Terms of service.
Updated: August 1, 2024
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.
Welcome to Amary Jayne Holistic Wellness.
Before you get started with your first massage, health education or energy healing service, please read these Terms of Service (“Terms”) carefully. These Terms explain the business relationship between you, as our customer, and the independently owned and operated Amary Jayne Holistic Wellness entity identified in your Guest Form (for guests). If you are a “Guest” (as defined below), then these Terms will apply to your receipt of services from us.
By accessing our website (www.amaryjayne.com), including, without limitation, any other media form, media channel, media application or mobile website related or connected thereto (collectively, the “Site”), or using any of our services, including, without limitation, those services described in Guest Form (collectively, the “Services”), you accept and agree to be bound by these Terms. If you do not wish to be bound by these Terms, you may not access the Site or Services.
By accessing the Site or purchasing Services, you do so at your own risk and are responsible for compliance with any applicable laws, rules, regulations and treaties. You may only place an order to purchase Services in accordance with the laws of the state of California.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION. SEE SECTION 10 FOR MORE DETAILS.
1. ACCEPTANCE
1.1 Eligibility. You are eligible to receive Services if (a) you are at least thirteen years of age; (b) you are in good health and have no impairment, injury, disease or ailment preventing you from engaging in the Services, including, without limitation, massage or energy healing sessions, or which could cause increased risk of injury or adverse health consequences as a result of your participation; (c) you will not use our Services for any fraudulent or illegal purpose, or in any manner that unreasonably interferes with the operation of our business, the provision of the Services, or the use and enjoyment of services by other Guests; and (d) your use of Services will be in compliance with the Agreement. By accepting these Terms, you represent and warrant that you meet our eligibility requirements.
1.2 Consent to Electronic Signatures. By using Services or clicking any button to indicate your consent to these Terms, you accept and agree to be bound by the Agreement just as if you had agreed with your handwritten signature. When accepted in electronic form, the Agreement and all related documents shall be governed by the United States Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”). By clicking “SUMIT,” “ACCEPT,”“PLACE MY ORDER,” “CONFIRM PURCHASE,” or such similar markings as may designate your acceptance and consent to the Agreement, you are voluntarily submitting a legally binding electronic signature and are entering into a legally binding contract with us.
1.3 Modification of the Terms. We may amend these Terms from time to time. Unless we provide a delayed effective date, any changes to these Terms will be effective when sent to your email address on file or upon posting to the Site. Your continued access to or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. INFORMED CONSENT
2.1 Consent to Receive Services. Massage and energy healing sessions use tactile soft tissue manipulation, joint mobilization and/or self-care programs, as determined by our massage therapists, to assess and treat the soft tissue, muscles and joints of the body. By entering into the Agreement, you are providing us with your express written consent to receive the Services, including, without limitations, any massage or energy healing sessions.
2.2 Your Rights. If at any time during your massage or energy healing session you feel uncomfortable or believe your therapist’s words or actions to be inappropriate, you have the right to request an immediate stop to the activity you find objectionable, to end the session, or to request a modification of the session regardless of any previous consent that you may have previously provided. You understand that your therapist will instruct you to disrobe to your level of comfort and that it is always your choice to act. You should communicate with your therapist about any discomfort that you may experience during a massage or energy healing session. You understand that our employees and therapists will treat you respectfully, and you will be expected to treat all Amary Jayne Holistic Wellness employees, therapists and other guests with a similar respect. Our employees and therapists will not tolerate behavior or comments that may be considered threatening, offensive, sexually suggestive, or otherwise inappropriate; this type of behavior is strictly prohibited. Our therapists reserve the right not to treat any client so long as their refusal to treat is lawful and non-discriminatory.
3. SERVICES
3.1 Services Offered. We offer a variety of massage sessions, including, without limitation, Swedish massage, energy healing and sports massage. In addition to massage or energy healing sessions, we also offer a variety of add-ons such as deep tissue, cbd oil, aroma therapy, massage gun, hot stones, crystals, tuning forks, meditation, prenatal, lymphatic, and cranial sacral. We reserve the right to change our Services at any time, with or without notice, including, without limitation, the type of massage, healing-energy session or add-ons offered, the price for Services, the availability of the Site or certain therapists, the times for available bookings, our studio’s normal hours of operation.
3.2 Guests. All Services provided to “Guests” are subject to these Terms. All Guest will be required to pay for Services in full at the time they are rendered. As a Guest, Services cannot be assigned or transferred to someone else without our express written consent. Guests who use our services may be required to check in and provide a valid form of identification and comply with all service Rules (as defined below), and sign a Guest Form.
