Mellow

Massage

LIABILITY WAIVER

This Liability Waiver (the “Waiver” or the “Agreement”) is hereinafter entered into as of the date signed below (the “Effective Date”), by and between you, the undersigned below, whether on behalf of yourself or on behalf of a third-party for whom you have authority (each and collectively, “I”, “you”, or the “Participant”), and Mellow Massage, LLC; Mellow Downtown, LLC; Mellow Massage Pacific Beach, LLC; Mellow College Area, LLC; Mellow La Jolla, LLC, and/or any of our affiliates, partners, providers, and subsidiaries, respectively (collectively, “Mellow,” “we,” “us,” or “our”).

This Waiver applies to each and every activity in which you participate that is provided by or in connection with Mellow (each and collectively, the “Activity”).

For the avoidance of doubt, Mellow generally facilitates the booking of the Activity, and the Activity itself is typically provided by a third-party independent contractor. Notwithstanding the foregoing, you acknowledge and agree that this Waiver and its terms apply to you with respect to, without limitation, Mellow and the Released Parties (hereinafter defined) when (i) Mellow provides the Activity directly; and (ii) when Mellow merely facilitates or otherwise indirectly provides the Activity.

RELEASE AND WAIVER.

I HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST MELLOW AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), IN LAW AND IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT, OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS, OUT-OF-POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN, PARENT/GUARDIAN, AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.

MEDICAL TREATMENT AND RELEASE.

I explicitly consent to the provision of medical treatment at the Activity in the event of a medical issue or emergency, as reasonably determined by Mellow and/or by medical staff available, and I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.

ASSUMPTION OF RISK; VOLUNTARY PARTICIPATION

As a participant in the Activity, you recognize that your participation, involvement, and/or attendance may result in personal injury (including death) and/or property damage. By participating in the Activity, you acknowledge and assume all risks and dangers associated with your participation in the Activity, and you agree that the Released Parties will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the “Released Claims“). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES OF THE RELEASED CLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

I agree to indemnify and hold harmless the Released Parties, their owners, members, employees, contractors, agents, and parent and subsidiary entities from any and all claims by myself, my heirs, successors, and assigns—as well as from any other third-party—for damages, losses, liabilities, obligations, costs, and expenses of the Released Parties related to or arising out this Agreement and/or my participation in the Activity.

MISCELLANEOUS WARRANTIES.

Depending on the specific Activity, I further agree that I will—for, e.g., on- site activities—adhere to safety rules and regulations on-site, and otherwise follow the rules for participation on-site. For virtual or off-site activities, I acknowledge that I may be engaging in the Activity at a time and place of my choosing, and I further agree that the foregoing waivers and disclaimers shall all continue to apply.

GOVERNING LAW; VENUE; ARBITRATION.

This Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be settled by binding arbitration in front of one (1) arbitrator in San Diego, California, using JAMS. Such arbitration shall be conducted in English, and each party, respectively, explicitly agrees to personal jurisdiction in and the exclusivity of such venue. Such arbitration shall be binding, the arbitrator shall provide written details of such ruling, and the prevailing party shall be entitled to enforce such judgment in any court of competent jurisdiction.

MISCELLANEOUS LEGAL PROVISIONS.

Severability. Should any section, sub-section, provision, or clause of the Agreement be deemed, for any reason whatsoever, to be invalid or inoperative, said section, sub-section, provision, or clause shall be deemed severable and shall not affect the force and validity of any other provisions of this Agreement. Moreover, the section, sub- section, provision, or clause deemed invalid or inoperative shall be amended by the court or arbitrator, as applicable, to achieve as close to the Parties’ intent as possible.

Survival. The parties’ respective obligations hereunder that would require their surviving this Agreement in order to give them full force and effect shall survive the termination of this Agreement, regardless of the date, cause, or manner of such termination.

InTake Form

Please complete regardless of a new or returning visit

I have read and reviewed this document, and I hereby agree to the aforementioned assumption of risk and waiver of liability to participate in the Activity with Mellow. You also agree to be bound by our general terms and conditions which can be found at www.mellow-massage.com/terms-and-conditions
*NOTE: For the avoidance of doubt, this Waiver shall be in effect once you have signed it, and this Waiver need not be countersigned by Mellow, the Released Parties, or its representatives to be effective or valid.