For and in consideration of Chattanooga Ayurveda, LLC dba Perimenopause Massage Therapy & Ayurveda (“Company”) allowing me (the client whose name appears in the signature block below) (“me”, ”I”) to receive any product or service, or participate in any other wellness-related event, class or activity, provided by, through, or in collaboration with Company, I (for myself and my personal representatives, assigns, heirs, and next of kin) hereby acknowledge and agree as follows:
- EFFECTIVE DATE; TERMINATION. This Terms of Service agreement (“Agreement”) is a legally binding agreement between me and Company, is effective as of the signature date below, and governs my participation in any service or other wellness-related event, class or activity, and my receipt and use of any product, provided by, though, or in collaboration with Company (each a “Service” and collectively, the “Services”). Company may terminate or amend this Agreement at any time and for any reason, with no advance notice to me.
- SERVICES. At any time and for any reason, Company may change the therapist(s) and other representative(s) assigned to any Service(s), update its list of Services, or cancel, change, or terminate any Service(s). Company has no obligation to allow me to participate in or receive any Service.
- FEES AND PAYMENT. In advance of registering for/scheduling any Service, I will be notified of the fee(s), terms of payment, accepted forms of payment, and cancellation/refund policy, for such Service. By registering for/scheduling any Service, I consent to the Service and agree to its fee(s), terms of payment, accepted forms of payment, and cancellation/refund policy. Company may change its fees, terms of payment, accepted forms of payment, and cancellation/refund policies at any time and for any reason. Company will notify me if I have an appointment that will be affected by any such change.
- RECORDINGS. I may take written notes during any Service. However, without Company’s prior written consent, I am, and others acting on my behalf are, prohibited from recording (digitally, electronically, or otherwise) any Service. I understand that some Service activities are open to the public (“Public Activity”) and may be photographed, videotaped, webcast, or otherwise recorded and broadcast, and that anything I say or submit as a result of my participation in a Public Activity may be recorded, broadcast, and posted online indefinitely. Company will notify me in advance of any such recording and allow me, at Company’s option, to participate in the Public Activity without being recorded or receive a refund/discount for amounts paid/due for the Public Activity. The recordings will be the property of Company, will not be considered part of my record, and may be deleted by Company at any time. I hereby irrevocably grant to Company the unrestricted, non-exclusive, and assignable right to use my name, photograph, image, likeness, voice, and biographical information obtained as a result of my participation in any Public Activity, for purposes of advertising, trade, publicity, education, or any other reasonable purpose, and in any manner, medium, or forum, anywhere, in perpetuity, without compensation or prior notice to me.
- INTELLECTUAL PROPERTY. Company (and its licensors, where applicable) shall own all rights, title, and interest in and to each Service, its content, including software, audio, video, text and photographs (“Content”), and any suggestions, ideas, enhancements, requests, feedback, recommendations, or other information provided by me or any third party, relating to the Service(s) or Content. Any use of the Content, including distribution, reproduction, modification, display, or transmission, without the prior written consent of Company, is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
- DISCLAIMER. COMPANY MAKES NO PROMISE OF BENEFITS, CLAIM OF CURE, OR GUARANTEE OF RESULTS TO BE ACHIEVED IN CONNECTION WITH ANY SERVICE(S). I WILL NOT DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY SERVICE(S). I WILL CONSULT MY DOCTOR BEFORE ALTERING OR DISCONTINUING ANY MEDICATION, TREATMENT, OR CARE, OR STARTING ANY DIET, EXERCISE, OR SUPPLEMENTATION PROGRAM, OR IF I HAVE, OR SUSPECT I MAY HAVE, A HEALTH CONDITION THAT REQUIRES MEDICAL ATTENTION. ALL SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
- RELEASE AND WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY RELEASE FROM LIABILITY AND WAIVE MY RIGHT TO SUE COMPANY AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, REPRESENTATIVES, CONTRACTORS AND INSURERS (“RELEASED PARTIES”) FOR ANY AND ALL CLAIMS, ACTIONS, PROCEDURES, COSTS, EXPENSES, DAMAGES, LIABILITIES, AND CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER (KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, AND INCLUDING ATTORNEY’S FEES) (“CLAIMS”), ARISING FROM OR RELATED IN ANY WAY TO ANY SERVICE(S), THIS AGREEMENT, THE SUBJECT MATTER OF THIS AGREEEMENT, AND/OR MY RELATIONSHIP WITH COMPANY. THIS RELEASE AND WAIVER INCLUDES CLAIMS RELATED TO THE NEGLIGENCE, FAULT, OR CONDUCT OF ONE OR MORE OF THE RELEASED PARTIES, AND CLAIMS INVOLVING PHYSICAL INJURY (UP TO AND INCLUDING DEATH), PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, DISABILITY, AND/OR ECONOMIC LOSS. I AM AWARE THAT I MAY DISCOVER FACTS DIFFERENT FROM, OR IN ADDITION TO, THOSE THAT I NOW KNOW OR BELIEVE TO BE TRUE WITH RESPECT TO THE MATTERS RELEASED IN THIS SECTION AND AGREE THE RELEASE GIVEN IN THIS SECTION SHALL BE AND REMAIN IN EFFECT AS A FULL AND COMPLETE RELEASE OF THE CLAIMS, NOTWITHSTANDING ANY SUCH DIFFERENT OR ADDITIONAL FACTS.
