Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "client") and Bodyin Gear ("we," "us," or "our"), governing your use of the website at bodyingear.com (the "Site") and your receipt of our physical therapy and medical massage services.
By accessing or using our Site, scheduling an appointment, or receiving our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.
If you do not agree to these Terms, you must not use our Site or services. We reserve the right to modify these Terms at any time, and your continued use constitutes acceptance of any changes.
Our Services
Bodyin Gear provides professional physical therapy and medical massage therapy services, which may include but are not limited to:
- Therapeutic and rehabilitative physical therapy sessions
- Medical massage therapy for musculoskeletal conditions
- Sports injury recovery and performance support
- Post-surgical rehabilitation (where appropriate and under physician referral)
- Pain management and mobility improvement programs
- Online appointment scheduling and client communication
Services are provided by licensed and qualified practitioners. We reserve the right to modify, suspend, or discontinue any service at any time without prior notice.
Eligibility
To use our website or receive our services, you must be at least 18 years of age. Individuals under the age of 18 may receive services only with the written consent of a parent or legal guardian, who must be present during all appointments and assumes full responsibility for the minor's participation.
By using our services, you represent and warrant that:
- You are at least 18 years old, or a consenting parent/guardian of a minor client
- You have the legal capacity to enter into these Terms
- All information you provide is accurate and current
- You are not prohibited from receiving services under applicable law
Appointments & Cancellations
We do not sell your personal information. We may share your information in the following limited circumstances:
1. Scheduling
Appointments may be scheduled online through our website, by phone, or by email. Booking an appointment constitutes your agreement to these Terms. We will send confirmation communications via your preferred contact method.
2. Cancellation Policy
We ask that you provide at least 24 hours' notice if you need to cancel or reschedule an appointment. Late cancellations or no-shows may be subject to a cancellation fee as disclosed at the time of booking.
- Cancellations made more than 24 hours in advance: no charge
- Cancellations made with less than 24 hours' notice: a late cancellation fee may apply
- No-shows without prior notice: full session fee may be charged
3. Tardiness
If you arrive late to an appointment, we will do our best to accommodate you within the remaining session time. Late arrivals will not extend the scheduled end time and will be billed at the full session rate.
4. Our Right to Cancel
We reserve the right to cancel or reschedule appointments due to practitioner illness, emergencies, or circumstances beyond our control. In such cases, we will contact you as promptly as possible and offer to reschedule or issue a full refund for any prepaid amount.
Payments & Fees
Service Fees
Current pricing for our services is available on our website and will be confirmed at the time of booking. Fees are subject to change; updated pricing applies to sessions booked after the change date.
Payment Methods
We accept payment via major credit/debit cards and other methods as shown on our website. Payment is generally due at the time of service unless other arrangements have been made in advance.
Insurance
If you intend to use health insurance coverage, it is your responsibility to verify your benefits and coverage before your appointment. We are not responsible for claims denied by your insurer. Any balance not covered by insurance remains your responsibility.
Refunds
Prepaid sessions are non-refundable except as expressly stated at the time of purchase or as required by applicable law. Service packages and bundles are subject to the refund terms disclosed at the time of purchase.
SMS & Email Consent
SMS Text Messages
By providing your mobile phone number and checking the applicable consent box on our website, intake forms, or booking pages, you expressly consent to receive text messages (SMS) from Bodyin Gear. These messages may include:
- Transactional / Non-Promotional: Appointment reminders, confirmations, rescheduling notifications, and care-related communications
- Promotional: Service announcements, special offers, and marketing messages
Message frequency varies. Transactional messages are sent as needed per appointment activity. Promotional messages may be sent up to 4 times per month. Message and data rates may apply. You are not required to consent to promotional messages as a condition of receiving services.
To opt out of SMS messages, reply STOP to any message from us. You will receive one final confirmation of your opt-out and will receive no further marketing messages. Reply HELP for assistance. To re-subscribe, reply START.
Opting out of promotional SMS will not affect appointment-related communications unless you specifically request cessation of all text contact.
Email Communications
By providing your email address, you agree to receive transactional emails related to your appointments and care. If you separately opt in to our marketing communications, you may also receive promotional emails. You may unsubscribe from promotional emails at any time by clicking "Unsubscribe" in any marketing email. Unsubscribing does not affect transactional communications.
