INDEPENDENTLY OWNED AND OPERATED LOCATIONS
EACH MASSAGE ENVY® LOCATION IS INDEPENDENTLY OWNED AND OPERATED AND MEMBERSHIP AGREEMENTS AND WELLNESS AGREEMENTS ARE WITH THE PERSON OR ENTITY THAT OWNS THE FRANCHISED LOCATION (REFERRED TO IN THESE TERMS AS THE “FRANCHISEE”).
MASSAGE ENVY FRANCHISING, LLC, THE FRANCHISOR (“MEF”) IS NOT A PARTY TO ANY MEMBERSHIP AGREEMENTS. AT NO TIME SHALL YOU HAVE A RIGHT TO, NOR SHALL YOU, ASSERT OR BRING ANY CLAIM, DEMAND, OR LEGAL ACTION AGAINST MEF OR ANY OF ITS AFFILIATES RELATING TO YOUR MEMBERSHIP OR WELLNESS AGREEMENT OR THE SERVICES PROVIDED UNDER THE AGREEMENT. NEITHER MEF NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR (i) ANY OBLIGATIONS OR LIABILITIES RELATING TO OR ARISING FROM YOUR MEMBERSHIP AGREEMENT; (ii) ANY CLAIM BASED ON, IN RESPECT OF, OR BY REASON OF THE RELATIONSHIP BETWEEN YOU AND US; OR (iii) ANY CLAIM BASED UPON ANY ALLEGED UNLAWFUL ACT OR OMISSION BY THE FRANCHISEE OR ANY INDEPENDENTLY OWNED AND OPERATED MASSAGE ENVY® LOCATION.
MEMBERSHIP PRICE CHANGES
Following the initial term of your membership or Wellness Agreement, the Franchisee will give you 30 days advance written notice of any increase in the monthly payment (or membership dues) under your membership or Wellness agreement.
SERVICE DETAILS AND REQUIREMENTS
To the best of the Franchisee’s knowledge, only professional massage therapists and estheticians who comply with state, city, and/or local licensing or certification requirements are hired by the Franchisee. Ask the franchised location if you would like to see a particular massage therapist’s or esthetician’s license or certification. You understand that the services the Franchisee provides 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 the franchised location 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 used 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 service at any time). If the therapist or esthetician is unable to relieve your discomfort after you request an 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 the attention of the franchised location rendering the service immediately following your service. Inappropriate or illegal conduct will not be tolerated in any manner. The Franchisee may, in its sole discretion, refuse or discontinue a service if it determines such service may be unsafe or cause discomfort for you or if you engage in any inappropriate conduct as determined by the Franchisee in its sole discretion.
OTHER TERMS AND CONDITIONS
The Franchisee reserves 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. The Franchisee reserves 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 the Franchisee with current, accurate, complete, and updated information including your name, address, telephone number, and applicable payment data. You agree to notify the Franchisee promptly of any changes in your information, including your payment data.
The Franchisee may delay enforcing any of its rights without losing them. The Franchisee can enforce the membership or Wellness agreement against your heirs and legal representatives, and may assign or transfer such agreement or any rights under it without notice to you, except as otherwise required by law. Your rights or obligations under the membership or Wellness Agreement cannot be assigned by you to anyone else without the Franchisee’s prior written consent. In the event of the Franchisee’s closure of their independently owned and operated franchised location, you will be directed to another Massage Envy® franchise. The invalidity or unenforceability of any provision of your membership or Wellness Agreement shall not affect the validity or enforceability of any other provision of the agreement, which shall remain in full force and effect. You understand and agree that your membership or Wellness Agreement does not grant you the privilege of exclusive or preferred access to the Franchisee’s location or any other Massage Envy® location or to any service offered at any other Massage Envy® location. You or any other individual may obtain access to and purchase any and all services offered by the Franchisee or at any Massage Envy® location without entering into an agreement, and you understand that your membership or Wellness Agreement only entitles you to the benefits set forth therein.
THESE TERMS AND CONDITIONS MAY BE MODIFIED AND APPLY AT EACH VISIT TO ANY INDEPENDENTLY OWNED AND OPERATED MASSAGE ENVY® FRANCHISED LOCATION.