Welcome to Lovely Day Myofascial Release! This Terms and Conditions document (“Agreement”) serves to inform you of our policies and procedures and the terms and conditions of your use of and purchase of our services. It is a legally binding agreement, so please read closely and make sure you ask us if you have any questions. Throughout this Agreement, we may refer to you as the client receiving treatment (“you” or “You”), while “us” or “we” refers to Lovely Day Myofascial Release. We also abbreviate myofascial release as “MFR” throughout this Agreement. “Services” refers to all MFR sessions purchased by you from us.

I. TIME MANAGEMENT

You understand and agree that all sessions begin and end at their scheduled time. Any sessions that begin late due to your late arrival will still end at the scheduled time. No reductions in price for shortened sessions will be made.

Appointment Cancellations and Rescheduling

Late arrival, Cancellation Policy and Online Booking Rules:

• New client appointments booked online require prepayment in full.

• Returning clients will be required to keep a card on file.

• Your appointment time(s) are reserved specifically for you. If you cancel a session with less than 24 hours notice for any other reason than family emergency or sudden illness you will be charged 50% of the price of the session booked.

• If you do not show for a scheduled appointment, you will still be charged the full price of the session. If you have prepaid for the session, you will not be refunded.

All appointments will end at their scheduled time whether or not they started on time. Please do your best to arrive on time to your scheduled appointment to get the full benefit of your therapy. It is our goal to provide the best service possible to you and all of our clients. With respect to that, if you must cancel or reschedule, please let us know immediately at 352-293- 4511 or info@lovelydaymfr.com If you have symptoms of an active infection (e.g. sore throat, cough, fever), please notify us as soon as possible to reschedule.

II. DUTIES AND RESPONSIBILITIES

1. We agree to communicate with you honestly and as promptly as reasonably possible. If you have questions, you may reach us at 352-293-4511 and we will do our best to respond within 24 hours during the work week, and on the next business day following the weekend, if your message is received after hours on a Friday.

2. You agree to communicate with us honestly and promptly, and provide a full and complete health history and intake, as well as notify us promptly of any health updates or changes.

3. You understand that any illicit or suggestive remarks or advances made by you will result in immediate termination of the session, and you will be liable for full payment of the scheduled appointment.

III. INFORMED CONSENT

• You understand and agree MFR is not medical advice and is not intended to diagnose, treat, cure, or prevent any health problem, nor is it intended to replace the advice of your physician or appropriate medical professional.

• You agree that you do not have any injuries or conditions that would prevent you from receiving MFR Services, nor have you been told by a medical provider that you should not receive MFR.

• You understand that if you experience any pain or discomfort during an MFR session, you will immediately inform your MFR therapist.

• You understand and agree that we reserve the right to decline to treat, discontinue, or restrict Services based on any information you provide or any changed health circumstance that could put your health or the MFR therapist’s health at risk.

• You understand and agree that your MFR therapist does not prescribe medical treatment or pharmaceuticals, nor does your therapist perform any spinal or skeletal manipulations.

• You should consult with your physician to determine whether you are healthy enough to participate. You remain responsible for managing any pre-existing medical conditions.

• You understand that Services involve physical touch. Your MFR therapist will use reasonable care in providing Services, but you understand there are risks involved with physical touch including skin irritation, bruising, soreness, and emotional release.

• You agree that you have been given the opportunity to learn about MFR, its benefits and risks and contraindications, and ask any questions of your therapist prior to treatment.

• You understand and agree every individual is different, and we cannot and do not guarantee Services will also work for you. You understand and agree that any testimonials, examples, or other results presented by us are the experiences of one client, and we do not represent or guarantee you will achieve the same or similar results.

IV. TERMINATION AND CANCELLATION OF AGREEMENT

In certain extraordinary circumstances, we may have to cancel ongoing Services, in which case we will provide you as much notice as possible and refund any paid fees. We reserve the right, at our sole discretion, to cancel this Agreement without refund of any fees paid if you are disparaging, derogatory, defamatory, abusive, uncooperative; if you fail to pay your outstanding balance after repeated requests; if you violate any other terms of this Agreement.

