Payment, Cancellation and Rescheduling Policy 

All appointments are pre-paid online at the time of scheduling. Clients are responsible for full payment at the time of services. Clients are able to reschedule or cancel their pre-paid appointments up to 24hrs in advance of the scheduled time without penalty. It is the client’s responsibility to reschedule or cancel by managing their appointments online. If appointments are canceled within 24hrs of the scheduled time, the payment credit and time slot are forfeited. Appointments that must be rescheduled within 24hrs of the currently scheduled session are subject to a $50 fee. No-shows are held to these policies. Packaged sessions also follow these policies. You may late reschedule your session via the $50 fee once. After that, the credit and time slot are forfeited, and the client will have to schedule a new appointment. Clients with an unpaid balance on their account may be barred from scheduling additonal session until the balance is paid or banned after several notifications of an unpaid balance with no action.

Informed Consent to Treat and Train, HIPAA Notice, Photographic Consent & Cancellation Policies

By booking, I request and consent to the performance of therapeutic bodywork techniques on me - or on the patient for whom I am legally responsible - by Marisa Michele L.Ac. and themovewellclinic LLC. I also request and consent to training guidance and recommendations as appropriate for my goals.

I understand that methods of treatment may include, but are not limited to: acupuncture, moxibustion, cupping, electrical stimulation, TuiNa (Chinese bodywork), fascial stretch therapy, myofascial releases, corrective exercises, personal training and nutritional recommendations.

I understand that acupuncture and adjunctive modalities are generally safe methods of treatment but may have some side effects including bruising, numbness, tingling, or fatigue near the needling sites that may last a few days. Dizziness or fainting may occur and measures are taken to prevent such occurrences.  Burns and/or scarring are a potential risk of moxibustion and heat lamps. Bruising or skin discoloration is a common side effect of cupping.  Unusual and uncommon risks of acupuncture include infection, nerve damage and organ puncture, including lung puncture (pneumothorax). I acknowledge this and will follow instructions both during and after sessions to reduce these risks. The clinic uses sterile disposable needles and maintains a clean environment according to established guidelines. Fascial stretch therapy may have side effects that include deep soreness. I understand that while the risks associated with exercise are low but can be significant. I will follow instructions and take the necessary precautions to avoid these possible risks, injuries and even death. I understand that there is no promise to cure or to guarantee of improvement as every body is different and may react to modalities differently. 

I understand that while this document describes the uncommon major risks of treatment, other side effects and risks may occur. I do not expect the clinical staff to be able to anticipate and explain all possible risks and complications of treatment. I do not expect the clinical staff to be able to anticipate and explain all the possible risks and complications of treatment, and I wish to rely on the clinical staff to exercise judgment during the course of treatment which the clinical staff thinks at the time, based upon the facts then known is in my best interest.  During the process of healing there might be significant changes in your symptom presentation, known as “healing reactions” or a “healing crisis”. This may include a temporary worsening of previous or existing conditions or the appearance of new symptoms. Typically this occurs within 24-48 hours of a treatment and then the symptoms improve. I understand that results are not guaranteed and I can request more information on alternative care at any time.

I will notify a clinical staff member who is caring for me if I am or become pregnant, as certain points and techniques are contraindicated during pregnancy. I will notify staff if I have metallic replacements in my body. I will notify staff of significant changes in medical history or notable allergies such as latex. I understand the clinical and administrative staff may review my patient records and lab reports, but all my records will be kept confidential and will not be released without my written consent.

I understand the general intent and benefits of acupuncture treatments and the procedure has been explained to me. I understand acupuncture therapy is not a substitute for medical treatment or medications, and that it is recommended that I concurrently work with my Primary Care Physician for any condition I may have. I am aware that the acupuncturist does not diagnose illness or disease, and does not prescribe medications. The Acupuncturist is not a Primary Care Physician in the State of New York.

By booking, I show that I have read, or have had read to me, the above consent to treatment and training, have been told about the risks and benefits of acupuncture and other procedures, and have continuous opportunity to ask questions. I acknowledge that I am signing this agreement freely and voluntarily and intend my signature to be a complete and unconditional release of liability to the greatest extent allowed by law. I agree to hold Marisa Michele L.Ac. and all spaces associated with themovewellclinic LLC harmless from any and all claims, loss or damage to myself, personal property, liabilities and costs. I acknowledge themovewellclinic LLC and Marisa Michele L.Ac. reserve the right to refer prospective or current patients out and discontinue treatment at any time at their discretion.

I intend this consent form to cover the entire course of treatment for my present condition and for any future condition(s) for which I seek treatment or training. I understand that services, prices and other offers are subject to change at any time.

