Program Terms and Policies for the Brain Balance Program and Brain Balance Core
Brain Balance Program
A Joint Commitment
The staff at Brain Balance™ will do everything to ensure optimal program outcomes for all participants. A great outcome to the program is dependent on your commitment to our policies and protocols. The Brain Balance Program® is successful when all participants including parents, guardians, and caretakers where applicable are involved in supporting the adherence to the program recommendations, including, timeliness and consistency with session attendance, performing home exercises daily, and implementing the nutrition and lifestyle recommendations.
Program Hours
The hours we recommend are based on our assessment and are only an estimate of what may be required. Program duration, performance, and improvement depend on many factors, including consistent participation and implementation of all aspects of the program.
Attendance
Sessions begin and end promptly at scheduled appointment times. For In Center sessions, participants are asked to arrive 5 minutes early o allow enough time to be signed in and ready to begin your session. A couple of points to note: time cannot be made up in the sensory-motor room, as the next participant's session will begin promptly.
Missed Sessions
Specific frequency of stimulation is required to promote change through our program. Missed sessions hinder progress, however, we realize that at times this is unavoidable. Missed Sessions may be rescheduled at the discretion of the Center Director, based on specific circumstances and availability.
Picking Up and Dropping Off
We ask that you be punctual in regard to the schedule. If you will be late, please feel free to call us. For children, please pick up and drop off please escort your student into and out of the center. We cannot be responsible for students outside of our Center.
Home Exercises
We advise you to complete all home exercises, activities and recommendations as consistently as possible, according to the guidelines given to you as it has been designed for optimal program outcomes. Please let the Center Director know immediately if you have any questions or have difficulty with these recommendations.
Consistency and Follow Through
I/We understand that following Brain Balance’s recommendations regarding participation in our program in Center, home exercises, and home environment are critical in achieving an optimal Brain Balance Program® outcome for myself, my/our child. I understand that if I/We do not adhere to the protocols established by Brain Balance Achievement Center staff, I/We must expect lower levels of improvement for myself/my child through the program.
Student Termination Policy
Participants are expected to comply with the policies and procedures outlined in the General Enrollment Form, and Program Guide. Participants who violate these policies are subject to termination from the Program. In addition, any action which is directed against any other partcipaint, that endangers the mental or physical health or safety of that student; or which induces or coerces a student to endanger another shall be grounds for immediate termination from the Program. If a student deliberately: (1) causes damage to the Center’s property or another student’s property; or (2) vandalizes property located in a Brain Balance Center; or (3) steals or attempts to steal property that does not belong to them, they will be subject to termination from the Program. Cell phones, mp4 players, and pets are not permitted.
Nutrition
During you/your student's Brain Balance program, you will receive two Nutrition Coaching sessions. All sessions will be scheduled through our program portal. Should you need to reschedule a session, for any reason, we request that you cancel at least 24 hours prior.
Holistic Program
I understand and acknowledge that nothing in the Brain Balance Program® is considered medical treatment of any kind. Brain Balance Achievement Centers do not practice medicine and do not provide diagnoses. None of the activities require a licensed health professional and no part of our program implies medical or healthcare treatment of any kind. The assessments and activities are not reimbursable under any health insurance plans. There will be no reports given or bills generated that are meant to be submitted for insurance reimbursement. The program consists of activities that are strictly physical and mental exercises as well as the Balance 360 System designed to improve a child’s overall health and balance in both body and mind.
Inclement Weather/Emergency Closings
Please call us to determine if the Center will be closed.
Our Attire
Distractions should be at a minimum during you/your student's sessions to ensure maximum benefit. For that reason, we ask that participants arrive in comfortable attire, which will provide full coverage, not limit mobility, and minimize distractions during their session.
Specific guidelines include:
- Must wear socks
- No skirts or dresses
- Hair must be worn out of the face or secured by a holder, which will stay in place through physical exercise
- Shirts should be tucked into the pants to avoid abdominal or waist exposure
- No dangling or distracting jewelry
The above items are a handy reference guide to commonly asked questions. These do not constitute all of our program details and policies. Please refer to your General Enrollment Form for further details and financial policies guiding our program.
Brain Balance Core Terms of Service
This Terms of Service agreement (the “Agreement” or “Terms”) apply to the access and use of the websites, applications and other products and services under Brain Balance Mobile, the cloud-hosted platform for cognitive training (collectively, our “Services”), which are provided by Brain Balance, (“COMPANY,” “us” or “we”), an Illinois-based limited liability company, for you (“customer”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to this Agreement.
A Joint Commitment
We want to ensure our customers receive the maximum benefit from participation in the Brain Balance program. The Brain Balance program is most successful when the customer is consistently following the recommended minimum usage of the program.
