Effective Date: July 1, 2026
Last Updated: July 1, 2026

1. INTRODUCTION AND ACCEPTANCE
Welcome to Total Body Performance ("TBP," "we," "us," or "our"), a chiropractic and wellness center licensed and operating in the State of Ohio. These Terms of Service ("Terms") govern your access to and use of our website (www.tbpchiropractic.com), mobile applications, and all clinical, fitness, and wellness services provided at our facility located at 416 Corwin-Nixon Blvd, South Lebanon, Ohio 45065.

TBP is owned and operated by a licensed Ohio chiropractic physician in accordance with Ohio Revised Code Chapter 4734 and Ohio Administrative Code Chapter 4734.

By accessing our website, scheduling an appointment, enrolling in a membership or care plan, or receiving any services from TBP, you ("Client," "Patient," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

2. DESCRIPTION OF SERVICES
Total Body Performance provides integrated chiropractic, performance, and wellness services in accordance with Ohio Revised Code §4734.15 (Scope of Practice of Chiropractic), including but not limited to:

Clinical Services
- Comprehensive health evaluations and consultations
- Chiropractic spinal and extremity adjustments
- Dry needling therapy (performed by licensed chiropractic physicians with appropriate training per Ohio State Chiropractic Board guidelines)
- Soft tissue therapies (IASTM, cupping, Active Release Technique, myofascial release)
- Kinesio-taping applications
- Orthopedic and neurological testing
- Functional movement assessments
- 3D Styku body composition scanning and analysis
- Blood laboratory diagnostics and analysis
- Blood Flow Restriction (BFR) training and therapy
- NormaTec compression therapy
- X-ray imaging for diagnostic purposes

Performance & Fitness Services
- Small group strength training classes
- Personal training sessions
- Performance assessments
- Sport-specific training programs
- Movement pattern correction

Recovery Services
- Recovery Zone access

Wellness Programs
- Nutrition consultations and recommendations regarding vitamins, minerals, supplements, and botanical substances (in accordance with ORC §4734.15(A)(2))
- Weight management programs
- Coordination with affiliated medical partners for hormone optimization (separate provider relationship)
- Corporate wellness programs

Scope of Practice Disclaimer
In accordance with Ohio law, TBP does not treat infectious, contagious, or venereal diseases; perform surgery; prescribe or administer dangerous drugs; or perform any services outside the scope of chiropractic practice as defined by ORC Chapter 4734.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

Age Requirements
You must be at least 18 years of age to use our services independently. Individuals under 18 may receive services with written parental or legal guardian consent and must be accompanied by a parent or guardian during treatment sessions, in accordance with Ohio Administrative Code §4734-9-02(O)(12).

Accurate Information
You agree to provide accurate, current, and complete information during registration, intake forms, and throughout your care. You are responsible for maintaining the accuracy of this information and must notify us promptly of any changes to your health status, contact information, or insurance coverage.

Pursuant to OAC §4734-8-04, we are required to maintain proper, accurate, and legible records documenting your care. Your cooperation in providing accurate information is essential to this requirement.

Account Security
If you create an online account through our patient portal or scheduling system, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

4. INFORMED CONSENT (PARQ CONFERENCE)

Ohio Informed Consent Requirements
In accordance with Ohio chiropractic standards, you have the right to informed consent regarding examination, therapy, and treatment procedures. Before receiving treatment, you will participate in a PARQ conference covering:
- P – Procedures: Explanation of examination, diagnosis, therapy, and treatment procedures
- A – Alternatives: Alternative options to examination or chiropractic treatment
- R – Risks: Risks and benefits associated with examination and/or chiropractic treatment
- Q – Questions: Opportunity to have any questions answered regarding examination or treatment

This informed consent conference will be documented in your patient record as required by Ohio regulations.

Clinical Services Consent
By receiving clinical services at TBP, you acknowledge that:
- You have been informed of the nature, risks, benefits, and alternatives to proposed treatments
- Chiropractic adjustments carry inherent risks including but not limited to: temporary soreness, muscle spasm, bruising, and in rare cases, more serious complications such as stroke, disc herniation, or fracture
- Dry needling carries risks including: temporary soreness, bruising, bleeding, nerve irritation, and infection (though sterile, disposable needles are always used per OAC §4734-8)
- Results are not guaranteed
- You have had the opportunity to ask questions and have them answered to your satisfaction
- You may withdraw consent and discontinue treatment at any time

