TERMS OF USE AND WAIVER
Effective Date: May 15, 2025
These Terms of Use and 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; Mellow La Jolla, LLC, and any of our here-unnamed affiliates, partners, and subsidiaries (collectively, “Mellow,” “we,” “us,” or “our”). By accessing or using the Services, or by signing this Agreement, you, and any third-party for whom you are accessing or bookings the Services (“you” or the “Client”) agree to be legally bound by all terms below.
THE INFORMATION AND ADVICE INCLUDED OR OFFERED BY MELLOW DIRECTLY OR INDIRECTLY, ON THE SITE, AS PART OF THE SERVICES, OR AS OTHERWISE PROVIDED HEREIN, IS NOT INTENDED TO BE USED AS MEDICAL ADVICE. NO MATERIALS OR INFORMATION HEREIN ARE INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION/TREATMENT.
1. Assent, Marketplace Relationship & Waiver of Liability
You expressly acknowledge that Mellow operates solely as an online marketplace and booking facilitator, and that 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 such massage and body-work, including any subsequent pain, injury, and/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, and causes of action of any kind—including negligence, breach of contract, strict liability, and statutory claims—arising out of or relating to your use of the Services or receipt of 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 Agreement (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 Agreement 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 Agreement), terms, conditions, and membership agreements, each Mellow entity, whether named above or otherwise, 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.
2. Release of Liability & Assumption of Risk
You acknowledge and agree that 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, as applicable, Mellow Entities against any loss, liability, or expense (including attorneys’ fees and costs) 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; Additional Information Requested
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, without limitation, issues of quality, technique, pricing, or compliance with health regulations. 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.
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.
5. Release of Liability
The Client hereby releases, waives, and discharges, respectively, and as applicable, Mellow and the Mellow Entities 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, whether by Mellow, the Mellow Entities, or the Provider.
6. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App to) 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 further agree that 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. For more details on our use of “cookies”, marketing, advertising, and related services, please review our Privacy Policy at
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of this Agreement; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or this Agreement, 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 submissions, contributions, etc., 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 [LINK]. By using the Services, you agree to be bound by both this Agreement and our Privacy Policy, respectively, which is, accordingly, incorporated into this Agreement.
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
The Services and this Agreement will continue until they are terminated by either party. You may terminate the Services and this Agreement through your account, or as otherwise made available by Mellow via termination/cancellation form or in writing. Mellow may terminate the Services and this Agreement by giving you written notice (e-mail sufficient) or as otherwise noted herein.
n addition to Mellow’s foregoing termination right, Mellow may immediately suspend or restrict your account; suspend or restrict your access to the Services; block your ability to use any particular feature of a Service; or immediately terminate the Services and this Agreement, in each case with or without notice to you, in the event that: (i) Mellow has any reason to suspect or believe that you, whether directly or indirectly, may be in violation of this Agreement or your agreement with any Provider, partner, or affiliate of Mellow; (ii) Mellow determines that your actions are likely to cause legal liability for or material negative impact to Mellow; (iii) Mellow believes that you have misrepresented any data or information or that you have engaged in fraudulent or deceptive practices or illegal activities; or (iv) you file a petition under the U.S. Bankruptcy Code or a similar state or federal law, or a petition under the U.S. Bankruptcy Code or a similar state or federal law is filed against you.
The termination of any of the Services or this Agreement will not affect your or Mellow’s rights with respect to transactions which occurred before termination. Mellow will have no liability for any costs, losses, damages, penalties, fines, expenses, or liabilities arising out of or related to Mellow’s termination of this Agreement. Any sections of this Agreement, which by their nature should survive, will survive and remain in effect even if this Agreement is terminated, canceled, or rescinded.
Upon termination of any of the Service(s) and/or termination of this Agreement, your right to access and use such terminated Services(s) will automatically terminate; provided, however, that Mellow, in its sole discretion, and for a limited time, may continue to provide you with the ability to access your account in a limited capacity with respect to such terminated Service(s) to view and download information that was available in your account at the time of termination of such Service(s) (the “Limited Access Rights”). While you have Limited Access Rights, you shall use reasonable efforts to adequately secure, and keep confidential, any passwords or credentials for your account, and any information accessible via your account, and you are further encouraged to immediately download any content, documents, or information belonging to you that you wish to retain. Mellow may deny the Limited Access Rights to you, or Mellow may revoke the Limited Access Rights at any time, in its sole discretion. Mellow shall otherwise retain or destroy, in its sole discretion, but consistent with applicable law, your personal information, as applicable, with additional information on this topic found in Mellow’s Privacy Policy.
12. MODIFICATIONS AND INTERRUPTIONS
We present the Services “as-is”, and 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, and with or without notice. Accordingly, we will not be liable to you or any third party for any, e.g., modification, price change, suspension, or discontinuance of the Services for any reason.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or we may 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
This Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles.
