Mellow
TERMS AND CONDITIONS
Effective Date: May 08, 2025
These Terms of Use & Waiver (the “Agreement”) govern your use of the website www.mellow-massage.com (the “Site”), our booking platform (the “Services”), and your participation in any massage or body-work services provided through Mellow Massage, LLC; Mellow Downtown, LLC; Mellow Massage Pacific Beach, LLC; Mellow College Area, LLC; and Mellow La Jolla, LLC (collectively, “Mellow,” “we,” “us,” or “our”). By accessing or using the Services, or by signing this Waiver, you (“you” or the “Client”) agree to be legally bound by all terms below.
1. Assent, Marketplace Relationship & Waiver of Liability
You expressly acknowledge that Mellow operates solely as an online marketplace and booking facilitator. All hands-on services are delivered by independent, state-licensed therapists (“Providers”) who rent studio space from or otherwise contract with us. By booking or receiving services through Mellow, you assume all risks associated with massage and body-work, including pain, injury or adverse reactions. To the fullest extent permitted by law, you hereby release, waive and discharge Mellow and its affiliates, officers, directors, members, managers, employees, agents and successors (collectively, the “Mellow Entities”) from any and all claims, demands or causes of action of any kind—including negligence, breach of contract, strict liability or statutory claims—arising out of or relating to your use of the Services or receipt of services.
2. Release of Liability & Assumption of Risk
Massage and body-work involve physical manipulation of soft tissue and may exacerbate underlying conditions. You agree that you have disclosed all pertinent health information to your Provider and that you assume full responsibility for any outcome, whether known or unknown, foreseeable or unforeseeable. You further covenant not to sue and to indemnify the Mellow Entities against any loss, liability or expense (including attorneys’ fees) resulting from your use of the Services or your engagement with any Provider.
3. Payment Processing
All payments are collected through our secure platform but ultimately processed by either Mellow (as a limited payment collection agent) or a third-party processor designated by your Provider. Your payment credentials are vaulted by the processor and are not stored on Mellow’s servers. Any question about billing, refunds or disputes must be directed first to your Provider or to the payment processor under their terms.
4. Independent Provider Structure
Mellow verifies that each Provider meets all applicable licensing requirements. Providers alone set their rates, determine which bookings to accept, and control the manner of service delivery. Mellow disclaims any liability for the professional acts or omissions of Providers, including issues of quality, technique, pricing or compliance with health regulations.
By booking services with, on behalf of someone receiving services from, or otherwise participating in or receiving services from Mellow Massage, LLC; Mellow Downtown, LLC; Mellow Massage Hollywood, LLC; and/or Mellow Massage Pacific Beach, LLC (including each such entity’s owners, operators, employees, affiliates, partners, members, agents, managers, controlling parties, subsidiaries, and other entities under common control) (collectively, “Mellow” or “we”), you explicitly agree to be bound by the terms and obligations of this Assent & Waiver of Liability (the “Waiver”). References to “you” or “the client” include any individual(s) on whose behalf you are booking or purchasing services.
For the avoidance of doubt, in instances where Mellow merely facilitates your bookings and/or acts as a marketplace for services—by, for example, providing access to professional networks, licensed therapists/masseuses, or optional studio spaces—you acknowledge and agree that you are establishing a direct relationship with the independent therapist or masseuse, and not with Mellow. Nevertheless, this Waiver (including all obligations, terms, and limitations) applies to you whenever you receive services arranged or facilitated by Mellow, whether those services are performed by any affiliated entity, third-party, or independent provider.
You are strongly encouraged to read this Waiver in its entirety, as it may affect your legal rights and recourse against Mellow. Specifically, while the entities within Mellow may share certain intellectual property, waivers (including this Waiver), terms, conditions, and membership agreements, each LLC named above is an independently owned and operated studio rental concept. Each entity is separately managed and not legally connected to other entities that may use similar trademarks, copyrights, or trade dress. Consequently, you agree that any dispute, liability, or damages arising between you and a particular Mellow entity is limited to that specific entity alone and shall not extend to any other owners, personnel, or entities within Mellow, collectively.
5. Release of Liability
The client hereby releases, waives, and discharges, as relevant, Mellow, each and collectively, including their respective officers, directors, employees, agents, contractors, and affiliates, from any and all liability, claims, demands, or causes of action that may arise from the services provided, including but not limited to claims arising from injury, negligence, breach of contract, or any other cause of action.
