TERMS AND CONDITIONS POLICY

Legal Notice

Before you get started with your first massage or gift card payment, please read these Terms and conditions carefully.  By accessing our store, accessing our website (www.qin-massage.com), including, without limitation, any other media form, media channel, media application or mobile website related or connected thereto (collectively, the “Site”), or using any of our products or services, including, without limitation, those products or services described in your Membership Agreement or Guest Form (collectively, the “Services”), you accept and agree to be bound by these Terms. If you do not wish to be bound by these Terms, you may not access the store or use the Site or Services.

We make no representations that the Services made available to you will be available or appropriate in every jurisdiction in which these Terms may be accessed or Services used. To the best of our knowledge, we operate legally under both state and federal law in the United States; however, it is up to you to determine whether your access to the Site or use of the Services are legal where you are. By accessing the Site or purchasing Services, you do so at your own risk and are responsible for compliance with any applicable laws, rules, regulations and treaties. You may only place an order to purchase Services in accordance with the laws of the United States and any applicable international jurisdictions in which you will possess, use or ship any of our products or services. 

 1. ACCEPTANCE 

 1.1 Eligibility. You are eligible to receive Services if (a) you are at least thirteen years of age; (b) you are in good health and have no impairment, injury, disease or ailment preventing you from engaging in the Services, including, without limitation, massage or bodyworks treatments, or which could cause increased risk of injury or adverse health consequences as a result of your participation; (c) you will not use our Services for any fraudulent or illegal purpose, or in any manner that unreasonably interferes with the operation of the massage, the provision of the Services, or the use and enjoyment of services by other Members or Guests; and (d) your use of Services will be in compliance with the Agreement. By accepting these Terms, you represent and warrant that you meet our eligibility requirements.

 1.2 Consent to Electronic Signatures. By using Services or clicking any button to indicate your consent to these Terms, you accept and agree to be bound by the Agreement just as if you had agreed with your handwritten signature. When accepted in electronic form, the Agreement and all related documents shall be governed by the United States Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”). By clicking “SUMIT,” “ACCEPT,” “PLACE MY ORDER,” “CONFIRM PURCHASE,” or such similar markings as may designate your acceptance and consent to the Agreement, you are voluntarily submitting a legally binding electronic signature and are entering into a legally binding contract with us. 

 1.3 Modification of the Terms. We may amend these Terms from time to time. Your continued access to or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. 

 2. INFORMED CONSENT

 2.1 Consent to Receive Services. Massage and bodywork treatments use tactile soft tissue manipulation, joint mobilization and/or self-care programs, as determined by our massage therapists, to assess and treat the soft tissue, muscles and joints of the body. By entering into the Agreement, you are providing us with your express written consent to receive the Services, including, without limitations, any massage or bodyworks treatments.

2.2 Your Rights. If at any time during your massage or bodywork treatments you feel uncomfortable or believe your therapist’s words or actions to be inappropriate, you have the right to request an immediate stop to the activity you find objectionable, to end the treatment, or to request a modification of the treatment regardless of any previous consent that you may have previously provided. You understand that your therapist will instruct you to disrobe to your level of comfort and that it is always your choice to act. You should communicate with your therapist about any discomfort that you may experience during a massage or bodywork treatment. You understand that our employees and therapists will treat you respectfully, and you will be expected to treat all Qin Massage employees, therapists and other guests with a similar respect. Our employees and therapists will not tolerate behavior or comments that may be considered threatening, offensive, sexually suggestive, or otherwise inappropriate; this type of behavior is strictly prohibited. Our therapists reserve the right not to treat any client so long as their refusal to treat is lawful and non-discriminatory.

 3. SERVICES

3.1 Services Offered. We offer a variety of massage treatments, including, without limitation, Swedish-inspired massage, energy-balancing massage and sports-inspired massage. In addition to massage and bodywork treatments, we also offer a variety of enhancements such as deep tissue, calm balm, herbal heat therapy, scalp renewal, gua sha, prenatal glow and fresh eyes. We reserve the right to change our Services at any time, with or without notice, including, without limitation, the type of massage, bodywork treatments or enhancements offered, the price for Services, the availability of the Site or certain therapists, the times for available bookings, our vendor relationships or the store's normal hours of operation.

