Terms of Service

Effective Date: November 24, 2025 | Last Updated: November 24, 2025

Welcome to Red Earth Clinic. By scheduling an appointment, receiving services, or using our website, you agree to these Terms of Service. Please read them carefully. If you do not agree to these terms, please do not use our services.

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you (the "Patient" or "you") and Red Earth Clinic LLC ("Red Earth Clinic," "we," "us," or "our"). By:

• Scheduling an appointment
• Receiving treatment or consultation services
• Purchasing herbs or products
• Using our website or online forms
• Communicating with our staff

You acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

2. Services Provided

Traditional Chinese Medicine

Red Earth Clinic provides Traditional Chinese Medicine services, including but not limited to:

• Acupuncture (Japanese style - Dr. Bear Method)
• Classical Chinese herbal medicine
• Gentle chiropractic adjustments
• Lifestyle and dietary counseling
• Clinical Intensive Wellness programs

Scope of Practice

David Miranda is a licensed acupuncturist in the State of Georgia. Our practice operates within the scope defined by Georgia law and professional standards. We maintain appropriate licensure, insurance, and continuing education requirements.

3. Patient Responsibilities

Accurate Information

You agree to:

• Provide complete and accurate health history information
• Disclose all current medications, supplements, and treatments
• Inform us of any changes to your health status
• Report any adverse reactions or concerns promptly
• Update your contact and insurance information as needed

Medical Collaboration

You are responsible for:

• Maintaining your relationship with your primary care physician
• Following up on serious symptoms with appropriate medical care
• Informing your other healthcare providers about TCM treatment
• Not discontinuing prescribed medications without consulting the prescribing physician

Treatment Compliance

Optimal results require your active participation. You agree to:

• Follow recommended treatment plans
• Take herbs as prescribed
• Implement suggested lifestyle modifications
• Attend scheduled appointments consistently
• Communicate openly about challenges or concerns

4. Appointment Policies

Scheduling

• Appointments must be scheduled in advance
• New patients require completion of intake paperwork before the first visit
• We recommend arriving 10 minutes early for your first appointment
• Late arrivals may result in shortened appointment times

Cancellation Policy

48-Hour Notice Required: We require at least 48 hours' notice for appointment cancellations or rescheduling.

• Late cancellations (less than 48 hours): May be charged 50% of appointment fee
• No-shows (without notice): Will be charged 100% of appointment fee
• Emergency situations: Contact us as soon as possible; fees may be waived at our discretion
• Repeated cancellations: May result in requirement for advance payment or loss of appointment priority

Waitlist Protocol

Due to high demand:

• New patient appointments may have a 3-4 week wait
• Clinical Intensive Week programs require 4-6 weeks advance planning
• We maintain a cancellation waitlist for earlier openings
• Priority scheduling may be given based on urgency and clinical need

5. Payment Terms

Fees and Payment

• Payment is due at the time of service unless other arrangements have been made
• We accept cash, checks, and major credit cards
• Current fee schedule is available upon request
• Fees are subject to change with 30 days' notice

Insurance

We participate with most major insurance plans:

• We will bill your insurance as a courtesy
• You are responsible for knowing your coverage details
• Co-pays and deductibles are due at time of service
• Any balance not covered by insurance is your responsibility
• We cannot guarantee insurance payment or coverage

Outstanding Balances

• Accounts more than 30 days past due may be subject to a monthly finance charge
• Unpaid balances may be sent to collections
• Patients with outstanding balances may not be able to schedule new appointments
• Financial hardship arrangements may be available - please discuss with our office

Refund Policy

• Service fees are non-refundable once services are rendered
• Herbal products may be eligible for refund within 30 days if unopened
• Clinical Intensive Week deposits are non-refundable due to scheduling commitments
• Package or prepaid services may be refundable on a case-by-case basis

6. Clinical Intensive Wellness Program

The Clinical Intensive Week (CIW) program has additional terms:

Application and Acceptance

• Not all applicants are accepted into the program
• Acceptance is based on clinical appropriateness and our ability to help
• A comprehensive health assessment is required
• We reserve the right to decline any application

