely and are not guaranteed. You may experience some, all, or none of the potential benefits described in this Agreement.

5.3 Releases & Limitations of Liability

5.3.1 Maximum Damages: By signing your Service-Specific Agreement, you agree that the maximum amount of damages you are entitled to in any claim relating to this Agreement or Services are not to exceed the Total Cost of Services provided by The Body Intuitive in the twelve (12) months preceding the claim, unless otherwise required by law.

5.3.2 Statute of Limitations: If you wish to pursue legal action arising out of or related to this Agreement, the claim must be filed on or before one (1) year after the date of signature or the commencement of the first client appointment, whichever is sooner. After this period, your right to legal action is barred.

5.3.3 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding relating to this Agreement shall be brought exclusively in the state or federal courts located in San Diego County, California.

5.3.4 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 support@thebodyintuitive.com

5.3.5 Force Majeure: 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. This includes natural disasters (fires, explosions, earthquakes, hurricanes, flooding, storms, or infestations), war, embargo, or other hostility, 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).

5.4 Personal Responsibility & Informed Consent

You agree to:

• Fully disclose all known physical conditions, injuries, medical diagnoses, medications, allergies, and relevant health information to your provider
• Keep your provider updated on any changes to your health or circumstances before each session
• Immediately inform your provider of any pain, discomfort, or concern during a session
• Communicate your boundaries and limits clearly using direct communication
• Take full responsibility for your own actions, limitations, and well-being
• Maintain ultimate responsibility for any pain, discomfort, or adverse effects you experience during or after a session

5.5 Waiver & Release of Liability

5.5.1 General Release: In further consideration of being permitted to participate in any of the services, classes, programs, workshops, courses, and events at The Body Intuitive LLC, I 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.

5.5.2 Negligence Release: I also release all of those mentioned, and any others acting on The Body Intuitive's behalf, from any responsibility or liability for any injury or damages to myself, 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 my participation in any activities of The Body Intuitive LLC.

5.5.3 Express Waiver of Claims: I knowingly, voluntarily, and expressly waive any claim I may have against The Body Intuitive and its owners, contractors, and employees for injuries or damages that I may sustain as a result of participating in a program, event, course, session, or service of any type.

5.5.4 Release of Family Members: Furthermore, I agree to irrevocably release from all liability and waive any claims that I have now or may hereafter have against The Body Intuitive LLC, its family members, or any relatives for any and all personal injury, death, property damage, or loss of any kind sustained as a result of my participation in services.

5.5.5 California Law Limitation: To the maximum extent permitted by California law, I hereby release, waive, and discharge The Body Intuitive, including its owners, officers, employees, contractors, agents, and representatives, from liability for injuries, damages, or losses arising out of or related to my participation in services. California law limits the enforceability of certain liability waivers; this release is interpreted to provide the maximum protection permitted by California law.

5.6 Alternative Dispute Resolution. 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. Both parties agree to engage in good faith efforts to resolve disputes through mediation before pursuing litigation.

5.7 California Civil Code Section 1542 Waiver. I acknowledge that I have read and understand Section 1542 of the California Civil Code, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." I expressly waive and relinquish any rights or benefits under Section 1542 and any similar law of any jurisdiction with respect to the release of claims set forth in this agreement. This waiver applies to BOTH known and unknown claims arising from participation in services provided by The Body Intuitive, to the fullest extent permitted by law.

5.8 Entire Agreement & Modifications. This Agreement represents the entire agreement between The Body Intuitive and yourself regarding this subject matter and supersedes all prior negotiations, representations, or agreements. Any disputes relating to this Agreement will be resolved in the state or federal courts within San Diego 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).

 

 

SECTION 6: RELATED POLICIES & RESOURCES

For complete information, please review:

• Informed Consent Policy: thebodyintuitive.com/informedconsent
• HIPAA Notice of Privacy Practices: thebodyintuitive.com/hipaa
• Telehealth Policy: thebodyintuitive.com/telehealth
• Service-Specific Agreements: Your Flow A, B, or C agreement (sent for electronic signature via Dropbox Sign)

 

QUESTIONS OR CONCERNS

The Body Intuitive
Email: support@thebodyintuitive.com
Phone: 480-999-6087 (9am–9pm US/Pacific)
Hours: Closed Sundays, Thursdays, and holidays

 

{END OF MASTER SERVICE AGREEMENT – ELECTRONIC SIGNATURE REQUEST FOR FLOW A, B, or C SERVICES TO BE EMAILED VIA DROPBOX SIGN UPON PURCHASE OF SERVICES}

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