UNIVERSAL HEARING SERVICES, LLC
CLIENT SERVICE AGREEMENT
This Client Service Agreement (“Agreement”) is entered into as of the date of the last signature below (“Effective Date”) between Universal Hearing Services LLC, d/b/a Iowa Hearing Services, an Iowa limited liability company (“Provider”), and the undersigned client (“Client”). By purchasing services and signing this Agreement (including by electronic means), Client acknowledges and agrees to these terms.
Nature of Services. Provider provides educational, supportive, and consultative services relating to over-the-counter (OTC) hearing aids and general hearing aid use. Services may include:
Discussion of hearing concerns and lifestyle assessment
Pre-purchase guidance and device selection discussion
Expectations setting and next-steps planning
Complete initial setup and configuration assistance
Smartphone / app and Bluetooth pairing support
Initial and progressive optimization guidance
Troubleshooting support
Cleaning, maintenance, and care education
Communication strategies and listening tips
Caregiver education and support
Referral recommendations when appropriate
Services are provided remotely via telephone or secure video conferencing platforms. Provider does not provide in-person fittings, programming, real-ear measurements, or clinical audiology services under this Agreement. No purchase of any hearing aid, accessory, or related product is required to receive consultation or guidance services under this Agreement. Services are delivered remotely by telephone, secure video conferencing, email, or other electronic means, and Client consents to receive services in this remote format. Remote delivery carries inherent limitations, including possible technical failure, variable audio/video quality, and privacy and security risks that no electronic system can fully eliminate. Remote services may not be appropriate in all circumstances; when appropriate, Provider may recommend an in-person evaluation or medical assessment, or that services be discontinued. Provider’s services are furnished by an individual licensed as a Hearing Instrument Specialist in the State of Iowa only and Provider makes no representation that the services comply with the professional-practice, telehealth, or consumer laws of any other state. Provider provides no emergency, on-call, or after-hours services. Client may withdraw consent to remote delivery at any time by written notice to Provider; because services are delivered exclusively by remote means, withdrawal may result in discontinuation of services.
Limitations of Services. Provider does not provide:
Medical diagnosis or treatment of any kind
Audiologic evaluation, hearing testing, or audiogram interpretation
Hearing aid programming, real-ear measurements, or verification
Repair, warranty service, or physical adjustment of devices
Emergency medical or audiological services
Prescription hearing aids or professional dispensing services
Services provided under this Agreement are educational and supportive in nature. They are not a substitute for evaluation, diagnosis, or treatment by a physician, licensed audiologist, or other qualified healthcare professional. Client remains solely responsible for seeking appropriate medical care.
Provider reserves the right to refuse or discontinue services to any Client for any reason, including but not limited to inappropriate or disruptive conduct, failure to provide accurate information, repeated missed appointments, or when the requested services fall outside the intended educational and consultative scope of this Agreement.
Certain questions or issues may require additional research time and may not be fully answered during the same session; in such cases, Provider may follow up after researching the matter. Provider may also not have access to all technical, programming, or proprietary product information, and the availability of such information depends on the specific hearing aid product and its manufacturer.
Package Selected. Please select ONE package below. Support windows begin on the date of the initial consultation or first service session.
□ Clarity Consultation — $89
30-day service window
Pre-purchase guidance
Device selection discussion
Expectations and next steps
One follow-up after device arrival
□ Guidance Package — $149
60-day service window
Pre-purchase guidance
Complete initial setup
App and Bluetooth configuration
Initial optimization
Two follow-up sessions over 60 days
□ Success Plan — $319
90-day service window
Pre-purchase guidance
Complete setup
Progressive optimization
Three follow-up sessions over 90 days
Expanded scheduling
All sessions are conducted remotely. Unused sessions expire at the end of the applicable support window and are forfeited with no refund or credit.
Session Length. Sessions are generally scheduled for 20–40 minutes depending on the package and purpose of the call. Additional time beyond the scheduled appointment is not guaranteed. Client should prepare questions in advance and ensure a quiet, private space with a reliable phone or internet connection.
Support Windows. Unused sessions expire at the conclusion of the applicable support period and are forfeited with no refund or credit:
Clarity Consultation: 30 days from the first completed session
Guidance Package: 60 days from the first completed session
Success Plan: 90 days from the first completed session
The support window provides a defined period for using included sessions. Expired sessions cannot be reinstated or transferred.
Scheduling.
Appointments are available during the Provider’s published business hours and are subject to Provider availability. No guarantee is made regarding same-day or next-day appointments. Clients who purchase the Success Plan may also request expanded appointment times outside the Provider’s standard midday hours, when those times are offered and available. Expanded appointment times means additional available hours only. It does not mean placement ahead of other clients, and it does not guarantee immediate availability. Appointments are scheduled through the Provider’s booking system, email, or phone, as arranged.
