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Terms of Service

Terms of Service

Last Updated: April 20, 2026
Effective Date: [TO BE SET BY ATTORNEY]

These Terms of Service (“Terms“) govern your access to and use of the website located at elevatebiowellness.com (the “Site“), the facility located at 25115 Gosling Road, Suite 102, Spring, TX 77389 (the “Facility“), and all related services, memberships, products, bookings, and communications offered by Elevate BioWellness (“Elevate BioWellness,” “we,” “our,” or “us“) (collectively, the “Services“).

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER (SECTION 16) THAT AFFECT YOUR LEGAL RIGHTS.

By accessing the Site, booking a service, purchasing a membership, or otherwise using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old to create an account, book services, or purchase memberships. Minors may receive services only with the written consent and in-person accompaniment of a parent or legal guardian, subject to applicable law and our intake requirements.

2. Not Medical Advice; Wellness Services Only

Elevate BioWellness provides wellness, relaxation, and personal-care services, which may include red light therapy, hyperbaric chamber sessions, infrared sauna, cold plunge, PEMF, vibration plate therapy, lymphatic compression, IV drip therapy, esthetician services, and similar offerings. These Services are not a substitute for medical diagnosis, treatment, or care from a licensed physician or other qualified healthcare provider.

Nothing on the Site or provided in connection with the Services is intended to diagnose, treat, cure, or prevent any disease. Statements about wellness benefits have not been evaluated by the U.S. Food and Drug Administration. Individual results vary. Always consult your physician before starting any wellness program, especially if you are pregnant, nursing, taking medication, or have a medical condition.

IV therapy and any services involving the introduction of substances into the body are provided under the oversight of a licensed medical director and administered by appropriately licensed personnel. Eligibility for IV and similar services is subject to medical screening and the clinical judgment of our licensed staff, who may decline or modify service at any time.

3. Informed Consent and Health Screening

Before receiving certain Services, you must complete an intake form and sign a service-specific informed consent. You represent that all information you provide is accurate and complete. You must disclose any medical condition, medication, pregnancy, implant, or other factor that could affect the safety of the Service. Failure to disclose may result in refusal of service and does not relieve you of liability for any resulting harm.

4. Appointments, Cancellations, and No-Shows

  • Booking: appointments may be booked online, by phone, or in person. A valid payment method may be required to hold an appointment.
  • Cancellation window: cancellations made at least 24 hours before the scheduled appointment may be rescheduled at no charge.
  • Late cancellations and no-shows: cancellations within 24 hours or missed appointments may be charged up to the full service price (or one session deducted from a package/membership), at our discretion.
  • Late arrival: if you arrive late, your session may be shortened to accommodate other clients and the full fee will apply.

Specific policies for particular services or memberships may be disclosed at booking and are incorporated by reference.

5. Memberships and Auto-Renewal

Membership plans renew automatically on a recurring basis (e.g., monthly) until cancelled. By enrolling, you authorize Elevate BioWellness and our payment processor to charge your payment method the then-current membership fee plus applicable taxes on each renewal date.

  • Cancellation: you may cancel your membership at any time by [contacting us / using the client portal]; cancellation requires at least [X] days’ notice before the next renewal date to avoid the upcoming charge.
  • No refunds on prior charges: cancellation stops future renewals but does not entitle you to a refund of amounts already paid except as required by law.
  • Price changes: we may change membership pricing; we will notify you in advance as required by applicable law, and price changes take effect at the next renewal.
  • Unused sessions: monthly membership sessions generally do not roll over unless expressly stated in the membership terms.
  • Freeze: where available, membership freeze policies are disclosed at enrollment.

Texas residents: this enrollment constitutes notice of an automatic renewal consistent with Texas Business & Commerce Code § 17.306.

5A. SMS Communications

5A.1 SMS Use Cases

Elevate BioWellness may send SMS messages for the following purposes:

  • Appointment management: confirmations, reminders, reschedule notices, post-visit follow-ups.
  • Membership account: billing alerts, renewal notices, account changes, freeze and pause confirmations.
  • Customer care: responses to questions, customer support follow-up.
  • Marketing and promotional: special offers, new services, seasonal promotions, reactivation outreach (only with your express opt-in consent).

5A.2 SMS Opt-In

You may opt in to receive SMS from Elevate BioWellness by checking the SMS consent checkbox on a web form on our Site, by signing an in-store consent form, by verbally consenting at the point of booking and confirming via SMS reply, or by replying START, YES, or BOOK to one of our SMS messages. SMS consent is never required as a condition of purchasing any product or service.

5A.3 SMS Opt-Out

You may opt out of any non-transactional SMS at any time by replying STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to any message we send. We will send a final confirmation that you have been unsubscribed. After opt-out, you will no longer receive marketing SMS, although you may continue to receive transactional messages tied to existing appointments or membership obligations.

5A.4 Help and Customer Support for SMS

Reply HELP or INFO to any SMS message to receive Elevate BioWellness contact information and assistance. You may also reach our customer support team for SMS-related questions at:

Elevate BioWellness – Customer Support
Email: support@elevatebiowellness.com
Phone: (346) 331-4122
Address: 25115 Gosling Road, Suite 102, Spring, TX 77389

5A.5 Message Frequency

Message frequency varies by message type and your interaction with our Services. Most clients receive 2-8 messages per month across all categories.

