Client Service Agreement And Terms of Service
SoRay Hyperbarics LLC
(A California Limited Liability Company)
RECITALS
WHEREAS, SoRay Hyperbarics LLC, a California limited liability company, having its principal place of business at 1101 S. Winchester Blvd., Suite L-239, San Jose, CA 95128 (the "Company"), provides wellness-based hyperbaric oxygen therapy ("HBOT") services using a soft-sided hyperbaric chamber at pressures of approximately 1.3–1.4 ATA;
WHEREAS, the Company requires each client to execute this Client Service Agreement and Terms of Service (the "Agreement") as a condition precedent to receiving HBOT sessions, package purchases, or related services;
WHEREAS, the purpose of this Agreement is to establish the terms of service, payment obligations, refund policies, cancellation and no-show rules, operational standards, and dispute resolution framework governing the Client's relationship with the Company;
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the Client and the Company agree as follows:
ARTICLE I – DEFINITIONS
Section 1.1 "Agreement" - This Client Service Agreement and Terms of Service, including all
Recitals and incorporated documents.
Section 1.2 "Chamber" - The soft-sided hyperbaric chamber operated by the Company, with a maximum operating pressure of approximately 1.3–1.4 ATA, subject to manufacturer tolerances.
Section 1.3 "Client" - The undersigned individual receiving Services from the Company.
Section 1.4 "Company" - SoRay Hyperbarics LLC, its owners, managers, employees, contractors, affiliates, successors, and assigns.
Section 1.5 "HBOT" - Hyperbaric oxygen therapy, defined as breathing oxygen-enriched air delivered via concentrators in a Chamber pressurized above ambient atmospheric pressure, typically 1.3–1.4 ATA.
Section 1.6 "Services" - All HBOT sessions, packages, promotions, and related offerings provided by the Company.
Section 1.7 "Session" - A single ninety (90) minute HBOT treatment. Sessions begin at the scheduled appointment time or upon entry into the Chamber, whichever occurs first, and end upon decompression and exit. Arrivals more than twenty (20) minutes late are deemed No- Shows.
Section 1.8 "Package" - A prepaid series of scheduled services assigned to a named Client, not a gift certificate, with no cash value, and may be redeemed only for appointment-based HBOT services scheduled with the Company.
Section 1.9 "Promotional Discount" - Reduced pricing for new clients, seniors, veterans, or students. Proof of eligibility may be required. Promotions are non-stackable and subject to change prospectively.
Section 1.10 "Cancellation" - Client's notice that a scheduled Session will not be attended. Section 1.11 "No-Show" - Failure to attend a scheduled Session without proper Cancellation.
ARTICLE II – SERVICES AND SESSION POLICIES Section 2.1 Scope of Services HBOT Services are provided in a soft-sided Chamber at 1.3–1.4
ATA for wellness purposes. The Services are not medical treatment, diagnosis, or cure.
Section 2.2 Session Duration and Late Arrivals Each Session lasts ninety (90) minutes, inclusive of pressurization and decompression. Late arrival provisions are governed by Section 1.7.
Section 2.3 Facility Rules Client shall comply with posted rules, including no food or drink in the Chamber, no flammable items, and adherence to safety instructions.
Section 2.4 Client Cooperation Client must use the Chamber's communication system, promptly report discomfort, and comply with staff instructions.
Section 2.5 ADA Compliance Company complies with the Americans with Disabilities Act (ADA) and will provide reasonable accommodations consistent with safety protocols. Clients should submit accommodation requests at least forty-eight (48) hours in advance to access@sorayhyperbarics.com. Requests made inside that window will be accommodated where feasible.
ARTICLE III – PRICING AND PAYMENT TERMS Section 3.1 Session Pricing Single Session: $125
Section 3.2 Package Pricing
Three Sessions: $300
Five Sessions: $450
Ten Sessions: $850
Section 3.3 Promotional Discounts
New Client first Session: $89
Seniors, veterans, students: $89
Proof of eligibility may be required. Promotional value has no cash value and may expire on the stated date. Promotions are non-stackable and subject to change prospectively.
Section 3.4 Payment Timing and Method Payment is due at or before treatment. Accepted methods include credit/debit card, Square/Wells Fargo processing, or other approved methods.
