Sunny Day Behavioral, LLC – Terms & Conditions

Effective Date: February 16, 2026

These Terms & Conditions (“Agreement”) govern your access to and use of services provided by Sunny Day Behavioral, LLC (“SDB,” “we,” “our,” or “us”), including Applied Behavior Analysis services, telehealth sessions, website usage, communications, SMS messaging, educational events, and related platforms. By accessing or using our services, you agree to be legally bound by this Agreement.

Acceptance of Terms

1.1 You affirm that you are at least 18 years of age or the legal guardian of a minor receiving services.

1.2 You acknowledge that you have read and agree to our Privacy Policy and HIPAA Notice of Privacy Practices.

1.3 Continued use of services constitutes ongoing acceptance of these Terms.

Scope of Services

SDB provides:

2.1 Applied Behavior Analysis therapy and clinical services.

2.2 Parent and caregiver training.

2.3 Assessments, evaluations, reports, and supervision.

2.4 Telehealth and virtual sessions.

2.5 Professional development and educational events.

2.6 Communication through secure portals, email, phone, and SMS messaging.

Services may be delivered in homes, schools, community settings, or virtually depending on clinical and funding approval.

Eligibility

3.1 Completion of intake documentation is required prior to service delivery.

3.2 Therapy clients must meet clinical criteria when applicable.

3.3 Services requiring third-party funding must receive proper authorization.

3.4 SDB reserves the right to suspend or terminate services for non-compliance, safety concerns, fraud, or administrative failure.

Appointments and Cancellations

4.1 Sessions require at least 24 hours notice for cancellation unless an emergency occurs.

4.2 Repeated no-shows or excessive cancellations may result in discharge or funding review.

Consent to Observation and Recording

5.1 Sessions may be observed live for supervision, quality assurance, or training.

5.2 Recording of sessions occurs only with explicit written consent obtained prior to the start of recording, in compliance with Florida law including Fla. Stat. § 934.03.

5.3 Unauthorized recording, reproduction, or distribution of sessions or materials is strictly prohibited.

Financial Responsibility

6.1 Clients are responsible for co-pays, deductibles, and charges not covered by insurance.

6.2 Insurance and billing information must be updated within five business days of any change.

6.3 Failure to comply may result in suspension of services or collection procedures.

Intellectual Property

7.1 All materials, content, documentation, assessments, training resources, and instructional media are the exclusive intellectual property of Sunny Day Behavioral, LLC.

7.2 You may not copy, record, reproduce, distribute, alter, resell, or repurpose materials without prior written permission.

Data Use and Confidentiality

8.1 You authorize SDB to collect, retain, and analyze relevant data for clinical, compliance, insurance, and supervision purposes.

8.2 Data is safeguarded using reasonable administrative, physical, and technical protections.

8.3 All SMS and mobile messaging practices are governed by Section 9 below and the Privacy Policy.

Mobile Messaging Terms

9.1 By providing your mobile number and affirmatively opting in, you consent to receive SMS messages from Sunny Day Behavioral, LLC related to appointment reminders, scheduling, service updates, and care coordination.

9.2 Message frequency may vary depending on your level of service activity.

9.3 Message and data rates may apply according to your mobile carrier plan.

9.4 You may opt out of SMS communications at any time by replying STOP to any text message received. After sending STOP, you will receive a confirmation message and no further SMS messages will be sent unless you opt back in.

9.5 For assistance, reply HELP to any message or contact us at [email protected]

.

9.6 Consent to receive SMS messages is not a condition of receiving services.

9.7 Carriers are not liable for delayed or undelivered messages.

Indemnification

You agree to indemnify, defend, and hold harmless Sunny Day Behavioral, LLC, its officers, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney fees, arising from:

10.1 Misuse of services.

10.2 Unauthorized recording or distribution.

10.3 False or inaccurate information provided.

10.4 Violation of these Terms.

10.5 Improper disclosure of confidential information.

This obligation survives termination of services.

Limitation of Liability

11.1 To the fullest extent permitted by law, the total aggregate liability of Sunny Day Behavioral, LLC for any claim arising out of or related to services shall not exceed the total amount paid to SDB in the six months preceding the event giving rise to the claim.

11.2 SDB shall not be liable for indirect, consequential, special, punitive, or emotional distress damages, or for loss of revenue or data.

Force Majeure and Cybersecurity Safe Harbor

12.1 SDB shall not be liable for delay or interruption of services due to events beyond reasonable control, including natural disasters, public health emergencies, power failures, internet outages, government actions, cyberattacks, or data breaches despite reasonable safeguards.

12.2 In the event of a cybersecurity incident, SDB will comply with applicable notification laws but shall not be liable for damages resulting from third-party criminal acts beyond reasonable security measures.

Dispute Resolution and Binding Arbitration

13.1 Any dispute, claim, or controversy arising out of or relating to services, billing, telehealth, SMS communications, privacy, or website usage shall be resolved exclusively through final and binding arbitration.

13.2 This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, which preempts any conflicting state law.

13.3 The arbitrator has exclusive authority to determine the interpretation and enforceability of this arbitration provision.

13.4 All proceedings shall be conducted on an individual basis only. You waive any right to participate in class, collective, representative, or mass arbitration proceedings.

13.5 Arbitration shall occur in Miami-Dade County, Florida, unless SDB elects virtual arbitration.

13.6 This arbitration provision survives termination of services.

Modifications

SDB may update these Terms at any time. Updated Terms become effective upon posting to the website. Continued use of services constitutes acceptance.

Severability

If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force and effect.

Governing Law

This Agreement is governed by the laws of the State of Florida, except where preempted by federal law.

Contact Us and Legal Notices

For questions, service of legal process, or formal notices, contact:

Sunny Day Behavioral, LLC

121 West 41st Street

Hialeah, Florida 33012

Email: [email protected]

Website: www.sunnydaybehavioral.com