Blood Flow Restriction (BFR) Therapy Consent and Contraindications
Blood Flow Restriction (BFR) therapy involves the use of specialized cuffs to partially restrict blood flow during exercise or treatment. By receiving BFR therapy, you acknowledge:

Contraindications (Red Flags – BFR should NOT be used if you have):
- History of deep vein thrombosis (DVT) or blood clots
- Pulmonary embolism
- Pregnancy
- Active cancer or tumors
- Open wounds, fractures, or surgical sites in the treatment area
- Severe hypertension (uncontrolled high blood pressure)
- Cardiac/cardiovascular disease or history of heart attack
- Sickle cell anemia or blood clotting disorders
- Lymphedema or compromised lymphatic system
- Peripheral vascular disease
- Current use of blood thinners (anticoagulants)

Precautions (Yellow Flags – Require medical clearance or modified protocols):
- Diabetes
- Varicose veins
- High blood pressure (controlled)
- Numbness or tingling in extremities
- Skin conditions or sensitivity in the treatment area
- History of fainting or dizziness
- Medications affecting blood pressure or circulation

Risks may include: temporary numbness, tingling, skin irritation, bruising, dizziness, delayed onset muscle soreness, and in rare cases, more serious vascular complications. You are responsible for disclosing all relevant medical conditions. TBP is not liable for complications arising from undisclosed contraindications or failure to follow treatment guidelines.

NormaTec Compression Therapy Consent and Contraindications
NormaTec compression therapy uses pneumatic compression devices to enhance circulation and recovery. By receiving NormaTec therapy, you acknowledge:

Contraindications (Red Flags – NormaTec should NOT be used if you have):
- Acute deep vein thrombosis (DVT) or blood clots
- Pulmonary embolism
- Acute pulmonary edema
- Acute congestive heart failure
- Acute thrombophlebitis
- Acute infections or inflammation in treatment area
- Open wounds, lesions, or tumors in treatment area
- Severe peripheral artery disease
- Untreated or infected bone fractures

Precautions (Yellow Flags – Require medical clearance or modified protocols):
- Pregnancy
- Diabetes with peripheral neuropathy
- Hypertension
- Skin sensitivity or dermatological conditions
- Recent surgery in treatment area
- Numbness or impaired sensation in extremities
- Anticoagulant therapy

Risks may include: temporary discomfort, skin irritation, bruising, numbness, and in rare cases, exacerbation of underlying vascular conditions. You are responsible for disclosing all relevant medical conditions. TBP is not liable for complications arising from undisclosed contraindications or failure to follow treatment guidelines.

Fitness and Training Consent
By participating in fitness activities at TBP, you acknowledge that:
- Physical exercise involves inherent risks of injury
- You are physically capable of participating in the activities selected
- You have disclosed all relevant health conditions and limitations
- You will immediately notify staff of any pain, discomfort, or unusual symptoms during activity

Assumption of Risk
You voluntarily assume all risks associated with receiving services at TBP, including risks arising from:
- The condition of the facility and equipment
- The actions of other clients
- Your own physical condition or failure to follow instructions
- Inherent risks of the activities in which you participate

5. APPOINTMENTS AND SCHEDULING

Booking Appointments
Appointments may be scheduled online through our website, via phone at 513-296-TBPC (8272), via email at info@tbpchiropractic.com, or in person at our facility.

Cancellation Policy
We require a minimum of 24 hours notice for appointment cancellations or rescheduling. Failure to provide adequate notice will result in:
- First occurrence: Warning notification
- Second occurrence: $50 late cancellation fee
- Third occurrence and beyond: Full session rate charged

No-Show Policy
Clients who fail to appear for scheduled appointments without notice ("no-shows") will be charged the full session rate. Repeated no-shows may result in:
- Requirement of prepayment for future appointments
- Suspension or termination of membership benefits
- Dismissal from care (with proper notice per Ohio regulations)

Late Arrivals
If you arrive late to your appointment, your session may be shortened to accommodate subsequent clients. The full session rate will still apply. Arrivals more than 15 minutes late may be considered a no-show at the provider's discretion.

6. MEMBERSHIP TERMS AND CONDITIONS

Membership Options
TBP offers the following membership tiers (subject to change):
- Concierge Membership – $100/month
- ALIGN Membership – $200/month
- ELEVATE Membership – $350/month
- TRANSFORM Membership – $500/month
- Unlimited TBP Group Strength – $197/month

Commitment Period
All memberships require a 12-month initial commitment period unless otherwise specified in writing.