Section 3.5 Stored Credential Authorization Client authorizes the Company's payment processor to store Client's card (brand and last four digits ****____) as a tokenized, unscheduled credential-on-file for future charges limited to: (i) Session fees, (ii) Package fees, and (iii) fees disclosed in this Agreement (including Cancellation and No-Show fees). Company will not initiate charges other than those expressly identified in this Agreement. Revocation is effective two business days after Company's receipt of written notice to billing@sorayhyperbarics.com; charges incurred before effectiveness remain payable. Client agrees to keep payment information current.
ARTICLE IV – CANCELLATIONS, RESCHEDULING, AND NO-SHOWS
Section 4.1 Cancellation Channels and Timing Cancellations must be received at least twenty- four (24) hours before the scheduled Session. Accepted methods: (i) email to bookings@sorayhyperbarics.com, (ii) SMS to (408) 819-6839, or (iii) Client Portal at https://www.sorayhyperbarics.com/portal. Company system timestamps (Pacific Time) govern receipt.
Section 4.2 Emergency Cancellation Exceptions Illness, accident, or emergency communicated promptly are exempt from penalty.
Section 4.3 Rescheduling Sessions may be rescheduled up to twenty-four (24) hours in advance without penalty.
Section 4.4 No-Show Fee and Courtesy Waiver A No-Show incurs a fifty-dollar ($50) fee charged to Client's stored payment method. This fee reflects a reasonable estimate of Company's losses at the time of contracting, including blocked capacity, staff preparation, and administrative costs. Each Client is entitled to one (1) courtesy waiver that may be applied to either a No-Show or a late cancellation.
Section 4.5 Claustrophobia Accommodation CLAUSTROPHOBIA ACCOMMODATION — READ CAREFULLY:
First early exit (<30 minutes): free
Second early exit (<30 minutes): 50% fee
Third or subsequent early exit (<30 minutes): full Session fee
Any exit after thirty (30) minutes: full Session fee
ARTICLE V – REFUND AND TRANSFER POLICIES Section 5.1 Non-Refundable Packages Packages are generally non-refundable, subject to carve-
outs below.
Section 5.2 Refund Carve-Outs Refunds are granted if Company permanently ceases operations, relocates more than twenty-five (25) miles, fails to provide Sessions as scheduled (excluding safety or force majeure), or as otherwise required by law. Refunds are issued to the original payment method within ten (10) business days; if unavailable, a check or electronic transfer may be used.
Section 5.3 Transferability of Packages Packages may be transferred with Company approval, which shall not be unreasonably withheld. Transferee must complete the Waiver and screening. A $10 transfer fee applies. Packages may not be resold or marketed to the public.
Section 5.4 Package Expiration, Extension, and Medical Exceptions Packages expire one (1) year from purchase. Paid value will be honored beyond expiration where required by law. Client may request a one-time six (6) month extension by paying a $25 administrative fee. Company will grant an additional extension upon receipt of a physician letter documenting medical inability to participate.
Section 5.5 Refund If Company Cancels If Company cancels a Session for reasons other than safety, protocol, or force majeure, Client may elect either (a) refund or (b) reschedule.
ARTICLE VI – CLIENT RESPONSIBILITIES AND OBLIGATIONS
Section 6.1 Health Disclosures Client shall disclose all relevant health conditions and medications.
Section 6.2 Renewal of Health Disclosures Client shall update disclosures every six (6) months, promptly upon any material change, and before resuming Services after any sixty (60) day lapse.
Section 6.3 Compliance with Waiver Execution of the Liability Waiver and Informed Consent Agreement is mandatory.
Section 6.4 Facility Conduct Client shall behave respectfully, lawfully, and safely.
Section 6.5 Age Restrictions Clients under eighteen (18) require parental/guardian signature and physician clearance. Parent/guardian consent does not waive a minor's rights under California law.
ARTICLE VII – COMPANY RIGHTS AND PROTECTIONS
Section 7.1 Right to Refuse Service Company may refuse service for Contraindications, non- disclosure, or unsafe conduct.
Section 7.2 Session Termination Authority Company may terminate any Session immediately if Client exhibits distress, non-compliance, or unsafe behavior.
Section 7.3 Intellectual Property and Branding Company retains ownership of its trademarks, logos, marketing materials, and content.
Section 7.4 Prospective Modifications Company may adjust hours, scheduling, or pricing with thirty (30) days' notice, provided such changes apply prospectively to future purchases and unbooked sessions. Modifications do not affect already-booked Sessions or previously purchased Packages without Client consent.
