Client Service Agreement and Informed Consent

1. Nature of Services

1.1 Wellness Center

Function Bone Health LLC (“Company,” “we,” “us,” or “our”) operates as a wellness and education center. We are not a medical clinic, physician practice, hospital, or licensed healthcare facility under Florida law.

1.2 Educational Purpose

All services, assessments, reports, scores, consultations, recommendations, and materials provided by the Company are intended solely for educational and informational purposes. They are designed to help you better understand aspects of your bone density, bone quality, body composition, and general wellness.

1.3 No Medical Advice

The Company does not provide medical advice, medical consultations, medical diagnosis, or medical treatment of any kind. Nothing provided by the Company should be construed as a substitute for professional medical evaluation, diagnosis, or treatment by a licensed healthcare provider.

1.4 No Medical Relationship

Use of our services does not create a doctor-patient, therapist-client, or any other professional healthcare relationship between you and the Company, its owners, employees, contractors, or affiliates.

1.5 Staff Roles

Company personnel may include licensed or credentialed individuals (e.g., nurses, nutritionists, health coaches); however, when acting on behalf of the Company they are functioning in an educational capacity only and are not providing clinical care.

1.6 Screening, Not Diagnosis

REMS-based bone density and quality assessments are screening tools. Results do not constitute a clinical diagnosis. Any interpretation or recommendation you receive from the Company is educational in nature and should be confirmed by your licensed healthcare provider.

1.7 Share Results with Your Provider

We strongly encourage you to share all reports, scores, and assessment results with your licensed healthcare professional. Your healthcare provider is qualified to interpret these results in the context of your complete health history and medical profile.

1.8 Screen My Bones™ License

The Company operates under a license agreement with Screen My Bones™, which provides training protocols, proprietary educational content, REMS device access, and operational procedures. Screen My Bones™ is not a party to this Agreement and assumes no liability for services delivered by the Company.

2. Services Covered

This Agreement applies to the following services offered by the Company:

• •REMS-based bone density and bone quality screening
• •Body composition analysis
• •Biomarker and blood-panel educational review
• •Nutritional and supplement education
• •Wellness consultation and health coaching sessions
• •Educational reports, progress tracking, and follow-up communications
• •Any additional educational or screening services introduced by the Company during the term of this Agreement

3. REMS Technology Acknowledgment

By using our REMS-based screening services, I acknowledge and understand that:

• •REMS (Radiofrequency Echographic Multi Spectrometry) is an FDA-cleared, radiation-free ultrasound technology used for bone density and quality assessment.
• •REMS is a screening tool, not a diagnostic device. Results are educational and should be shared with a licensed healthcare provider for clinical interpretation.
• •While REMS technology has demonstrated high clinical accuracy, no screening technology is 100% accurate. Results may contain errors, be incomplete, or differ from results obtained by other methods (e.g., DEXA).
• •The Company does not guarantee specific outcomes, improvements, or accuracy of REMS results.
• •REMS results are one data point among many that may be relevant to understanding my overall bone health and wellness.
• •The procedure is non-invasive and involves placing an ultrasound probe on the body. I may experience slight pressure but the procedure is generally painless.
• •I am responsible for disclosing any relevant medical conditions, implants, recent surgeries, or factors that may affect the accuracy of the screening.

4. Health Information Consent

I consent to the following:

• •The collection, storage, and use of my personal and health-related information as necessary to deliver the Company's educational and screening services.
• •The Company may use de-identified, aggregated data for quality improvement, research, educational content development, and business analytics.
• •My information may be shared with third-party service providers (e.g., CRM platforms, payment processors, technology providers) as necessary to operate the business, subject to the Company's Privacy Policy.
• •The Company may retain my information for as long as necessary to fulfill its obligations, support progress tracking, comply with legal requirements, and resolve disputes.

I understand that:

• •My health information is protected in accordance with the Company's HIPAA Notice of Privacy Practices and applicable federal and state privacy laws.
• •I have the right to request access to, correction of, or deletion of my personal information, subject to applicable law and the Company's data retention obligations.
• •I may revoke this consent at any time by notifying the Company in writing at support@functionbonehealth.com. Revocation will not affect the legality of processing performed prior to revocation.

5. Assumption of Risk

I understand and voluntarily accept the following risks associated with using the Company's services:

• •Screening results may be inaccurate, incomplete, or inconsistent with results from other methods or providers.
• •Educational recommendations may not be appropriate for my individual circumstances, medical history, or conditions.
• •Relying on educational information without consulting a licensed healthcare provider could lead to adverse health outcomes.
• •Body composition analysis, biomarker reviews, and wellness consultations are educational tools and not clinical assessments.
• •Technology limitations, operator variability, and individual physiological factors may affect results.

I voluntarily assume all risks, known and unknown, associated with my participation in the Company's services.

