Assent & Waiver of Liability
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.
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.
Payment Processing
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.
Structure
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.
1. 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.
2 Health & Safety
t 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.
3 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.
4 Waiver of Liability
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.
5 Assumption of Risk; Severability; Successors and Assigns
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.
6 Governing Law
This Waiver 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 Waiver, 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. Such arbitration shall be conducted in English, and each party, respectively, explicitly agrees to personal jurisdiction in and the exclusivity of such venue.
7 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 independent provider 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).
8. 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.
9. 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.
