Total Function Physical Therapy PC: Legal Risks & Contractual Gaps in Terms & Conditions | Erayaha

When Legal Loopholes Become Costly: A Case Study on Total Function Physical Therapy PC's Terms & Conditions

Imagine facing a $250,000 lawsuit due to an ambiguous liability clause, or incurring GDPR fines of up to €20 million for non-compliant data practices. Our analysis of Total Function Physical Therapy PC's Terms & Conditions reveals several legal and logical vulnerabilities that could expose the business to significant financial and regulatory risks.

1. Overbroad Limitation of Liability: A Litigation Magnet The T&C limits liability to only the amount paid for services, regardless of actual damages. This approach, while common, is often unenforceable in many jurisdictions—especially if it attempts to exclude liability for gross negligence or statutory violations. Courts have invalidated such clauses, leading to unpredictable, potentially massive damages awards. For a healthcare provider, even a single adverse event could result in six-figure exposure.

Legal Analysis

high Risk

Removed

Added

To the extent permitted by applicable law, our liability for any claim against us shall be limitedarising out of or relating to the use of our products and/or services shall not exceed the total amount you paid, if any, by you for use ofsuch products and/or services in the twelve (12) months preceding the event giving rise to the claim. Total Function Physical Therapy PC willThis limitation does not be liable for any directapply to liability arising from gross negligence, indirectwillful misconduct, incidental, consequential or exemplary loss or damages which may be incurred by you as a resultviolations of using our Resourcesstatutory rights, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtimewhich shall remain subject to the full extent that applicable limitation of liability laws applylaw.

Legal Explanation

The original clause is overly broad and likely unenforceable, especially if it purports to exclude liability for gross negligence or statutory breaches. The revision narrows the limitation, aligns with legal standards, and preserves enforceability by carving out exceptions required by law.

2. Unilateral Modification Rights: Compliance and Consumer Protection Risks The agreement allows the provider to change terms at any time without notice, placing the entire burden on users to monitor updates. This is inconsistent with consumer protection standards (e.g., FTC, EU directives), which require clear notice and sometimes explicit consent for material changes. Failure to comply can result in regulatory investigations and fines, often ranging from $2,500 to $42,530 per violation under the FTC Act.

Legal Analysis

high Risk

Removed

Added

We reserve the right to changemay update this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibilityMaterial changes will be communicated to review this User Agreement periodicallyusers via email or prominent notice on the website at least thirty (30) days prior to familiarize yourself with any modificationstaking effect. Your continuedContinued use of thisthe site after such modifications will constitute acknowledgment and agreementnotice constitutes acceptance of the modifiedupdated terms and conditions.

Legal Explanation

Unilateral modification without notice is inconsistent with consumer protection laws and may render changes unenforceable. The revision ensures users are properly notified and given time to review material changes, reducing regulatory risk.

3. Ambiguous Termination and Data Deletion Provisions The T&C permits suspension or deletion of user data at sole discretion, without specifying retention periods or user rights upon termination. This creates significant risk under privacy laws (GDPR, CCPA), which mandate clear data retention and deletion policies. Non-compliance can lead to regulatory penalties and reputational harm, with GDPR fines alone reaching up to €20 million or 4% of global revenue.

Legal Analysis

critical Risk

Removed

Added

we reserve the right to removeUpon termination or delete anysuspension of your account, we will retain your personal information that you may have on file with usonly as long as necessary to fulfill legal, including any accountregulatory, or login informationbusiness obligations, after which it will be securely deleted in accordance with our Privacy Policy and applicable data protection laws. Users may request deletion of their data subject to legal requirements.

Legal Explanation

The original clause lacks specificity regarding data retention and user rights, creating compliance gaps under GDPR and CCPA. The revision clarifies obligations and aligns with privacy law requirements for data handling and user requests.

4. Overreaching Intellectual Property Assignment User-generated content posted via open communication tools automatically becomes the exclusive property of the company, with a perpetual, irrevocable, worldwide, royalty-free license. This overreach risks being invalidated for lack of specificity and may deter user engagement, while also exposing the company to copyright disputes and statutory damages (up to $150,000 per infringement).

Legal Analysis

medium Risk

Removed

Added

anyBy posting content posted by you using anyvia open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property ofyou grant Total Function Physical Therapy PC, and as such, gives us a perpetualnon-exclusive, irrevocable, worldwide, royalty-free, exclusive license to use, reproduce, modify, adapt, translate, publish, publiclyand display such content solely for the purposes of operating and/or distribute as we see fit improving the website and related services. You retain all ownership rights in your content, and this license may be terminated by removing your content, subject to technical and legal limitations.

Legal Explanation

The original clause is overreaching and may be invalidated for lack of specificity and fairness. The revision preserves user ownership, limits the license scope, and aligns with industry standards, reducing risk of copyright disputes.

Conclusion: Proactive Legal Safeguards Are Essential Our examination shows that these contractual gaps expose Total Function Physical Therapy PC to substantial financial, regulatory, and reputational risks. Addressing these issues with precise, enforceable language and compliance-driven policies is critical for sustainable business operations.

How confident are you that your contracts would withstand regulatory scrutiny or litigation?
What would a six-figure lawsuit or regulatory fine mean for your business continuity?
Are your terms proactively protecting your interests—or leaving you exposed?

**This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai's terms of service for liability limitations.**