TERMS OF USE
POSTPARTUM DOULA SERVICES
MASSAGE THERAPY
TERMS OF USE
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, ANY DISPUTES UNDER THESE TERMS WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
1. Introduction and Acceptance of Terms
Welcome to the website of Jessica Solorzano (“she,” “her,” “Jessica”) and her massage therapy business, Tokpa Massage Therapy, PLLC (“Tokpa,” “TMT”). When referring to both Jessica and Tokpa Massage Therapy, PLLC, “our,” “us”, “we” will be used. By accessing this website, booking an appointment, or receiving services from Jessica or Tokpa Massage Therapy, PLLC, you agree to these Terms of Use (“Terms”). If you do not agree to these Terms, please do not use this website or services.
2. Purpose of Website and Services
This website provides general information about Tokpa’s massage therapy services and Jessica’s complementary services, allows for online appointment scheduling, and may offer access to client records or communications. All information on the website is for informational purposes only and does not constitute medical advice.
3. Eligibility
You must be at least 18 years old to use this website or to schedule massage services. Minors of at least 16 years of age must have the permission of at least one parent or legal guardian and their parent or guardian must be present in the office or their home (for outcall services) when receiving services.
You must be at least 18 years old to receive postpartum doula services.
By using the website or booking services, you represent and warrant that you are at least 18 and, if booking for another person, that they also meet the age requirement above.
4. Booking, Payment, and Cancellation
4a. Tokpa Massage Therapy, PLLC
Appointments can be scheduled online or by contacting us directly.
Payment is collected electronically at the time of booking. We do not have access to your full payment information.
All payments are final unless otherwise stated in our cancellation policy.
Cancellations must be made at least 24 hours in advance. Late cancellations or no-shows may incur a fee up to the full session price.
We reserve the right to cancel or refuse appointments at our discretion. If we cancel or refuse your appointment for reasons other than your violation of these Terms or your inappropriate conduct, any payment collected will be fully refunded. If cancellation or refusal is due to your violation of these Terms or your inappropriate conduct, no refund will be issued.
If you book an appointment on behalf of another person, you represent and warrant that you have their authorization to do so and that they meet all eligibility requirements. The recipient of the service must complete all required intake forms, provide informed consent, and review and accept certain terms and conditions before receiving services. The person booking the appointment is responsible for payment and for complying with the cancellation and refund policies.
4b. Postpartum Doula Services:
Appointments must be scheduled over the phone or in person.
Payment is collected via Zelle or PayPal.
All payments are final unless otherwise stated in her cancellation policy.
She reserves the right to cancel or refuse appointments at her discretion. If she cancels or refuses your appointment, any payment collected will be fully refunded. In the event that you have received a portion of the services and she cancels or refuses to provide services, then the remaining portion will be refunded. If cancellation or refusal is due to your violation of these Terms or your (or anyone associated with you during your postpartum visits) inappropriate conduct, no refund will be issued.
If you book visits on behalf of another person, you represent and warrant that you have their authorization to do so and that they meet all eligibility requirements. The recipient of the service must complete all required intake forms, provide informed consent, and review and accept certain terms and conditions before receiving services. The person booking the appointment is responsible for payment and for complying with the cancellation and refund policies.
5. Packages, Gift Certificates, and Prepaid Sessions
Packages, gift certificates, and prepaid sessions may be subject to additional terms and conditions, including expiration dates, refund policies, transferability, and extension options. The specific terms applicable to each purchase will be presented at checkout or at the time of sale. In the event of any conflict between these Terms of Use and the terms provided at checkout, the checkout terms will control for that purchase.
6. Health Information and Client Responsibilities
Before receiving services, you will be asked to complete intake forms and share information about yourself, including medical history and physical conditions. This information is used solely to provide appropriate services and is handled in accordance with our Privacy Policy.
You agree to provide complete and accurate information. If you withhold relevant health details, we may be unable to provide services safely.
