Last modified:
April 12, 2022
These terms of use are entered into by and between You and Rachel Pope, PLLC (“Company,” “we,” or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://rachelpope.co, including any content, functionality and services offered on or through https://rachelpope.co (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://rachelpope.co/legal, incorporated herein by reference.
If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: rachel@rachelpope.co.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
WHILE THE WEBSITE’S PRIMARY CONTRIBUTOR, RACHEL POPE, IS A PHYSICAL THERAPIST AND WELLNESS PROFESSIONAL, YOUR USE OF THIS WEBSITE DOES NOT ESTABLISH OR CREATE ANY KIND OF THERAPIST-CLIENT OR PATIENT RELATIONSHIP WITH RACHEL POPE AND NEITHER THE COMPANY NOR RACHEL POPE SHALL BE HELD LIABLE FROM ANY INJURY OR DAMAGE RESULTING FROM YOUR RELIANCE AND USE OF THE INFORMATION PRESENTED ON THE WEBSITE.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Vermont in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Vermont without giving effect to any choice or conflict of law provision or rule (whether of the State of Vermont or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Vermont although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and RunYogaTherapy, PLLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
This website is operated by Rachel Pope, PLLC, 507 Sunset Drive, Morgan, Vermont 05853. All feedback, comments, requests for technical support, notices of copyright infringement and other communications relating to the Website should be directed to: rachel@rachelpope.co.
Last modified:
April 12, 2022
Rachel Pope, PLLC (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website https://rachelpope.co (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
On this Website.
In email, text, and other electronic messages between you and this Website.
It does not apply to information collected by:
Us offline or through any other means, including on any other website operated by Company or any third party; or
Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at: rachel@rachelpope.co
We collect several types of information from and about users of our Website, including information:
By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
That is about you but individually does not identify you; and/or
About your internet connection, the equipment you use to access our Website, and usage details.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and web beacons.
The information we collect on or through our Website may include:
Information that you provide by filling in forms on our Website. We may also ask you for information when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk.
Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Please be aware that while we strive to protect the confidence of the information that you provide to us, no security measures we may implement are perfect or impenetrable.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We may disclose personal information that we collect or you provide as described in this privacy policy:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of RunYogaTherapy, PLLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by RunYogaTherapy, PLLC about our Website users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of RunYogaTherapy, PLLC , our customers, or others.
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
To ask questions or comment about this privacy policy and our privacy practices, contact us at: rachel@rachelpope.co.
Last modified:
October 22, 2023
Financial & Billing Terms.
Physical Therapy Clients: Rachel Pope, PLLC operates its business using a cash-based model. What this means is that Rachel Pope, PLLC is NOT a participating provider with insurance companies and that all charges assessed to you by Rachel Pope, PLLC are your responsibility and shall be due and payable in advance of your appointment. Upon request, we can provide an invoice for you to submit to your insurance company for reimbursement. Please note that insurance companies vary the coverage they provide for out-of-network services, so we encourage you to verify your insurance coverage before your initial visit.
Coaching Clients: All charges assessed to you by Rachel Pope, PLLC are your responsibility and shall be due and payable in advance of your appointment(s) or start of your coaching program/package.
Private and group coaching programs are intended only for clients who have paid for services orother program course access. Anyone who shares her log in or any program, challenge, or course material, or information received or covered during coaching sessions or through emails, will be responsible for the cost of additional program access (i.e. an additional full cost of enrollment for the person or people you shared with) or for additional service package(s).
You also agree that you will not publish, sell, give away or duplicate anycourse, program, challenge or private coaching content or information in any way.
Rachel Pope, PLLC reserves the right to cancel any appointment or deny coaching program access if payment is not promptly paid in advance.
Attendance, Cancellation & No-show Policy
Rachel Pope, PLLC values your time as our client. In order to help us better serve you and our other clients, we ask that you timely attend all scheduled appointments.
Late Policy. If for any reason you anticipate that you will appear late to a scheduled appointment, we ask that you contact and inform us of the suspected tardiness. Any client who arrives more than 15 minutes late to a scheduled appointment may have their appointment cancelled and charged the full cost of her scheduled appointment.
