Terms of Service

Agreement to Terms

By scheduling a session, participating in Move Well Days events, or using any services provided by Joel Aumakua ("Provider," "I," "me," or "my"), you ("Client," "you," or "your") agree to be bound by these Terms of Service, along with the Disclaimer and Privacy Policy incorporated herein by reference.

If you do not agree to these terms in their entirety, you must not use my Services.

Services Provided

I provide in-home assisted stretch therapy, mobility training, and Move Well Days group wellness events in the Tampa Bay area (collectively, "Services"). Services are designed to improve flexibility, reduce tension, and enhance overall mobility.

These Services are for general wellness purposes only and do not constitute medical treatment, physical therapy, chiropractic care, massage therapy, or any licensed healthcare practice. Please refer to the Disclaimer for complete health-related terms.

Eligibility

By using my Services, you represent and warrant that:

• You are at least 18 years of age, or have obtained parental/guardian consent
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from receiving these Services under applicable law
• You have consulted with a healthcare provider if you have any medical concerns

Booking & Scheduling

Sessions are scheduled by appointment only. By booking a session, you confirm that:

• You have provided accurate contact and location information
• You will be available at the scheduled time and location
• You have disclosed any relevant health conditions, injuries, surgeries, or physical limitations
• You understand that failure to disclose relevant health information may result in injury for which I am not liable

I reserve the right to refuse service to anyone for any reason, including safety concerns or inability to accommodate specific needs.

Cancellation & Rescheduling Policy

24-Hour Notice Required: Please provide at least 24 hours notice for cancellations or rescheduling.

• Late Cancellations (less than 24 hours): Subject to a cancellation fee of up to 50% of the session price
• No-Shows: Subject to a fee of up to 100% of the session price
• Repeated Late Cancellations: May affect future booking availability or require prepayment
• Move Well Days Events: Cancellation terms are established in the event agreement with the hosting organization

I understand emergencies happen and will work with you on a case-by-case basis for genuine emergencies.

Payment Terms

• Payment is due at the time of service unless otherwise arranged in writing
• Accepted payment methods: Cash, Venmo, Zelle, or other methods communicated at booking
• Package deals must be paid in full before the first session
• Packages are non-refundable but may be transferable with prior approval
• Prices are subject to change with 30 days notice; existing package holders are not affected
• Move Well Days event pricing is established in separate agreements with hosting organizations

Client Responsibilities

As a client, you agree to:

• Provide a clean, safe, and appropriate space for in-home sessions (adequate room, stable flooring, climate control)
• Secure pets during sessions to ensure safety for both parties
• Wear comfortable, appropriate clothing suitable for stretching
• Arrive hydrated and avoid heavy meals immediately before sessions
• Communicate any discomfort, pain, or concerns immediately during the session
• Inform me of any changes to your health status before each session
• Follow any recommended guidelines or exercises between sessions at your own discretion and risk

Move Well Days & Group Events

Additional terms for Move Well Days and group events:

• Hosting organizations are responsible for venue safety, participant waivers, and ensuring participants are medically cleared
• Participants must complete any required waivers or health disclosure forms
• Event modifications: I reserve the right to modify exercises or activities based on participant needs or safety concerns
• Minimum participation: Events may require minimum participant numbers; specific terms are established in the event agreement
• Organizational indemnification: Hosting organizations agree to indemnify me against claims arising from venue conditions or organizational negligence

Professional Conduct & Boundaries

All sessions are conducted in a professional manner with appropriate physical boundaries. I reserve the right to immediately terminate any session if:

• Inappropriate behavior, comments, or requests occur
• The client appears to be under the influence of drugs or alcohol
• The environment is deemed unsafe
• The client refuses to follow safety instructions

Terminated sessions are non-refundable, and I reserve the right to decline future bookings.

Assumption of Risk & Waiver

By using my Services, you acknowledge that physical activity carries inherent risks, including but not limited to muscle strain, soreness, sprains, falls, or aggravation of pre-existing conditions. You voluntarily assume all risks associated with participation.

You agree to release, waive, and discharge Joel Aumakua from any and all liability, claims, or demands arising from your participation in Services. Please refer to the Disclaimer for complete liability terms.

Limitation of Liability

To the fullest extent permitted by law:

• I shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• My total liability for any claim shall not exceed the amount you paid for the specific session or event giving rise to the claim
• I am not liable for injuries caused by venue conditions, equipment provided by others, or actions of other participants
• I am not liable for results that do not meet your expectations

Indemnification

You agree to indemnify, defend, and hold harmless Joel Aumakua from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your participation in Services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Any misrepresentation regarding your health status

Intellectual Property

All content on this website, including text, images, logos, and videos, is the property of Joel Aumakua and is protected by copyright and trademark laws. You may not reproduce, distribute, or use any content without prior written permission.

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Pinellas County, Florida. You consent to the personal jurisdiction of such courts.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Entire Agreement

These Terms, together with the Disclaimer and Privacy Policy, constitute the entire agreement between you and Joel Aumakua regarding the Services and supersede all prior agreements, understandings, or representations.

Modifications to Terms

I reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated revision date. Material changes will be communicated via email or website notice. Continued use of my Services after any changes constitutes acceptance of the new Terms.

Contact

If you have questions about these Terms of Service, please contact me at jvaumakua@gmail.com or call 727.666.0384.