ATTENTION: THE FOLLOWING TERMS AND CONDITIONS INCLUDE IMPORTANT TERMS OF THIS AGREEMENT, INCLUDING A BINDING INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT. BY SIGNING ABOVE, YOU ACKNOWLEDGE YOU HAVE READ THE TERMS AND CONDITIONS. 

TERMS AND CONDITIONS 

Termination: We reserve the right to terminate or refuse to renew your Agreement for any reason permitted under law, including, but not limited to, an unsatisfactory payment history or failure to comply with any rules, policies, or modifications to rules or policies during this Agreement’s Term. We reserve the right to collect at any time any delinquent or outstanding balance(s) that has not been paid including for any services or products provided or monthly payments owed. For purposes of identification and billing, you agree to provide us with current, accurate, complete, and updated information including your name, address, telephone number, e-mail address, and applicable payment data. You agree to notify us promptly of any changes in your information, including any changes to your method of payment.  Upon termination or cancellation of your membership, the actual value of any unpaid membership fees will not expire. For the absence of any doubt, if there are any months that you do not use receive one of the Membership Monthly Services, assuming that you are an active member those months, you shall receive a $99 credit towards the actual price of a service. Upon termination of the agreement, you are not eligible for any of the Additional Perks.  

Recommendation: We recommend that you consult your physician, prior to beginning any of our services or treatments. Anyone with a history of health problems should consult a physician before becoming a Member.  

Refusal of Services. We reserve the unrestricted and total right to refuse service or treatment of any kind to any Member if any employee, manager, provider or owner of the Health Center determines that Member is not fit for treatment. Reasons for refusal may include, but are not limited to, Member being intoxicated or under the influence of any illegal substance, lack of clear mind or capacity, medical reasons, and any other just reason allowable under applicable law. The Health Center will never refuse service to a Member or individual based upon status protected by Federal or applicable state law. 

Liability for Property. We are not liable to you or your guest(s) for any personal property that is damaged, lost, or stolen while on or around our premises including, but not limited to, a vehicle or its contents or any property left in a locker or in a common area such as the waiting or reception area. If you or your guest(s) cause any damage to our facilities, you are liable to us for its cost of repair and/or replacement. 

Media. Member agrees to allow the Health Center to take and store photographs/digital images and videos of Member during each visit or whenever necessary as determined by an employee for the purpose of tracking treatment progress, any prior conditions, and continuity of treatment between providers. The Health Center shall store all media on a secure network and HIPAA-compliant device and network. 

Social Media. The Health Center may, from time to time, wish to post before and after photographs/digital images and videos of Members to showcase progress and services on our social media accounts. Member may or may not authorize such use of photographs, videos or other forms of media. If Member wishes to grant authorization, Member must sign the Social Media Consent form. If a member does not want to grant authorization, Member must alert the Health Center in writing.  

Privacy. The Health Center collects, uses and discloses certain personal information of Members in accordance with our Privacy Policies.  Our Privacy Policies are available at https://relivehealth.com/privacy-policy.  

Assumption of Risk, Release, Waiver of Liability, and Indemnification: The term “service” or “procedure” used throughout this Agreement means Intravenous Vitamin Therapy, laser skin treatment, Hydrafacial®, Microneedling, Hormone Replacement Therapy, and any other service or procedure provided to you as a Member of the Health Center. You acknowledge and agree that: (1) it is your responsibility to disclose any medical condition or medication that could limit or prevent you from participating in a service or procedure or any medical symptoms or issues that arise during any service or procedure; and (2) you may discontinue participation in a service or procedure at any time. Further, you acknowledge and agree that (1) there is a risk of injury associated with participation in the services and procedures offered by the Health Center; (2) there exists the possibility for certain negative conditions occurring during or following these procedures and services. By signing this Agreement you acknowledge and voluntarily accept these risks and responsibilities which include risk of injury to your person resulting from participation in these services and procedures. You hereby waive all claims, assume all liability, and release, hold harmless, indemnify, and agree to defend us, the Franchisor, the Franchisor Parties, any other Relive Health Center, and any owner of any Relive Health Center you may visit, and any of our or their respective affiliates, successors assigns, agents, representatives, and employees, 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) your failure to disclose any pre-existing conditions, limitations, or sensitivities; (2) your participation in any the Health Center service or procedure; and/or (3) any negligence on our part (including our employees) or on the part of any employee at any other Relive clinic. You 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. Further, you expressly agree that if any portion of this Assumption of Risk, Release, Waiver of Liability, and Indemnification provision is deemed to be invalid, the balance of such shall be valid and continue in full legal force and effect. The terms and conditions of this provision are binding on you, your estate, heirs, administrators, personal representatives, and assigns. 