Age Requirement:
We require account holders to be 18 years of age or older and all users to be 4 years of age or older. If we determine that a child under 18 created a primary account, we will immediately suspend access to the account and delete any personal information associated with the child.
Consistency and Completion:
The Brain Balance program is designed to provide customers and/or those associated with their account games and activities that are designed to help improve cognitive skills. A positive outcome to the program is dependent on customer’s commitment to the Company’s recommendations, and is most successful when it is completed following the recommended minimum usage, which is completing the training activities in the app at least three (3) times per week with each session completed in its entirety, and completing at least three (3) coached sessions per week available live or as recorded sessions. It may be significantly less effective if the games and activities are not completed regularly and consistently, or portions are skipped. The duration of each program session takes approximately 30-45 minutes total to complete.
License
Payment grants customers the right to schedule and view coaching sessions, schedule up to three nutrition coaching sessions, view the materials, and use the portal to add additional users under their account for an additional cost (should you choose). The program payment grants customers and/or additional users under their account the right to access the training program on a tablet application (using either an Android or Apple device). The customer and/or additional users on their account will continue to have access to the training program as long as payment conditions are met (as set under “Program Fees and Refunds”). The materials and services available to the customer through the portal and tablet applications are proprietary to Brain Balance. Customers are permitted to use them during the license term for their own personal use and/or for any individual enrolled under their account. Customers are not permitted to use them for any commercial or business purpose or to use them for individuals not identified on their account. Customers are permitted to print out documents from the portal for personal use, but they are not permitted to make copies of our proprietary materials or republish our materials anywhere (including social media), or otherwise share or use them for any purpose other than their use of these materials for a user listed on their account. Enrollment in this program provides a customer one (1) user license for the administrative program, and this license is non-transferable. Login credentials are private and are not to be shared with non-enrolled users. Any violation of this license is grounds for the Company to terminate a customer’s access as well as access to the program portal, in addition to any other legal actions deemed necessary and appropriate.
Program Fees and Refunds
Program Fees
When individual customers sign up for our services, the customer agrees to a recurring program subscription contract for each individual user associated with their account with Brain Balance on a monthly basis for an initial minimum duration of six months, with the option to renew for another six month term, after which customers may opt to continue on a monthly subscription basis (the “Subscription Term”). When the customer registers for a subscription, the customer expressly acknowledges and agrees that (A) Brain Balance or our third party payment processor is authorized to charge the customer a one-time payment or on a monthly basis (in addition to any applicable taxes and other charges) for as long as the customer’s subscription continues, and (B) the customer’s subscription is continuous for six months at a time or until the customer cancels it or we suspend or stop providing access to the services in accordance with these terms.
Payment and Billing Information:
By providing a credit card or other payment method that we accept, the customer represents and warrants that Brain Balance is authorized to use the designated payment method. In addition, the customer authorizes Brain Balance (or our third-party payment processor) to charge the designated payment method for the total amount of customer’s subscription fees (and applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, the customer’s account may be suspended until the payment is processed. The customer must resolve any problem the company encounters in order to proceed. The customer acknowledges that the amount billed may vary due to promotional offers, changes to their subscription or changes in applicable taxes or other charges, and the customer authorizes the company (or our third-party payment processor) to charge the provided payment method for the corresponding amount.
The billing period for a customer starts on the day of the month they initially subscribed, and renews on that same date for all subsequent months. The billing date is when the payment will be processed. For example, if a customer initially subscribed on the 15th of the month, that customer will have their payment processed on the 15th of all subsequent months. In the event a month does not contain a customer's billing date (e.g. the 31st), the customer's payment will be processed on the last day of that month. For example, if a customer initially subscribed on January 31st, their payment will be processed on February 28th (29th in a leap year), March 31st, April 30th, and so on.
Cancellation Policy for Brain Balance Core:
The customer may cancel their subscription up to 7 days after their program subscription payment at the start of their initial or subsequent six month program term by contacting us at support@brainbalancecenters.com or by cancelling their subscription by accessing their account information in their portal. Such cancellation notice must be sent by the designated account owner. Inactivity does not constitute automatic cancellation, so unless the customer cancels the subscription term in accordance with this section, the customer shall continue to be charged for subscription to the services.
After two six month program terms, customers are eligible for a month-to-month program subscription. For month-to-month subscriptions, all cancellation requests will take effect at the end of their subscription period in which the cancellation request is made, as long as the request is made at least five (5) days in advance of the end of the current monthly billing cycle. If the request is made inside of five (5) days of the end of the current monthly billing cycle, the cancellation will occur at the end of the following monthly billing cycle. The customer will be responsible for all fees and any applicable taxes and other charges rendered up through the cancellation date. In the event of cancellation of the subscription term, the access to Brain Balance to authorized users shall also terminate.