Cancellation Policy. If you are unable to attend your scheduled appointment for any reason we request that your provide us at least 48 hours’ advance notice of the appointment cancellation. Any client who cancels their appointment with less than 48 hours’ advance notice to Rachel Pope, PLLC will be charged $50.00.
Coaching package sessions must be used within four weeks of the coaching package scheduled end date. This "grace period" allows for the reschedule of previously cancelled sessions. If previously cancelled coaching sessions are not scheduled and attended by the end of this grace period, any remaining visits will be forfeited by the client without refund.
No-show Policy. Any client who misses their appointment will be charged the total amount due for the scheduled appointment.
Repeated Tardiness and Cancellations. If you fail to attend an appointment or cancel a scheduled appointment with less than 48 hours’ advance notice on two or more occasions, Rachel Pope, PLLC reserves the right to refuse future appointments and services.
All late and cancellation notices should be directed to Rachel Pope at rachel@rachelpope.co.
The individual named below (referred to as “I” or “me”) desires to participate in the run coaching program and activities (the “Activity”) provided by Rachel Pope, PLLC (the “Company”). In consideration of being permitted by the Company to engage in the Activity, the intangible value that I will gain by participating in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).
I am fully aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. I understand that the Activity will require physical exertion and may involve challenging, strenuous and/or otherwise dangerous activities. I recognize that I must use my best judgment at all times and that I have no obligation to follow or take any advice or instruction I am given in connection with the Activity. I have consulted with a physician prior to participating in the Activity and understand that the Activity is not medicinal in nature and is not a substitute for proper medical examination and attention. I acknowledge that the risks associated with the Activity may result from or be compounded by the actions, omissions, or negligence of the Company, its employees or others. I understand that while the Company has implemented measures to reduce the risk of injury from the Activity, the Company cannot guarantee that I will
not be injured due to my participation in Activity and that it is my responsibility to determine when the activity becomes unsafe. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I, on behalf of myself and my personal representatives and heirs, hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, managers, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Vermont law does not permit to be released by agreement.
I confirm that I am in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity. I will also follow all instructions, recommendations, and cautions of the Company at all times. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees, arising out or resulting from any claim of a third party related to my participation in the Activity.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Vermont without giving effect to any choice or conflict of law provision or rule (whether of the State of Vermont or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Chittenden County, Vermont and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
Financial & Billing Terms.
Physical Therapy Clients: Rachel Pope, PLLC operates its physical therapy business using a cash-based model. What this means is that Rachel Pope, PLLC is NOT a participating provider with insurance companies and that all charges assessed to you by Rachel Pope, PLLC are your responsibility and shall be due and payable in advance of your appointment. Upon request, we can provide an invoice for you to submit to your insurance company for reimbursement. Please note that insurance companies vary the coverage they provide for out-of-network services, so we encourage you to verify your insurance coverage before your initial visit.
Coaching and Wellness Instruction Clients: All charges assessed to you by Rachel Pope, PLLC are your responsibility and shall be due and payable in advance of your appointment.
Rachel Pope, PLLC reserves the right to cancel any appointment if payment is not promptly paid in advance.
Attendance, Cancellation & No-show Policy
RunYogaTherapy PLLC values your time as our client. In order to help us better serve you and our other clients, we ask that you timely attend all scheduled appointments.
Late Policy. If for any reason you anticipate that you will appear late to a scheduled appointment, we ask that you contact and inform us of the suspected tardiness. Any client who arrives more than 15 minutes late to a scheduled appointment may have their appointment cancelled and charged $50.00.
Cancellation Policy. If you are unable to attend your scheduled appointment for any reason we request that your provide us at least 48 hours’ advance notice of the appointment cancellation. Any client who cancels their appointment with less than 48 hours’ advance notice to RunYogaTherapy PLLC will be charged $50.00.
No-show Policy. Any client who misses their appointment will be charged the full amount of your scheduled appointment.
Repeated Tardiness and Cancellations. If you fail to attend an appointment or cancel a scheduled appointment with less than 48 hours’ advance notice on two or more occasions, Rachel Pope, PLLC reserves the right to refuse future appointments and services.
