Terms of Service, Liability Waiver, Indemnification, and Release (The “Agreement”)
Last Updated 1/27/22
The words “you” and “your” and “I” and “Member” mean the individual listed above. The words “we” and “our” and “us” refer to The Healing Heart, LLC and its past, present, and future affiliates, successors, and assigns.
We offer holistic wellness practices and do not offer any medical diagnosis or treatment, or otherwise replace medical care or examination or the advice of a licensed physician. You understand that there is no implied or stated guarantee of success of effectiveness of individual techniques or of any series of appointments.
You understand and agree that personal information and personal health information may be collected. We do not share your information outside our organization without your consent except as may be required by law. We will implement and maintain reasonable security measures surrounding your nonpublic personal information and medical information to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure as may be required by law.
The Healing Heart does not guarantee practitioner availability nor availability of specific services. The Healing Heart reserves the right to add, eliminate and/or change any service offered, at any time and without obligation to notify you. We reserve the right to change, modify, update, add to or delete any terms, conditions at any time by posting the revised version on our website and you agree that such revised terms and conditions shall be effective upon you immediately without further notice unless otherwise stated.
Payment Terms:
The term of your agreement is month to month.
Payment may include one-time fees and recurring fees charged automatically to your credit card on file. By signing below, you authorize us to automatically charge the card you have specified. Monthly payments will be automatically charged on or after the same day of each month until you cancel this Agreement in accordance with its terms. You understand we may continue to automatically charge your card or terminate this Agreement in accordance with its terms. Additionally, you authorize us to automatically charge your card in lieu of presenting it for any services received.
Payments that cannot be successfully processed within two days of your Monthly Billing Date will result in Cancellation of the Member's Membership.
Subject to applicable law, we reserve the right to increase your monthly membership rate upon thirty (30) days’ prior written notice to you, excluding Charter Membership plans. Unless you complete the proper cancellation procedures identified herein, you shall incur the increased monthly membership rate on your next monthly auto payment date following the end of the notice period.
Cancellation
All our memberships are month-to-month with option to cancel at any time without penalty or additional cost for cancellation.
Canceling a Membership will end the rate and benefits offered within that Membership Plan. If you sign up for Membership again, you'll be offered the rate for the Memberships options that will be available at that time. The Healing Heart is under no obligation to sell Memberships, membership benefits, or terms.
Upon cancellation, The Healing Heart will discontinue further monthly automatic payments from the Member. Membership benefits will be provided after cancellation in the following manner:
1. Membership termination will be processed the same day as the cancellation. The balance of Member benefits, including credits, studio access and class registrations will remain active through the end of the Member's current billing cycle.
2. At the end of the Member's current billing cycle, all benefits will be terminated. Member Session Credit Minutes will remain available to be used by the Member for ninety (90) days. On day 91, Session Credit Minutes will be forfeited.
Refunds
Prorated Membership payment refunds, full refunds of Membership monthly payments, refund of Membership signup fees, and refunds of any unused Membership benefits and/or credits will not be provided for any reason.
The only exceptions to this refund policy are for yoga-only and massage-only memberships for which we offer cancellation during the 3-operating days after the first operating day the agreement is signed for a full refund. (Operating days here mean any day the business is open, which may include the weekend.)
Notice of cancellation of a yoga-only or massage-only membership by you shall be made in writing and shall either be delivered by you in person or by certified or registered mail to us at 600 N. North Court, Palatine, IL 60067 within the 3-operating days after the first operating day the agreement is signed. All refunds to which you or your estate are entitled shall be made within 30 days of receipt by us of the cancellation notice.
Member Benefits & Usage: Session Minute Credits
Members may be granted Session Minute Credits as a Member Benefits included in a Membership Plan. Membership plans purchased that include Session Minute Credits will provide the Member with Session Minute Credits immediately upon receipt of the first monthly membership payment. Members will receive ongoing Session Credit Minutes according to the Membership Plan purchased. Session Minute Credits do not have a monetary value and cannot be refunded, exchanged for money, credits or applied to any purchase at The Healing Heart. All individual session times include time for client consultation and dressing (if applicable), which may occur pre and post service.
Session Minute Credits may be applied for the benefit of another person upon approval of the Member. Applying Session Minute Credits to another person does not transfer the Membership Agreement, nor billing payment agreements; the membership agreement and billing/payment obligations are non-transferable.