Monthly Payments
- Membership fees are billed automatically on the same calendar date each month
- Payment is due regardless of service utilization
- Unused monthly benefits do not roll over to subsequent months unless explicitly stated
- A $25 late fee applies to payments not received within 5 days of the due date

Membership Benefits
- Benefits are non-transferable to other individuals
- Member pricing applies only to the enrolled individual
- Benefits must be redeemed within the applicable billing period
- Corporate or family memberships may have separate terms

Cancellation of Membership
- During Commitment Period: Memberships may only be cancelled for documented medical reasons, military deployment, or relocation more than 25 miles from our facility. A $250 early termination fee applies.
- After Commitment Period: 30 days written notice required for cancellation
- All outstanding balances must be paid before cancellation is processed
- Cancellation requests must be submitted in writing via email to info@tbpchiropractic.com or in person

Membership Freezes
Members may request a temporary freeze (up to 60 days per year) for medical reasons, extended travel, or other documented circumstances. Freeze requests require 14 days advance notice and may extend the commitment period by the duration of the freeze.

7. CARE PLANS AND PREPAYMENT PLANS

Ohio Regulatory Compliance
All care plans and prepayment arrangements comply with Ohio Administrative Code §4734-9-11, which governs prepayment plans for chiropractic services.

Care Plan Options
TBP offers structured care plans including:
- TBP MINI – 10 thirty-minute sessions
- TBP MAXX – Various session packages (5, 10, or 15 sixty-minute sessions)
- Specialty Programs (Low Back Program, Performance Programs, etc.)

Prepayment Plan Requirements (Per OAC §4734-9-11)
- Maximum Duration: No prepayment plan shall exceed 12 months in duration
- Documentation: A copy of the dated prepayment plan signed by both the patient and an employee witness shall be maintained in the patient's file
- All prepayment plans will be provided to you in writing before payment is collected

Payment Terms
- Paid-in-Full: Discounted rates available for upfront payment
- Payment Plans: Available with approved terms; all payments must be completed regardless of treatment completion
- Payment plan defaults may result in the remaining balance becoming immediately due

Care Plan Policies
- Care plans are designed for individual use and are non-transferable
- Sessions must be completed within 12 months of purchase (per Ohio regulations)
- Unused sessions are forfeited after the expiration period
- Refunds are not provided for unused sessions except in extraordinary circumstances at TBP's sole discretion

Program Modifications
Treatment protocols may be modified based on clinical findings, patient progress, or changes in condition. The treating chiropractic physician reserves the right to adjust care recommendations in the best interest of patient outcomes.

8. PRICING AND PAYMENT

Accepted Payment Methods
- Credit cards (Visa, MasterCard, American Express, Discover)
- Debit cards
- Cash
- Health Savings Accounts (HSA) and Flexible Spending Accounts (FSA)
- Approved financing through third-party providers

Pricing
- All prices are subject to change with 30 days notice
- Member pricing applies only to active members in good standing
- Promotional pricing is subject to specific terms and may not be combined with other offers
- Any free or discounted service offers will include required disclaimers per OAC §4734-9-02(D)

Insurance
TBP operates as a cash-based practice and does not bill insurance directly. We can provide superbills and documentation for clients wishing to seek reimbursement from their insurance carriers. Reimbursement is not guaranteed and is subject to individual policy terms.

Note: In accordance with OAC §4734-9-02(J), TBP does not advertise or offer to waive insurance deductibles or copayments except as specifically permitted by law.

Collections
Accounts with balances over 90 days past due may be referred to a third-party collection agency. You will be responsible for all collection costs, including reasonable attorney fees.

9. REFUND POLICY

General Policy
All sales are final. Due to the personalized nature of our services and care plans:
- Services rendered are non-refundable
- Prepaid packages and memberships are non-refundable
- Products (supplements, equipment) may be returned unopened within 14 days with receipt for store credit only

Exceptions
Refunds may be considered in extraordinary circumstances including:
- Documented medical conditions preventing safe participation
- Military deployment orders
- Death of the client

All exception requests must be submitted in writing with supporting documentation to info@tbpchiropractic.com and are subject to approval at TBP's sole discretion. Approved refunds will be prorated based on services rendered.

10. LIABILITY WAIVER AND RELEASE
To the fullest extent permitted by Ohio law, you agree to release, discharge, and hold harmless Total Body Performance, its owners, officers, employees, agents, contractors, and affiliates ("Released Parties") from any and all claims, demands, damages, costs, expenses, and causes of action arising from or related to:
- Your participation in any services, programs, or activities at TBP
- Your use of any equipment or facilities
- Any injury, illness, or harm sustained while on TBP premises or during TBP-related activities
- Any actions or omissions of the Released Parties except for gross negligence or willful misconduct

This release applies to claims arising from negligence, breach of contract, or any other legal theory, except where prohibited by Ohio law.