3.3 Minor’s Use. We do not offer or make Services available to any Guest under the age of 13. If you are a minor, considered an individual between the ages of 13 and 17, then, unless prohibited by applicable law, we will permit the minor to receive Services provided the minor’s parent or legal guardian (a) enters into the Agreement on the minor’s behalf, and (b) takes responsibility for all billing on the minor’s account. Both the minor and the minor’s parent or legal guardian will be responsible for compliance with the Agreement including, without limitation, these Terms and any service Rules. We (in our sole discretion) require that the minor’s parent or legal guardian remain present at all time during the session.
3.4 How to Book and Cancel a Treatment Booking a massage or energy healing session is easy. You can do so online (at www.amaryjayne.com), or in person. You can cancel a booked massage or energy healing session through the same designated channels. Please note that we have a 24-hour window for cancelling a booked massage or energy healing session (see, Late Cancel policy).
3.5 Late Arrival Policy. If you schedule a massage or energy healing session and you arrive more than 15 minutes after the scheduled start time, you permit us to charge you the full value for the session (i.e., 100% of the treatment price). To maximize the benefit of your scheduled session, we recommend that you arrive 15 minutes early to permit ample time to get checked in and prepare for the session. We do not provide refunds on sessions for which you show up late.
3.6 Cancel Policy. As a courtesy to you and other Guests, we strive to start all massage or energy healing sessions at their scheduled times. If you must cancel a scheduled session, we require that you provide us with at least 24 hours of advance notice. If cancellation of your session is past 24 hours from the scheduled start time, you permit us to charge you $25 as a missed session service charge. We do not provide refunds for sessions that you fail to properly cancel.
3.7 Loss of Property. Guests are encouraged to leave valuables at home. If you bring valuables into the studio or onto our premises (including the parking lot), we shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items belonging to you or your guests.
3.8 Quiet Environment. As a courtesy to other Guests, please maintain a quiet level of conversation. Cell phones and other mobile devices must be turned off or put on silent upon check-in.
3.11 Gift Cards. A gift certificate or gift card for Services is not the same as a membership. Gift certificates and gift cards are subject to their own terms. If you wish to purchase a gift certificate or gift card, the gift card can only be redeemed at studio where it was purchased or the location selected on our website. All Services used under a gift certificate or gift card will be subject to these Terms.
3.12 Studio Rules. Guests will conduct themselves appropriately at all times and comply with all applicable laws, including, without limitation, laws governing alcohol and drug use and intoxication, rules and regulations established by us in our sole discretion (as made available on the Site or in the studio), and directions of governmental authorities and Amary Jayne Holistic Wellness personnel (collectively, “Rules”). If in our judgement you violate the Rules, or if you act in a manner contrary to the best interests or safety of our employees, therapists, or Guests, then we shall have the right to refuse you entry into our studio, or any other Amary Jayne Holistic Wellness place of business, or to discontinue Service (as applicable).
4. PRODUCTS
4.1 CBD Oil Products. Amary Jayne Holistic Wellness use of CBD oil products contain full spectrum CBD oil and therefore contain tetrahydrocannabinol (“THC”) in minimal amounts (0.3% or less). The THC contained in these products do not cause a “high” because the THC is not absorbed into the bloodstream. With these trace amounts of THC, it is very unlikely that use of a topical would cause a failed drug test, however, we cannot guarantee that the use of our CBD products will not result in a failed drug screening for THC. Your use of any product, is at your own risk. We are not responsible for any personal adverse employment or professional action related to your use of CBD oil products. Before using any CBD oil product, please consult your healthcare professional about potential interactions or other possible complications prior to use. If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing CBD oil products. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. We shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of any CBD oil product offered or sold by us.
5. PAYMENT TERMS
5.1 Payment Method. You must provide a current, valid and accepted method of payment. Accepted payment methods include credit cards and debit cards (including MasterCard, and Visa) and cash (exact change or amount owed). All fees and other charges owed will be charged to the payment method on file. Unless otherwise posted, all prices are quoted in U.S. dollars, and we only accept payment in U.S. dollars.
5.2 Payment Authorization. You expressly authorize Amary Jayne Holistic Wellness entity listed in your Guest Form (which, for purposes of this payment authorization, shall also include our authorized third-party payment service providers) to seek payment of all fees, charges or other amounts due under the Agreement on or after each payment due date by charging the credit card on file. You understand that a charge may not immediately post to the card. If you have provided multiple payment cards to us, and in the event a payment that we attempt to collect fails, you authorize us to attempt to collect the payment by initiating one or more payment attempts to any additional payment cards that you have provided to us.
It shall be your responsibility to ensure that the credit card number that we have on file for you is valid so that all fees, charges or other amounts due under the Agreement can be charged to that card. If any payment card that you have previously provided changes or expires, you agree to promptly notify us of such change so that there is always at least one valid card on file. If any payment subject to this authorization is returned unpaid and a valid card is not provided within ten (10) days after the regularly scheduled date for payment, we may exercise any and all rights available to us, whether under the Agreement or under applicable law, which may include, but are not limited to, suspension of services until such payment is made, assessing a late payment fee, and/or terminating the Agreement and/or Services.