Membership Plan Rollover Terms for Session Minute Credits are as follows for current Members:
For all Memberships plan, levels and tier, non-availability of a service and/or practitioner will not extend the rollover time. Unused Session Minute Credits may be rollover to the next month per the terms of the Membership Plan purchased, as follows:
1. Charter Membership: Rollover of unused Session Credit Minutes to the next month will be allowed for a duration of 12 (twelve) months. Session Minute Credits will be applied to a session using the oldest unused credits first.
2. Basic Membership: Rollover of unused Session Credit Minutes will not be allowed. Session Credit Minutes not used during the current billing cycle will be lost.
3. Optimal Membership: Rollover of unused Session Credit Minutes to the. next month will be allowed for a duration of a rolling 6 (six) months. Session Minute Credits will be applied to a session using the oldest unused credits first.
4. Premium Membership: Rollover of unused Rollover of unused Session Credit Minutes to the. next month will be allowed for a duration of a rolling 12 (twelve) months. Session Minute Credits will be applied to a session using the oldest unused credits first.
5. Reiki & Massage Membership: Rollover of unused Rollover of unused Session Credit Minutes to the. next month will be allowed for a duration of a rolling 12 (twelve) months. Session Minute Credits will be applied to a session using the oldest unused credits first.
Membership Plan Rollover Terms for Session Minute Credits are as follows for past/non-current Members:
For all Memberships plan, levels and tier, non-availability of a service and/or practitioner will not extend the rollover time. Regardless of Membership plan type, level or tier all unused Session Minute Credits will remain available in the former Member's account for 90 (ninety) days from the date of Membership Cancellation/Termination.
Applying Member Session Minute Credits to Appointments When Booking
Session Minute Credits cannot be borrowed forward. Session Minute Credits are deducted from the Member's account at the time of booking a session. Members using Session Minute Credits to schedule their appointments are able to schedule sessions up to 60 days in advance, provided the Member has a sufficient Session Minute Credit balance to cover the sessions at the time of booking.
Insufficient Session Minute Credit Balance for an Appointment
Splitting payment between Session Credit Minutes and paying directly is not possible. Members may purchase additional minutes anytime to supplement the Member's existing balance.
Cancelling an Appointment that was booked with Session Minute Credits (See our Cancellation policy).
Member Benefits & Usage: Holistic Member Coaching
For every Membership plan, type, level or tier, every Member will be provided access to a Holistic Member Coach, excluding specialty memberships such Yoga-Only Members and Massage-Only Members. Sessions and support with the Holistic Membership Coach will be provided based on the Membership plan purchased. Holistic Member Coaching sessions cannot be rolled over to the next month. There is no monetary value associated with the Holistic Member Coaching benefit.
Holistic Member Coaching sessions cannot be refunded, credited, or transferred.
Holistic Member Coaches will be able for texting support: Tuesday, Wednesday, Thursday, and Friday 9am-7pm Central. All U.S observed holidays and closed business days are excluded from the stated availability.
Informed Consent, Liability Acknowledgement, Release, Indemnity, and Liability Waiver
You understand that massage, yoga, energy healing, and other services offered by us include physical movements as well as an opportunity for relaxation, stress re-education and relief of tension. You represent and warrant that you are physically and mentally fit and you have no medical condition which would prevent your full participation in any activities you choose to undertake.
As is the case with any physical and mental activity, the risk of injury, even a serious or disabling one, is always present and cannot be entirely eliminated. If you experience any pain or discomfort, you will listen to your body, discontinue the activity, and ask for support from the practitioner. You also affirm that you alone are responsible to decide whether to participate and participation is at your own risk.
By signing below, you understand, acknowledge, agree, and voluntarily accept all risk and responsibility associated with the services provided and use of any facilities at any location from which services are provided to you. You hereby waive all claims, assume all liability, and release, hold harmless, indemnify, and agree to defend us (including our affiliates, instructors, agents, owners, officers, employees, contractors, insurers, and attorneys) from liability for any injury, claim, cause of action, suit, demand, and damages (including without limitation, personal, bodily, or mental injury, property damage, economic loss, consequential damages, and punitive damages), arising from or related to (1) our failure to disclose any pre-existing conditions, limitations, or sensitivities; (2) your failure to inform your therapist or practitioner of discomfort or pain during or at the end of the service; (3) your presence on the premises of any location from which service are provided to you; and/or (4) any negligence on our (including our affiliates, instructors, agents, owners, officers, employees, contractors, insurers, and attorneys) part. You further expressly agree that this assumption of risk, release, waiver of liability, and indemnification is intended to be as broad and inclusive as permitted by law and that if any portion of it is held invalid, the balance shall be valid and continue in full legal force and effect. These provisions are agreed to be biding on you, your estate, family, heirs, administrators, personal representatives, and assigns.