X. RELEASE OF LIABILITY

BY PURCHASING SERVICES, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTS DERIVED FROM SERVICES. YOU ASSUME ANY AND ALL RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE AND DO NOT ACCEPT RESPONSIBILITY FOR ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM SERVICES. YOU AGREE ON BEHALF OF YOURSELF (AND ALL YOUR PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, AND ASSIGNS) TO RELEASE AND DISCHARGE US AND OUR AFFILIATES FROM ALL CLAIMS OR CAUSES OF ACTION (KNOWN OR UNKNOWN) ARISING OUT OF THE NEGLIGENCE OF US OR OUR AFFILIATES, WHETHER ACTIVE OR PASSIVE. THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, INJURIES, DAMAGES, LOSSES, OR OTHER CLAIMS WHICH MAY OCCUR AS A RESULT OF (A) YOUR USE OF ANY EQUIPMENT OR FACILITIES WHICH MAY MALFUNCTION OR BREAK, (B) IMPROPER MAINTENANCE OF ANY PREMISES OR FACILITIES, (C) NEGLIGENT HIRING OR RETENTION OF EMPLOYEES, AND/OR (D) SLIPPING OR TRIPPING AND FALLING WHILE ON ANY PORTION OF OUR PREMISES OR WHILE TRAVELING TO, FROM OR WITHIN OUR PREMISES. YOU, YOUR HEIRS, ASSIGNS AND REPRESENTATIVES FOREVER RELEASE, WAIVE, AND DISCHARGE US FOR ANY INJURY OR DEATH CAUSED BY NEGLIGENCE OR OTHER ACTS.

HOWEVER, IF WE ARE FOUND LIABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY IN THE AGGREGATE OF OUR AND OUR AGENTS TO YOU FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO SERVICES OR AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, SHALL NOT EXCEED THE TOTAL COMPENSATION PAID BY YOU TO US.

XI. INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and any parties working for or associated with us (including, but not limited to, employees, agents, contractors, subsidiaries, partners, affiliates, successors, assigns; collectively, “Company’s Affiliates”), from any and all actions, claims, damages, fees and expenses, including attorney’s fees, in law and in equity, of or by a third party or whether or not involving a claim by a third party arising out Services and/or this Agreement, excluding any liabilities resulting from the gross negligence or willful misconduct of us. You agree that neither us nor Company’s Affiliates are personally liable for any representations or actions of us or Company’s Affiliates.

XII. GOVERNING LAW/DISPUTE RESOLUTION

Both parties will strive to work out any disputes amicably. You agree that any claim or dispute at law or equity that has arisen between you and us (or any related third parties) that relates in any way to this Agreement will be resolved in accordance with the following provisions:

Applicable Law and Arbitration

You agree that the laws of Florida, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement. All disputes or claims that have arisen, or may arise, between you and us (or any related third parties) that relate in any way to or arise out of this or previous versions of the Agreement, our actions, or any Services purchased shall be resolved exclusively through final and binding arbitration, rather than in court. If for any reason, arbitration is not successful, you agree that any claim or dispute between you and us will be resolved exclusively by a state or federal court located in Hernando county, Florida. You agree to submit to the personal jurisdiction of the courts located within Hernando county, Florida for the purpose of litigating all such claims, disputes, or matters.

XIII. FORCE MAJEURE

We will not be liable for failure or delay in the performance of our obligations under this Agreement for the period that said failure or delay is beyond our reasonable control, materially affects the performance of any of our obligations under this Agreement, and could not reasonably have been foreseen. Force majeure events contemplated include but are not limited to fire, flood, pandemic, hurricane, acts of God, and acts of governmental action prohibiting or impeding us from performing its obligations under this Agreement.

XIV. MISCELLANEOUS

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any portion of this Agreement is deemed to be void or unenforceable, that portion is severable from the Agreement and does not impact the enforceability of the remainder of this Agreement. This Agreement constitutes the entire agreement between you and us.