If I AM A CALIFORNIA RESIDENT, TO THE FULLEST EXTENT PERMITTED BY LAW, I EXPRESSLY WAIVE THE PROTECTION OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND EXPRESSLY WAIVE AND RELEASE ANY RIGHTS OR BENEFITS THEREUNDER. SECTION 1542 OF THE CALIFORNIA CIVIL CODE STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
- CONSENT TO EMERGENCY CARE. IF I BECOME ILL OR AM INJURED WHILE RECEIVING, OR OTHERWISE IN CONNECTION WITH, THE SERVICE(S), I CONSENT TO ANY AND ALL MEDICAL TREATMENT (INCLUDING CARDIOPULMINARY RESUSCITATION) CONSIDERED NECESSARY OR ADVISABLE BY ANY MEDICAL, EMERGENCY, OR OTHER ATTENDING PERSONNEL, INCLUDING COMPANY PERSONNEL.
- RESOLUTION; JURY TRIAL WAIVER. This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of Tennessee, without giving effect to any conflicts of law principles. Venue for all purposes shall be deemed exclusively to lie in Hamilton County, Tennessee. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY: (A) SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF TENNESSEE AND THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE FOR THE PURPOSE OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SUBJECT MATTER OF THIS AGREEMENT, OR THE RELATIONSHIP BETWEEN THE PARTIES (EACH A “PROCEEDING”); (B) AGREE THAT ALL CLAIMS IN RESPECT OF ANY PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH COURT; (C) WAIVE ANY OBJECTION, CONSTITUTIONAL, STATUTORY OR OTHERWISE, TO THE JURISDICTION OF ANY SUCH COURT OR FROM ANY LEGAL PROCESS THEREIN; (D) AGREE NOT TO COMMENCE ANY PROCEEDING OTHER THAN IN ANY SUCH COURT; (E) WAIVE ANY CLAIM THAT SUCH PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM; AND (F) WAIVE ANY RIGHT YOU MAY HAVE TO A JURY TRIAL. You agree that a final judgment in any Proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any other court to whose jurisdiction you are or may be subject, by suit upon such judgment. You shall not disclose any fact or circumstance concerning any Proceeding to any third party other than counsel and others who are reasonably necessary with respect to any such Proceeding.
- NO THIRD-PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any person who is not a party to this Agreement. Any third party discussed or mentioned during any consultation or other Service provided hereunder, shall not, as a result of the discussion or reference, be considered to be a client or patient of Company. If I share any plan, recommendation, or information provided hereunder with a third party, I agree to advise the third party to consult his/her doctor prior to implementing such plan, recommendation or information.
- POLICIES. I will abide by all of Company’s applicable policies, procedures, rules, and regulations (whether now or hereinafter in effect) (each a “Policy” and collectively, the “Policies”), and agree that if I fail to abide by any such Policy, Company, in its sole and absolute discretion, shall have the right, at any time, to restrict or prohibit my ability to participate in and/or receive, in whole or in part, any Service(s).
- INQUIRIES; NOTICES. I understand I may contact Company through its patient portal or at (423) 218-2349 if I have any question(s) regarding this Agreement or any Service(s) provided by Company, or if I would like to cancel or reschedule an appointment. Except as otherwise provided herein, any notice to Company provided or permitted under this Agreement must be in writing and sent to Company at the address indicated below, or such other address as Company may designate by notice to me:
Jennifer W. Maklan, Director
Perimenopause Massage Therapy & Ayurveda
1405 Cowart Street, Suite 115
Chattanooga, TN 37408
Company may obtain my consent or provide me any notice required or permitted under this Agreement, (a) electronically through Company’s client portal, (b) by email sent to me at the email address provided in the signature block below or such other email address as I may provide to Company, or (c) by written communication sent to me at the physical address provided in the signature block below or such other address as I may provide to Company.
13. CONSENT TO COMMUNICATIONS.
EMAIL CONSENT
By subscribing to our email list, I agree to receive newsletters, updates, special offers, and event information from Company at the email address(es) I provide. I understand that I may unsubscribe from email communications at any time by clicking the “unsubscribe” link found at the bottom of any email.
SMS CONSENT
By providing my mobile phone number and checking the SMS opt-in box on the booking form, I give Company express permission to send me recurring SMS text messages related to appointment updates, customer care, promotions, special offers, and event information. Message frequency may vary. I may opt out at any time by replying STOP to any message, and I may request help by replying HELP. Message and data rates may apply. SMS communications will be sent to the telephone number(s) I provide to Company.
I agree to receive communications from Company, including newsletters, special offers, and event invites. The communications may be sent to the email address(es) and/or telephone number(s) I provide to Company. If I do not wish to receive any such communication, I may opt out by following the unsubscribe option included in the communication.
14. ENTIRE AGREEMENT; CONSTRUCTION; SEVERABILITY. This Agreement constitutes the entire agreement between Company and me, and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. The titles and section headings of this Agreement are provided for convenience only and will not affect the construction or interpretation of this Agreement. The terms “include” and “including” indicate examples of a predicate word or clause and not a limitation on that word or clause. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by Company and me, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provision(s) of this Agreement. If any provision (or portion of a provision) of this Agreement is found to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portion of a provision) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.