3.2 Guests. If you purchase and receive Services from us outside of a specific membership package, then we consider you a “Guest.” All Services provided to Guests are subject to these Terms. As a Guest, Services cannot be assigned or transferred to someone else without our express written consent. Guests who enter the store may be required to sign in at the front desk, provide a valid form of identification and comply with all store Rules (as defined below), and sign a Guest Form.

3.3 Minor’s Use. If you are under the age of 13, we will permit the minor to receive Services provided the minor’s parent or legal guardian (a) enters into the Agreement on the minor’s behalf, and (b) takes responsibility for all billing on the minor’s account. Both the minor and the minor’s parent or legal guardian will be responsible for compliance with the Agreement including, without limitation, these Terms and any other store Rules. A same-gender therapist will be assigned to Services provided to a minor and we may (in our sole discretion) require that the minor’s parent or legal guardian remain present at all time during the treatment.

3.4 How to Book and Cancel a Treatment Booking a massage or bodywork treatment is easy. You can call us or tell us in person (at the front desk of the store). You can cancel a booked massage or bodywork treatment through the same designated channels. Please note that we have a 12-hour window for cancelling a booked massage or bodywork treatment (see, Late Cancel policy).

 3.5 No Show + Late Arrival Policy. If you schedule a massage or bodywork treatment and you either (a) fail to show; or (b) arrive more than 15 minutes after the scheduled start time, you permit us to charge you the full value for the treatment (i.e., 100% of the treatment price). To maximize the benefit of your scheduled treatment, we recommend that you arrive 10 to 15 minutes early to permit ample time to get checked in and prepare for the treatment. We do not provide refunds on treatments that you miss or for which you show up late. 

 3.6 Late Cancel Policy. As a courtesy to you and other Members and Guests, we strive to start all massage or bodyworks treatments at their scheduled times. If you must cancel a scheduled treatment, we require that you provide us with at least 12 hours of advance notice.  We do not provide refunds for treatments that you fail to properly cancel. 

3.7 Loss of Property.  Members and Guests are encouraged to leave valuables at home. If you bring valuables into the store or onto our premises (including the parking lot), we shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items belonging to you or your guests.

3.8 Quiet Environment. As a courtesy to other Members and Guests, please maintain a quiet level of conversation. Cell phones and other mobile devices must be turned off or put on silent upon check-in.

 4. REFUND OR CHARGEBACK

 We do not accept refund requests of any kind and chargeback once services have been delivered or gift cards have been purchased. 

 5.SUSPENSION AND TERMINATION

 We reserve the right to immediate suspend or terminate Services for any reason not expressly prohibited by law. 

 6. PAYMENT TERMS

6.1 Payment Method. You must provide a current, valid and accepted method of payment. Accepted payment methods include cash, credit cards and debit cards (including MasterCard, Visa and Discover). All fees and other charges owed will be charged to the payment method on file. Unless otherwise posted, all prices are quoted in U.S. dollars, and we only accept payment in U.S. dollars. 

 6.2 Payment Authorization. You expressly authorize Qin Massage entity listed in your E-Gift Card Agreement or Guest Form (which, for purposes of this payment authorization, shall also include our authorized third-party payment service providers) to seek payment of all fees, charges or other amounts due under the Agreement on or after each payment due date by charging the credit card on file. You understand that a charge may not immediately post to the card. If you have provided multiple payment cards to us, and in the event a payment that we attempt to collect fails, you authorize us to attempt to collect the payment by initiating one or more payment attempts to any additional payment cards that you have provided to us.

In the event we make an error in processing a charge, you authorize us to initiate a credit or debit to the card on file to correct the error. If you inadvertently transpose a digit or make a similar error in providing us with information about a payment method, you authorize us to correct the error after verifying the information with you. You understand that your financial institution may charge you a fee in addition to any service charge you may owe us if any payment authorized above is dishonored or returned unpaid, and you agree that we will have no liability regarding such fees.

You may revoke this payment authorization in person at the store, by calling the phone number, by sending us an email, or by mailing a letter to the contact information listed or Guest Form with enough notice to give us a reasonable opportunity (typically three business days) to act on your request. 

