„Franchisee” means any party bound by a franchise agreement with you that you have designated to receive services under this Agreement. Franchisees are bound by the terms of this Agreement as if they were an original party to this Agreement. You must notify us if you are subject to HIPAA and sign a BAA agreement. Mandatory informal dispute resolution. If you have a dispute with Mindbody arising out of or in connection with this Agreement, you agree to notify Mindbody in writing with a brief written description of the Dispute and your contact information, and Mindbody will have thirty (30) days from the date of receipt to attempt to resolve the Dispute to your reasonable satisfaction. If the parties are unable to resolve the dispute by negotiating in good faith during this thirty (30) day period in this informal proceeding, either party may request resolution of the dispute in accordance with the arbitration agreement below. HIPAA. The Health Insurance Portability and Liability Act of 1996 („HIPAA”) prescribes rules for the protection of certain personal health information, or „PHI,” as that term is defined in HIPAA. If you or an affiliate is subject to HIPAA and provides or processS in connection with the Services, you must notify Mindbody before accessing or using the Services and enter into a Business Partnership Agreement („BAA”) in the form provided by Mindbody.
You are solely responsible for determining whether you or your affiliates are subject to HIPAA. You can send a notification and request a BAA by sending an email to privacy@mindbodyonline.com. „Affiliate” means any company that is directly or indirectly controlled, controlled by or under common control with you and that is designated to receive Services under this Agreement. For the purposes of this definition, `control` means the power to determine or induce the direction of the management and policies of the undertaking concerned, whether through own funds, a credit agreement, a franchise agreement or any other contractual arrangement. „Affiliate” also includes all of your business locations and franchisees designated to receive services under this Agreement. Payment. Mindbody offers the ability to process payments through the Services („Payment Processing Services”). Payment processing services are provided by our third-party payment processors as third-party offerings, and any provisioning by you or your affiliates is subject to a separate merchant agreement that is solely between you (or your affiliate) and the third-party provider. If you use payment processing services, you agree that you and your affiliates will at all times comply with the terms of all applicable merchant agreements and all applicable rules, policies, laws and regulations of the card network when using such payment processing services. Entire Agreement.
This Agreement, together with all Purchase Orders and all terms and policies incorporated into this Agreement by reference (including by reference to a URL), constitute the entire Agreement and supersede all prior agreements between you and Mindbody with respect to the subject matter of this Agreement. In the event of any conflict between a purchase order and this contract, the purchase order shall prevail. This Agreement supersedes and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, between Mindbody, on the one hand, and you or any of its affiliates, on the other. Agreement. This Agreement is a binding legal agreement between you and the relevant Mindbody company set forth in Section 14.4 below („Mindbody”, „we”, „us” or „our”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that legal entity and its affiliates to this Agreement, and all references to „you” and „your” in this Agreement refer to that legal entity. You and Mindbody are sometimes referred to individually as the „Party” and collectively as the „Parties” in this Agreement. When we update our products and services, we may update this Agreement.
If these updates are important, we will notify you. You can access the current agreement online at any time. Communication and electronic signatures. You consent to the use of electronic communications to enter into agreements and place orders, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. In addition, you hereby waive any right or requirement under any law or regulation in any jurisdiction that requires an original (non-electronic) signature or the delivery or retention of non-electronic records to the extent permitted by applicable law. „Mindbody App” means mindbody.io/ (or other URL provided by Mindbody) that may be updated by Mindbody from time to time, as well as the downloadable and consumer-facing mobile application provided by Mindbody, known as the „Mindbody App” (and its successor products), which allows consumers to use their mobile devices to find the services of participating Companies subscribing to Mindbody; to book and pay.. .