6. Financial Terms

• •All service fees are communicated at the time of booking and are due in full at or before the time of service unless otherwise agreed in writing.
• •The Company does not accept insurance. All services are paid out-of-pocket by the client.
• •A security deposit may be required to confirm an appointment. Deposits are applied toward the total package cost.
• •Cancellations and refunds are governed by the Company's Refund & Cancellation Policy.
• •Promotional offers, credits, and discounts have no cash value and are non-transferable.
• •Prices are subject to change without notice. The price at the time of booking applies to your appointment.

7. Release of Liability

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

To the fullest extent permitted by applicable law, I, on behalf of myself, my heirs, executors, administrators, assigns, and personal representatives, hereby release, discharge, indemnify, and hold harmless Function Bone Health LLC, its owners, officers, directors, members, managers, employees, contractors, agents, affiliates, licensors (including Screen My Bones™), successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, suits, damages, losses, liabilities, costs, expenses (including reasonable attorneys' fees), and obligations of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to:

• a.My use of any services, assessments, reports, consultations, or materials provided by the Company;
• b.Any inaccuracy, error, omission, or limitation in screening results, reports, scores, or educational materials;
• c.Any decision I make, or fail to make, based on information received from the Company;
• d.Any adverse health outcome, injury, or condition that may result from my reliance on the Company's educational services rather than seeking professional medical care;
• e.Equipment malfunction, technology failure, or operator error during any assessment or screening;
• f.Any breach of privacy or data security, except to the extent caused by the Company's willful misconduct;
• g.Any interaction with third-party providers, products, or services referenced or recommended by the Company;
• h.Any supplement, nutritional product, or lifestyle change I undertake based on the Company's educational content;
• i.Any physical discomfort, allergic reaction, or adverse event during or after a screening or assessment;
• j.Any claim arising from my failure to provide accurate and complete health information to the Company.

This release includes, but is not limited to, claims based on the negligence, errors, or omissions of the Released Parties, except to the extent that such claims arise from gross negligence or willful misconduct.

8. Indemnification

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• •My use of the Company's services;
• •My violation of any term of this Agreement;
• •My violation of any applicable law, regulation, or third-party right;
• •Any misrepresentation or inaccuracy in the information I provide to the Company;
• •Any claim by a third party arising from my actions or omissions in connection with the Company's services.

9. Dispute Resolution

9.1 Mandatory Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement or the services provided by the Company shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall take place in Collier County, Florida, unless otherwise agreed by the parties. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

9.2 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive the right to participate in a class action lawsuit or class-wide arbitration against the Company.

9.3 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. For any matters not subject to arbitration, the exclusive venue shall be the state or federal courts located in Collier County, Florida.

9.4 Opt-Out Right

You may opt out of the mandatory arbitration and class action waiver provisions by sending written notice to support@functionbonehealth.com within 30 days of signing this Agreement. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration clause. If you opt out, all other provisions of this Agreement remain in full force and effect.

10. Privacy and Data Acknowledgment

I acknowledge that I have been provided access to and have had the opportunity to review the following Company policies, which are incorporated herein by reference:

• •Privacy Policy
• •HIPAA Notice of Privacy Practices
• •Cookie Policy
• •Do Not Sell My Personal Information

11. Communication Consent

By entering into this Agreement, I consent to receive communications from the Company, including:

• •Appointment confirmations, reminders, and follow-up messages via email, SMS/text message, and phone.
• •Educational content, newsletters, and wellness resources related to bone health and general wellness.
• •Promotional offers, service updates, and announcements from the Company.
• •Surveys, feedback requests, and quality improvement communications.

I understand that I may opt out of marketing and promotional communications at any time by following the unsubscribe instructions in any message, by contacting the Company at support@functionbonehealth.com, or by replying STOP to any SMS message. Opting out of marketing communications does not affect transactional messages related to my account or appointments.

12. Entire Agreement

This Agreement, together with the Company's Privacy Policy, HIPAA Notice of Privacy Practices, Terms of Service, Refund & Cancellation Policy, and any other policies referenced herein, constitutes the entire agreement between you and the Company relating to the subject matter hereof. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, representations, and warranties with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The Company reserves the right to modify this Agreement at any time by posting the updated version on its website. Continued use of the Company's services after any modification constitutes acceptance of the updated terms.

13. Acknowledgment and Signature

By signing this Agreement or creating an account on functionbonehealth.com, I acknowledge and confirm the following:

• •I have read this entire Client Service Agreement and Informed Consent.
• •I understand the nature of the Company's services and that they are educational and informational, not medical.
• •I voluntarily agree to all terms, conditions, and provisions set forth in this Agreement.
• •I understand and accept the risks described in Section 5 (Assumption of Risk).
• •I voluntarily release the Released Parties from liability as described in Section 7 (Release of Liability).
• •I am at least 18 years of age and am legally competent to enter into this binding agreement.