MELLOW
MASSAGE

This Membership Subscription Agreement (the “Membership Addendum”) is a supplemental digital addendum to the Mellow Master Terms of Service. By enrolling in a Mellow Membership, you explicitly reaffirm your assent to the Master Terms of Service, which is incorporated herein by reference in its entirety. In the event of any conflict between this Membership Addendum and the Master Terms of Service, the Master Terms of Service shall strictly govern. This includes, but is not limited to, your agreement to resolve all disputes through individual, binding arbitration (the Class Action Waiver) as detailed in Section 9 of the Master Terms.

1. NATURE OF THE DIGITAL SUBSCRIPTION

You explicitly acknowledge, warrant, and agree that a “Mellow Membership” is a digital marketplace subscription provided by Mellow Massage, LLC (the “Platform Provider”). Notwithstanding any marketing nomenclature utilized on this website, the Platform Provider does not own physical spas, does not employ massage therapists, and does not sell, owe, or provide physical massage therapy.

Your monthly membership fee strictly purchases Digital Platform Credits and access to discounted software booking rates. When you redeem a Digital Platform Credit to book a session, you are utilizing the Platform Services to execute a separate, bilateral transaction directly with a state-licensed, third-party Independent Provider. The Independent Provider operates their own independent business, acts as the sole clinical actor, and remains exclusively responsible for the safe and professional delivery of all physical services.

2. MEMBERSHIP TIERS AND DIGITAL CREDITS

Depending on the subscription tier you select, your monthly fee grants you the following digital assets:

• Credit Allocation: The issuance of a specified number of Digital Platform Credits per billing cycle. One (1) Digital Platform Credit may be redeemed through the Platform Services to satisfy the independent rate of your chosen Independent Provider for one standard session.
• No Rollover Policy: Digital Platform Credits are valid exclusively during the billing cycle in which they are issued. Unused Digital Platform Credits do not roll over to subsequent billing cycles and expire immediately at the end of your current 30-day billing period. You expressly acknowledge and agree that Digital Platform Credits are a promotional, discounted benefit intrinsic to the active subscription model; they are not gift certificates, gift cards, or stored-value cash equivalents. Upon expiration, or upon the effective date of membership cancellation or termination, any unredeemed Digital Platform Credits are forfeited without refund.
• Discounted Facilitation Rates: Active members receive a reduced platform facilitation rate for booking additional sessions with Independent Providers beyond their monthly credit allocation.

3. BILLING, AUTO-RENEWAL, AND THIRD-PARTY PROCESSORS

Auto-Renewal Acknowledgment: By providing your payment information and enrolling in a membership, you explicitly authorize the Platform Provider to automatically charge your vaulted payment method on a recurring, monthly basis until you cancel. You acknowledge that your subscription will automatically renew at the then-current monthly rate.

Third-Party Processing: You acknowledge that all recurring charges are executed by independent, PCI-compliant third-party payment gateways (including, but not limited to, Mindbody). The Platform Provider acts strictly as a limited payment collection agent and software facilitator. The Platform Provider explicitly disclaims all liability for routing errors or data breaches originating from such third-party processors.

Non-Refundable Digital Assets: Membership fees are charged for access to the digital platform, the allocation of Digital Platform Credits, and discounted booking rates. Because these digital assets are delivered to your account upon billing, all monthly subscription fees are strictly non-refundable, regardless of whether you elect to redeem your Digital Platform Credits with an Independent Provider during that billing cycle.

4. CANCELLATION POLICY

Membership Cancellation: You may cancel your recurring membership at any time to prevent future charges. To cancel, you may immediately terminate your membership online, without any further steps, by logging into your account profile and clicking the clearly designated ‘Cancel Subscription’ button. Alternatively, you may submit a cancellation request via email to info@mellow-massage.com or via U.S. Mail. To prevent the next recurring charge, your cancellation must be executed or received at least three (3) business days prior to your next scheduled billing date. Upon cancellation, your account will remain active until the end of your current billing cycle.

Appointment Cancellation (The 24-Hour Rule): Independent Providers maintain absolute discretion over their cancellation policies. If you book an Independent Provider utilizing your Digital Platform Credits or discounted member rate, and you cancel within twenty-four (24) hours of the scheduled start time (or fail to appear), you explicitly authorize the Platform Provider to deduct one (1) Digital Platform Credit from your account, or charge your vaulted payment method the applicable cancellation penalty, strictly on behalf of the Independent Provider to compensate them for their reserved time.

5. LIMITATION OF VICARIOUS LIABILITY AND INDEPENDENT CONTRACTOR ACKNOWLEDGMENT

You explicitly acknowledge that your enrollment as a member does not create an agency, employment, or joint venture relationship between the Platform Provider, the physical Studio Entity, and the Independent Providers. You explicitly waive any claim of “ostensible agency.” You agree that you are looking solely to the Independent Provider for clinical services, and you unconditionally waive any right to hold the Platform Provider or the Studio Entity vicariously liable for the physical acts, omissions, or torts (including negligent hiring or credentialing) of the Independent Provider.

6. HEALTH DATA AND PHYSICAL RISK DISCLAIMERS

Passive Digital Conduit: Your membership profile and any health data submitted digitally through the Platform Services are routed directly to your chosen Independent Provider. The Platform Provider does not review membership profiles for medical contraindications and provides no medical diagnosis or clinical oversight.

Mandatory Physical Waiver: Your enrollment in a digital membership does not alter, diminish, or bypass the inherent physical risks of bodywork. Your physical presence at a Studio Entity and your receipt of physical services from an Independent Provider remain strictly governed by the mandatory In-Person Physical Liability Waiver, which you must execute prior to receiving services.