For prenatal massage, you must confirm your pregnancy status and provide details regarding your stage of pregnancy and any complications. You may also be required to provide written medical clearance from your healthcare provider before receiving prenatal massage services.
If you are the recipient of an appointment booked by someone else, you must personally complete all required intake forms and provide accurate health information before receiving services.
We may decline or modify services for any client if there are contraindications, safety concerns, or if required documentation is not provided.
7. Client Conduct and Acceptable Use
You agree not to use the website for any unlawful purpose, attempt to gain unauthorized access to our systems or client data, transmit harmful or disruptive code, or misrepresent your identity or health status.
We reserve the right to suspend or terminate your access to the website or services for any violation of these Terms.
7a: Tokpa Massage Therapy, PLLC
Clients must maintain appropriate hygiene, arrive on time, and treat staff and other clients with respect.
Disruptive, inappropriate, or unsafe behavior will result in immediate termination of the session and possible refusal of future services.
7b: Postpartum Services
Jessica arrives at the client’s home when they are in any physical, emotional, and mental state and will not pass judgement during the postpartum visits.
Disruptive, inappropriate, or unsafe behavior may result in immediate termination of the session and possible refusal of future services, or she may call 911 when necessary.
8. Scope of Practice and Health & Safety
8a. Tokpa Massage Therapy, PLLC
TMT provides non-medical massage therapy and related wellness services. While TMT may recommend or demonstrate exercises and stretches to support your wellness goals, TMT does not diagnose medical conditions, provide medical treatment, or prescribe medications.
All clients must complete a health intake form and sign an informed consent before receiving any services.
8b. Postpartum Services
Jessica provides non-medical emotional, physical, spiritual, mental support and related wellness services stated on this website and in a separate agreement. While she may make recommendations and suggestions, she is not a mental health practitioner, a dietician, nutritionist, doctor and she does not diagnose medical conditions, provide medical treatment or advice, or prescribe medications.
All clients must complete a health intake form and sign an informed consent before receiving any services.
9. Intellectual Property
All content, graphics, logos, text, images, software, and other materials displayed on the website or that we provide, including the design, layout, and look and feel (“Content”), are our exclusive property, or the exclusive property of our licensors, and are protected by copyright, trademark, and other intellectual property laws. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, or used for any commercial purpose without our prior express written consent. Any unauthorized use of the Content is strictly prohibited and may result in civil liability and, in certain cases, criminal penalties.
10. Privacy and Data Security
Your use of our website and services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our website or services, you consent to our collection and use of your information as described in the Privacy Policy.
11. Disclaimers and Limitation of Liability
Our services are not a substitute for medical diagnosis or treatment. No medical advice is provided.
Massage Services are provided for relaxation and wellness purposes only.
Postpartum Doula Services and related services are provided for support only.
The website is provided “as is” and “as available” without warranties of any kind. We do not guarantee that the website will be uninterrupted or error-free, and we disclaim all warranties, express or implied, including but not limited to fitness for a particular purpose.
Massage Services: You are responsible for informing TMT of any allergies or sensitivities to oils, creams, lotions, or other products that may be used during massage therapy. TMT is not liable for allergic reactions or adverse effects resulting from undisclosed allergies or sensitivities.
Postpartum Doula Services: You are responsible for informing Jessica of any allergies or sensitivities to food, products, ingredients, etc. She is not liable for allergic reactions or adverse effects resulting from undisclosed allergies or sensitivities.
Any exercises or stretches recommended or demonstrated by TMT are intended for general wellness purposes only. You are responsible for performing any exercises or stretches safely and within your own physical limits. TMT is not liable for any injury or adverse effect resulting from your performance of exercises or stretches outside of our direct supervision.
Postpartum Doula Services and Tokpa Massage Therapy, PLLC: We are not responsible for illness or adverse health events that occur after a session/ visit, except to the extent caused by our gross negligence or willful misconduct.