Cancellations and Rescheduling. Clients are strongly encouraged to provide at least 24 hours’ advance notice for cancellations or rescheduling requests (via email, phone, or booking system).
Missed appointments or cancellations with less than 24 hours’ notice may be treated as a completed session at Provider’s discretion and deducted from the Client’s package.
Rescheduling is permitted within the remaining support window, subject to availability.
Repeated no-shows or last-minute cancellations may result in termination of remaining services at Provider’s discretion.
Client Responsibilities. The Client agrees to:
Provide accurate and complete information about hearing history, devices, and symptoms
Follow all manufacturer instructions for any hearing aids or accessories
Maintain their own devices, batteries, and accessories in good working order
Seek timely medical or audiologic evaluation when advised or when symptoms warrant
Maintain reliable access to a telephone or internet-connected device for remote sessions
Ensure a private, quiet environment during scheduled appointments
Notify Provider promptly of any technology issues, address changes, or inability to attend
Be solely responsible for any data, cellular, app, or internet charges incurred while using remote services
Referrals. Provider may recommend evaluation or services by physicians, audiologists, hearing aid professionals, or other healthcare providers when appropriate. Client remains solely responsible for selecting, contacting, and engaging any referred provider. No guarantee is made regarding the quality, availability, cost, or outcomes of services from any referred provider. Referrals are provided as a courtesy and do not create any agency or referral fee relationship.
Product Purchases & Third-Party Charges. Provider does not manufacture, sell, or dispense hearing aids. Clients may independently purchase OTC hearing aids from third-party retailers such as Amazon, Walmart, or pharmacies. Provider makes no warranty or representation regarding product performance, compatibility, availability, manufacturer warranties, return policies, or retailer practices. Any issues with purchased products should be directed to the manufacturer or retailer.
No purchase necessary. No purchase of any hearing aid, accessory, app, or related product is required to receive consultation or guidance services under this Agreement.
Client is solely responsible for any and all third-party charges, including but not limited to cellular or data charges incurred while downloading or using third-party applications, internet service fees, app subscription or in-app purchase fees, device costs, shipping, taxes, or any other charges imposed by manufacturers, retailers, app stores, carriers, or other third parties. Provider is not responsible for, and will not reimburse, any such third-party charges.
Provider is independent of, and has no affiliation, sponsorship, endorsement, or financial relationship with, any hearing aid manufacturer, retailer, or application developer. Provider does not receive commissions, referral fees, affiliate-marketing payments, discounts, or compensation of any kind from any manufacturer, retailer (including Amazon, Walmart, or pharmacies), app store, or other third party in connection with any product discussed, recommended, or linked to in the course of the services. Any product links Provider shares are provided for Client’s convenience only and are not affiliate links.
Provider’s guidance is based solely on Provider’s independent professional judgment and the Client’s stated needs.
No Guarantee of Results. Individual experiences with hearing aids and listening strategies vary widely based on factors including degree of hearing loss, device quality, fit, brain adaptation, environment, and personal expectations. Provider makes no guarantee regarding Client satisfaction, improvement in hearing ability, speech
understanding, device performance, or any specific outcome. Results depend on many variables beyond Provider’s control. Recommendations are based on the information Client provides and have inherent limitations. Adjustment to hearing aids takes time and varies from person to person.
Fees. All fees are due in full at the time of purchase via accepted payment methods (credit/debit card or other processor used by Provider). Prices are subject to change without notice for future purchases. Packages and services already purchased will be honored at the original price paid. No refunds except as expressly provided in Section 13.
Refund Policy
Clarity Consultation ($89), Guidance Package ($149), and Success Plan ($319):
If Client requests cancellation before the initial consultation or first service session has taken place and within fourteen (14) days of purchase: Full refund issued, less a $25 administrative processing fee.
Once the initial consultation or first service session has been completed: No refunds or credits will be issued for any portion of the package fee or remaining sessions.
In cases of documented Provider error or extraordinary hardship (at Provider’s sole discretion), a partial pro-rata credit for genuinely unused sessions may be considered. Expired or forfeited sessions are never refundable.
Approved refunds will be processed to the original payment method within thirty (30) business days. Payment processor fees are non-refundable.