All late and cancellation notices should be directed to Rachel Pope at rachel@rachelpope.co.
Effective date: September 14, 2020
Rachel Pope, PLLC Notice of Privacy Practices &Authorization to Use and Disclose Protected Health Information. THIS NOTICE DESCRIBES HOW YOUR MEDICAL INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Rachel Pope, PLLC
507 Sunset Drive, Morgan, VT 05853
Privacy Official: Rachel Pope
Phone: (802)624-0131
E-mail: rachel@rachelpope.co
Summary
This is a summary of how Rachel Pope, PLLC may use and disclose your protected health information and your rights and choices when it comes to your information. We will explain these in more detail on the following pages.
Our Uses and Disclosures
We may use and disclose your information as we:
Treat you.
Bill for services.
Run our organization.
Do research.
Comply with the law.
Respond to organ and tissue donation requests.
Work with a medical examiner or funeral director.
Address workers’ compensation, law enforcement, or other government requests.
Respond to lawsuits and legal actions.
Your Choices
You have some choices about how we use and share information as we:
Communicate with you.
Tell family and friends about your condition.
Provide disaster relief.
Market our services.
Your Rights
You have the right to:
Get a copy of your paper or electronic protected health information.
Correct your protected health information.
Ask us to limit the information we share, in some cases.
Get a list of those with whom we’ve shared your information.
Request confidential communication.
Get a copy of this privacy notice.
Choose someone to act for you.
File a complaint if you believe we have violated your privacy rights.
Purpose
Rachel Pope, PLLC (Rachel Pope, PLLC or We) respect your privacy. We are also legally required to maintain the privacy of your protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) and other federal and state laws.
We follow state privacy laws when they are stricter or more protective of your PHI than federal law.As part of our commitment and legal compliance, we are providing you with this Notice of Privacy Practices (Notice). This Notice describes:
Our legal duties and privacy practices regarding your PHI, including our duty to notify you following a data breach of your unsecured PHI.
Our permitted uses and disclosures of your PHI.
Your rights regarding your PHI.
Contact
If you have any questions about this Notice, please contact our Privacy Official, Rachel Pope.
PHI Defined
Your PHI:
Is health information about you:
which someone may use to identify you; and
which we keep or transmit in electronic, oral, or written form.
Includes information such as your:
name;
contact information;
past, present, or future physical or mental health or medical conditions;
payment for health care products or services; or
prescriptions
Scope
We create a record of the care and health services you receive, to provide your care, and to comply with certain legal requirements. This Notice applies to all the PHI that we generate. We follow and our workforce members follow the duties and privacy practices that this Notice describes and any changes once they take effect.
Changes to this Notice
We can change the terms of this Notice, and the changes will apply to all information we have about you. The new notice will be available on request, in our office, and on our website. We will also send you a copy of the revised notice.
Data Breach Notification
We will promptly notify you if a data breach occurs that may have compromised the privacy or security of your PHI. We will notify you within the legally required time frame. Most of the time, we will notify you in writing, by first-class mail, or we may email you if you have provided us with your current email address and you have previously agreed to receive notices electronically. In limited circumstances when we have insufficient or out-of-date contact information, we may provide notice in a legally acceptable alternative form.
Uses and Disclosures of Your PHI
The law permits or requires us to use or disclose your PHI for various reasons, which we explain in this Notice. We have included some examples, but we have not listed every permissible use or disclosure. When using or disclosing PHI or requesting your PHI from another source, we will make reasonable efforts to limit our use, disclosure, or request about your PHI to the minimum we need to accomplish our intended purpose.
Uses and Disclosures for Treatment or Health Care Operations
Treatment. We may use or disclose your PHI and share it with other professionals who are treating you, including doctors, nurses, technicians, medical students, or hospital personnel involved in your care. For example, we might disclose information about your overall health condition to physicians who are treating you for a specific injury or condition.
Health Care Operations. We may use and disclose your PHI to run our practice and improve your care. For example, we may use your PHI to manage the services you receive or to monitor the quality of our health care services.
