to the best of our knowledge, only professional in massage therapists and esthetcians who comply with state, city, and/or localicensing or certification requirments are hired by us. Ask us if you would like to see a particular massage therapist's or esthetician's license or certification. Streatch services may be provided by massage therapists or, if your state and local law permit, certified personal trainers. You understand that the services we provide are not a replacement for medical care, should not be construed as a substitute for medical examination, diagnosis, or treatment, that no medical diagnosis will be made, and that you should see medical provider for any medical issues you may have. You should consider consulting your physician before participating in any massage, skin care, stretch service, or stretching regimen, It is your responsibility to inform us of any per-existing conditions, limitations, or specific sensitivities. Male/female genitalia and women's breasts will not be exposed or massaged at any time. Modest draping will be used during each of your services. If you do experience discomfort or pain or are uncomfortable for any reason during a service, you agree to immediately ask the therapist or esthetician to adjust the manipulation, draping, pressure, heat, or environment ( or, if you prefer, you can ask the therapist or esthetician to end the service at any time). If the therapist or esthetician is unable to relieve you discomfort after you request and adjusment, you will inform the therapist or esthetician you would like to end the service immediately, If you have any concerns about you therapist or esthetician, you agree to bring it to our attention immediately following your service. Inappropriate or illegal conduct will not be tolerated in any manner. We may, in our sole discretion, refuse or discontinue a service if we determine such service may be unsafe or cause discomfort for you or if you engage in any inappropriate conduct as determined by us in our sole discretion.
We reserve the right to terminate or refuse to renew your Agreement for any reason not prohibited by law including, but not limited to, an unsatisfactory payment history. We reserve the right to collect at any time any delinguent or outstanding balance(s) that has not been paid for any services provided or monthly payments owed. For purposes of identification and biling, you agree to provide us with current, accurate, complete, and updated information including your name, address, telephone number, and applicable payment data. You agree to nitify us promptly of any changes in your information, including your payment data.
We may delay enforcing any of our rights without losing them, We can enforce this Agreement againt your heirs and legal representatives. We may assign or transfer this Agreements or any of our rights under it without notice to you, except as otherwise required by law. You right or obligations under this Agreement cannot be this Agreement or any of our rights under it without notice to you, except as otherwise required by law. You rights or obligations under this Agreement cannot be assigned by you to anyone else without our prior written consent. In the event of our closure, you will be directed to another Massage Envy franchise. THe invalidity or unenforceability of any provision of thsi Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. You understand and agree that this Agreement does not grant you the privilege of exclusive or preferred access to our or any other Massage Envy location or to any service offered at our or any other Massage Envy location. You or any oher individual may obtain access to and purchase any and all services offered by us or at any Massage Envy locaiton without entering into an Agreement, and you understand taht thsi Agreement only entitles you to the benefits ser forth herein.
For residents of all U.S. states except California, Maine, and Utah resedents: YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT. YOU MAY CANCEL THIS AGREEMENT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD OPERATION DAY AFTER RECEIVING A COPY OF THISS AGREEMENT. IF YOU CANCEL THIS AGREEMENT WITHIN THE THREE-DAY PERIOD, YOU ARE ENTITILED TO A FULL REFUND OF YOUR MONEY LESS A FEEE EQUAL TO THE VALUE OF ANY SERVICES RECEIVED. IF THE THIRD OPERATIONG DAY FALLS ON A SUNDAY OR A HOLIDAY, NOTICE IS TIMELY GIVEN IF MAILED OR DELIVERED AS SPECIFIED IN THIS NOTICE ON THE NEXT OPERATING DAY. REFUNDS MUSH BE MADE WITHIN THIRTY (30) OPERATING DAYS OF RECEIPT OF THE CANCELLATION NOTICE BY US. "OPERATING DAY" MEANS ANY DAY ON WHICH PATRONS MAY INSPECT AND USE OUR FACILITIES AND SERVICES DURING A PERIOD OF AT LEAST EIGHT (8) HOURS. ALL CANCELLATION REQUESTS MUSH INCLUDE A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION PERSONALLY DELIVERED OR SEND BY REGISTERD MAIL, RETURN RECEIPT REQUESTED, TO US. IF YOU DO NOT CANCEL WITHIN THE THREE-DAY PERIOD, YOU SHALL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT INCLUDING THOSE RELATED TO CANCELLATION.
By signing below, you authorize us to automatically charge the card you have specified. Monthly payments will be automatically charged on or after the same day of each month until you cancel this Agreement in accordance with its terms. You understand we may continue to automatically charge your card or terminate this Agreemetn in accordance with its terms. Additionally, you authorize us to automatically charge your card in lieu of presenting it for any services received.
ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, AND INDEMNIFICATION By signing below, you understand, acknowledge, agree and hereby voluntarily accept all risk and responsibility associated with the services provided and use of any of the facilities at any Massage Envy location. You hereby waive all claims, assume all liability, and release, hold harmless, indemnify, and agree to defend us (including our affiliates, agents, and employees), MEF, MEF's affiliates, and any other Massage Envy location you may visit, from liability for any injury, claim, cause of action, suit, demand, and damages ( including, without limitation, personal, bodily, or metal injury, property damage, economic loss, consequential damages, and punitive damages), arising from or related to (1) your failure to disclose any pre-existing conditions, limitations, or sensitivities; (2) your failure to inform your therapiest or esthetician of discomfort or pain during or at the end of the services; (3) your presence on the premises of any Massage Envy location; and/or (4) any negligence on our part (including our employees) or on th epart of any other Massage Envy franchise. Your further expressly agree that this Assumption of Risk, Release, Waiver of Liability, and Indemnification is intended to be as broad and inclusive as permitted by law and that if any portion of it is held invalid, the balance shall be valid and continue in full legal force and effect. These provisions are binding on your estate, family, heirs, administrators, personal representatives, and assigns.
YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THE PROVISIONS CONTAINED WITHIN THIS AGREEMENT, HAVE HAD ADEQUATE TIME TO REVIEW SUCH PROVISIONS BEFORE SIGNING, ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO THESE PROVISIONS IS GIVEN IN EXCHANGE FOR OUR RENDERING OF SERVICES, AND AGREE THAT THESE PROVISIONS APPLY AT EACH VISIT TO ANY MASSAGE ENVY LOCATION. YOU ACKNOWLEDGE AND AGREE THAT EACH MASSAGE ENVY LOCATION IS INDEPENDENTLY OWNED AND OPERATED AND YOUR AGREEMENT IS WITH US AND NOT WITH MEF OR ANY OF ITS AFFILIATES. YOU UNDERSTAND AND AGREE THAT OUR THERAPIEST AND ESTHETICIANS ARE OUR EMPLOYEES AND ARE NOT EMPLOYED BY AND ARE NOT EMPLOYEES OF MEF OR ANY OF ITS AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME SHALL YOU HAVE A RIGHT TO, NOR SHALL YOU, ASSERT OR BRING ANY CLAIM, DEMAND, OR LEGAL ACTION AGAINST MEF OR ANY OF ITS AFFILIATES RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT. YOU FORTHER ACKNOWLEDGE AND AGREE THAT NEITHER MEF NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR (i) ANY OBLIGATIONS OR LIABILITIES RELATING TO OR ARISING FROM THSI AGREEMENT; (ii) ANY CLAIM BASED ON , IN RESPECT OF, OR BY REASON OF THE RELATIONSHIP BETWEEN YOU AND US; OR (iii) ANY CLAIM BASED UPON ANY ALLEGED UNLAWFUL ACT OR OMISSION BY US OR ANY OTHER MASSAGE ENVY LOCATION.