Client Agreement

CLIENT AGREEMENT

 

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.

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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.

2. Policies – The privacy policy found here and forms a part of, and is incorporated into this 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 subscription.

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 fees.

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 Agreement;

b. you are in a physical and psychological condition sufficient for the safe participation of the Services;

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 Services;

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 other damages);

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 unforeseen consequences;

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.

12. General

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 Agreement.

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 Columbia exclusively.

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.

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LAST UPDATED OCTOBER 2, 2020