NOTICE OF CONSENT & TERMS OF USE

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This Notice and Consent and Terms and Conditions of Service located at either (“the Web-Sites”) is required Prior to any services being provided by Marin Family Spa LLC. or its affiliates, employees, contractors, collectively (“MFS” or “We”). By using the Web-Sites https://www.marinfamilyspa.com or Booking an Appointment, using MFS Services, and or by signing in at MFS, “I”, the User or Patron of MFS (and if the applicable representative of a Minor) agree to the following Prior to services being provided by MFS:

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Acceptance of Agreement.

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This Agreement is between you and (“MFS”) THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS WITH NOTICES CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE / OR SIGNING IN AT ANY MFS STORES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

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Except as otherwise noted, this Agreement, the Privacy Policy, or notices that are provided in-store, constitutes the entire and only Agreement between you and Marin Family Spa LLC. and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

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Notice and Consent.

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I have been given information, risks, and explained to about the services being provided by MFS, and I do hereby voluntarily acknowledge, accept, and assume any and all risk relating to the services being offered by MFS, including but not limited to infections, swelling, physical impairment, or serious bodily injury, and do hereby release, and waive any resulting liability. I have disclosed that I do not have any medical conditions that would prevent me from receiving services provided by MFS including chronic back pain, liposuction within 1 month, surgeries within 1 year, or any other physical conditions. If I have any changes in my medical condition, I will notify MFS prior to any services being provided. I am not pregnant. If I am pregnant, I am 20 weeks or more, or have a doctor’s consent to have the massage appointment that I have booked. I understand having massages done under 20 weeks or during pregnancy may cause complications or a miscarriage. I acknowledge that failure to disclose any changes to my condition or that I am pregnant, I shall be completely liable for any resulting damages, injuries, or liabilities, sustained from the services provided by MFS, and I do hereby release, and waive any resulting liability. I consent to have employees, independent contractors, and other agents of MFS touch my feet and or body in the services being provided. At any time should I not wish to be touched, I will inform MFS and discontinue service. I understand that draping may be used as required to only expose the part of my body that I request services or to my comfort level. If at any time during my appointment, I feel uncomfortable or in pain, I will immediately notify someone and or request a modification to the services.

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I acknowledge that MFS may refuse to provide services to any Patron or part of their body with just and reasonable cause. I acknowledge that all minors must be accompanied by a parent or have adult supervision. I acknowledge that MFS makes no warranties or guarantees that the service will revive relief, health, or any medical benefits. MFS is not a medical facility and does not offer medical services. MFS does not contract or accept payment from insurance companies. I acknowledge that all Fees for massages are due prior to departure from MFS. I acknowledge that Timeliness is expected, and in the event that I am late, the appointment may be cut short due to other scheduling and fees will be maintained the same, or I can agree to change my service time to 30 minutes prior to services being rendered. I acknowledge and agree that all Service, Fees, and Pricing provided by MFS are Subject to Change without notice and that all Notices, Legal Disclaimers, Disclosures, are Subject to Change and the User will be provided notice of any changes. I certify that I have scheduled my appointment or purchased services or products from MFS only after reading, understanding, and acknowledging the above Notice and Consent to Service and Terms of Use, having had the opportunity to ask questions prior to services being provided by MFS, and do hereby voluntarily provide informed consent to MFS agreeing to use the MFS Web-Sites and MFS services. I do hereby assume, release, and waive any and all liability, damages, claims of injuries against MFS.

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Medical Disclaimer.

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You hereby acknowledge that nothing contained in our Website shall constitute medical or professional advice and that no professional relationship of any kind is created between you and Marin Family Spa LLC. or our Users. You hereby agree that you shall not make any medical or treatment decision based in whole or in part on anything contained in our Website or Services.

Content Disclaimer.

The opinions expressed on our Website are not necessarily the opinions of Marin Family Spa LLC. Any Blog content provided by our bloggers is of the blogger’s opinion and is not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. We reserve the right to make alterations or deletions to the Content at any time without notice.

Errors, Corrections and Changes Disclaimer.

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services.

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Limited License.

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Marin Family Spa LLC. grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, non-commercial purposes.

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Legal Compliance.

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You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, and Services, provided therein.

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Warranty Disclaimer.

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Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Marin Family Spa LLC. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications. Marin Family Spa LLC. is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or payers on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website or Services, including without limitation any software provided through our Website or Services. Under no circumstances will Marin Family Spa LLC. be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

Marin Family Spa. reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.

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Limitation of Liability.

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Marin Family Spa LLC., as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from the use of the Services or Web-Sites. IN NO EVENT WILL Marin Family Spa LLC. OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF Marin Family Spa LLC. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE AND IN-STORE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Marin Family Spa LLC., INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. Marin Family Spa LLC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MEDICAL RESULTS.

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Marin Family Spa LLC. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY INFORMATION FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BODILY DAMAGES, PHYSICAL DAMAGES, FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Marin Family Spa LLC. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

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Payments.

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You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

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Indemnification.

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You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

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Arbitration.

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Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Rafael, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in San Rafael, California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

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General Terms.

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This Agreement shall be treated as though it were executed and performed in San Rafael, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

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Last Updates June 01, 2019. For any questions please contact us at marinfamilyspa@yahoo.com