This policy is designed to be fair while protecting the time and resources committed by Provider. Client acknowledges that sessions represent reserved professional time that cannot be easily reallocated on short notice.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER (INCLUDING ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS) SHALL NOT BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE SERVICES, OR THE USE OR INABILITY TO USE ANY RECOMMENDED PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PROVIDER’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT OR ARISING FROM THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO PROVIDER FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITY; IN SUCH CASES, PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS SECTION OR THIS AGREEMENT EXCLUDES OR LIMITS PROVIDER’S LIABILITY FOR: (a) DEATH OR PERSONAL INJURY CAUSED BY PROVIDER’S NEGLIGENCE; (b) FRAUD OR FRAUDULENT MISREPRESENTATION; (c) GROSS NEGLIGENCE OR WILLFUL, WANTON, OR INTENTIONAL MISCONDUCT; OR (d) ANY OTHER LIABILITY, INCLUDING UNDER APPLICABLE CONSUMER-PROTECTION STATUTES, THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Dispute Resolution & Arbitration. The parties agree to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the services as follows:
Good Faith Negotiation: The parties shall first attempt to resolve the dispute through good faith discussions between themselves within thirty (30) days of written notice of the dispute.
Mediation: If unresolved, either party may initiate mediation in Scott County, Iowa (or another mutually agreed location in Iowa) before a mediator jointly selected by the parties. Mediation costs shall be shared equally.
Binding Arbitration: If mediation does not resolve the dispute within sixty (60) days of its initiation, the dispute shall be submitted to final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Des Moines, Iowa. The arbitrator’s award shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction. Each party shall bear its own attorneys’ fees, costs, and expenses unless the arbitrator determines otherwise. The arbitrator may award any remedy or relief, including attorneys’ fees and costs, that would be available in an individual action in court under applicable law, and nothing in this Agreement waives any non-waivable statutory right or remedy. Arbitration filing, administrative, and arbitrator fees shall be allocated as provided in the AAA Consumer Arbitration Rules and accompanying fee schedule, and Provider shall pay all such fees required of it under those Rules. At Client’s election, any arbitration hearing shall be conducted by telephone or videoconference, or the dispute decided on written submissions, rather than in person.
This arbitration provision does not prevent either party from seeking temporary or provisional injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property, confidential information, or to prevent irreparable harm. Notwithstanding the foregoing, either party may bring an individual claim in a small-claims court of competent jurisdiction in Iowa,
and nothing in this Agreement prevents Client from filing a complaint with, or providing information to, any federal, state, or local government agency (including the Federal Trade Commission or the Iowa Attorney General), which may independently pursue relief.
WAIVER: BY ENTERING THIS AGREEMENT, CLIENT ACKNOWLEDGES AND AGREES TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE ACTION. IF THE WAIVER OF CLASS OR REPRESENTATIVE PROCEEDINGS IS HELD UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM (AND ONLY THAT CLAIM) SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION, AND THE WAIVER SHALL REMAIN FULLY ENFORCEABLE AS TO ALL OTHER CLAIMS AND DISPUTES.
Technology Limitations. Remote services depend on Client’s telephone service, internet access, and third-party video conferencing or communication platforms. Provider is not responsible for service interruptions, poor audio/video quality, or inability to conduct sessions caused by:
Internet outages, slow speeds, or Wi-Fi instability on Client’s end
Software failures, app crashes, or platform outages
Device incompatibilities, outdated operating systems, or hardware limitations
Manufacturer or platform updates that affect functionality
Power outages or environmental factors affecting connectivity
In the event of technical difficulties, Provider will make reasonable efforts to reschedule within the support window. Persistent technical issues preventing service delivery may be grounds for limited refund consideration at Provider’s discretion.
Emergency Situations. Provider does not provide emergency, on-call, or after-hours services. Clients experiencing any of the following should seek immediate medical attention or contact emergency services (911) and/or their physician:
Sudden hearing loss or rapid change in hearing
Ear pain, discharge, bleeding, or trauma
Dizziness, vertigo, or balance problems
Tinnitus that is sudden, severe, or pulsatile
Any severe symptoms or medical concerns
Do not wait for a scheduled appointment with Provider if you are experiencing a medical emergency.
Electronic Signatures & Communications. This Agreement may be signed electronically. Client’s electronic signature—including clicking an “I Agree” or “Sign” button, typing their name with the
intent to sign, inserting a digital signature image, or using third-party electronic signature platforms (DocuSign, Adobe Sign, HelloSign, etc.)—shall have the same legal effect, validity, and enforceability as an original handwritten ink signature on a paper document.
All notices, consents, and communications under this Agreement may be delivered by email to the addresses provided by the parties. Email notice shall be deemed received upon transmission (with delivery/read receipt if requested). Client agrees to maintain a current email address on file with Provider.
