Effective Date: July 1, 2025

Welcome to LYV The Wellness Space. These Terms of Service (“Agreement”) constitute a binding legal contract between Cherish Medspa LLC (dba LYV The Wellness Space) (“LYV”) and you (“Client”) governing your access to and use of LYV’s services, premises, and website. By engaging with LYV in any capacity, you agree to be legally bound by the terms herein.

1. General Use of the Website

By accessing or using www.lyv-wellness.com, you agree to comply with all applicable laws and regulations. Unauthorized use of this website may give rise to a claim for damages. LYV makes no warranties regarding the accuracy or completeness of website content. Use of this site does not establish a provider-patient relationship, and information is for educational purposes only. You agree that any dispute arising from your use of the website falls under the exclusive jurisdiction of courts in Cuyahoga County, Ohio.

All content, including but not limited to logos, design, text, images, and graphics, is the exclusive property of Cherish Medspa LLC and may not be copied or reused without written consent.

2. Appointment Scheduling & Confirmation

Appointments may be scheduled via phone, in person, or online. LYV reserves the right to reschedule or cancel appointments at its sole discretion. Confirmations and reminders are sent electronically.

3. Cancellation & No-Show Policy

To protect LYV’s schedule integrity:

• Device-Based Appointments: No-show: $40 | Late cancellation (<24h): $40

• Provider-Based Appointments: No-show: $75 | Late cancellation (<24h): $75 All cancellation fees are non-refundable and charged to the card on file. Repeat offenses may result in revoked booking access.

4. Refund, Return & Gift Card Policy

• Services rendered are non-refundable.

• All product sales are final unless defective.

• Packages: non-shareable, non-transferable; refundable within 30 days only if completely unused.

• Gift cards: valid for 12 months from purchase. Non-refundable and not redeemable for cash.

5. Membership Terms & Cancellation

• Minimum membership commitment: 3 months.

• Early cancellation forfeits benefits or requires full balance payment.

• After 3 months: may cancel with 30 days’ notice prior to next billing cycle.

• Unused membership credits expire 30 days after cancellation.

6. Experimental & Off-Label Services

Services offered may include investigational or off-label uses of FDA-cleared products and therapies. These include:

• Peptides

• Hormone optimization

• Ozone treatments

• IV/IM infusions

• Biohacking devices

By proceeding, you acknowledge the experimental nature of such services and accept all associated risks.

7. Assumption of Risk, Waiver & Indemnification

You:

• Voluntarily assume all risk from any service, procedure, or device at LYV.

• Release LYV, its owners, employees, contractors, and affiliates from any liability arising from your participation.

• Agree to defend, indemnify, and hold harmless LYV against all claims, including but not limited to injury, dissatisfaction, allergic reactions, complications, or third-party disputes.

8. Communications, Privacy & Data Use

You consent to receive appointment updates, lab results, and other communication via phone, SMS, email, and telehealth platforms. Your personal data is stored securely and only used for care coordination and internal operations in accordance with HIPAA and Ohio law.

9. Photography & Media Use

Unless you submit a signed Media Opt-Out Form 24 hours in advance, you authorize LYV to photograph or record you for marketing or educational purposes and waive any right to compensation, approval, or royalties.

10. Payment Authorization and Billing Policy

Clients authorize LYV to store their payment information securely and charge the card on file for any services rendered, no-show or cancellation fees, products ordered, lab tests, and membership dues.

High-value services exceeding $250 (e.g., EBOO, IV packages, pellet procedures, diagnostic bundles) must be paid in full prior to the scheduled appointment. Failure to submit payment may result in cancellation or rescheduling at LYV’s discretion.

Standard services will be charged immediately upon completion of the appointment unless otherwise arranged.

By engaging with LYV, the client agrees to:

• Maintain a valid payment method on file

• Allow automatic billing for recurring memberships or pre-approved services

• Accept responsibility for any balance due after insurance or lab billing where applicable

• Pay a late fee of $15 if payment is more than 15 days overdue

• Reimburse LYV for collection costs and legal fees in the event of non-payment

Chargebacks are strictly prohibited and may result in suspension of services. Any disputes must be submitted in writing within 7 days of the charge.

11. Binding Arbitration

All claims, controversies, or disputes arising from services rendered or your relationship with LYV shall be resolved through binding arbitration in Cuyahoga County, Ohio, under the rules of the American Arbitration Association. You waive your right to jury trials and class action participation.

12. Modifications to These Terms

LYV may revise these Terms of Service at any time. Updated versions will be posted at www.lyv-wellness.com/tos. Continued use of services constitutes acceptance of any changes.

13. Force Majeure

LYV shall not be liable for delays, cancellations, or service interruptions caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, power failures, internet outages, labor disputes, or acts of God.

14. Termination of Access

LYV reserves the right to revoke service access, cancel memberships, or restrict appointments at its sole discretion for violations of policy, nonpayment, or disruptive behavior.

15. Telehealth, Access, and Technology Requirements

If you engage in services via telehealth, you are responsible for securing appropriate internet access, device functionality, and environment for remote consultations. LYV is not responsible for delays, miscommunications, or interruptions due to user-side technology failure.

16. Age Restriction

All LYV services are intended for individuals age 18 or older. Services for minors require express written consent and presence of a legal guardian. LYV reserves the right to decline services based on age-related eligibility.

17. Entire Agreement

This document constitutes the entire agreement between you and LYV. It supersedes all prior verbal or written agreements. No waiver or modification shall be valid unless in writing and signed by both parties.

18. Dispute Submission Contact

Before initiating arbitration, all formal disputes must be submitted in writing to: Legal Department
Cherish Medspa LLC (dba LYV The Wellness Space)
1870 W 25th Street, Cleveland, OH 44113
Email: legal@lyv-wellness.com

19. Severability & Legal Integrity

If any provision is held unenforceable or invalid, the remaining provisions shall remain in full force. LYV’s failure to enforce any right does not waive it.

In the event of a conflict between this Terms of Service and our Privacy Policy, the Terms of Service shall prevail with respect to service usage, and the Privacy Policy shall prevail with respect to data protection. To learn more about how we protect and use your data, please refer to our Privacy Policy.

Contact Information
Cherish Medspa LLC (dba LYV The Wellness Space)
1870 W 25th Street, Cleveland, OH 44113
info@lyv-wellness.com
(216) 815-2244