We may delay enforcing any of our rights without losing them. We can enforce this Agreement against your heirs and legal representatives. We may assign or transfer this Agreement or any of our rights under it without notice to you, except as otherwise required by law. Your rights or obligations under this Agreement cannot be assigned by you to anyone else without our prior written consent. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THE PROVISIONS CONTAINED WITHIN THIS AGREEMENT, HAVE HAD ADEQUATE TIME TO REVIEW SUCH PROVISIONS BEFORE SIGNING VOLUNTARILY, ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO THESE PROVISIONS IS GIVEN IN EXCHANGE FOR OUR RENDERING OF SERVICES, AND AGREE THAT THESE PROVISIONS APPLY AT EACH VISIT.
General
YOU AND WE AGREE THAT THE TOTAL, CUMULATIVE LIABILITY OWED BY US SHALL NEVER EXCEED THE AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE FIRST EVENT ALLEGEDLY GIVING RISE TO LIABILITY. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE TO YOU FOR ANY TYPE OF INCIDENTAL, EXEMPLARY, RELIANCE, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS OR SERVICES, LOSS OF RIGHTS OR SERVICES, OR LOSS OF CONSUMPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
YOU AND WE IRREVOCABLY, KNOWINGLY, AND VOLUNTARILY AGREE THAT, IN ANY ACTION, PROCEEDING, CROSSCLAIM, COUNTERCLAIM, OR THIRD-PARTY CLAIM BROUGHT IN RESPECT OF ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT AND/OR THE RELATIONSHIP BETWEEN YOU AND US, SUCH PARTY SHALL AND DOES HEREBY (A) WAIVE ALL RIGHTS TO TRIAL BY JURY AND (B) WAIVES THE RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A RIGHT TO JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A RIGHT TO JURY TRIAL HAS NOT BEEN WAIVED.
You acknowledge and agree that this Agreement and all aspects of the relationship between you and us shall be governed under the laws of the State of Illinois, United States of America without regard to its conflicts of law provisions. You irrevocably consent to the personal jurisdiction of the courts of Lake County (and of the appropriate appellate courts) in any such action or proceeding and waive any objection to venue laid therein. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures of this Agreement are also permissible and shall have the same effect as originals.
We offer holistic wellness practices and do not offer any medical diagnosis or treatment, or otherwise replace medical care or examination or the advice of a licensed physician. You understand that there is no implied or stated guarantee of success of effectiveness of individual techniques or of any series of appointments.
You understand and agree that personal information and personal health information may be collected. We do not share your information outside our organization without your consent except as may be required by law. We will implement and maintain reasonable security measures surrounding your nonpublic personal information and medical information to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure as may be required by law.
The Healing Heart does not guarantee practitioner availability nor availability of specific services. The Healing Heart reserves the right to add, eliminate and/or change any service offered, at any time and without obligation to notify you. We reserve the right to change, modify, update, add to or delete any terms, conditions at any time by posting the revised version on our website and you agree that such revised terms and conditions shall be effective upon you immediately without further notice unless otherwise stated.
Payment Terms:
The term of your agreement is month to month.
Payment may include one-time fees and recurring fees charged automatically to your credit card on file. By signing below, you authorize us to automatically charge the card you have specified. Monthly payments will be automatically charged on or after the same day of each month until you cancel this Agreement in accordance with its terms. You understand we may continue to automatically charge your card or terminate this Agreement in accordance with its terms. Additionally, you authorize us to automatically charge your card in lieu of presenting it for any services received.
Payments that cannot be successfully processed within two days of your Monthly Billing Date will result in Cancellation of the Member's Membership.
Subject to applicable law, we reserve the right to increase your monthly membership rate upon thirty (30) days’ prior written notice to you, excluding Charter Membership plans. Unless you complete the proper cancellation procedures identified herein, you shall incur the increased monthly membership rate on your next monthly auto payment date following the end of the notice period.
Cancellation
All our memberships are month-to-month with option to cancel at any time without penalty or additional cost for cancellation.
Canceling a Membership will end the rate and benefits offered within that Membership Plan. If you sign up for Membership again, you'll be offered the rate for the Memberships options that will be available at that time. The Healing Heart is under no obligation to sell Memberships, membership benefits, or terms.