Entire Agreement & Incorporation by Reference. This Agreement, together with the following Related Documents present on the Provider’s website, constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral:
Privacy Policy
Terms of Service
Client acknowledges that they have been given access to, have carefully read, understand, and agree to be bound by all Related Documents. The Related Documents are incorporated into this Agreement by reference. In the event of any conflict among the documents, the following order of precedence controls: (1) this Agreement; (2) the Terms of Service; (3) the Privacy Policy – except that the Privacy Policy controls on questions of how personal information is collected, used, and disclosed. Copies of Related Documents are available upon request or via Provider’s website/client portal.
Confidentiality, Proprietary Materials, and Session Content
Provider’s Proprietary Materials. All educational materials, curricula, checklists, written guidance, presentations, recordings, and other content that Provider creates, presents, or provides in connection with the services (collectively, “Provider Materials”) are the confidential and proprietary property of Provider and are protected by copyright and other applicable law. Provider grants Client a limited, personal, non-exclusive, non-transferable license to use Provider Materials solely for Client’s own personal, non-commercial use in connection with the services. Client agrees not to copy, reproduce, record, republish, distribute, sell, license, publicly post (including on social media or other public platforms), or otherwise make Provider Materials available to any third party, in whole or in part, without Provider’s prior written consent.
Session Recordings. Neither party may audio- or video-record any session without the other party’s advance consent. Any recording Provider makes remains Provider Material subject to subsection (a). Client shall not publish, post, or distribute any recording of a session.
Confidentiality of Session Content. Sessions are intended for Client’s personal benefit. Provider will keep information Client shares confidential in accordance with the Privacy Policy. The specific written
materials, methods, and guidance Provider provides during a session are for Client’s own use and are not to be redistributed or publicly posted.
Reviews and Personal Experience Preserved. Nothing in this Section prevents, or is intended to prevent, Client from sharing Client’s own honest opinions, experiences, or reviews of Provider or the
services, or from discussing Client’s own hearing, health, or personal information. This Section restricts only the copying, recording, redistribution, resale, and public posting of Provider’s proprietary Materials and of session recordings, and does not restrict any right protected by the federal Consumer Review Fairness Act (15 U.S.C. § 45b) or other applicable law.
Severability. If any provision of this Agreement (or any Related Document) is held to be invalid, illegal, void, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent, or if modification is not reasonably possible, severed from this Agreement. The remaining provisions shall continue in full force and effect and shall be interpreted to carry out the intent of the parties as nearly as possible.
Governing Law & Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of laws principles. Subject to the binding arbitration clause in Section 15, any legal proceedings shall be brought exclusively in the state or federal courts located in Scott County, Iowa, and Client hereby consents to the personal jurisdiction and venue of such courts.
Client Acknowledgment & Signature. By signing below (including electronically), I acknowledge and agree that:
I have read, understand, and voluntarily agree to this entire Agreement and all incorporated Related Documents.
I understand the limited, educational, and non-medical nature of the services provided and that they are not a substitute for professional medical or audiologic care.
I understand that individual results with hearing aids vary and that no specific outcomes are guaranteed. I understand that recommendations are based on the information I provide, and that adjustment to hearing aids takes time and varies from person to person.
I agree to seek appropriate medical care when advised by Provider or when I experience symptoms requiring medical evaluation, and I will not delay seeking emergency or medical attention while waiting for a scheduled consultation.
I understand that no purchase of any product is required to receive services under this Agreement, and that I am solely responsible for any third-party charges (data, apps, devices, etc.).
I have had a full and fair opportunity to ask questions about the services, packages, limitations, and policies, and all my questions have been answered to my satisfaction.
I consent to remote delivery of services via phone or video and to the use of electronic signatures for this and related documents.
I understand that electronic communications are subject to privacy and security risks. Provider will take reasonable steps consistent with its Privacy Policy to protect the confidentiality of information shared during remote sessions. I have been informed that the Privacy Policy is available upon request or via Provider’s website/client portal. I acknowledge that no method of electronic communication is completely secure.
I am at least 18 years of age and legally competent to enter this Agreement.
CLIENT
Signature: _________________________________________
Client Name: _________________________________________
Date: _________________________________________
Email: _________________________________________
Phone: _________________________________________
Address: _________________________________________
PROVIDER
Universal Hearing Services LLC, d/b/a Iowa Hearing Services
Signature: _________________________________________
Name/Title: Zachary Erikson, Manager
Date: _______________________________
Email: info@IowaHearingServices.com
Phone: _________________________________________
Address: 4620 East 53rd Street – Suite 200
Davenport, IA 52807