No Condition of Service
Consent to receive promotional SMS or email messages is not a condition of receiving physical therapy or medical massage services from Bodyin Gear.
Health & Medical Disclaimer
The content on this website, including any articles, blog posts, or general health information, is provided for educational and informational purposes only. It does not constitute medical advice, diagnosis, or treatment, and should not be used as a substitute for professional medical advice from a qualified physician or licensed healthcare provider.
Before beginning any physical therapy or massage therapy program, you should consult with your primary care physician or relevant specialist, particularly if you:
- Have existing medical conditions, injuries, or post-surgical restrictions
- Are pregnant or may be pregnant
- Are currently taking prescription medications that may affect your treatment
- Have cardiovascular, neurological, or musculoskeletal conditions
- Have recently experienced acute injury or trauma
You are responsible for providing complete and accurate health history information to your practitioner before each session. Failure to disclose relevant health information may increase your risk of injury. We reserve the right to decline or modify services at the discretion of our practitioners if they determine that services may not be safe or appropriate for you.
Assumption of Risk:
Physical therapy and massage therapy involve hands-on physical treatment that carries inherent risks, including but not limited to temporary soreness, bruising, aggravation of existing conditions, or, in rare cases, more serious injury. By receiving our services, you voluntarily assume these risks and release Bodyin Gear, its practitioners, employees, and agents from liability for any injury arising from your voluntary participation in services, except where caused by gross negligence or intentional misconduct.
Website Use
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others. You must not:
- Use the site to transmit unsolicited commercial communications (spam)
- Attempt to gain unauthorized access to any part of the site or its related systems
- Scrape, data-mine, or harvest content from the site without written permission
- Upload or transmit viruses, malware, or other harmful code
- Use automated tools or bots to access the site without our express written consent
- Reproduce, duplicate, copy, sell, or exploit any portion of the site for commercial purposes without authorization
We reserve the right to terminate or restrict your access to the site at our discretion and without notice if we believe you have violated these Terms.
Intellectual Property
All content on this website — including text, graphics, logos, images, video, audio, and software — is the property of Bodyin Gear or its licensors and is protected by applicable copyright, trademark, and intellectual property laws.
You may access and use our website content for personal, non-commercial informational purposes only. You may not reproduce, modify, distribute, publicly display, or create derivative works from any website content without our prior written permission.
Any feedback, suggestions, or ideas you submit to us may be used by Bodyin Gear without obligation or compensation to you.
Privacy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our website or services, you consent to our data practices as described in the Privacy Policy.
Where applicable, your health information is also protected under HIPAA. Please refer to our Notice of Privacy Practices for information about how we handle your Protected Health Information.
Disclaimer of Warranties
Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.
We do not warrant that:
- The website will be available at all times and free from errors or interruptions
- Any information on the website is complete, accurate, or current
- Our services will produce any specific health outcome or result
- The website is free from viruses or other harmful components
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not fully apply to you.
Limitation of Liability
To the maximum extent permitted by applicable law, Bodyin Gear, its owners, employees, practitioners, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including but not limited to loss of profits, data, goodwill, or other intangible losses — arising from:
- Your use of or inability to use the website or our services
- Any content obtained from the website
- Unauthorized access to or alteration of your data
- Any injury sustained during the receipt of our services (except as caused by our gross negligence or intentional misconduct)
In no event shall our total cumulative liability to you exceed the greater of (a) the amount paid by you for services in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00).
Indemnification
You agree to indemnify, defend, and hold harmless Bodyin Gear and its owners, employees, practitioners, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the website or services
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property or privacy rights
- Any false or misleading information you provide to us
Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the state in which Bodyin Gear is registered and operates, without regard to conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in that state for the resolution of any disputes.
Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute with us informally by contacting us with a written description of your concern. We will make reasonable efforts to resolve the matter within 30 days.
To the extent permitted by applicable law, you waive any right to participate in a class action lawsuit or class-wide arbitration against Bodyin Gear.
Changes to These Terms
We may revise these Terms from time to time. When we make material changes, we will update the "Effective Date" at the top of this page. Where required by law or where changes are material, we may also notify you by email or via a notice on our website. Your continued use of our website or services after any changes are posted constitutes your acceptance of the revised Terms.