In the event we make an error in processing a charge, you authorize us to initiate a credit or debit to the card on file to correct the error. If you inadvertently transpose a digit or make a similar error in providing us with information about a payment method, you authorize us to correct the error after verifying the information with you. You understand that your financial institution may charge you a fee in addition to any service charge you may owe us if any payment authorized above is dishonored or returned unpaid, and you agree that we will have no liability regarding such fees.
You may revoke this payment authorization in person at the studio, by calling the phone number, by sending us an email, to the contact information listed in your Guest Form with enough notice to give us a reasonable opportunity (typically three business days) to act on your request. If you revoke this authorization, you will still be responsible for paying any amounts you owe under the Agreement and your service will terminate as of the date of revocation.
6. DISCLAIMERS; LIMITATION OF LIABILITY
THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, SALABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS AS TO THE OPERATION OR AVAILABILITY OF THE SITE OR THE IMPORTATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. WE, FRANCHISOR, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICE, AND YOUR ACCESS OR USE THEREOF.
WE DO NOT GUARANTEE THE QUALITY OF THE INFORMATION OR ANY MATERIAL PURCHASED OR ACQUIRED BY YOU ON THE SITE IS ACCURATE OR MEETS YOUR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR- FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We do not warrant,
endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or 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 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.
YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. WE AND FRANCHISOR SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, ANY ORDER OR THE FULFILLMENT OR NON-FULFILLMENT THEREOF, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. WE AND FRANCHISOR
ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR SERVICES.
TO THE EXTENT THAT A STATE OR DISTRICT DOES NOT PERMIT THE EXCLUSION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN
SUCH STATES OR DISTRICTS. Notwithstanding anything to the contrary contained herein, our or our affiliates’ liability for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of (a) the amount paid, if any, by you to us for the Services during the period of one
(1) month prior to any cause of action arising; or (b) five dollars ($5.00).
7. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS AMARY JAYNE HOLISTIC WELLNESSAFFILIATES, PARTNERS, EMPLOYEES, ATTORNEYS, AGENTS, DISTRIBUTORS, AND VENDORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES, YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE
RIGHTS OF A THIRD PARTY. 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.
8. GENERAL RELEASE & LIABILITY WAIVER
All reference to “I” or “me” in the General Release and Liability Waiver below shall refer to you.
I hereby give my consent to receive the Services from Amary Jayne Holistic Wellness entity listed in my Guest Form, and I acknowledge and agree that I am doing so at my own risk. My health and safety with respect to such Services are my sole responsibility. I acknowledge that my receipt of the Services may result in bodily injury or other harm to me. My decision to receive Services is voluntary, and I know of, understand, and assume any and all the risks associated therewith.
In exchange for receiving the Services, I, for myself and on behalf of my heirs, executors, administrators and personal representatives, hereby waive, release, discharge and agree to indemnify and hold harmless Amary Jayne Holistic Wellness entity listed in Guest Form, affiliates, independent contractors, employees, consultants, attorneys, personnel, from and against any and all demands, claims, injuries (including, without limitation, personal injury, illness, disease, or death), legal or administrative proceedings, losses, liabilities, damages, penalties, liens, judgments, costs or expenses whatsoever (including, without limitation, attorneys’ fees and costs), whether direct or indirect, known or unknown, foreseen or unforeseen, whether or not caused by any negligence on the part of any Amary Jayne Holistic Wellness Indemnified Parties (collectively, “Claims”), that may arise on account of or in any way in connection with my receipt of the Services or otherwise on the premises of Amary Jayne Holistic Wellness Indemnified Parties. I acknowledge and understand that this waiver of liability includes any negligence of Amary Jayne Holistic Wellness Indemnified Parties, excluding only intentional wrongdoing, willful misconduct, or any act or omission finally determined by a court of competent jurisdiction to be grossly negligent. I acknowledge and understand that this waiver is intended to be a complete release of any responsibility for personal injuries sustained by me or any guest while in the studio or on the premises, whether using services, products, or equipment, or receiving the Services or not. Further, I, for myself and on behalf of my heirs, executors, administrators and personal representatives, hereby agree to indemnify and hold Amary Jayne Holistic Wellness Indemnified Parties harmless from and against any and all Claims that may arise on account of or in any way in connection with any injuries (including, without limitation, personal injury, illness, disease, or
death) to other persons, or any damage to property, in any way caused by or attributable to me, whether negligent, intentional, or otherwise.