 6.3 Default. Should you default on any payment obligation as called for in the Agreement, we will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs and attorneys’ fees. A default occurs when any payment due under the Agreement is past due for more than 60 days. We reserve the right to suspend Services if a scheduled invoice is not paid, and you consent that such a suspension of Services is reasonable. This provision is subject to, and shall be superseded by, any applicable local, state or federal laws. 

7.  DISCLAIMERS; LIMITATION OF LIABILITY

THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, SALABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS AS TO THE OPERATION OR AVAILABILITY OF THE SITE OR THE IMPORTATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. WE, FRANCHISOR, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICE, AND YOUR ACCESS OR USE THEREOF.

WE DO NOT GUARANTEE THE QUALITY OF THE INFORMATION OR ANY MATERIAL PURCHASED OR ACQUIRED BY YOU ON THE SITE IS ACCURATE OR MEETS YOUR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR- FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We do not warrant,
endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third- party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. WE AND FRANCHISOR SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, ANY ORDER OR THE FULFILLMENT OR NON-FULFILLMENT THEREOF, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR SERVICES.

TO THE EXTENT THAT A STATE OR DISTRICT DOES NOT PERMIT THE EXCLUSION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES OR DISTRICTS. Notwithstanding anything to the contrary contained herein, our liability for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of (a) the amount paid, if any, by you to us for the Services during the period of one (1) month prior to any cause of action arising; or (b) five dollars ($5.00).

8. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS QIN MASSAGE, FRANCHISOR, AND THEIR SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, DISTRIBUTORS, AND VENDORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES, YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

9. GENERAL RELEASE & LIABILITY WAIVER

 All reference to “I” or “me” in the General Release and Liability Waiver below shall refer to you. 

 I hereby give my consent to receive the Services from Qin Massage entity listed in my Membership Agreement or Guest Form, and I acknowledge and agree that I am doing so at my own risk. My health and safety with respect to such Services are my sole responsibility. I acknowledge that my receipt of the Services may result in bodily injury or other harm to me. My decision to receive Services is voluntary, and I know of, understand, and assume any and all the risks associated therewith. 

In exchange for receiving the Services, I, for myself and on behalf of my heirs, executors, administrators and personal representatives, hereby waive, release, discharge and agree to indemnify and hold harmless Qin Massage entity listed in the gift card terms or Guest Form, franchisor, and each of their members, officers, owners, parents, franchisor, subsidiaries, affiliates, independent contractors, employees, consultants, attorneys, personnel, and agents (collectively, “Qin Massage Indemnified Parties”) from and against any and all demands, claims, injuries (including, without limitation, personal injury, illness, disease, or death), legal or administrative proceedings, losses, liabilities, damages, penalties, liens, judgments, costs or expenses whatsoever (including, without limitation, attorneys’ fees and costs), whether direct or indirect, known or unknown, foreseen or unforeseen, whether or not caused by any negligence on the part of any Qin Massage Indemnified Parties (collectively, “Claims”), that may arise on account of or in any way in connection with my receipt of the Services or otherwise on the premises of Qin Massage Indemnified Parties. I acknowledge and understand that this waiver of liability includes any negligence of Qin Massage Indemnified Parties, excluding only intentional wrongdoing, willful misconduct, or any act or omission finally determined by a court of competent jurisdiction to be grossly negligent. I acknowledge and understand that this waiver is intended to be a complete release of any responsibility for personal injuries sustained by me or any guest while in the boutique or on the premises, whether using services, products, or equipment, or receiving the Services or not. Further, I, for myself and on behalf of my heirs, executors, administrators and personal representatives, hereby agree to indemnify and hold Qin Massage Indemnified Parties harmless from and against any and all Claims that may arise on account of or in any way in connection with any injuries (including, without limitation, personal injury, illness, disease, or death) to other persons, or any damage to property, in any way caused by or attributable to me, whether negligent, intentional, or otherwise.