11. HEALTH AND SAFETY POLICIES

Health Screening
Clients are required to complete health intake forms honestly and thoroughly. You must disclose all known health conditions, medications, allergies, and contraindications. Failure to disclose relevant health information may result in injury for which TBP cannot be held responsible.

Illness Policy
For the health and safety of all clients and staff:
- Do not visit the facility if you have symptoms of contagious illness (fever, vomiting, diarrhea, active infections, etc.)
- Notify us as soon as possible if you become ill and need to cancel
- TBP reserves the right to refuse service to anyone displaying symptoms of contagious illness
- Illness-related cancellations made within 24 hours will not be charged a late fee (with reasonable notice)

Infection Control
In accordance with OAC §4734-8, TBP maintains strict infection control protocols including:
- Use of only sterile, disposable needles for dry needling procedures
- Adherence to universal blood and body fluid precautions
- Proper barrier techniques and disposal of materials
- Regular sanitization of equipment and treatment areas

Substance Use Policy
Clients may not be under the influence of alcohol, recreational drugs, or any substance that impairs judgment or physical ability while receiving services. TBP reserves the right to refuse service and terminate appointments without refund if substance impairment is suspected.

12. PATIENT RIGHTS AND TERMINATION OF CARE

Patient Rights
You have the right to:
- Informed consent regarding all examinations and treatments
- Access your medical records in accordance with ORC §§3701.74 to 3701.742
- Request copies of your records (copying fees may apply per Ohio law)
- Continuity of care once a doctor-patient relationship has been established
- Terminate the doctor-patient relationship at any time

Termination by Patient
You may terminate your care at any time by providing verbal or written notice. Upon termination, financial obligations for services rendered and prepayment plan balances remain due.

Termination by TBP
TBP may terminate the doctor-patient relationship for non-discriminatory reasons including but not limited to:
- Violation of these Terms or facility rules
- Non-payment or payment default
- Behavior that endangers the safety or comfort of others
- Failure to follow treatment recommendations resulting in safety concerns
- Any conduct deemed inappropriate at TBP's sole discretion

Patient Abandonment Protection: In accordance with Ohio chiropractic standards, TBP will not unilaterally terminate care without providing reasonable notice and opportunity for you to find alternative care, except in cases of immediate safety concerns or egregious conduct.

Right to Refuse Service
TBP reserves the right to refuse service to any individual for lawful, non-discriminatory reasons.

13. FACILITY RULES AND CONDUCT

Dress Code
- Appropriate athletic attire is required for fitness activities
- Closed-toe athletic shoes required in training areas
- Clinical appointments require clothing that allows access to treatment areas

Personal Belongings
TBP is not responsible for lost, stolen, or damaged personal property. Valuables should not be left unattended.

Code of Conduct
You agree to:
- Treat all staff and clients with respect and courtesy
- Follow facility rules and staff instructions
- Use equipment properly and safely
- Refrain from harassment, discrimination, or disruptive behavior
- Report any safety concerns or equipment malfunctions

Prohibited Conduct
The following are strictly prohibited:
- Harassment, threats, or abusive behavior toward staff or clients
- Recording photos, videos, or audio without written consent
- Soliciting or selling products/services to other clients
- Bringing weapons onto the premises
- Smoking or vaping anywhere on the property

14. INTELLECTUAL PROPERTY

TBP Content
All content on our website, marketing materials, treatment protocols, exercise programs, and educational materials is the property of Total Body Performance and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without written permission.

Client Content and Testimonials
In accordance with OAC §4734-9-02(Q), if you provide a testimonial:
- You must provide written consent as to the exact wording and proposed use
- Testimonials must be true and not false, fraudulent, deceptive, or misleading
- TBP will retain a copy of your consent for one year from the last date of publication

15. PHOTOGRAPHY, VIDEO, AND MEDIA

Clinical Documentation
TBP may capture photographs, videos, or 3D body scans for:
- Documenting your condition and tracking progress
- Treatment planning and clinical analysis
- Your personal health records
These images are part of your Protected Health Information and are governed by our Privacy Policy and HIPAA regulations.

Marketing and Promotional Use
Separate written consent is required for any use of your image, video, likeness, testimonial, or any identifying information for marketing purposes. You may decline such consent without affecting your access to services.