For in-home massage sessions:
○ You are responsible for providing a safe and suitable environment for massage therapy, including any equipment (such as a massage table) or furniture you supply. TMT is not liable for injuries, property damage, or accidents resulting from the use or failure of client-provided equipment, unsafe premises, or conditions beyond our control.
○ If TMT provides equipment (such as a massage table), TMT is not liable for injuries or property damage, unless caused by our gross negligence or willful misconduct.
○ You are responsible for protecting your furniture and belongings from potential spills or stains from oils, creams, or other products used during the session.
To the fullest extent permitted by law, we, our owners, employees, contractors, and agents are not liable for any injury, loss, or damages arising from your use of our website or services, or reliance on any content, including in connection with third-party platforms.
We, together with our owners, employees, and contractors, reserve the right to refuse, modify, or discontinue services at any time if, in our professional judgment, proceeding would present a health or safety risk—including, but not limited to, situations involving pregnancy, undisclosed health conditions, or lack of required medical documentation. You acknowledge that massage therapy involves certain inherent risks, including risks specific to pregnancy or preexisting health conditions, and you agree to assume such risks to the extent permitted by law.
The above also applies to Postpartum Doula and related services during the postpartum period and during meetings/ visits.
12. Indemnification
You agree to indemnify and hold harmless us, our owners, employees, contractors, agents, and affiliates from and against any claims, damages, losses, or expenses arising from your violation of these Terms, your unlawful conduct, or your intentional misconduct in connection with your use of our website or services. This indemnification does not apply to claims arising from our or our staff’s negligence or willful misconduct.
13. Dispute Resolution
In the event of any dispute, claim, or controversy (“Dispute”) arising out of or relating to these Terms or the services provided, the parties shall first attempt in good faith to resolve the Dispute through mediation with a neutral third party in New York County, New York. The parties shall attempt to agree on a mediator within ten (10) business days. If the parties are unable to agree on a mediator within that time, or if the Dispute is not resolved through mediation within thirty (30) days after the first mediation session (or such other period as the parties may mutually agree in writing), either party may initiate binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in New York County, New York, in the English language. The arbitrator’s decision shall be final and binding, and judgment may be entered upon such decision in any court having jurisdiction. The prevailing party in any mediation or arbitration shall be entitled to recover reasonable attorneys’ fees and costs incurred in connection with the Dispute.
14. Termination
We reserve the right, in our sole discretion and without notice, to suspend, restrict, or terminate your access to the website or services, or to refuse to provide services, at any time and for any reason, including but not limited to violation of these Terms, unsafe or inappropriate conduct, suspected fraud or misuse, or as otherwise permitted or required by law. We also reserve the right to remove or disable any account, information, or content that, in our judgment, violates these Terms or may harm the business, other users, or third parties.
15. Changes to Terms
These Terms may receive updates from time to time. Any changes will be effective when posted on our website with a revised “Effective Date.” Your continued use of the website or services after any changes are posted constitutes your acceptance of the revised Terms. It is recommended for you to review these Terms periodically.
16. Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.
17. Contact Information
For questions or concerns about these Terms, please contact:
Jessica Solorzano & Tokpa Massage Therapy, PLLC
Email: jess.solorzano.lmt@gmail.com
Disclaimer: Postpartum Doula Services provided by Jessica and Massage therapy services provided byTokpa Massage Therapy, PLLC are not a substitute for medical care. Always consult your physician regarding any health concerns.
The information provided in Jessica and Tokpa’s newsletter, blog, and resource/ referral pages is for general informational purposes only and is not intended as medical advice, diagnosis, or treatment. The information may reference or feature complementary services such as doula care, acupuncture, physical therapy, or other wellness practices and services. These references are for educational purposes and do not constitute endorsements or guarantees of any specific outcomes. Always consult a qualified healthcare provider before beginning any new treatment or service.
If guest contributors or collaborating practitioners are featured, their views and opinions are their own and do not necessarily reflect those of Jessica Solorzano or Tokpa Massage Therapy, PLLC.