Upon cancellation, The Healing Heart will discontinue further monthly automatic payments from the Member. Membership benefits will be provided after cancellation in the following manner:
1. Membership termination will be processed the same day as the cancellation. The balance of Member benefits, including credits, studio access and class registrations will remain active through the end of the Member's current billing cycle.
2. At the end of the Member's current billing cycle, all benefits will be terminated. Member Session Credit Minutes will remain available to be used by the Member for ninety (90) days. On day 91, Session Credit Minutes will be forfeited.
Refunds
Prorated Membership payment refunds, full refunds of Membership monthly payments, refund of Membership signup fees, and refunds of any unused Membership benefits and/or credits will not be provided for any reason.
The only exceptions to this refund policy are for yoga-only and massage-only memberships for which we offer cancellation during the 3-operating days after the first operating day the agreement is signed for a full refund. (Operating days here mean any day the business is open, which may include the weekend.)
Notice of cancellation of a yoga-only or massage-only membership by you shall be made in writing and shall either be delivered by you in person or by certified or registered mail to us at 600 N. North Court, Palatine, IL 60067 within the 3-operating days after the first operating day the agreement is signed. All refunds to which you or your estate are entitled shall be made within 30 days of receipt by us of the cancellation notice.
Member Benefits & Usage: Session Minute Credits
Members may be granted Session Minute Credits as a Member Benefits included in a Membership Plan. Membership plans purchased that include Session Minute Credits will provide the Member with Session Minute Credits immediately upon receipt of the first monthly membership payment. Members will receive ongoing Session Credit Minutes according to the Membership Plan purchased. Session Minute Credits do not have a monetary value and cannot be refunded, exchanged for money, credits or applied to any purchase at The Healing Heart. All individual session times include time for client consultation and dressing (if applicable), which may occur pre and post service.
Session Minute Credits may be applied for the benefit of another person upon approval of the Member. Applying Session Minute Credits to another person does not transfer the Membership Agreement, nor billing payment agreements; the membership agreement and billing/payment obligations are non-transferable.
Membership Plan Rollover Terms for Session Minute Credits are as follows for current Members:
For all Memberships plan, levels and tier, non-availability of a service and/or practitioner will not extend the rollover time. Unused Session Minute Credits may be rollover to the next month per the terms of the Membership Plan purchased, as follows:
1. Charter Membership: Rollover of unused Session Credit Minutes to the next month will be allowed for a duration of 12 (twelve) months. Session Minute Credits will be applied to a session using the oldest unused credits first.
2. Basic Membership: Rollover of unused Session Credit Minutes will not be allowed. Session Credit Minutes not used during the current billing cycle will be lost.
3. Optimal Membership: Rollover of unused Session Credit Minutes to the. next month will be allowed for a duration of a rolling 6 (six) months. Session Minute Credits will be applied to a session using the oldest unused credits first.
4. Premium Membership: Rollover of unused Rollover of unused Session Credit Minutes to the. next month will be allowed for a duration of a rolling 12 (twelve) months. Session Minute Credits will be applied to a session using the oldest unused credits first.
5. Reiki & Massage Membership: Rollover of unused Rollover of unused Session Credit Minutes to the. next month will be allowed for a duration of a rolling 12 (twelve) months. Session Minute Credits will be applied to a session using the oldest unused credits first.
Membership Plan Rollover Terms for Session Minute Credits are as follows for past/non-current Members:
For all Memberships plan, levels and tier, non-availability of a service and/or practitioner will not extend the rollover time. Regardless of Membership plan type, level or tier all unused Session Minute Credits will remain available in the former Member's account for 90 (ninety) days from the date of Membership Cancellation/Termination.
Applying Member Session Minute Credits to Appointments When Booking
Session Minute Credits cannot be borrowed forward. Session Minute Credits are deducted from the Member's account at the time of booking a session. Members using Session Minute Credits to schedule their appointments are able to schedule sessions up to 60 days in advance, provided the Member has a sufficient Session Minute Credit balance to cover the sessions at the time of booking.
Insufficient Session Minute Credit Balance for an Appointment
Splitting payment between Session Credit Minutes and paying directly is not possible. Members may purchase additional minutes anytime to supplement the Member's existing balance.
Cancelling an Appointment that was booked with Session Minute Credits (See our Cancellation policy).
Member Benefits & Usage: Holistic Member Coaching
For every Membership plan, type, level or tier, every Member will be provided access to a Holistic Member Coach, excluding specialty memberships such Yoga-Only Members and Massage-Only Members. Sessions and support with the Holistic Membership Coach will be provided based on the Membership plan purchased. Holistic Member Coaching sessions cannot be rolled over to the next month. There is no monetary value associated with the Holistic Member Coaching benefit.