I acknowledge and understand that this waiver of liability covers and includes any transmission of, or exposure to, any contagious disease during the Services or otherwise while in the studio or on the premises, even as a result of negligence on the part of Amary Jayne Holistic Wellness Indemnified Parties. This includes, without limitation, COVID-19. I understand that the Services are provided for the basic purpose of relaxation, stress reduction, and relief of muscular tension. I further understand that massage and energy healing sessions should not be considered a substitute for medical examination, diagnosis or treatment, and that I should see a physician, chiropractor, or other qualified medical specialist for any medical condition or physical ailments. Because massage and energy healing sessions should not be done under certain medical conditions, I affirm that I have stated all my known medical conditions in writing and have answered all questions asked of me in writing or orally honestly and completely. I agree to keep Amary Jayne Holistic Wellness entity listed in my Guest Form, and my massage therapist, updated as to any changes in my medical profile, and I understand and agree that there will be no liability on the part of Amary Jayne Holistic Wellness Indemnified Parties providing the Services should I fail to do so.
9. CONSENT TO CONTACT
9.1 Informational. You authorize us and our affiliates, agents, representatives, assigns and service providers (collectively, the “Messaging Parties”) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, email, or any similar methods then in use and automated email systems in order to provide you with information about this Agreement and related benefits, including information about payments, closures, and material changes to the Agreement. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with this Agreement or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. You agree that, unless you withdraw your consent as explained below, the authorizations you provide in this section will survive the termination of this Agreement.
You understand that, at any time, you may withdraw your consent to receive text messages and calls to your cell phone or to receive artificial or prerecorded voice message system calls by calling the phone number for Amary Jayne Holistic Wellness entity listed in your Guest Form.To stop text messages, you can also simply reply “STOP” to any text message the Messaging Parties send you.
9.2 Promotional. If you would like to receive information from us about promotions or other services that may be of interest to you, you may opt-in online or using an in-boutique form with the applicable email and/or SMS opt-in checkbox(s). By doing so, you are giving Amary Jayne Holistic Wellness entity listed in your Online Account, or Guest Form (and its authorized vendors) consent to contact you by email to the email address as set forth in your Online Account, or Guest Form, or by text message or telephone call at the number provided in your Online Account, or Guest Form for promotional purposes. You may update your communication preferences or revoke your consent to receiving promotional messages at any time. Your consent is not a condition of purchase.
10. GENERAL
10.1 Privacy. We respect your privacy and take privacy-related matters seriously
10.2 Force Majeure. We shall be excused from the performance of any of our obligations under this Agreement so long as we are prevented by any Act of God, epidemic or pandemic, weather conditions, war or other national emergency, act of terrorism, any civil disturbance, labor disruption, unavailability of materials or transportation facilities, the orders or directives of any court or government agency, or any other circumstance beyond our control.
10.3 Entire Agreement. The Agreement, including all exhibits, attachments or schedules, and all studio Rules, as revised from time to time, constitutes the entire and exclusive agreement between you and us, and supersedes all prior promises, representations, understandings and/or agreements relating to our provision of Services.
10.4 Modification. Except as expressly stated herein, this Agreement cannot be altered, amended, modified, terminated, waived, released or discharged except in a writing signed by an officer of Amary Jayne Holistic Wellness entity listed in your Guest Form, and no change, modification or revision to this Agreement is binding unless agreed to in a writing by an officer of Amary Jayne Holistic Wellness entity listed in your Guest Form.
10.5 Non-Waiver. Failure or delay by any party hereto to enforce any of the provisions of this Agreement or any rights with respect hereto, or the failure to exercise any option provided hereunder, will in no way be considered to be a waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement.
10.6 Cumulative Remedies. Our rights and remedies under this Agreement are cumulative with and in addition to any other rights and remedies provided by applicable law.
10.7 Prevailing Party. In the event of any litigation arising from breach of this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation.
10.8 Headings. Headings of sections or other parts of this Agreement are included herein for convenience of reference only and will not constitute a part of this Agreement or change the meaning of this Agreement.
10.9 Severability. Except for the class action waiver, the validity or enforceability of any term or provision of this Agreement does not affect the validity or enforceability of any other term or provision hereunder, and if any term or provision of this Agreement is held to be to any extent invalid or otherwise unenforceable by any court of competent jurisdiction, such term or provision will be construed as if it were written so as to effectuate to the greatest possible extent the expressed intent of this Agreement, and the remainder of this Agreement will not be affected and will remain valid and enforceable in all respects.
10.10 Conflicting Provisions; Priority of Documents. If the Agreement has an actual conflict in terms, the conflict will be resolved in the following priority of documents: first, any later-signed Addenda, then the Guest Form; then these Terms; then the Privacy Policy.
10.11 Governing Law; Venue. This Agreement shall be interpreted under the laws of the state in which you execute this Agreement. Any litigation under this Agreement shall be resolved in the courts of the state in which you execute this Agreement.