Terms of Service

Introduction

TheBodyMechanic L.L.C., doing business as Diskarte (“Diskarte,” the “Company,” “we,” “our,” or “us”), owns and operates this website (the “Site”) and provides the in-person physical therapy, online coaching, and digital training programs described on it (the “Services”). These Terms of Service (“Terms”) govern your use of the Site and the Services.

By using the Site, booking a consultation or session, or purchasing any Service, you confirm that you have read, understood, and agree to these Terms. If you do not agree, please do not use the Site or the Services. We may update these Terms as described in the “Changes to These Terms” section below.

These Terms include an agreement to resolve disputes through individual arbitration and a waiver of class actions. Please read the “Dispute Resolution” sections carefully.

1. Important Notices and Medical Disclaimer

Content on the Site, including articles, videos, and general guidance, is for informational purposes only. It is not a substitute for an individual evaluation, diagnosis, or treatment by a qualified healthcare professional. Always consult your physician or another qualified provider about a medical condition before making healthcare decisions, and never ignore or delay professional advice because of something you read on the Site.

If you think you may be having a medical emergency, call 9-1-1 or go to the nearest emergency room immediately. Diskarte does not provide emergency care.

A clinician-patient relationship is formed only once you complete intake and an evaluation with one of our licensed clinicians. Browsing the Site, contacting us, or attending a free consultation does not create that relationship on its own.

2. Our Services

Diskarte offers:

• One-on-one, in-person physical therapy, rehabilitation, and performance sessions in the Los Angeles, CA area, including at partner facilities and, by arrangement, at your home, gym, or team facility, and, as our team grows, in New Jersey and New York through clinicians licensed in those states;
• One-on-one online coaching, delivered remotely;
• Pre-made, self-guided digital training programs delivered as downloadable PDFs; and
• Specialty services delivered by clinicians on our team with the relevant training and, where required, certification.

Online coaching and digital programs are fitness, performance, and wellness services. Unless your clinician tells you otherwise in writing, they are not physical therapy treatment and are not a substitute for an in-person evaluation.

3. Licensure and Where We Provide Care

Physical therapy is a licensed profession regulated state by state, and the law that applies is generally the law of the state where the patient is located during each session, including sessions held by video.

• Ethan is licensed as a physical therapist in California.
• Clinicians on our team who hold licenses in other states, such as New Jersey or New York, provide care only to patients located in the states where they are licensed. Each clinician's licensure is available on request.
• We provide physical therapy, in person or by telehealth, only to patients who are physically located in a state where their treating clinician is licensed or otherwise legally authorized to practice. If you will be traveling or relocating, tell us before your session so we can confirm we can continue your care.
• Online coaching and digital training programs are fitness and wellness services, not physical therapy, and do not include diagnosis or treatment of any condition.
• In California you may see a physical therapist without a referral. California law limits treatment without a physician's or podiatrist's approval of the plan of care to 45 days or 12 visits, whichever comes first, except for wellness services. If you need more, or if your symptoms call for care outside a physical therapist's scope, we will refer you to an appropriate provider.

4. Telehealth

Some care may be offered by secure video. Before any telehealth session, your clinician will explain how it works and ask for your consent, which we document. Telehealth has limits (for example, no hands-on treatment), and you may ask to switch to in-person care at any time where available. Please join from a private, safe space with room to move.

5. Eligibility and Minors

You must be at least 18 years old to book or purchase Services on your own. Clients under 18 may receive Services only with the written consent of a parent or legal guardian, who agrees to these Terms on the minor's behalf and, where we require it, attends or is available during sessions.

6. Your Health Information and Assumption of Risk

You agree to give us complete and accurate information about your health history, injuries, medications, and medical clearances, and to tell us promptly about any change. We rely on that information to plan safe care.

Physical therapy, exercise, and training involve physical exertion and carry an inherent risk of soreness, injury, and, in rare cases, serious harm. You participate voluntarily, understand these risks, and agree to stop and tell your clinician immediately if you feel pain, dizziness, or discomfort beyond what was discussed. You may decline any technique or exercise at any time.

We do not promise or guarantee any specific outcome. Results depend on many factors outside our control, including your history, consistency, and how your body responds.

7. Appointments, Cancellations, and No-Shows

• Consultations and sessions are booked through our scheduling tools and confirmed by email.
• For in-person sessions, please give at least 24 hours' notice to cancel or reschedule. Cancellations with less than 24 hours' notice may be charged a $75 fee, and a missed appointment without notice may be charged the full session fee.
• Cancellation terms for online coaching vary by service and are provided when you sign up.
• If we need to cancel or reschedule, we will give you as much notice as we can and will not charge you for that session.