Other Uses and Disclosures
We may share your information in other ways, usually for public health or research purposes or to contribute to the public good. For more information on permitted uses and disclosures, see Your Rights Under HIPPA. For example, these other uses and disclosures may involve:
Our Business Associates. We may use and disclose your PHI to outside persons or entities that perform services on our behalf, such as auditing, legal, or transcription (Business Associates). The law requires our business associates and their subcontractors to protect your PHI in the same way we do. We also contractually require these parties to use and disclose your PHI only as permitted and to appropriately safeguard your PHI.
Legal Compliance. For example, we will share your PHI if the Department of Health and Human Services requires it when investigating our compliance with privacy laws.
Public Health and Safety Activities. For example, we may share your PHI to: report injuries; prevent disease; report adverse reactions to medications or medical device product defects; report suspected child neglect or abuse or domestic violence; or avert a serious threat to public health or safety.
Responding to Legal Actions. For example, we may share your PHI to respond to: a court or administrative order or subpoena; discovery request; or another lawful process.
Research. For example, we may share your PHI for some types of health research that do not require your authorization, such as if an institutional review board (IRB) has waived the written authorization requirement because the disclosure only involves minimal privacy risks.
Medical Examiners or Funeral Directors. For example, we may share PHI with coroners, medical examiners, or funeral directors when an individual dies.
Organ or Tissue Donation. For example, we may share your PHI to arrange an authorized organ or tissue donation from you or a transplant for you.
Workers’ Compensation, Law Enforcement, or Other Government Requests. For example, we may use and disclose your PHI for: workers’ compensation claims; health oversight activities by federal or state agencies; law enforcement purposes or with a law enforcement official; or specialized government functions, such as military and veterans’ activities, national security and intelligence, presidential protective services, or medical suitability.
Your Choices
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, please contact us and we will make reasonable efforts to follow your instructions.
You have both the right and choice to tell us whether to:
Share information, such as your PHI, general condition, or location, with your family, close friends, or others involved in your care.
Share information in a disaster relief situation, such as to a relief organization to assist with locating or notifying your family, close friends, or others involved in your care.
We may share your information if we believe it is in your best interest, according to our best judgment, and:
If you are unable to tell us your preference, for example, if you are unconscious.
When needed to lessen a serious and imminent threat to health or safety.
Uses and Disclosures that Require Authorization
In these cases we will only share your information if you give us written permission:
Marketing our services.
Certain research activities.
Other uses and disclosures not described in this Notice.
You may revoke your authorization at any time, but it will not affect information that we already used and disclosed.
Your Rights
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
You have the right to:
Inspect and Obtain a Copy of Your PHI. You have the right to see or obtain an electronic or paper copy of the PHI that we maintain about you (right to request access). Alternatively, you may request a summary of your PHI or an explanation of your PHI. Some clarifications about your access rights:
we may require you to make access requests in writing/by submitting an electronically signed form;
we may charge a reasonable, cost-based fee for the costs of copying, mailing, or other supplies associated with your request;
you may request that we provide a copy of your PHI to a family member, another person, or a designated entity. We require that you submit these requests in writing with your signature, and/submit an electronically signed form, and clearly identify the designated person and where to send the PHI;
you may request that we direct a copy of your PHI to a third party of your choice on a standing, regular basis. We require that you submit these requests in writing/ electronically;
if you request a copy of your PHI, we will generally decide to provide or deny access within 30 days, however, if we cannot act within 30 days, we will give you a reason for the delay in writing and when you can expect us to act on your request; and
we may deny your request for access in certain limited circumstances, however, if we deny your access request, we will provide a written denial with the basis for our decision and explain your rights to appeal or file a complaint.