ARTICLE VIII – LIABILITY LIMITATIONS AND RISK ALLOCATION
Section 8.1 Incorporation of Liability Waiver This Agreement incorporates the Liability Waiver by reference. If any portion of the Waiver is invalidated, the remainder of this Agreement continues in effect. This Article VIII survives termination.
Section 8.2 Limitation of Liability (Conspicuous) TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S AGGREGATE LIABILITY FOR CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT. NO INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS LIMIT DOES NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR NON-WAIVABLE STATUTORY LIABILITY. THIS SECTION SURVIVES TERMINATION.
Section 8.3 Insurance Disclaimer Company maintains liability insurance for its own benefit; this does not create third-party beneficiary rights.
ARTICLE IX – DISPUTE RESOLUTION Section 9.1 Governing Law California law governs this Agreement.
Section 9.2 Venue Exclusive venue lies in Santa Clara County, California.
Section 9.3 Arbitration; Class Waiver; Mass Arbitration Protocol Any dispute shall be resolved by binding arbitration under AAA Consumer Rules in Santa Clara County, California. Either Party may pursue individual claims in small claims court. Nothing herein waives the right to seek public injunctive relief in court as required by McGill v. Citibank.
Class Waiver: All claims must be brought on an individual basis; no class, collective, or representative actions are permitted.
Mass Arbitration Protocol: If twenty-five (25) or more substantially similar arbitration demands are filed by or with the same counsel, the parties shall select five (5) bellwether cases for arbitration; remaining cases are stayed. After the bellwethers, the parties confer in good faith to resolve the remainder.
Proceedings are confidential to the extent permitted by law. For claims under $10,000, the arbitrator may decide on documents-only or via video conference.
Fees: Company pays all AAA administrative and arbitrator fees beyond the consumer filing fee.
Opt-Out: Client may opt out within thirty (30) days of signing by emailing legal@sorayhyperbarics.com.
ARTICLE X – FORCE MAJEURE, NOTICES, AND ELECTRONIC SIGNATURES
Section 10.1 Force Majeure Neither Party is liable for delay or failure (excluding payment obligations already due) caused by events beyond reasonable control, including fire, earthquake, epidemic, or government order. Force Majeure does not excuse gross negligence or willful misconduct.
Section 10.2 Notices Notices may be sent by email to bookings@sorayhyperbarics.com or legal@sorayhyperbarics.com, or by mail to 1101 S. Winchester Blvd., Suite L-239, San Jose, CA 95128. Notices sent after local business hours are deemed received the next business day.
Section 10.3 Electronic Signatures and Durable Copies Electronic signatures are valid and binding. Company will provide Client with a durable PDF copy of this Agreement upon execution.
ARTICLE XI – MISCELLANEOUS PROVISIONS
Section 11.1 Entire Agreement This Agreement is the entire agreement regarding Services.
Section 11.2 Amendments Only by written instrument signed by both Parties.
Section 11.3 Severability Invalid provisions do not affect enforceability of the remainder.
Severability applies specifically to arbitration and fee provisions.
Section 11.4 Headings For convenience only.
Section 11.5 Successors and Assigns Binding on heirs, successors, and permitted assigns.
ARTICLE XII – PRIVACY AND DATA USE
Section 12.1 Collection and Purpose Company collects health and personal information solely
for screening, scheduling, and emergency purposes.
Section 12.2 Retention and Access Rights Records retained seven (7) years. Client may request access, correction, or deletion where legally permissible. Deletion requests will be honored unless retention is required by law, safety, or for legal claims; in such cases, data will be restricted rather than deleted.
Section 12.3 Security Safeguards Card data is tokenized and stored by PCI-DSS compliant processors. Company does not store full card numbers.
Section 12.4 No Sale or Sharing Client information is not sold or shared with third parties. Contact privacy@sorayhyperbarics.com for inquiries.
ARTICLE XIII – EXECUTION
Section 13.1 Acknowledgment of Reading Client affirms reading and understanding this
Agreement.
CLIENT SIGNATURE AND INITIAL BLOCKS Client Name: ___________________________ Signature: ______________________________
Date: __________________________________ Required Initials (Conspicuous Acknowledgments): No-Show Fee Policy: _______
Refund/Expiration Policy: _______ Transfer Policy: _______
Arbitration and Class Waiver: _______ Claustrophobia Accommodation: _______ COMPANY SIGNATURE
SoRay Hyperbarics LLC
By: _____________________________________ Name: Sorena Linton
Title: Owner-Manager
Date: ___________________________________