8. Fees and Payment

We are a cash-based practice and do not bill insurance or provide superbills. Fees are discussed with you and agreed before you purchase a Service. By providing a card or other accepted payment method (“Payment Method”), you authorize us, or our payment processor, to charge it for the agreed fees and any applicable taxes.

If a Payment Method cannot be verified or a charge does not go through, we may pause or cancel the related Service until the issue is resolved, and you remain responsible for any unpaid amounts.

Recurring plans. If you choose a plan that renews automatically (such as monthly online coaching), we will clearly show the price, billing frequency, and how to cancel before you agree, ask for your affirmative consent, and send you a confirmation you can keep. You can cancel online at any time, with no need to call, and cancellation takes effect at the end of the current billing period.

Price changes. If we change the price of a recurring plan, we will tell you in advance, before the new price applies to you. The new price will take effect only with your consent. If you do not consent, you can cancel before the change, and you will not be charged the new price.

9. Refunds

Refunds are governed by our Refund & Cancellation Policy, found in our FAQ. Digital programs are non-refundable once delivered. If you have a concern about a charge, please contact us at ethan@diskarteperformance.com before disputing it with your bank so we can resolve it directly.

10. Privacy

Our Privacy Policy explains how we collect, use, and share information through the Site. Health information you share as a client is handled under our separate Notice of Privacy Practices, which you receive at intake, and applicable law.

11. Prohibited Uses

You may use the Site and Services only for lawful purposes. You agree not to:

• Violate any applicable law or regulation;
• Misrepresent your identity, health history, or medical clearance;
• Impersonate Diskarte, a member of our team, or anyone else;
• Post or transmit content that is unlawful, harmful, harassing, defamatory, obscene, or infringing;
• Send advertising or promotional material through the Site's forms;
• Copy, resell, or share paid programs or other Site content without our written permission;
• Use bots, scrapers, or other automated means to access, monitor, or copy the Site;
• Introduce viruses or other harmful code, attempt to gain unauthorized access to the Site or its servers, or otherwise interfere with how the Site works; or
• Use the Site in any way that could harm minors, our clients, or us.

12. Ownership and License

The Site and everything on it, including text, photos, videos, graphics, design, programs, and workout content (“Content”), are owned by TheBodyMechanic L.L.C. or its licensors and are protected by intellectual property laws.

Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable license to view the Site and to use any program or material you purchase for your own personal, non-commercial use. You may not reproduce, distribute, modify, publicly display, sell, or create derivative works from any Content except as these Terms allow or we approve in writing. All rights not expressly granted are reserved.

13. Trademarks

Diskarte, The Long Game™, our logos, and related names and designs are trademarks of TheBodyMechanic L.L.C.. You may not use them without our written permission. Other names and logos on the Site, including those of clients, teams, and organizations we have worked with, belong to their respective owners and do not imply endorsement.

14. Your Submissions, Testimonials, and Feedback

When you send us messages, questions, reviews, or suggestions through the Site or by email (“Submissions”), you confirm that they do not violate anyone else's rights and that you have the right to share them. Please do not include detailed health information in website forms; we will collect what we need securely at intake.

You allow us to use feedback and suggestions to operate and improve our Services. We publish client names, photos, videos, testimonials, or stories only with that client's written consent, and you may withdraw consent for future use at any time by contacting us.

15. Photography and Video During Sessions

We sometimes film or photograph sessions to create educational and marketing content, such as our website, social media, and videos. This happens only with your separate, signed written consent, which is never a condition of receiving care.

• Before any filming, we will ask you to sign a media consent and authorization form that explains what will be captured, how and where it may be used, and for how long. For clients under 18, a parent or legal guardian must sign.
• You can choose what you are comfortable with (for example, no face, no name, or no mention of your condition), and you can ask us to stop filming at any time.
• You may withdraw your consent for future use at any time by emailing ethan@diskarteperformance.com. We will stop using the content in new materials and remove it from channels we control where reasonably possible. Content already published or shared by others may not be fully retrievable.
• We do not pay clients for appearing in content unless agreed in writing, and we do not alter images to misrepresent results.

Video recorded for your care (for example, to analyze your movement) is part of your clinical record and is never used for marketing without your separate written authorization.

16. Consent to Electronic Communications

By giving us your email address or phone number, you agree to receive communications from us electronically, including appointment confirmations and reminders, payment receipts, program delivery, and other service messages. These communications satisfy any legal requirement that they be in writing. Message and data rates may apply to texts.

With your consent, we may also send occasional news and offers. You can opt out of promotional messages at any time using the unsubscribe link or by replying STOP to a text. We do not sell or share your contact information with third parties for their own marketing.

17. Third-Party Services and Links

We use trusted third parties to run parts of our business, such as scheduling (Google Calendar and Google Meet), payments (Stripe), online coaching (TrueCoach), and email. The Site may also link to other websites. Your use of those services is subject to their own terms and privacy policies. We are not responsible for third-party content or availability, and a link is not an endorsement.