16. SUPPLEMENTS AND PRODUCT SALES

Authority to Recommend Products
In accordance with ORC §4734.15(A)(2), the treating chiropractic physician may recommend, sell, or provide advice regarding: vitamins, minerals, phytonutrients, antioxidants, enzymes, glandular extracts, botanical substances, herbal therapies, homeopathic remedies, and drugs available without a prescription.

Product Requirements
- All products sold are prepackaged for consumer use
- All products are labeled in accordance with state and federal law
- Product recommendations are suggestions only and are not required for treatment

Product Disclaimers
- Products sold at TBP have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease
- Consult with your physician before starting any supplement regimen
- TBP is not liable for adverse reactions to products used without proper guidance

17. THIRD-PARTY SERVICES AND PARTNERSHIPS

Affiliated Medical Providers
TBP coordinates with third-party medical providers for services including hormone optimization therapy. These providers operate independently under their own licenses and are not employees or agents of TBP. TBP is not responsible for their services, billing, or medical decisions.

Third-Party Links
Our website may contain links to third-party websites or services. TBP does not control and is not responsible for the content, privacy practices, or terms of these third parties.

18. MEDICAL RECORDS

Record Retention
In accordance with OAC §4734-8-04, TBP maintains patient records as follows:
- Active Patients: Records maintained on-site
- Former Patients: Records maintained for a minimum of 5 years after the last date of treatment
- Minor Patients: Records maintained until 2 years after the patient's 18th birthday OR 5 years after the last treatment, whichever is longer
- Records Involving Legal Proceedings: Maintained for 2 years beyond the conclusion of legal proceedings, or 5 years from last treatment, whichever is longer
- X-rays: Maintained for 5 years (minors: 2 years after 18th birthday or 5 years, whichever is longer)

Access to Records
You have the right to examine and obtain copies of your medical records pursuant to ORC §§3701.74 to 3701.742. Requests should be submitted in writing. Reasonable copying fees may apply as permitted by Ohio law.

Record Security
All patient records are maintained in a safe, confidential, and secure location. Records are destroyed in a confidential manner (shredding or secure deletion) when retention periods expire.

19. MODIFICATIONS TO SERVICES AND TERMS

Service Modifications
TBP reserves the right to modify, suspend, or discontinue any service, program, or membership offering at any time with reasonable notice to affected clients.

Terms Modifications
We may update these Terms at any time. Material changes will be communicated via email or posted on our website. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

20. DISPUTE RESOLUTION

Informal Resolution
Before initiating any formal dispute, you agree to contact TBP at info@tbpchiropractic.com to attempt to resolve the matter informally within 30 days.

Governing Law
These Terms are governed by the laws of the State of Ohio, including ORC Chapter 4734 and OAC Chapter 4734, without regard to conflict of law principles.

Jurisdiction
Any legal action arising from these Terms shall be brought exclusively in the courts of Warren County, Ohio, and you consent to personal jurisdiction in such courts.

Limitation of Liability
To the maximum extent permitted by Ohio law, TBP's total liability for any claims arising from your use of services shall not exceed the total amount you paid to TBP in the 12 months preceding the claim.

21. REGULATORY COMPLIANCE

Ohio State Chiropractic Board
TBP operates under the jurisdiction of the Ohio State Chiropractic Board and complies with all applicable provisions of:
- Ohio Revised Code Chapter 4734
- Ohio Administrative Code Chapter 4734

Complaints
If you have concerns about the chiropractic services provided, you may file a complaint with:
Ohio State Chiropractic Board
77 South High Street, 16th Floor
Columbus, Ohio 43215
Phone: (614) 644-7032
Website: https://chirobd.ohio.gov

22. GENERAL PROVISIONS

Entire Agreement
These Terms, together with our Privacy Policy, Notice of Privacy Practices, and any signed agreements, constitute the entire agreement between you and TBP.

Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment
You may not assign your rights or obligations under these Terms. TBP may assign its rights and obligations without restriction.

23. CONTACT INFORMATION

Total Body Performance
Chiropractic and Wellness Center
Address: 416 Corwin-Nixon Blvd, South Lebanon, Ohio 45065
Phone: 513-296-TBPC (8272)
Email: info@tbpchiropractic.com
Website: www.tbpchiropractic.com
Facebook: facebook.com/tbpchiropractic
Instagram: @tbpchiropractic

For questions regarding these Terms of Service, please contact us at the information provided above.

© 2026 Total Body Performance. All rights reserved.
Total Body Performance is a chiropractic practice operating in accordance with Ohio Revised Code Chapter 4734.