The client acknowledges that payments for services may be processed by Mellow—or by a third-party designated by Mellow—strictly to facilitate transactions between the client and the independent therapist. This payment facilitation does not alter Mellow’s role as a booking and marketplace service, nor does it modify any terms of this Waiver. Accordingly, the client agrees that payment processing through Mellow or its designee does not establish Mellow as the direct provider of massage services, and that Mellow serves only as a limited payment collection agent for the therapist.
6. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site [or App],) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third- Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
7. ADVERTISING
We use cookies and similar technologies to tailor our services to you. You can view more on this at our privacy policy.
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
9. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy at By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
10. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Mellow Massage, LLC
Attn: Copyright Agent
1050 University Ave
San Diego, CA 92103
11. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. [We also reserve the right to modify or discontinue all or part of the Services without notice at any time.] We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
13. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of San Diego, California applicable to agreements made and to be entirely performed within San Diego, California, without regard to its conflict of law principles.
14. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Purpose. This Binding Individual Arbitration Section governs all Disputes between you and any Mellow Massage entity. The term “Disputes” is to be given the broadest possible meaning that will be enforced and means any dispute, claim, or controversy of any kind between you and any of the Mellow Massage Entities that arise out of or in any way relate to (1) your access to the Website and/or the Application(s); (2) your use of the Website and/or the Application(s); (3) the provision of content, services, and/or products on or through the Website, the Application(s) and/or the Service; (4) any product or service provided by or purchased from an independently owned Mellow Massage location; and/or (5) this Agreement, including the validity, enforceability or scope of this Binding Individual Arbitration Section (with the exception of the Class Action Waiver clause below), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term “Disputes” includes claims that arose or accrued before you assented to this Agreement. If you have a Dispute with any Mellow Massage Entity that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and the Mellow Massage Entity with which you have a Dispute agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. You AND THE Mellow Massage ENTITIES AGREE THAT the ONLY DISPUTES NOT COVERED BY THIS SECTION ARE (1) CLAIMS REGARDING the INFRINGEMENT, PROTECTION OR VALIDITY OF YOUR OR MEF, LLC’S TRADE SECRETS, COPYRIGHT, TRADEMARK OR PATENT RIGHTS AND (2) CLAIMS YOU choose to pursue in small claims court where jurisdiction and venue over Mellow Massage entities and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
Right to Opt-Out of Binding Arbitration and Class Action Waiver Within 30 Days. You have the right to opt-out and not be bound by this arbitration provision by sending written notice of your decision to opt-out to Mellow Massage at in**@************ge.com . The written notice must be postmarked or emailed within thirty (30) days of the later of the date noted in the “Last Update to Section 5” or your initial log in to the Website, the Mobile Application or the In-Store Application. Your written notification must include: (1) your name, (2) your physical postal address, and (3) a clear statement that you do not wish to resolve disputes with any Mellow Massage Entity through arbitration. Otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of this arbitration provision, the Mellow Massage Entities also will not be bound by it. If you do not affirmatively elect to opt out as described above, your use of the Website, the Application(s) and/or any Service will be deemed to be your irrevocable acceptance of this Agreement and any changes/updates to this Section.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY Mellow Massage ENTITY, YOU MUST FIRST SEND WRITTEN NOTICE OF THE NATURE OF THE DISPUTE TO IN**@************ge.COM TO GIVE THE ENTITY WITH WHICH YOU HAVE A DISPUTE THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If the Mellow Massage Entity with which you have a Dispute does not resolve your Dispute within sixty (60) days from receipt of written notice of the Dispute, you or the Mellow Massage Entity with which you have a Dispute may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY—IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS. Any disputes, claims or controversies, whether in arbitration or court, will be conducted only on an individual basis and not on behalf of, or as part of, any purported class, consolidated, representative or private attorney general proceeding. You further agree that you shall not participate in any class, consolidated, representative or private attorney general proceeding (existing or future) brought by any third party involving a Dispute. The terms of this provision will be binding on you, your heirs, successors, and assigns.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the Mellow Massage Entity with which you have a Dispute elect(s) to resolve your Dispute through arbitration, the party initiating the arbitration proceeding must initiate it with JAMS, http://www.jamsadr.com. The terms of this Section govern in the event they conflict with the relevant JAMS rules described below.
