Terms & Conditions
A legal disclaimer
We do not legally need to hold OB/ARDMS certification to perform keepsake 3D/4D ultrasound in California, especially for non‑diagnostic (entertainment/keepsake) services, provided our company comply with the required disclosure and do not overstep into medical diagnosis.
Terms & Conditions
1. Non-Medical Use Only
“This ultrasound session is for keepsake and entertainment purposes only. It is not intended to diagnose, treat, or screen for any medical condition or abnormality.”
2. Not a Substitute for Prenatal Care
“This ultrasound does not replace routine prenatal care or diagnostic ultrasounds ordered by your physician or midwife.”
3. No Medical Interpretation
“We do not provide medical advice or interpret fetal health, size, due date, or anomalies. For any concerns, please consult your OB/GYN or healthcare provider.”
4. FDA Disclosure (Required in California and Recommended Elsewhere)
“The FDA has stated that the use of diagnostic ultrasound equipment for purposes other than medical diagnosis, or without a prescription from a licensed physician, is an unapproved use of a medical device.”
5. Image Quality Limitations
“Image quality can vary depending on the baby's position, gestational age, amniotic fluid levels, and maternal tissue. We cannot guarantee clear images in all cases.”
6. Client Responsibility
“By proceeding with this session, you acknowledge that you are under the care of a licensed healthcare provider for your pregnancy.”
7. Operator Credentials (if applicable)
“Our ultrasound technicians are not acting in a medical capacity. We do not diagnose or screen for abnormalities.”California does not have a state licensure requirement that mandates all ultrasound operators be certified by ARDMS or a similar certifying body.
What to include in the T&C document
Generally speaking, T&C often address these types of issues: Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner’s right to suspend or cancel a member’s account; and much, much more.
To learn more about this, check out our article “Creating a Terms and Conditions Policy”.