Make Amendments. You may ask us to correct or amend PHI that we maintain about you that you think is incorrect or inaccurate. For these requests:
you must submit requests in writing or electronically, specify the inaccurate or incorrect PHI, and provide a reason that supports your request;
we will generally decide to grant or deny your request within 60 days. If we cannot act within 60 days, we will give you a reason for the delay in writing and include when you can expect us to complete our decision, which will be no longer than an additional 30 days. We will only ask for an extension once in response to a request;
we may deny your request for an amendment if you ask us to amend PHI that is not part of our record, that we did not create, that is not part of a designated record set, or that is accurate and complete;
if we deny your request, we will tell you why in writing. You will have the right to submit a written statement disagreeing with the denial and, if you opt not to submit this statement, you may request that we provide your original request for amendment and the denial with any future disclosures of PHI subject to the amendment; and
we will append the material created or submitted in accordance with this paragraph to your designated record.
Request Additional Restrictions. You have the right to ask us to limit what we use or share about your PHI (right to request restrictions). You can contact us and request us not to use or share certain PHI for treatment or operations or with certain persons involved in your care. We may require that you submit this request in writing. For these requests:
we are not required to agree; and
we may say “no” if it would affect your care.
Request an Accounting of Disclosures. You have the right to request an accounting of certain PHI disclosures that we have made. For these requests:
we will respond no later than 60 days after receiving the request. We may ask for an additional 30 days during this 60-day period, but if we do, we will only do it once, provide a written statement of why, and indicate the date by which we intend to send the response;
we will include all the disclosures except for those about treatment and health care operations, and certain other disclosures, such as any you asked us to make; and
we will provide one accounting a year for free, but will charge a reasonable, cost-based fee if you ask for another one within 12 months. We will notify you about the costs in advance and you may choose to withdraw or modify your request at that time.
Choose Someone to Act for You. If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your PHI. We will confirm the person has this authority and can act for you before we take any action.
Request Confidential Communications. You have the right to request that we communicate with you about health matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or at a specific address. For these requests:
we will not ask for the reason;
you must specify how or where you wish to be contacted; and
we will accommodate reasonable requests.
Make Complaints. You have the right to complain if you feel we have violated your rights. We will not retaliate against you for filing a complaint. You may either file a complaint:
directly with us by contacting Rachel Pope. All complaints must be submitted in writing; or
with the Office for Civil Rights at the US Department of Health and Human Services.
Your Choices
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, please contact us and we will make reasonable efforts to follow your instructions.
You have both the right and choice to tell us whether to:
Share information, such as your PHI, general condition, or location, with your family, close friends, or others involved in your care.
Share information in a disaster relief situation, such as to a relief organization to assist with locating or notifying your family, close friends, or others involved in your care.
We may share your information if we believe it is in your best interest, according to our best judgment, and:
If you are unable to tell us your preference, for example, if you are unconscious.
When needed to lessen a serious and imminent threat to health or safety.
Acknowledgment of Receipt and Authorization to Use and Disclose
I, the undersigned, acknowledge that on the date set out below I received a copy of RunYogaTherapy’s Notice of Privacy Practices and that I read and understood it. I understand that:
I have certain rights to privacy regarding my PHI.
Rachel Pope, PLLC can and will use my PHI for purposes of my treatment and health care operations.
The Notice explains in more detail how Rachel Pope, PLLC may use and share my PHI for other purposes.
I have the rights regarding my PHI listed in the Notice.
Rachel Pope, PLLC the right to change the Notice from time to time and I can obtain a current copy of the Notice by contacting Rachel Pope.
I hereby authorize Rachel Pope, PLLC to use and/or disclose my PHI as follows:
All of my PHI may be used and/or disclosed.
My PHI may be used and/or disclosed for purposes of my treatment and health care operations.
I understand that my treatment or enrollment will not be conditioned on whether I sign this form.
I understand that I have the right to revoke this authorization, in writing, at any time.
I understand that I have the right to refuse to sign this authorization.
I understand that PHI used or disclosed pursuant to this authorization may be redisclosed by the recipient and its confidentiality may no longer be protected by federal or state law.
I acknowledge, understand and state as follows:
I understand that telemedicine services involve the use of secure interactive videoconferencing equipment and devices that enable health care providers to deliver heath care services to patients when located at different sites.
I understand that the same standard of care applies to a telemedicine visit as applies to an in-person visit.
I UNDERSTAND THAT I MUST BE IN THE STATE OF VERMONT or CONNECTICUT TO RECEIVE TELEMEDICINE PHYSICAL THERAPY SERVICES FROM Rachel Pope, PLLC.