Arbitration Procedures. Because the Website, the Applications and any Service involve interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. The arbitration shall be conducted by a single arbitrator. Comprehensive Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated (JAMS rules are available at http://www.jamsadr.com/ or by calling JAMS at 1-800-352-5267).
The decision of the arbitrator will be in writing and binding and conclusive on the Mellow Entities and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow this Agreement and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees and expert witness costs. The Mellow Massage Entities and you understand that, absent this mandatory arbitration provision, the Mellow Massage Entities and you would have the right to sue in court and have a jury trial. The Mellow Massage Entities and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the JAMS Streamlined Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated.
Confidentiality of Arbitration Proceedings. Arbitration proceedings conducted pursuant to this Section 5 shall be strictly confidential. The fact that an arbitration exists or is proceeding, the nature of the Dispute, all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, and any arbitration award shall remain confidential. The only exceptions to this confidentiality provision are disclosures reasonably necessary to confirm or vacate an arbitration award, a judicial challenge to an arbitration award or its enforcement, or disclosure that is required by operation of law or court order; provided, however, that this Paragraph shall not prevent the disclosure of such information (1) as may be required to your legal and financial advisors and independent accountants; (2) as may be required to any Mellow Massage Entity’s (a) legal, financial and other professional advisors, regulators, rating agencies, independent accountants, analysts, agents, and/or directors, (b) shareholders and/or affiliates and their respective officers, directors and legal, financial and other professional advisors, and/or (c) existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; and/or (3) as otherwise required to comply with any applicable law or regulation.
Location of Arbitration. You or the Mellow Massage Entity with which you have a Dispute may initiate arbitration in either San Diego County, California or the United States county in which you reside.
15. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ME ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE ME ENTITIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE, THE APPLICATIONS OR THE INFORMATION CONTAINED ON ANY OF THEM, OR ANY SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE ME ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. SMS TEXT MESSAGING
By agreeing to receive SMS messaging, you consent to Mellow Massage, LLC, its affiliated locations, and their respective agents communicating with you via SMS text message or other electronic means to your mobile device (collectively, the “Text Services”). You expressly agree that such messages may be sent using an automatic telephone dialing system (ATDS) or an autodialing system capable of selecting and dialing telephone numbers without human intervention.
You further consent that Mellow Massage, LLC may share information you provide via text message, email, or other electronic communication with affiliated Mellow locations and their authorized representatives. These parties may use such information to communicate with you regarding appointments, promotions, service updates, or other matters related to the Text Services.
Your information will be handled in accordance with our Privacy Policy, which can be found at Message and data rates may apply. You may opt out of receiving SMS messages at any time by replying STOP.
Message and Data Rates
[Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.]
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
23. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
24. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Mellow Massage, LLC (and affiliates)
1050 University Ave,
San Diego, CA 92103
Email: pr*****@************ge.com
Please be advised that Mellow may offer optional workspace and marketing services to professionally licensed massage therapists and masseuses. We verify that any party who rents our space or utilizes our platform meets the local and state licensing requirements, as mandated by law. While Mellow may, for instance, provide promotional materials, facilitate financial transactions upon a provider’s request, each independent provider retains full control over how they perform their services—including setting their own rates and selecting which bookings they accept. Accordingly, Mellow disclaims any and all liability arising from the actions, decisions, or service outcomes of these third-party providers.
Your Personal and Health Information
Mellow will not sell your private information or information about your health and wellness, nor will Mellow otherwise seek to monetize your personal or health information. Should we be asked to disclose information about you by a third party, we shall first make a good faith effort to notify you and seek your assent. Should we be compelled by, e.g., a court of law in a competent jurisdiction or regulatory body to disclose such information, we shall attempt to notify you of such demand and provide you with the opportunity to seek to prevent such disclosure of information. You can see more in our privacy policy.
Health & Safety
It is our goal to help facilitate a healthy and safe environment for you while you receive massage services from an independent provider through our platform or at a Mellow location. In furtherance of this goal, we may maintain a brief wellness log or chart pertaining to your visit. Should you wish for this record to be shared with another massage location, we can do so upon your reasonable request. You may also, at your sole discretion, request that such records be destroyed, and unless there is a legal or regulatory reason preventing us from doing so, we will honor that request.
