TERMS & CONDITIONS
Please read this disclaimer. By BOOKING A SESSION online, Indemnitor agrees with this agreement without further written documentation. Booking your session is your consent that you agree with all of MMC'S policies. Medical Massage Clinic, LLC, is considered a safe space and is welcoming any person of any background, race, gender orientation, sexual preferences, economical demographics, physical/mental abilities and more. Language spoken at MMC is English, Dutch or German.
No supplement or modification of this Agreement shall be made.
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT (the "Agreement") is made as of date by which the clients first appointment is booked online via this website or through text or call with MMC (, Medical Massage Clinic, LLC) directly. The agreement is between Medical Massage Clinic, LLC formerly known as Professional Massage and Esthetics, as the entity receiving indemnity (hereinafter referred to as the "Indemnitee" or "MMC" ), located at 250 East Grand Ave Suite F, Escondido, CA 92025, and client as it appears in the client registry on my client contact list, as the person or entity bound to provide and/or protect the Indemnitee (hereinafter referred to as the "Indemnitor", the pronoun he/him will be applied and is no indication for gender but merely for grammatical purposes), and at times the Indemnitee or Indemnitor may be referred to as the "Party" or may be collectively referred to as the "Parties."
WHEREAS, the Indemnitor desires and wishes to hold harmless and indemnify the Indemnitee
and its successors and assigns from any and all liabilities, losses, claims, judgments, suits, fines,
penalties, demands or expenses, including, but not limited to, all reasonable costs for defense
and investigation thereof (including but not limited to attorney's fees, court costs and expert fees)
claimed by anyone by reason of injury or damage to persons or property sustained in or around Medical Massage Clinic, LLC, obtained during any skin care and or massage and or any listed services Indemnitee is providing, including, BUT NOT LIMITED TO, skin bruising, scaring, scratching, bleeding, broken bones, worsening of known or unknown diseases, loss of pregnancy, loss of life or discoloration as temporary or permanent result of any services received by Indemnitee.
By entering this agreement, Indemnitor states to have fully understood the treatment he was about have prior to the appointment, that Indemnitor had time to ask all his questions and has consulted with a primary care physician PRIOR to the service or opted not to see a physician prior to any service and takes full responsibility for not consulting with the appropriate physician prior to service. As a proximate result of the acts or omissions of the Indemnitee, its agents, successors and assigns or arising out of the operation or actions of the Indemnitee upon or about MMC, concerning, BUT NOT LIMITED TO, any skin bruising, scarring, joint/muscle pain, dis- or subluxation of bones or discoloration or any other medical condition or disease as temporary or permanent result of any services received by Indemnitee. Soreness after medical massages, microdermabrasion, chemical exfoliation and extractions are common and to be expected. Please consult with your primary care physician PRIOR to your service if you have any questions concerning a procedure and if there are any contraindications for your personal situation and medical conditions.
Provided however, that the Indemnitor files a claim with the Indemnitor for damages arising out of
incidents for which the Indemnitee herein agrees to hold Indemnitor harmless, then and in that
event the Indemnitor shall notify Indemnitee of such claim and Indemnitee shall have the right to
settle, compromise, and/or defend the same.
With booking a session, Indemnitor agrees to this cancellation policy. Indemnitor is asked to have the courtesy to cancel 24 hours in advance and don't come in sick or with any other contagious disease and there will be no charge. If he cancels his session after 12pm the day before his appointment, cancel the same day or no show to his appointment he will be charged 100% of the service price. If he comes to his appointment sick and has to be send home, or he leaves before or during the appointment or whose appointment is cut short for any reason, 100% of the service price will be billed. In case that your insurance pays for his services, they don't cover late fee and no-show charges. In that case he is responsible to pay for those missed sessions himself.
Membership terms and conditions:
If indemnitor is not sure if that he can/will be seen every month, please don't buy any plans. The plans give extra discounts for monthly loyalty. Membership plans grant the amount of discounted, prepaid sessions as set forth with each plan description each calendar month, starting at the 1st of each month. Additional sessions within the duration of chosen plan are at full price. Cancel any time, no questions asked. Cancelations will go into affect after the last day of the calendar month in which cancelation was made. Available discounted sessions have to be used until the end of the month and expire with cancelation after the last day of the month in which the cancelation took place. There is a two months waiting period before a client can re-enroll into any plan after plan cancelation, except for plan up- or down grades. Sessions do NOT roll over into the next month. Unused sessions EXPIRE AT THE END OF EACH MONTH. Referral discounts cannot be combined with this offer. Referrals can earn you extra specials or add on's instead. Ask me about available specials for referrals with a monthly plan. Memberships auto-renew until canceled. Text or call with any additional questions prior to buying a plan: 760-871-9425
Late cancelation policy applies. Late cancelations as set forth in the cancelation policy are applied and reduce your available sessions by one.