Binding Individual Arbitration and Class Action Waiver: Any disputes arising out of or relating to this Agreement or your participation in any of the services or procedures included in this membership or any other services or procedures you choose to have done, including any such dispute with the Franchisor or the Franchisor Parties, (collectively defined as “Disputes”), shall be governed by Florida law regardless of your country or state of residence or the location of the Health Center you visit and notwithstanding any conflicts of law principles. Any Disputes shall be resolved by final and binding individual arbitration, rather than in court, and without a jury. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the Health Center by U.S. Mail or a commercial carrier at the address listed at the top of this Membership Agreement. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules (available at www.adr.org). Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation, or scope of this Agreement, and the identity of the proper parties to the arbitration, shall be submitted to and ruled on by  an arbitrator. Arbitration costs and reasonable, documented attorneys’ fees and costs of both parties shall be borne by the non-prevailing party. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you received the services or procedures or at another mutually-agreed upon location.  Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. We each agree that any dispute resolution proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. NEITHER YOU, WE, NOR ANY OTHER PERSON MAY PURSUE A DISPUTE IN ARBITRATION AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION NOR MAY ANY DISPUTE BE PURSUED ON YOUR BEHALF IN ANY LITIGATION IN ANY COURT EXCEPT AS PROVIDED HEREIN. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. 

Authorization for Phone Calls and Text Messages: By providing your phone number herein and signing this Agreement, you consent to and authorize the Health Center, the Franchisor, the Franchisor Parties, and/or their agents to call or send you text messages to the number you provide regarding: (1) appointment reminders, account balances, and/or transactions, and (2) the Health Center’s promotions or advertising. You acknowledge that standard message and data rates may apply. You are not required to authorize calls or text messages to become a Health Center Member and you may opt-out at any time by request if called or by replying “STOP” in response to a message. By providing us with your contact information and signing this Agreement, you give your prior express written consent to receive membership and billing related communication from us or our authorized delegate to the extent permitted by applicable law, including without limitation the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act. 

Transferability: This membership is non-transferable. 

Severability: If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the arbitrator or court may modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 

Entire Agreement: This Agreement, together with any other documents incorporated herein by reference and all related Exhibits and Schedules, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter.  

Changes in Health Center Location or Operation: You may cancel this Agreement if the Health Center goes out of business or moves its facilities more than 25 driving miles from the current Health Center location identified in this Agreement and fails to provide equal quality facilities within 30 days from the date of closure. If you choose to transfer your membership to a clinic within 25 driving miles from the Health Center due to the closure of the Health Center, such transfer shall be done at no cost to you. The Health Center location shall not be deemed out of business when temporarily closed for repair or renovation of the premises. 

Freezes: If you are temporarily unable to utilize your membership, you may request a freeze of your membership. Your membership may be frozen for one-month at a time a maximum of two times (2x) every 365-days beginning from the date that you execute this Agreement. You understand and acknowledge that freezing your membership will not extend the Term of the Agreement and while your membership is frozen, your access to Founding Member Perks will not be available. To freeze your membership, you must submit your request in writing to the Health Center at least 15 days in advance of your first desired freeze date. Freezes for medical reasons will not be subject to the monthly freeze fee. You may be required to provide documentation from a medical provider to request a freeze for medical reasons. You will not be assessed a fee for your first freeze request but may be required to pay a fee of up to $20.00 for subsequent freeze requests. The Health Center reserves the right to adjust this freeze policy from time to time in its sole discretion. Requests for retroactive freezes are not permitted. 

Charge-Back: You will be responsible and will indemnify the Health Center with respect to any and all chargebacks regarding the services performed under this Agreement. If the Health Center is harmed by your chargeback, including, but not limited to the Health Center suffering any financial loss (including the clawback of funds from our accounts), the Health Center expending time to respond or otherwise object to your chargeback, or if you advance a fraudulent chargeback against us, you agrees to pay us three (3) times the amount of your unauthorized chargeback as a penalty. In addition to the agreed-upon penalty for your initiation of a chargeback against the Health Center, you will also be responsible for any of our time spent fighting the chargeback at an hourly rate of $625.00 an hour. 

Death or Disability: This Agreement may be canceled if the Buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services or procedures which he or she used from the commencement of the Agreement until the time of disability, with refunds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The Buyer or the Buyer’s estate seeking relief under this paragraph may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of this Agreement by the Buyer shall be established if the Buyer furnishes to the Health Center a certification of such disability by a physician licensed under the law of the State in which the Health Center is located to the extent the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation. 

Cancellation in Writing: Cancellation requests must be completed in person at the Health Center address listed at the top of this Agreement. Cancellation forms will be provided to you by the Client Advocate or Front of House Staff. Cancellation requests must be provided to the Health Center listed at the top of this Agreement at least 30 days prior to your scheduled automatic payment date.