In the event of cancellation of the subscription term, please note that we may still send you promotional communications about Brain Balance and the company’s products, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Assumption, Release, and Indemnity:
Some of the Brain Balance program involves or may involve physical activity, which is referred together herein as the “activities”. The activities are or may be vigorous and consequently involve inherent risks of injury. Customers understand the demands of the activities relative to the user’s physical condition and skill level. The customer represents that all users listed on their account do not have any physical or health problems that would preclude the user from participating in the activities. Although the program was developed with safety in mind, it is impossible to eliminate all risk and possibility of injury. The customer understands that some of the inherent risks and potential injuries include but are not limited to slipping, falling, tripping, bruises, muscle strain, sprains, rug or exercise mat burns; collisions with other people or objects; broken bones; cuts; overexertion; concussions; eye injuries; paralysis; brain injury; equipment failure; error of judgment by all staff members or third-parties; and physical, emotional, or other types of injury to a user. The customer understands and voluntarily assumes all inherent risks, potential injuries, and infection from any virus or disease and agrees that no amount of care, caution, instruction or expertise can eliminate all inherent risks and potential injuries. To the fullest extent permitted by law, the customer on behalf of the customer, additional users associated with their account, their heirs, executors and representatives voluntarily assume all inherent risks and potential injuries associated with the activities and the program; hold harmless, agree not to sue, agree to indemnify, waive and release Brain Balance, its owners, officers, directors, shareholders, members, managers, partners, agents, employees, contractors, representatives, heirs, assigns, volunteers, parent companies, subsidiaries, franchisors, equipment providers, insurers, landlords, and their affiliates (collectively, the “Protected Parties”) from and against all liabilities, losses including loss of consortium, damages, claims, demands, actions, suits, causes of action, costs, fees, and expenses (including reasonable attorney’s fees) relating to, resulting from, or arising out of, or alleged to have arisen out of (in whole or in part) any injury, damage, or loss (a) that occurs in connection with the customer’s and user’s participation in the Brain Balance program, (b) that occurs in or about the center or where any of the activities are taking place or in transportation to or from the center, or (c) that results from the ordinary negligence of any of the protected parties to the maximum extent allowed by the law, the foregoing releases shall apply even if an injury is caused and/or such claim or demand is based, in whole or in part, upon the legal theory of strict liability.
Dispute Resolution:
The customer agrees that any dispute or claim arising out of or relating to this Agreement, the program, or the activities, including any personal injury, shall be brought by a party individually and not as a plaintiff or class member in any purported class or representative capacity and shall be determined by binding arbitration before a single arbitrator administered by the American Arbitration Association. No award shall exceed the amount of the claim and the arbitrator shall have no authority to award punitive or exemplary damages. If a party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph. To the maximum extent permitted by law, the customer and all associated users, their heirs, executors and representatives, knowingly and voluntarily, with full awareness of the legal consequences, after consulting with legal counsel (or after having waived the opportunity to consult with counsel) waives the right to a bench trial or jury trial of any and all disputes and agrees to resolve any and all disputes through arbitration.
Additional Terms:
Users who create an account or use the Services agree to the terms of the Brain Balance privacy policy, available here. Brain Balance reserves the right and shall be free to revise its program from time to time in its reasonable discretion and business judgment. The terms of this Agreement shall apply to the customer’s initial term and all subsequent enrollments and participation in the program. This Agreement shall be binding upon and inure to the benefit of the parties hereto and to their respective heirs, representatives, and successors. Electronic copies of the Agreement hereon shall have the same legal status as originals. Customers have been and are hereby urged to consult with attorneys and advisors concerning the advisability of entering into this Agreement if you feel necessary. If any portion of this Agreement is ever declared to be invalid or unenforceable, such portion shall be deemed severed from this Agreement, however, the remaining parts of the Agreement, including the remaining parts of the paragraph containing the unenforceable portion, shall remain in full force to the fullest extent possible. Customers agree that there are no oral agreements, representations, premises, or warranties other than any expressly set forth herein and that customers are not relying on any statements or representations that are not expressly contained herein. This Agreement constitutes the entire and exclusive understanding and agreement between the parties and supersedes any previous negotiations, agreements, or representations. This Agreement shall be construed fairly and equally as to all parties and the parties hereby irrevocably waive the benefit of any rule of contract construction which disfavors the drafter of an agreement. This Agreement may only be amended in a writing signed by all parties. Where customers are the parent or legal guardian of a child under the age of 18, customers represent and warrant to the Protected Parties that customers have the legal capacity and actual authority to act for and on behalf of the child and any other parent or guardian of the child and to execute this Agreement on their behalf, including but not limited to, the arbitration clause, waiver and release of claims and indemnity, and customers agree to indemnify and defend the Protected Parties from and against all claims or liabilities resulting from or relating to any insufficiency of the parent or legal guardian’s legal capacity or authority to act for or on behalf of the student.