I understand that there are potential risks to using technology, including service interruptions, interception, and technical difficulties.
If it is determined that the videoconferencing equipment and/or connection is not adequate, I understand that Rachel Pope, PLLC or I may discontinue the telemedicine visit and make other arrangements to continue the visit.
I understand that I have the right to refuse to participate or decide to stop participating in a telemedicine visit, and that my refusal will be documented in my medical record. I also understand that my refusal will not affect my right to future care or treatment.
I understand that the laws that protect privacy and the confidentiality of health care information apply to telemedicine services.
I understand that this document will become a part of my medical record.
I understand that I will not be physically in the same room as my health care provider.
I have voluntarily chosen to seek telemedicine services with Rachel Pope, PLLC.
I acknowledge and understand that the physical therapy is not an exact science, and that no promises or guarantees have been made concerning the outcome or results of my care and treatment from Rachel Pope, PLLC.
As long as this consent is in force and effect (has not been revoked) Rachel Pope, PLLC may provide healthcare services to me via telemedicine without the need for me to sign another consent form.
As part of my initial appointment, Rachel Pope, PLLC staff will ask me a series of questions concerning my medical history for purposes of assessing the appropriate treatment and/or coaching to be furnished. This information is critical to Rachel Pope, PLLC’s services and I agree to answer each such question completely and correctly to the best of my knowledge. Furthermore, I agree to inform Rachel Pope, PLLC of any changes to my health during the course of my work with Rachel Pope, PLLC.
The individual named below (referred to as “I” or “me”) desires to participate in and receive telemedicine physical therapy services, care and treatment (the “Treatment”) provided by Rachel Pope, PLLC (the “Company”). In consideration of the benefits I will gain from the receipt of Treatment and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).
I am fully aware and understand that the activities I will engage in as part of the Treatment provided by the Company have inherent risks, dangers and hazards, such as the risk of serious injury, disability, death and/or property damage. I further understand that my participation in such activities may result in injury, illness or death, including but not limited to bodily injury, disease, strains, factures and other ailments that may cause serious disability or death. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of the Company, its employees or others. I understand that while the Company has implemented measures to reduce the risk of injury from the Treatment, the Company cannot guarantee that I will not be injured due to my participation in Treatment activities. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE TREATMENT WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE TREATMENT ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I, on behalf of myself and my personal representativies and heirs, hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, managers, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to my participation in the Treatment activities, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Vermont law does not permit to be released by agreement.
Excepting any injury that I am seeking Treatment for and have disclosed to the Company, I confirm that I am in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Treatment activities. I will also follow all instructions, recommendations, and cautions of the Company at all times with respect to my Treatment. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Treatment, I will immediately discontinue further participation in the Treatment activities.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees, arising out or resulting from any claim of a third party related to my participation in the Treatment.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Vermont without giving effect to any choice or conflict of law provision or rule (whether of the State of Vermont or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Chittenden County, Vermont and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
Financial & Billing Terms.
Physical Therapy Clients: Rachel Pope, PLLC operates its business using a cash-based model. What this means is that Rachel Pope, PLLC is NOT a participating provider with insurance companies and that all charges assessed to you by Rachel Pope, PLLC are your responsibility and shall be due and payable in advance of your appointment. Upon request, we can provide an invoice for you to submit to your insurance company for reimbursement. Please note that insurance companies vary the coverage they provide for out-of-network services, so we encourage you to verify your insurance coverage before your initial visit.
Coaching and Yoga Instruction Clients: All charges assessed to you by Rachel Pope, PLLC are your responsibility and shall be due and payable in advance of your appointment.
Rachel Pope, PLLC reserves the right to cancel any appointment if payment is not promptly paid in advance.
Attendance, Cancellation & No-show Policy
Rache Pope, PLLC values your time as our client. In order to help us better serve you and our other clients, we ask that you timely attend all scheduled appointments.
Late Policy. If for any reason you anticipate that you will appear late to a scheduled appointment, we ask that you contact and inform us of the suspected tardiness. Any client who arrives more than 15 minutes late to a scheduled appointment may have their appointment cancelled and charged $50.00.
