THIS IS A LEGAL AGREEMENT (“Agreement”) BETWEEN SABAI THAI SPA INC. ("STS")
AND YOU. THIS AGREEMENT GOVERNS YOUR USE OF STS’ MASSAGE SERVICES, SPA
OR PERSONAL CARE TREATMENTS, AROMATHERAPY, REFLEXOLOGY, AND ANY
OTHER SERVICES OR GOODS OFFERED BY STS (the “Services”). IF YOU DO NOT
AGREE TO THIS AGREEMENT. THEN YOU ARE NOT AUTHORIZED TO USE THE
SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT AND
INTENT TO BE BOUND BY THIS AGREEMENT.
1. Treatment Plan. You agree that you have discussed with STS, and been informed of, the
following before receiving the Services:
a. your goal for receiving the Services, the nature and purpose of the proposed Services
and how they will address your goals;
b. the alternative methods of Services, if any;
c. the risks involved with the specific Services you wish to receive, which may include:
bruising, aching, discomfort, short term aggravation of symptoms, and/or skin irritation;
d. the areas of your body that will be touched during the Services and why; and
e. your options for disrobing prior to the Services, if required.
However, you agree that your treatment plan be modified by STS depending on what arising
during the performance of the Services – you will be informed prior to such modifications.
Agreement. You also agree to abide any other policies related to the delivery of Services as
are added, removed, or modified by STS from time to time.
3. Fees. You will pay all fees, expenses, and taxes invoiced by STS related to the Services
within 5 days of receipt of such invoice. All fees paid by you are non-refundable except at
the sole discretion of the STS. All fees quoted by STS are subject to change without notice.
Late fees are subject to 12% interest per year, calculated and compounded monthly. If you
are set up on a STS membership subscription, then you consent for STS to charge your
credit card information on file every month based on the terms of that membership
4. Cancellation. If you reschedule or cancel any Services upon less than 24 hours’ written
notice to STS, then you will pay STS’ current cancellation or rescheduling fee ($50). STS
may reschedule or cancel any Services upon reasonable notice to you, but not less than 24
hours notice. In the event you breach this Agreement STS may immediately terminate the
Services without liability to you; however, you are still responsible to pay any applicable
5. No Show. If you fail to show up to a scheduled appointment then you will pay STS’ all fees
as if you didn’t miss the scheduled appointment.
6. Privacy + Confidentiality. STS will not disclose any of your personal information (including
medical information) that could reasonably identify you unless such disclosure (a) is
consented to by you, (b) reasonably necessary or expedient in order to perform the
Services, (c) reasonably required in order to enforce this Agreement, or (c) required by law.
7. Medical Records. Subject to SPS’ confidentiality obligations, you authorize the release of
your medical records and other health care information including intake forms, agreements,
chart notes, report, and other written information to/from STS in order to help plan a safe
and effective experience with the Services.
8. Client Representations. You represent and warrant that:
a.. You are of legal age and of sound mind to enter into this Agreement, failing which, your
legal guardian/decision maker has granted such permission and is bound by this
b. you are in a physical and psychological condition sufficient for the safe participation of the
c. you do not have any condition or issue that would make it potentially harmful for you to
receive the Services and you have disclosed all such condition to STS before the
d. you will behave and act appropriately at all times and not engage in any illicit or sexually
suggestive behavior, remarks or advances (which will result in the immediate termination
of the Services and you will make full payment for the intended Services, in addition to
e. you will not use the Services to engage in any journalistic, deceptive, misleading, illegal or
unethical activities or activities that otherwise may be detrimental to STS, as determined in
STS’s sole discretion; and
f. you will provide true, accurate, current and complete information about yourself as
prompted and you will maintain and promptly update your information to keep it true,
accurate, current and complete.
9. Touching. STS will not touch your genitals; however, depending on the specific Services, it
may be necessary for STS to touch areas close to your genitals. If at any time you feel
uncomfortable with any touching or prospective touching, please let STS know and your
specific Services will be adjusted accordingly.
10. RELEASE, INDEMNITY + ASSUMPTION OF RISK. YOU RELEASE, INDEMNIFY, AND
FOREVER DISCHARGE THE STS, AND ITS AFFILIATES, OPERATORS, EMPLOYEES,
AGENTS, VOLUNTEERS, AND CONTRACTORS (COLLECTIVELY, THE “RELEASEES”)
OF AND FROM ANY AND ALL MANNER OF ACTIONS, CAUSES OF ACTION, LOSS OR
DAMAGE OF ANY NATURE OR KIND WHATSOEVER (INCLUDING PERSONAL INJURY
OR DEATH), WHETHER IN LAW, EQUITY, OR PURSUANT TO STATUTE WHICH AS
AGAINST THE RELEASEES YOU EVER HAD, NOW HAVE, OR AT ANY TIME
HEREAFTER MAY HAVE, ARISING OUT OF THE SERVICES TO THE GREATEST
EXTENT PERMITTED BY APPLICABLE LAW. Further, you understand and agree that:
a. you voluntarily assume all risks related to my participation in the Services and the
Releasees will not be held responsible should you, or any third party, suffer adverse or
b. the Services are not intended for the diagnosis or prevention of a disease, disorder,
abnormal physical, mental or emotional state or its symptoms, and the provision of the
Services by any Releasees is in not lieu of any sort of medical or psychological diagnosis
or treatment; and
c. there is no guarantee or representation of any kind as to any results or outcomes of your
participation in the Services.
11. LIMITATION OF LIABILITY AND DISCLAIMERS. NOTWITHSTANDING ANYTHING TO
THE CONTRARY, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”
WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, STS AND THE RELEASEES EXPRESSLY DISCLAIM ALL
WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH
RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW,
CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT. IF, FOR SOME REASON, DESPITE
THIS AGREEMENT, ANY STS IS FOUND TO BE LIABLE TO YOU IN ANY WAY, THEN
SUCH STS’ TOTAL LIABILITY WILL BE LIMITED TO THE AMOUNT YOUR PAID STS IN
THE YEAR IN WHICH THE CLAIM AROSE.
a. Headings. The inclusion of headings in this Agreement is for convenience only and
shall not affect the consideration or interpretation of this Agreement.
b. Survival. The covenants of You contained in this Agreement shall survive the
termination or expiry of this Agreement.
c. No Strict Construction. The language in all parts of this Agreement will in all cases be
construed as a whole and neither strictly for nor strictly against any of the parties to this
d. Binding Nature. This Agreement shall be binding on and enure to the benefit of the
successors and assigns of all Parties and all persons or corporations succeeding to or
acquiring the business now carried on by the parties.
e. Jurisdiction and Forum. This Agreement shall be construed under and governed by
the laws of British Columbia and the parties agree to attorn to the jurisdiction of British
f. No Amendment. No amendment or modification of this Agreement shall be valid or
binding on the parties unless both parties consent to such amendment or modification, or
re-agree to such agreement.
g. No License. No license to You, under any trademark, patent, copyright, industrial
design, or any other intellectual property right, is either granted or implied by STS.
h. Gender, Plural and Singular. In this Agreement, unless the context otherwise requires,
words importing the singular include the plural and vice versa, words importing gender
include all genders, “or” is not exclusive and “including” is not limiting, whether or not
non-limiting language (such as “without limitation”) is used with reference to it.
i. Electronic + Counterparts. This Agreement may be signed by counterparts,
electronically, or by way of clickwrap.
LAST UPDATED OCTOBER 2, 2020