Commitment Requirements

• Daily appointments for 4-5 consecutive days
• Compliance with herbal protocols
• Implementation of lifestyle recommendations
• Full participation is essential for success

Deposit and Payment

• Non-refundable deposit required to reserve program dates
• Balance due before program start date
• Cancellations within 2 weeks of start date forfeit full payment

7. Herbal Products

Custom Formulas

• Herbs are prescribed specifically for your individual constitution and condition
• Do not share herbs with others
• Follow dosing instructions carefully
• Report any adverse reactions immediately
• Store herbs properly as instructed

Quality Assurance

• We source herbs from reputable, GMP-certified suppliers
• All herbs are tested for contaminants
• We stand behind the quality of our products
• Expired or improperly stored herbs will not be dispensed

8. Limitations of Liability

Medical Disclaimer

Traditional Chinese Medicine is a healthcare system with thousands of years of documented use. However:

• Results vary by individual and condition
• We make no guarantees of specific outcomes
• Some conditions may not respond to TCM treatment
• Healing timelines vary and cannot be predicted with certainty
• TCM is most effective as part of a comprehensive approach to health

Risk Acknowledgment

You acknowledge that:

• All medical treatments carry some degree of risk
• Acupuncture may cause temporary soreness, bruising, or fatigue
• Herbs may interact with medications or other supplements
• You have been given opportunity to ask questions and discuss risks
• You voluntarily consent to treatment

Limitation of Damages

To the fullest extent permitted by law, Red Earth Clinic's liability is limited to the fees paid for the specific service that gave rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages.

9. Intellectual Property

All content on our website, including but not limited to:

• Text, graphics, logos, and images
• Articles and educational materials
• Treatment protocols and methodologies
• Website design and functionality

Is the property of Red Earth Clinic and is protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our written permission.

10. Patient Conduct

We strive to maintain a respectful, professional environment. We reserve the right to discontinue services to patients who:

• Are verbally abusive or disrespectful to staff
• Repeatedly violate appointment policies
• Fail to pay for services rendered
• Are non-compliant with treatment recommendations without communication
• Engage in behavior that compromises the safety or comfort of others

In such cases, we will provide appropriate referrals and transfer care in a professional manner.

11. Communications

Appointment Reminders

• We send appointment reminders via email, text, or phone
• It is your responsibility to keep us informed of current contact information
• You may opt out of reminder communications at any time

Email and Text Messages

• Standard email and text are not secure methods of communication
• Do not send sensitive health information via unencrypted channels
• Email and texts are for administrative purposes, not emergencies
• We will make reasonable efforts to respond within 1-2 business days

After-Hours Contact

• For emergencies, call 911 or go to the nearest emergency room
• We do not provide 24-hour on-call service
• Non-urgent questions can be addressed at your next appointment

12. Termination of Care

Patient-Initiated

You may discontinue care at any time. We request that you:

• Inform us of your decision
• Complete any outstanding treatment sessions if prepaid
• Settle any outstanding balances
• Request records transfer if continuing care elsewhere

Practitioner-Initiated

We may discontinue care if:

• You consistently miss appointments or fail to follow treatment plans
• Your condition is outside our scope of practice
• The therapeutic relationship has broken down
• You violate these Terms of Service

In such cases, we will provide written notice (except in emergency situations) and offer reasonable assistance in transferring care.

13. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified terms. Material changes will be communicated to active patients.

14. Governing Law and Dispute Resolution

These Terms of Service are governed by the laws of the State of Georgia. Any disputes arising from these terms or your use of our services shall be resolved through:

1. Good Faith Discussion: We prefer to resolve issues through direct communication
2. Mediation: If discussion fails, disputes may be submitted to mediation
3. Arbitration: If mediation is unsuccessful, binding arbitration in Fayette County, Georgia

15. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Red Earth Clinic regarding the use of our services and supersede any prior agreements.

17. Contact Information

Last reviewed and updated: November 24, 2025. We recommend reviewing these terms periodically for any changes.