18. Accounts on Third-Party Platforms

Some Services, such as online coaching, are delivered through an account on a third-party platform. You are responsible for keeping your login details confidential, for activity under your account, and for telling us promptly at ethan@diskarteperformance.com if you believe your account has been used without permission.

19. Accuracy and Changes to Services

We work to keep the Site accurate and current, but descriptions, availability, and other information may contain errors or change without notice. We may add, change, pause, or stop offering any Service. We may decline any booking or purchase, and if we cancel something you have already paid for and that has not been delivered, we will refund you.

20. Termination

We may suspend or end your access to the Site or any Service, with or without notice, if we reasonably believe you have violated these Terms or if continuing care would not be safe or appropriate. Where we end clinical care, we will do so in line with our professional obligations, including referring you elsewhere when appropriate. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) survive termination.

21. Disclaimer of Warranties

To the fullest extent permitted by law, the Site and its Content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not guarantee that the Site will be uninterrupted, secure, or free of errors or harmful code. Nothing in this section limits any duty of care we owe you as licensed healthcare providers under applicable law.

22. Limitation of Liability

To the fullest extent permitted by law, TheBodyMechanic L.L.C. and its owners, clinicians, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising out of or related to your use of the Site or Services.

To the fullest extent permitted by law, our total liability for any claim related to the Site or Services will not exceed the greater of $100 or the amount you paid us for the specific Service giving rise to the claim in the twelve months before it arose. Some jurisdictions do not allow certain limitations, so some of these may not apply to you. This section applies to your use of the Site and our non-clinical services. It does not limit liability for professional negligence in clinical care, for fraud, gross negligence, or willful misconduct, or any other liability that cannot be limited by law.

23. Indemnification

You agree to defend, indemnify, and hold harmless TheBodyMechanic L.L.C. and its owners, clinicians, employees, and contractors from claims, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the Site or Content, or your violation of the Prohibited Uses in Section 11 of these Terms, or your violation of any law or third-party right. We may take over the defense of any such matter at our own expense, and you agree to cooperate with us.

24. Dispute Resolution: Informal Resolution First

Most concerns can be resolved quickly by talking to us. Before starting any formal proceeding, you agree to email ethan@diskarteperformance.com with a description of the issue and the outcome you are seeking, and to give us 30 days to try to resolve it informally.

25. Arbitration Agreement

If we cannot resolve a dispute informally, you and Diskarte agree that any claim arising out of or relating to these Terms, the Site, or the Services will be resolved by binding arbitration on an individual basis, rather than in court, except that either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive relief in court to stop infringement or misuse of intellectual property.

This arbitration agreement does not cover claims of professional negligence (malpractice) arising from clinical care. Any agreement to arbitrate those claims would be made only in a separate written agreement that meets the requirements of California Code of Civil Procedure Section 1295 and that you are free to decline.

Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, held in Los Angeles County or by video, and governed by the Federal Arbitration Act. The arbitrator may award the same individual relief a court could. If any part of this section is found unenforceable, that part will be severed and the rest will remain in effect.

26. Class Action Waiver

To the extent permitted by law, you and Diskarte each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.

27. Time Limit to Bring Claims

To the extent permitted by law, any claim arising out of or relating to these Terms or the Site must be brought within one year after it arises, or it is permanently barred. This does not shorten any time limit that law requires to be longer, including for claims related to professional services.

28. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Subject to the arbitration agreement above, any court proceeding will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to their jurisdiction.

29. Users Outside the United States

The Site is operated from California for clients in the United States. In-person Services are available only where our clinicians practice, as described in the Licensure section above. If you access the Site or purchase online Services from outside the United States, you do so on your own initiative and are responsible for complying with local laws.

30. Changes to These Terms and the Site

We may update these Terms from time to time. When we do, we will update the “Last updated” date above and, for material changes, make reasonable efforts to notify active clients by email. Changes take effect when posted unless the law requires otherwise. Continuing to use the Site or Services after changes are posted means you accept them. We may also change, suspend, or discontinue any part of the Site at any time.

31. General Terms

• Entire agreement. These Terms, together with our Privacy Policy, Refund & Cancellation Policy, and any intake or consent forms you sign, are the entire agreement between you and Diskarte about their subject matter.
• Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the rest will remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours in connection with a merger, sale, or reorganization of our business.
• No agency. These Terms do not create any partnership, joint venture, employment, or agency relationship.
• Notices. We may send notices to the email address you gave us; they are considered received on the day they are sent.
• Headings. Section headings are for convenience only.

32. Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be reached in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210. Concerns about a licensed physical therapist may also be directed to the Physical Therapy Board of California.

33. Contact

Questions about these Terms? Email us at ethan@diskarteperformance.com.