I acknowledge and understand that this waiver of liability covers and includes any transmission of, or exposure to, any contagious disease during the Services or otherwise while in the store or on the premises, even as a result of negligence on the part of Qin Massage Indemnified Parties. This includes, without limitation, COVID-19. I understand that the Services are provided for the basic purpose of relaxation, stress reduction, and relief of muscular tension. I further understand that massage and bodywork treatments should not be considered a substitute for medical examination, diagnosis or treatment, and that I should see a physician, chiropractor, or other qualified medical specialist for any medical condition or physical ailments. Because massage and bodywork treatments should not be done under certain medical conditions, I affirm that I have stated all my known medical conditions in writing and have answered all questions asked of me in writing or orally honestly and completely. I agree to keep Qin Massage entity listed in Guest Form, and my massage therapist, updated as to any changes in my medical profile, and I understand and agree that there will be no liability on the part of Qin Massage Indemnified Parties providing the Services should I fail to do so.

10. GENERAL

 10.1 Privacy.  This privacy policy (“Privacy Policy” or “Policy”) describes how Qin Massage (“Company” or “Qin Massage” or “us” or “we” or “our”) collects, stores, and uses personal information about you when you visit our website qin-massage.com (the “Site”), use services supplied by or on behalf of us, or purchase our products (collectively, “Services”). In this Privacy Policy, “you” means any person who visits our Site, uses our Services, communicates with us on the phone, by email, or text, or visits our U.S. locations. This Privacy Policy is provided to explain how information, including personal information, is collected, stored, used, and disclosed. 

Qin Massage reserves the right in its sole discretion to amend this Privacy Policy at any time. Your continued use of the Services and the Site after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates. This Privacy Policy applies to all our other websites that post this Privacy Policy. This Policy does not address the privacy or information collection, use, disclosure and/or retention practices of any third-party entities. Please review any applicable third-party entity’s privacy policy for more information regarding such third-party entity’s own privacy or information practices. Company has no liability with respect to the use or misuse of personal information by such third-party entities or any failure to comply with such third-party entities’ privacy policies. If you choose to use our Site or Services, your use and any dispute over privacy is subject to this Privacy Policy and our Terms and Conditions, including limitations on damages, resolution of disputes and application of the law of the state of California. By accessing our Site or using our Services, you confirm that you have read and accepted the terms of this Privacy Policy.

We respect your privacy and take privacy-related matters seriously. We take the security of your personal information seriously and use reasonable electronic, personnel and physical measures to protect information from loss, theft, alteration, or misuse.  However, in general, information transmitted through the Internet may not be perfectly secure, and we are unable to guarantee the security of your personal information.  Please be advised that even the best security measures cannot fully eliminate all risks.  We cannot guarantee that only authorized persons will access your information. We are not responsible for third-party circumvention of any privacy settings or security measures.

Wherever we or a trusted third-party service collects sensitive information (such as credit card data), that information is encrypted and transmitted in a secure way.  You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for “https” at the beginning of the website address, also known as a URL, of the web page.  When you make a purchase at our store with a credit card, our payment processor stores your credit card data, ensuring that it is encrypted through PCI-DSS, then deletes the transaction information as soon as it is no longer necessary.  We will never transmit sensitive financial information by email.

 10.2 Force Majeure. We shall be excused from the performance of any of our obligations under this Agreement so long as we are prevented by any Act of God, epidemic or pandemic, weather conditions, war or other national emergency, act of terrorism, any civil disturbance, labor disruption, unavailability of materials or transportation facilities, the orders or directives of any court or government agency, or any other circumstance beyond our control.

 10.3 Entire Agreement.  The Agreement, including all exhibits, attachments or schedules, and all store Rules, as revised from time to time, constitutes the entire and exclusive agreement between you and us, and supersedes all prior promises, representations, understandings and/or agreements relating to your membership and/or our provision of Services.

 10.4 Modification.  Except as expressly stated herein, this Agreement cannot be altered, amended, modified, terminated, waived, released or discharged except in a writing signed by an officer of Qin Massage entity listed in the gift card terms or Guest Form, and no change, modification or revision to this Agreement is binding unless agreed to in a writing by an officer of Qin Massage entity listed in the gift card terms or Guest Form.

 10.5 Non-Waiver.  Failure or delay by any party hereto to enforce any of the provisions of this Agreement or any rights with respect hereto, or the failure to exercise any option provided hereunder, will in no way be considered to be a waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement.

 10.6 Cumulative Remedies.   Our rights and remedies under this Agreement are cumulative with and in addition to any other rights and remedies provided by applicable law.