Privacy Policy

This notice is to inform you that we are in compliance with the law concerning privacy of your health information, HIPAA. This is a short summary; the full length explanation of HIPAA is available to you upon request. We do not share your protected health information (PHI) with anyone other than with an entity that you agree to share information with. By booking with themovewellclinic LLC, you agree to allow us to use your information for pertinent reasons: products and services, healthcare operations, and billing for payment of products and services. This type of information includes your name, social security number, birth date, address, insurance company, phone numbers, your health history questionnaire, and any and all related medical charting in regards to products or services we provide to you. Patients may request to have someone accompany them in the room during treatment. The patient then acknowledges that personal health information may be shared with this person. We do not share your PHI with anyone else in the clinic other than those listed here or pertinent staff of the clinic for the purpose of clinic operations. We reserve the right to contact you by phone, mail, or email if you list this information in your consent form. This contact could be regarding scheduling, promotions, or other pertinent reasons of the clinic, but we will not give PHI to anyone else as a result of these types of contact.

In order to provide the best care possible, we may need to discuss your case with other health care professionals and facilities. If such an exchange of medical information is needed, themovewellclinic, LLC will discuss this with you and obtain written consent from you before releasing any patient data.

Video/Photographic Notice

During treatment or training under themovewellclinic LLC, I understand that video or photographs may be taken during sessions for progress documentation, educational or promotional purposes with my consent. I understand that my participation is voluntary and releases all liability and ownership of the content to be utilized, published, and edited for the purpose and use by Marisa Michele LAc. and themovewellclinic LLC. Videos and photographs may be utilized for the purpose of demonstrating services to prospective clients offered via social media, website or emails. Videos/Photographs can also be utilized for before and after documentation to show changes that could be overlooked or missed. By receiving treatment, you acknowledge the potential having my pictures and videos consensually taken and used as described above by Marisa Michele and themovewellclinic, LLC.

THEMOVEWELLCLINIC x INCREDIPOLE

IncrediPole, Inc is not responsible for any client communications, monetary agreements, or physical actions of themovewellclinic, LLC.  themovewellclinic, LLC operates independently and is not a legal subsidiary of IncrediPole, Inc. 

This INDEMNITY AGREEMENT (this "Agreement") is made effective on August 11, 2023 by and between the IncrediPole, Inc. (hereinafter, "Incredi Pole, Inc."), of 43D 9th Street, Brooklyn, New York 11215 and themovewellclinic, LLC (hereinafter, "Marisa Michele"), of 

IncrediPole, Inc. and themovewellclinic LLC are sometimes individually referred to as "Party" and collectively referred to as the "Parties."" 

WHEREAS, Marisa Michele will be performing the following services for IncrediPole, Inc.: Including but not limited to: acupuncture, fascial stretch therapy, cupping therapy, corrective exercise, mobility training, etc.; and 

WHEREAS, in exchange for valuable consideration, Marisa Michele desires to indemnify IncrediPole, Inc. from any claims and/or litigation arising out of Marisa Michele's performance of the work of providing these services. 

NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, IncrediPole, Inc. and Marisa Michele hereby agree as follows: 

TERMS

Indemnification. Marisa Michele shall fully defend, indemnify, and hold harmless Incredi Pole, Inc. from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of Marisa Michele, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and any reimbursements to IncrediPole, Inc. for all legal fees, expenses, and costs incurred by it. 

ADDITIONAL TERMS AND CONDITIONS

These Services, Website and its Content is owned by themovewellclinic, LLC hereafter known as “Company”, “we”, or “us”). The term “you” refers to the user or viewer of our Website or user of our Services.

Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Services, Website or its Content.

WEBSITE USE AND CONSENT

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by United States intellectual property laws.

If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these T&C. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C.

INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You. This Website and its Content is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

When you purchase or access our Website or any of its Content, you agree that:

•You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.

•You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark, and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.

•You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.

•You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.

•We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any way that earns you money, unless we give you written permission that you may do so.

The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Your License to Us. By posting or submitting any material on or through our Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.

REQUEST FOR PERMISSION TO USE CONTENT

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail.

We very clearly state that you may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.

PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK

As a Licensee, you agree that you are using your own judgment in using our Services, Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.

DISCLAIMER

Our Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.

Medical Disclaimer. This Website and its Content are not to be perceived as or relied upon in any way as a replacement for necessary medical advice or mental health advice. The information provided through our Website or Content is not intended to be a substitute for necessary professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.  We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Technology Disclaimer. We try to ensure that the availability and delivery of our Website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or its Content inaccessible to you.

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

Links to Other Websites. We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Limitations on Linking and Framing. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS

Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Services, Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.

Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Services, Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.  We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Services, Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

YOUR CONDUCT

You are agreeing that you will not use our Services, Website or its Conduct in any way that causes or is likely to cause the Services, Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your devices to this Website and its Content and to us.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

You must use the Website and its Content for lawful purposes only.  You agree that you will not use the Website or its Content in any of the following ways:

•For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity

•To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others

•To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not

•To cause annoyance, inconvenience or needless anxiety

•To impersonate any third party or otherwise mislead as to the origin of your contributions

•To reproduce, duplicate, copy or resell any part of our Website or its Content in a way that is not in compliance with these T&C or any other agreement with us.

ONLINE COMMERCE

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

TERMINATION

We reserve the right in our sole discretion to refuse or terminate your access to our Services, Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us. If you have any questions about these T&C, please contact us.