14. DISPUTE RESOLUTION; ARBITRATION; WAIVER OF JURY TRIAL; NO CLASS ACTION
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
All claims arising out of or relating to this Agreement (including its formation, performance, and breach, including breach of this arbitration provision), your use of the Services, your relationship with us, and/or your access to or use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with its Comprehensive Arbitration Rules and Procedures (or Streamlined Rules if applicable), then in effect. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. 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.
You agree that by using and/or accessing the Services, (a) you, pursuant to the arbitration provision herein, waive your right to a jury trial; (b) agree that such arbitration is your sole method/venue for any claims or damages hereunder; and (c) that you may not combine your claims or causes of action with any third-party to, without limitation, create a class action lawsuit or any similar joint or combined action with any third party.
You acknowledge that any breach of this Agreement shall give rise to irreparable injury to Mellow which may not be adequately compensated by damages. Accordingly, Mellow may seek and obtain injunctive relief against the breach or threatened breach of the undertakings contained herein, in addition to any other legal remedies which may be available, without the requirement of posting bond. You further acknowledge and agree that the covenants contained herein are necessary for the protection of Mellow’s legitimate business interests and are reasonable in scope and content.
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. Notwithstanding the foregoing, Mellow shall not be responsible or liable for any damages suffered by you or any third-party as a result of such errors, inaccuracies, or omissions.
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, WITHOUT LIMITATION, 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 MELLOW ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE MELLOW 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 MELLOW 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 and the Mellow Entities 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 use of the Services; (2) breach of this Agreement; (3) any breach of your representations and warranties set forth in this Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) 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, or as part of, 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, collectively, 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 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 [LINK]
Message and data rates may apply. You may opt out of receiving SMS messages at any time by replying STOP.
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
Amendments. Mellow reserves the right to change the terms, conditions, and fees for the Services, this Agreement, and its Privacy Policy at any time and in its sole discretion. You are responsible for checking, and you explicitly agree to periodically check, the Agreement from time to time for any changes to the Agreement. Mellow will endeavor, but shall not be obligated, to provide thirty (30) days’ prior notice of any material change. Notice may be provided in writing, electronically (including e-mail), or via the Site. If you do not wish to be bound by such change, you must discontinue using and terminate the Services before the change becomes effective. If you continue to use the Services or Site after the change becomes effective, you will be bound by the change(s). You have the responsibility to ensure that your address, including any electronic address(es), billing, and account information in Mellow’s records are accurate. The timing of an advance notice of change may be shortened when permitted or required by law.
Entire Agreement. This Agreement contains the entire understanding between you and Mellow concerning the matters addressed herein.
No Waiver. No waiver on behalf of any party of any breach of the provisions of this Agreement shall be effective or binding upon such party unless the same shall be expressed in writing and any waiver so expressed shall not limit or affect such party’s rights with respect to any future breach of any of the provisions of this Agreement. No failure on the part of any party to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right.
Independent Contractors. Mellow is an independent contractor with respect to the provision of the Services, and each Party is solely responsible for its respective taxes hereunder, as applicable. You and Mellow both specifically and expressly disclaim any intention to create a partnership or joint venture or to constitute any party as agent of the other. Nothing in the Agreement will result in a party being a partner of the other party nor impose any partnership obligations on any party. Additionally, nothing in the Agreement shall give you the ability to act on behalf of or bind Mellow.
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.
No Third-Party Beneficiaries. Nothing in this Agreement is intended, nor will be deemed, to confer rights or remedies upon any person or legal entity not a party to this Agreement.
Assignment; Successors and Assigns. You shall not assign this Agreement without the prior written consent of Mellow. Mellow may assign this Agreement at any time in its sole discretion, including as a result of any sale, merger, consolidation, or asset sale with or to any third party. The provisions of this Agreement shall inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.
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
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: privacy@mellow-massage.com
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;
(b) that neither Mellow nor the Provider is diagnosing illnesses or injuries or prescribing medication;
(c) that the services offered are not a substitute for traditional medical treatment;
(d) that before receiving the Services, you have consulted with (or will consult) a licensed medical professional and have been cleared to receive such services;
(e) that the information you provide regarding your health, well-being, or medical history is complete and accurate; and
(f) 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 or the Provider 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.
28 ELECTRONIC SIGNATURES; ASSENT TO THIS AGREEMENT
By selecting the “I Accept” button (if applicable) or by otherwise using the Services or Site, you sign this Agreement electronically and agree that your electronic signature is the legal equivalent of its ink signature on this Agreement.
By selecting “I Accept” or by otherwise using the Services or Site, you further represent that you are authorized to enter into this Agreement, whether individually or on behalf of a third party, and you, including all associated and bound third parties, consent to be legally bound by the Agreement and its terms and conditions. You further agree that your use of a keypad, mouse, or other device to select an item, button, icon, or similar act/action, or to otherwise provide Mellow with instructions electronically, or making any acceptance of any agreement, acknowledgement, consent terms, disclosures, or conditions constitutes your signature (hereinafter referred to as “E-Signature”), acceptance, and agreement as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Mellow.