Available upgrades at no additional charge are: aromatherapy, hemp infused lotion, cupping, massage gun, hand or foot scrub, back facial. Available facials upgrades at an extra charge are: NuFace, Microdermabrasion, Oxygen Infusion, second mask, hand or foot scrub, scalp treatment.
MMC is not trading, selling or otherwise sharing information with any entity without prior written agreement. For example data sharing with doctor, chiropractor etc. Indemnitor is herewith informed that Hipaa compliance and data encryptionto in it's entirety, is not possible for a sole provider. Cost and time requirements to be absolutely Hipaa compliant succeed the means of a sole provider. With booking an appointment Indemnitor is agreeing to this agreement in it's entirety, which means Indemnitor is not holding Idemnitee responsible for any data breaches that may occur from online data storage.
No supplement or modification of this Agreement shall be made. By booking an appointment online Indemnitor agrees with this agreement without further written documentation.
This is the entire agreement between the aforementioned parties. It replaces and supersedes any
and all oral agreements between the parties, as well as any prior writings.
ENFORCEABILITY, SEVERABILITY AND/OR REFORMATION
In the event that any covenant, provision and/or restriction is found by a court of competent
jurisdiction to be unenforceable, such provision shall be modified, rewritten or interpreted to
include as much of its nature and scope as will render it enforceable. In the event it cannot be so
modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and
the remainder of the Agreement shall be enforced as if such provision was not included.
In the event that any court determines that any of the covenants, provisions or restrictions to be
excessive in duration or scope or to be unreasonable or unenforceable under the laws of that
state, it is the intention of the parties that such restriction may be modified or amended by the
court to render it enforceable to the maximum extent permitted by the laws of that state.
REPRESENTATION ON AUTHORITY OF PARTIES/SIGNATORIES:
Each party entering this Agreement, Indemnitee by accepting an appointment by Indemnitor, and Indemnitor by booking an appointment, represents and warrants that s/he is duly authorized and has
legal capacity to execute and deliver this Agreement. Each party represents and warrants to the
other that the execution and delivery of the Agreement and the performance of such party's
obligations hereunder have been duly authorized and that the Agreement is a valid and legal
agreement binding on such party and enforceable in accordance with its terms. Treatments Each treatment is a facilitation of health, healing or beauty. MMC makes no claims to perform any medical treatments. If you have questions of any medical nature please ask your primary care physician or naturopath. MMC gives ideas for home remedies but gives no advice to ad or replace medical treatment.
The validity, construction and performance of this Agreement shall be governed and construed in
accordance with the laws of California applicable to contracts made and to be wholly performed
within such state, without giving effect to any form of conflict of law provisions thereof. The
Federal and State courts located in California shall have sole and exclusive jurisdiction over any
disputes arising under the terms of this Agreement.
JURISDICTION AND VENUE
This Agreement is to be construed pursuant to the current laws of the State of California. In the
event that any dispute shall arise under or in connection with the agreement or related to any
matter which is the subject of the agreement shall be subject to the exclusive jurisdiction of the
state of California, Superior Court San Diego. Plaintiff (Indemnitor) shall cover all legal fees for the defendant, (Indemnitee) no matter the ruling of the court.
WITH BOOKING THROUGH THIS WEBSITE, INDEMNITOR AGREES TO HAVE READ, UNDERSTOOD and ACCEPTED THIS AGREEMENT, WITHOUT FURTHER WRITTEN DOCUMENTATION. BY BOOKING THROUGH THIS SITE AND/OR VIA TEXT OR PHONE, IMDEMNITOR GIVES HIS INFORMED CONSENT. THIS AGREEMENT IS BINDING JUST BY BOOKING YOUR APPOINTMENT ONLINE. THIS AGREEMENT IS POSTED BEFORE THE SCHEDULING LINK AND IS THEREFORE DEEMED SUFFICIENTLY ACCESSIBLE AND INDEMNITEE HAS DONE HER DUE DILIGENCE TO POST THIS AGREEMENT AND TO MAKE THIS AGREEMENT KNOWN. ENTERING IN THIS AGREEMENT IS A BINDING CONTRACT BETWEEN TWO PARTIES.