5A.6 Message and Data Rates

Message and data rates may apply. The cost of any text messages or data usage is determined by your wireless carrier and is your responsibility. Elevate BioWellness does not charge a fee to receive SMS, but standard messaging rates from your carrier apply.

5A.7 Carrier Liability Disclaimer

Wireless carriers (including but not limited to AT&T, T-Mobile, Verizon, US Cellular, and their affiliates) are not liable for delayed or undelivered SMS messages. Elevate BioWellness uses commercially reasonable efforts to deliver SMS, but does not guarantee delivery, and is not responsible for issues caused by your carrier, device, or network conditions.

5A.8 Age Restriction

You must be at least 18 years old to opt in to our SMS program. SMS consent from minors will be removed from our system promptly upon discovery.

5A.9 Privacy

For complete details on how we collect, use, share, and protect mobile information including SMS opt-in data, see our Privacy Policy, particularly Section 6 (“Text Messages (SMS) and Email”). No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

5A.10 TCPA Compliance

Our SMS program is operated in compliance with the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, and applicable carrier requirements.

6. Payments and Fees

All fees are in U.S. dollars and exclude applicable taxes unless stated otherwise. You are responsible for all charges incurred under your account. If a payment is declined, we may suspend Services until payment is resolved. We may use a third-party PCI-DSS-compliant processor to handle payments; your use of payment services is subject to the processor’s terms.

7. Gift Cards, Packages, and Promotions

Gift cards and pre-paid service packages are non-refundable and non-transferable except where required by law. Promotional offers are subject to the terms stated at the time of the offer, may not be combined with other discounts, and may have expiration dates.

8. Facility Rules and Code of Conduct

While at the Facility, you agree to:

  • Follow staff instructions and posted safety rules;
  • Respect other clients and staff; harassment, threats, or disruptive behavior will result in removal;
  • Not attend under the influence of alcohol or unlawful drugs;
  • Not photograph or record other clients or staff without consent;
  • Properly use equipment and report damage or safety concerns promptly.

We reserve the right to refuse or discontinue Services to any person whose conduct is unsafe, unlawful, or harmful to other clients, staff, or the Facility.

9. Assumption of Risk

You acknowledge that wellness services, including but not limited to cold plunge, hyperbaric chamber, infrared sauna, IV therapy, PEMF, and similar modalities, involve inherent risks. Risks include, without limitation, adverse reaction, bruising or soreness, injury, illness, and equipment-related incidents. You voluntarily assume all such risks. Separate written releases and informed consents may apply to specific Services and are incorporated by reference.

10. Intellectual Property

The Site and its content, including text, graphics, logos, images, videos, and software, are owned by or licensed to Elevate BioWellness and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, or create derivative works without our prior written consent.

11. User Content and Reviews

If you submit reviews, testimonials, photos, or other content (“User Content“) to us or through the Site, you grant Elevate BioWellness a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, display, and distribute the User Content for any lawful purpose, including marketing. You represent that you have all necessary rights to the User Content and that it does not violate any third-party rights or law.

12. Third-Party Links and Services

The Site may link to third-party websites or services. We are not responsible for the content, policies, or practices of third parties. Access is at your own risk.

13. Prohibited Conduct

You agree not to:

  • Use the Services for unlawful purposes;
  • Misrepresent your identity or provide false information;
  • Attempt to gain unauthorized access to any system or account;
  • Interfere with or disrupt the Site, including by introducing malware;
  • Scrape, harvest, or otherwise collect information from the Site by automated means; or
  • Use the Services to harass, defame, or harm any person.

14. Disclaimers

THE SERVICES AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVATE BIOWELLNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the Services will be uninterrupted, error-free, or produce any particular result.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELEVATE BIOWELLNESS OR ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages; in such jurisdictions, the above limitations apply only to the extent permitted by law. Nothing in these Terms limits liability for gross negligence, willful misconduct, or any liability that cannot be limited under applicable law.

16. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Informal resolution. Before filing any claim, you agree to contact us at support@elevatebiowellness.com and attempt in good faith to resolve the dispute for at least 30 days.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (“Dispute“) that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Harris County, Texas, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class-action waiver. YOU AND ELEVATE BIOWELLNESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Exceptions. Either party may bring a claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property rights.

Opt-out. You may opt out of this arbitration provision by sending written notice to the address in Section 21 within 30 days of first accepting these Terms. Opting out will not affect any other provisions of these Terms.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Subject to Section 16, any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction there.

18. Indemnification

You agree to defend, indemnify, and hold harmless Elevate BioWellness and its owners, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your (a) violation of these Terms, (b) violation of any law or third-party right, or (c) misuse of the Services.

19. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination (including Sections 10, 14–18, and 20–22) will survive.

20. Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date reflects the most recent changes. Material changes will be communicated through the Site or by other reasonable means. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance.

21. Notices

Notices to us must be sent to:

Elevate BioWellness
25115 Gosling Road, Suite 102
Spring, TX 77389
Email: support@elevatebiowellness.com
Phone: (346) 331-4122

22. Miscellaneous

These Terms, together with the Privacy Policy and any service-specific consents, constitute the entire agreement between you and Elevate BioWellness regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them at any time. Headings are for convenience only.

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