Please note that we may occasionally recommend certain products; however, these recommendations are general suggestions only and not medical advice. For clarity, you should consult with a licensed physician before making decisions about any supplements, activities, or well-being practices.
Notice of Health Issues.
Prior to receiving any services through Mellow’s platform or at a Mellow location, you must disclose any relevant health concerns—such as diagnoses, allergies, pre-existing conditions, discomfort, limitations, or sensitivities—to both Mellow and your chosen independent provider. This is necessary so that all parties can appropriately consider these factors in connection with the services provided. You further acknowledge and agree that Mellow shall have no liability whatsoever for any issue, concern, or medical matter arising from your failure to disclose, or from inaccurately disclosing, such information before, during, or after the applicable services.
By booking services with, on behalf of someone receiving services from, or otherwise participating in services booked through Mellow, you agree—to the fullest extent permitted by law—to waive all claims and accept full liability. You further agree to release, hold harmless, indemnify, and defend Mellow (including, without limitation, its related entities, owners, affiliates, and partners), as well as any product suppliers, from any injury, loss, damage, suit, cause of action, or claim of any type, including (but not limited to) claims involving personal injury, property damage, economic loss, consequential damages, liquidated damages, or punitive damages. This waiver applies regardless of whether such injury or damage arises from the acts or omissions of Mellow, its affiliates, or any independent provider whose services are booked through Mellow.
You expressly agree that the waiver of liability clauses herein, taken together with the rest of this Waiver, are intended to be as broad and inclusive as permitted by law. By booking services with, on behalf of someone receiving services from, or otherwise participating in or receiving services booked through Mellow, you explicitly assume the risk of any injury, complication, or discomfort related to those services—whether performed at a Mellow location or elsewhere by an independent provider.
Should any paragraph, sub-paragraph, or provision of this Waiver be deemed invalid or inoperative for any reason, that paragraph, sub-paragraph, or provision shall be deemed severable and shall not affect the validity of any other portion of this Waiver. Moreover, any provision deemed invalid or inoperative shall be amended by the court or arbitrator to reflect as closely as possible the Parties’ original intent.
This Waiver shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.
25. MISCELLANEOUS WARRANTIES
Notwithstanding anything herein to the contrary, by booking services through or on behalf of Mellow, or otherwise participating in services booked through Mellow, you (and/or the third party receiving the services) represent, warrant, and agree, without limitation:
(a) that you are voluntarily agreeing to receive the services booked;
that neither Mellow nor the independent provider diagnosing illnesses or injuries or prescribing medication;
that the services offered are not a substitute for traditional medical treatment;
that before receiving the services, you have consulted with (or will consult) a licensed medical professional and have been cleared to receive such services;
that the information you provide regarding your health, well-being, or medical history is complete and accurate; and that you understand and assume the risk of possible side effects, such as superficial bruising, muscle soreness, or exacerbation of physical issues (whether known or unknown, disclosed or undisclosed).
26. PRIMARY CARE REFERRALS; ROLE OF THE THERAPISTS
If you have a specific medical condition or specific symptoms, massage/bodywork may be contraindicated, and, accordingly, a referral from your primary care provider may be required prior to us providing services.
You understand that the massage/bodywork you receive is provided for the basic purpose of relaxation and relief of muscle tension. If you experience any pain or discomfort during this session, you will immediately inform the practitioner so that the pressure and/or strokes may be adjusted to your level of comfort. You further understand that massage therapists/bodyworkers are not qualified to perform spinal or skeletal adjustments or diagnose or prescribe medication or treatment plans, and you will not interpret any recommendations as a substitute for or supplement to medical advice from a licensed professional.
27. CANCELLATIONS AND NO SHOWS
If you need to cancel or reschedule an appointment, please call your provider or Mellow to do so as soon as possible.
Given the nature of our services (with pre-scheduled appointments and reservations), if you need to cancel or reschedule within 24 hours of your appointment—and/or if you fail to show up to your appointment—then you shall be charged the full amount for such appointment/services, without refund.
InTake Form
Please complete regardless of a new or returning visit