Holistic Member Coaching sessions cannot be refunded, credited, or transferred.
Holistic Member Coaches will be able for texting support: Tuesday, Wednesday, Thursday, and Friday 9am-7pm Central. All U.S observed holidays and closed business days are excluded from the stated availability.
Informed Consent, Liability Acknowledgement, Release, Indemnity, and Liability Waiver
You understand that massage, yoga, energy healing, and other services offered by us include physical movements as well as an opportunity for relaxation, stress re-education and relief of tension. You represent and warrant that you are physically and mentally fit and you have no medical condition which would prevent your full participation in any activities you choose to undertake.
As is the case with any physical and mental activity, the risk of injury, even a serious or disabling one, is always present and cannot be entirely eliminated. If you experience any pain or discomfort, you will listen to your body, discontinue the activity, and ask for support from the practitioner. You also affirm that you alone are responsible to decide whether to participate and participation is at your own risk.
By signing below, you understand, acknowledge, agree, and voluntarily accept all risk and responsibility associated with the services provided and use of any facilities at any location from which services are provided to you. You hereby waive all claims, assume all liability, and release, hold harmless, indemnify, and agree to defend us (including our affiliates, instructors, agents, owners, officers, employees, contractors, insurers, and attorneys) from liability for any injury, claim, cause of action, suit, demand, and damages (including without limitation, personal, bodily, or mental injury, property damage, economic loss, consequential damages, and punitive damages), arising from or related to (1) our failure to disclose any pre-existing conditions, limitations, or sensitivities; (2) your failure to inform your therapist or practitioner of discomfort or pain during or at the end of the service; (3) your presence on the premises of any location from which service are provided to you; and/or (4) any negligence on our (including our affiliates, instructors, agents, owners, officers, employees, contractors, insurers, and attorneys) part. You further expressly agree that this assumption of risk, release, waiver of liability, and indemnification is intended to be as broad and inclusive as permitted by law and that if any portion of it is held invalid, the balance shall be valid and continue in full legal force and effect. These provisions are agreed to be biding on you, your estate, family, heirs, administrators, personal representatives, and assigns.
We may delay enforcing any of our rights without losing them. We can enforce this Agreement against your heirs and legal representatives. We may assign or transfer this Agreement or any of our rights under it without notice to you, except as otherwise required by law. Your rights or obligations under this Agreement cannot be assigned by you to anyone else without our prior written consent. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THE PROVISIONS CONTAINED WITHIN THIS AGREEMENT, HAVE HAD ADEQUATE TIME TO REVIEW SUCH PROVISIONS BEFORE SIGNING VOLUNTARILY, ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO THESE PROVISIONS IS GIVEN IN EXCHANGE FOR OUR RENDERING OF SERVICES, AND AGREE THAT THESE PROVISIONS APPLY AT EACH VISIT.
General
YOU AND WE AGREE THAT THE TOTAL, CUMULATIVE LIABILITY OWED BY US SHALL NEVER EXCEED THE AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE FIRST EVENT ALLEGEDLY GIVING RISE TO LIABILITY. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE TO YOU FOR ANY TYPE OF INCIDENTAL, EXEMPLARY, RELIANCE, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS OR SERVICES, LOSS OF RIGHTS OR SERVICES, OR LOSS OF CONSUMPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
YOU AND WE IRREVOCABLY, KNOWINGLY, AND VOLUNTARILY AGREE THAT, IN ANY ACTION, PROCEEDING, CROSSCLAIM, COUNTERCLAIM, OR THIRD-PARTY CLAIM BROUGHT IN RESPECT OF ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT AND/OR THE RELATIONSHIP BETWEEN YOU AND US, SUCH PARTY SHALL AND DOES HEREBY (A) WAIVE ALL RIGHTS TO TRIAL BY JURY AND (B) WAIVES THE RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A RIGHT TO JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A RIGHT TO JURY TRIAL HAS NOT BEEN WAIVED.
You acknowledge and agree that this Agreement and all aspects of the relationship between you and us shall be governed under the laws of the State of Illinois, United States of America without regard to its conflicts of law provisions. You irrevocably consent to the personal jurisdiction of the courts of Lake County (and of the appropriate appellate courts) in any such action or proceeding and waive any objection to venue laid therein. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures of this Agreement are also permissible and shall have the same effect as originals.