Assent & Waiver of Liability
This Assent & Waiver of Liability (the “Waiver”) entered by and between you, the client, and Mellow Massage Downtown, LLC, and it’s subsidiaries. Mellow is an independently owned and operated massage studio concept and not related to other entities that utilize same or similar trademarks, copyrights, and trade dress. The owners, operators, affiliates, partners, members, agents, managers, controlling parties, or other entities under the common control of Mellow Massage Downtown LLC are not responsible nor liable for the individual and independent acts that occur at Mellow Massage Downtown, LLC. By executing this Waiver you relieve the foregoing parties of any and all liability and agree that any claim that may arise as a client of Mellow shall be solely between you and Mellow Massage Downtown, LLC.
Humbly, we ask that you acknowledge our NO SHOW and CANCELATION policy. Last minute cancelations and no shows affect the livelihoods of our staff, and we turn other business away to accommodate your original booking. Any cancelations within 24 hours of your scheduled time, and no shows, will result in 100% of the appointment fee being charged. Chargebacks for this fee will result in a permanent ban to our studio.
1. Health Privacy
Mellow Massage Downtown, LLC promises that your personal information is yours and yours alone. We will not sell your private information, information about your health and wellness, nor otherwise seek to monetize your Well-being. Should we be asked to divulge information about you by a third party we shall make a good faith effort to notify you and seek your assent. Should we be compelled by a court of law in a competent jurisdiction, we shall, unless prohibited, notify you of such demand and provide you the opportunity to seek to prevent such divulgence of information.
2. Health & Safety
It is our goal to provide you with a healthy and safe atmosphere and massage experience. To that end, we will prepare a wellness log, or maintain a chart of your stay. This record may be shared with other massage locations upon your reasonable request. You may, at your sole discretion, request record be destroyed in full should you desire, and, unless there is a legal reason prohibiting such destruction, we will seek to abide by your request. Please be aware that we may recommend products from time to time. Such recommendation is made as a general suggestion – only you know your body, your past health issues, and your sensitivities. We suggest you consult with your doctor before taking any supplemental or health plan into action.
3. Notice of Health Issues.
You are obligated to notify Mellow Massage Downtown, LLC about any health concerns, diagnosis, allergies, pre-existing conditions, discomfort during (or before and after) treatment, limitations, and sensitivities (as well as any other concerns you may have).
4. Waiver of Liability
You agree, to the fullest extent legally permissible, that you waive all claims, accept full liability, and shall release, hold harmless, indemnify, and agree to defend Mellow Massage Downtown, LLC (including our owners, affiliates, and partners), and our product suppliers, from any injury, loss, damage, class action, suit, cause of action, or other claim that may arise. You relieve and release Mellow Massage Downtown, LLC (including its owners, affiliates, and partners) from any and all claims relating to personal injury, property damage, economic loss, consequential damages, liquidated damages, and punitive damages. Further, you agree and assent that you are solely liable and responsible to notify Mellow Massage Downtown, LLC of any health issues, concerns, sensitivities, allergies, limitations, pre-existing conditions, aches, pains, soreness, or other ‘need to know’ information.
5. Assumption of Risk
You expressly agree and assent that the foregoing waiver of liability, taken with the rest of this Waiver, is intended to be as broad and as inclusive as permitted by law and that is any portion is held to be invalid such portion shall be treated as though it were never a part of this Waiver and the remainder shall survive and remain in full force and effect. This Waiver and all releases and indemnification associated with it shall be binding upon yourself, your estate, family, heirs, administrators, personal representatives, and assigns.
In the event of a dispute that mediation cannot resolve, the parties hereto expressly agree to resolve such dispute under the most applicable JAMS rules of arbitration, before an arbitration selected in accordance with such rules, with the prevailing party entitled to arbitration costs and attorney fees. You, the client, by signing this Agreement expressly agree and assent to resolving any dispute via arbitration and waive any and all rights under California or federal law for a trial by bench or jury. In the event you opt out of arbitration you may send a notice of such opt out within 30 calendar days of signing this Agreement. Such opt out must be delivered to the location you signed this Agreement at, registered mail, and clearly assert you are affirmatively opting out.
7. Governing Law
The law governing this Agreement shall be the laws of the State of California, regardless of any conflict of laws principles. However, should Mellow Massage Downtown, LLC be located outside the state of California and a court or arbitrator of competent jurisdiction deem California law is insufficient, the laws of the state in which Mellow Massage Downtown, LLC is located shall control.
8. General Release
By entering into a contractual relationship with Mellow Massage Downtown, LLC you hereby release Mellow Massage Downtown, LLC and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to, or arises from, activities you or those under your guidance, oversight, control, supervision, or under your assistance via Mellow Massage Downtown, LLC’s services or as may arise while you are on the Mellow Massage Downtown, LLC premises or utilizing products recommended by Mellow Massage Downtown, LLC. You specifically waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
9. EXPRESS ASSENT
BY USING OUR SERVICE YOU EXPRESSLY ASSENT TO THE PROVISIONS CONTAINED WITHIN. YOU EXPRESSLY ACKNOWLEDGE THERE IS A CLAUSE ASSERTING ARBITRATION IS THE SOLE FORMAL METHOD FOR RESOLUTION OF ANY LEGAL CLAIMS BROUGHT AGAINST Mellow Massage Downtown, LLC OR ITS AFFILIATES, PARTNERS, AND OWNERS. YOU AGREE, ASSENT, AND RECOGNIZE, THAT THE MANAGEMENT AND EMPLOYEES OF MELLOW ARE EMPLOYED BY Mellow Massage Downtown, LLC AND Mellow Massage Downtown, LLC SHALL NOT BE LIABLE FOR THEIR ACTS AND ACTIONS.
10. MEDICAL CONDITIONS
If you have a specific medical condition or specific symptoms, massage/bodywork may be contraindicated. A referral from your primary care provider may be required prior to services being provided. I understand that the massage/bodywork I receive is provided for the basic purpose of relaxation and relief of muscle tension. If I experience any pain or discomfort during this session, I will immediately inform the practitioner so that the pressure and/or strokes may be adjusted to my level of comfort. I further understand that massage/bodywork should not be construed as a substitute for medical examination, diagnosis, or treatment and that I should see a physician, chiropractor, or other qualified medical specialist for any mental or physical ailment that I am aware of. I understand that massage therapists/bodyworkers are not qualified to perform spinal or skeletal adjustments, diagnose, or prescribe.