Cancellation Policy. If you are unable to attend your scheduled appointment for any reason we request that you provide us at least 48 hours’ advance notice of the appointment cancellation. Any client who cancels their appointment with less than 48 hours’ advance notice to Rachel Pope, PLLC will be charged $50.00.
No-show Policy. Any client who misses their appointment will be charged the full amount of the scheduled appointment.
Repeated Tardiness and Cancellations. If you fail to attend an appointment or cancel a scheduled appointment with less than 48 hours’ advance notice on two or more occasions, Rachel Pope, PLLC reserves the right to refuse future appointments and services.
All late and cancellation notices should be directed to Rachel Pope at rachel@rachelpope.co.
The individual named below (referred to as “I” or “me”) desires to participate in the yoga
classes and activities (the “Activity”) provided by RunYogaTherapy, PLLC (the “Company”).
In consideration of being permitted by the Company to engage in the Activity, the intangible
value that I will gain by participating in the Activity and in recognition of the Company’s
reliance hereon, I agree to all the terms and conditions set forth in this agreement (this
“Release”).
I am fully aware and understand that the Activity is a potentially dangerous
activity and involves the risk of serious injury, disability, death, and/or property damage. I
understand that the Activity will require physical exertion and may involve challenging,
strenuous and/or otherwise dangerous activities. I recognize that I must use my best judgment at all times and that I have no obligation to follow or take any advice or instruction I am given in
connection with the Activity. I have consulted with a physician prior to participating in the
Activity and understand that the Activitiy is not medicical in nature and is not a substitute for
proper medical examination and attention. I acknowledge that the risks associated with the
Activity may result from or be compounded by the actions, omissions, or negligence of the
Company, its employees or others. I understand that while the Company has implemented
measures to reduce the risk of injury from the Activity, the Company cannot guarantee that I will
not be injured due to my participation in Acticity and that it is my responsibility to determine
when the activity becomes unsafe. NOTWITHSTANDING THESE RISKS, I
ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY
WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT
AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR
PROPERTY DAMAGE ARISING FROM MY ENGAGING IN ACTIVITY, WHETHER
CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I, on behalf of myself and my personal representativies and heirs, hereby
expressly waive and release any and all claims, now known or hereafter known, against the
Company, and its officers, directors, managers, employees, agents, affiliates, members,
successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability,
death, or property damage arising out of or attributable to my participation in the Activity,
whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I
covenant not to make or bring any such claim against the Company or any other Releasee, and
forever release and discharge the Company and all other Releasees from liability under such
claims. This waiver and release does not extend to claims for gross negligence, willful
misconduct, or any other liabilities that Vermont law does not permit to be released by
agreement.
I confirm that I am in good health, in proper physical condition, and do not have
any medical or other conditions that would impair my ability to participate in the Activity. I will
also follow all instructions, recommendations, and cautions of the Company at all times. If at
any time I believe conditions to be unsafe or that I am no longer in proper physical condition to
participate in the Activity, I will immediately discontinue further participation in the Activity.
I shall defend, indemnify, and hold harmless the Company and all other Releasees
against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments,
settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including
reasonable attorney fees, fees, the costs of enforcing any right to indemnification under
this Release, and the cost of pursuing any insurance providers, incurred by the Company or any
other Releasees, arising out or resulting from any claim of a third party related to my
participation in the Activity.
This Release constitutes the sole and entire agreement of the Company and me
with respect to the subject matter contained herein and supersedes all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and oral, with respect
to such subject matter. If any term or provision of this Release is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect
any other term or provision of this Release or invalidate or render unenforceable such term or
provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of
the Company and me and our respective successors and assigns. All matters arising out of or
relating to this Release shall be governed by and construed in accordance with the internal laws
of the State of Vermont without giving effect to any choice or conflict of law provision or rule
(whether of the State of Vermont or any other jurisdiction). Any claim or cause of action arising
under this Release may be brought only in the federal and state courts located in Chittenden
County, Vermont and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.