Initial Term: Your SPA Agreement Initial Term begins and ends on the date indicated below. Your SPA Agreement will thereafter automatically renew and continue on a month-to-month basis until cancelled by you or terminated by us in accordance with the terms of this Agreement.

Payment(s): you've elected to pay for you SPA Agreement:

To the best of our knowledge, only professional massage therapist and estheticians who comply with state, city, and/or local licensing or certification requirements are hired by us. Ask us if you would like to see a particular massage therapists or esthetician’s license or certification. 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 a medical provider for any medical issues you may have. It is your responsibility to inform us of any pre-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 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 services at any time) If the therapist or esthetician is unable to relieve your discomfort after you request and adjustment, you will inform the therapist or esthetician you would like to end the service immediately. If you have any concerns about your therapist or esthetician, you agree to bring it to our attention immediately following your services. 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 delinquent or outstanding balance(s) that has not been paid for any services provided or monthly payments owed. For purposes of identification and billing, you agree to provide us with current, accurate, complete, and update information including your name, address, telephone number, and applicable payment data.
You agree to notify 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 against your heirs and legal representatives. We may assign or transfer this Agreement or any of our rights under it without notice to you, except as otherwise required by law. Your rights or obligations under this Agreements cannot be assigned by you to anyone else without ur prior written consent. In the event of our closure, you will be notified. The invalidity or unenforceability of any provision of this 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 The Mark Spa. You or any other individual may obtain access to and purchase any and all services offered by The Mark Spa without entering into an Agreement, and you understand that this Agreement only entitles you to the benefits set forth herein.

For residents of all U.S. states except California, Maine, and Utah residents: YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THIS TIME YOU SING IT. YOU MAY CANCEL THIS AGREEMENT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD OPERATING DAY AFTER RECEIVING A COPY OF THIS AGREEMENT. IF YOU CANCEL THIS AGREEMENT WITHN THE THREE-DAY PERIOD, YOU ARE ENTITLED TO A FULL REFUND OF YOUR MONEY LESS A FEE EQUAL TO THE VALUE OF ANY SERVICES RECEIVED. IF THE THIRD OPERATING 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 MUST 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 MUST INCLUDE A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION PERSONALLY DELIVERED OR SENT BY REGISTERED MAIL, RETURN RECEIPT REQUEST, TO US. IF YOU DO NOT CANCEL WITHN THE THREE-DAY PERIOD, YOU SHALL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT INCLUIDING 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 you card or terminate this Agreement in accordance with its term. Additionally, you authorize us to automatically charge your card in lieu of presenting it for any services received.

By signing, below, you understand, acknowledge, agree and hereby voluntarily accept all risk and responsibility associated with the services provided and use of The Mark Spa 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), from liability for any injury, claim cause of action, suit, demand, and damages (including, without limitation, personal, bodily, or mental 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 therapist or esthetician of discomfort or pain during or at the end of the service,  and/or (3) any negligence on our part (including our employees) or on the part of The Mark Spa location. You 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 PROVISSIONS BEFORE SIGNING, ACKNOWLEDGE AND AGREE THAT YOUR CONSET TO THESE PROVISIONS IS GIVEN IN EXCHANGE FOR OUR RENDERING OF SERVICES, AND AGREE THAT THESE PROVISIONS APPLY AT EACH VISIT TO ANY THE MARK SPA LOCATION. YOU ACKNOWLEDGE AND AGREE THAT EACH THE MARK SPA LOCATION IS INDEPENDENTLY OWNED AND THERAPIST AND ESTHETICIANS ARE SELF-EMPLOYEES AND ARE NOT EMPLOYEES OF TMS OR ANY OF ITS AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT AT ANY POINT YOU DON’T HAVE THE RIGHT TO, ASSERT OR BRING ANY CLAIM, DEMAND, OR LEGAL ACTION AGAINST TMS OR ANY OF ITS AFFILIATES RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDE UNDER AGREEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER TMS NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILY FOR (I) ANY OBLIGATIONS OR LIABILITIES RELATING TO OR ARISING FROM THIS AGREEMENT, (II) ANY CLAIM BASED ON, IN ACT OR OMISSION BY US OR ANY OTHER THE MARK SPA LOCATION.

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