558 Center Street Moraga, CA 94556

(925) 376-3689

The words “you” and “your” mean the Member listed above (and the Buyer signing below with respect to payment) The words we, our, and us refer toInspiriting Hands LLC d/b/a Massage Envy Lamorinda (hereafter "Massage Envy Lamorinda"), an independently owned and operated Massage Envy® franchise. This contract is between you and us. Neither ME SPE Franchising, LLC, nor any of its past, present, or future affiliates, managers, or subsidiaries and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives (all of the foregoing hereafter collectively referred to as "MEF") is a party to your Wellness Agreement or the Wellness Program. You understand and agree that neither MEF nor any of its affiliates are responsible for any acts or omissions related in any way to this Agreement or the services provided to you under this Agreement. At our sole discretion, we may change any terms or conditions of this Agreement or the features, services, or benefits provided under this Agreement or the Wellness Program. We will notify you, at the email or other address you provide in this Agreement or any updated address you subsequently provide, at least 45 days in advance of such changes becoming effective.

Wellness Benefits

You are entitled to the Wellness Benefits on the terms and conditions described below

• One 60-minute Wellness Massage, Total Body Stretch or Healthy Skin Facial session monthly.
• Additional 60-minute Wellness Massage, Total Body Stretch or Healthy Skin Facial sessions at a discounted member rate.
• Discounts on other additional services and specified retail products. For services such as Microderm Infusion, Chemical Peel, or other advanced skin care services you may use a specific quantity of accrued but unused Wellness Benefits for payment of services.

Additional Benefit Details

Session Length: All sessions include up to a total of 10 minutes for client consultation and dressing, which occurs both pre and post service.

Cancel/Reschedule Sessions: You may cancel or reschedule an appointment with no charge by giving us notice no less than 24 hours preceding your appointment. Same day cancellations or appointment may be charged at 50% of the scheduled service price or half of one accrued but unused monthly session. If you do not call to cancel and do not show up for a scheduled appointment, you may be charged the full-service price at the rate specified in this Agreement or one full
accrued but unused session.

National Reciprocity: While you are an active member, you may use your Wellness Benefits at any nationwide Massage Envy® independently owned and operated location; however, prices and services offered at each location may vary and may require additional payments. You are an active member if you have timely made all monthly Wellness Agreement payments, we have not terminated or suspended this Agreement, and you h ave not cancelled or frozen this Agreement.

Transfer Services: While you are an active member, you can transfer one accrued but unused Wellness Massage, Total Body Stretch or Healthy Skin Facial each month to another person by paying a $10 transfer fee. You may transfer only one accrued but unused Wellness Massage, Total Body Stretch or Healthy Skin Facial to the same person during a (6) month period.

 

Payment Terms

Initial Term: Your Wellness Agreement Initial Term begins on:

and ends one month thereafter. Your Wellness 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.

Enrollment Fee: Your enrollment fee of $ 65 is waived if Agreement is honored for 12 consecutive months. If the contract is cancelled less than 12 months from the date of signing the enrollment fee will be charged at the time of cancellation.

Payment

Cancellation/Use and Accrual of Wellness Benefits

During the Initial Term, you may cancel this Agreement without paying the initiation fee if : (a) you provide written proof (e.g., executed mortgage or rental agreement, utility bill, carr insurance) that you have moved more than 25 miles from your residence on the date you signed this Agreement and such relocation also puts you more than 25 miles away from any Massage Envy location; or (b) you provide a written statement from your medical provider certifying that you are unable to recieve massages for medical reasons; or (c) other extenuating circumstances exist that we decide in our sole discretion permit you to cancel during the Initial Term.

After the Initial Term, you may cancel this Agreement at anytime upon written notice as provided herein. All cancellation requests must be submitted in writing to us at the above address or by email at clinic0699@massageenvy.com and will become effective ten (10) days after the cancellation request is received by us. Any payments due under this Agreement prior to the cancella- tion effective date will be charged by us as scheduled. Some state laws may provide you with additional cancellation rights.

Accrual of Wellness Benefits: If you pay in full prior to or at the time of signing of this Agreement, you will be able to redeem all Wellness Benefits immediately. If you pay on a monthly basis, your Wellness Benefits will accrue monthly and may be used after each monthly payment is received provided you are an active member.

 

Use of Accrued but Unused Wellness Benefits:If your Agreement is not renewed, is cancelled, or is terminatefor any reason(other than for any inappropriate conduct by you), you will have a 60-daperioafter such nonrenewal, cancellation, or termi- natioto redeem any accrued but unused Wellness Benefits.

UPON EXPIRATIONOF THE SIXTY (60) DAY CANCELLATION OR TERMINATION, ALL UNUSED WELLNESS BENEFITS SHALL EXPIRE AND YOU WILL NO LONGER HAVE THE RIGHT TO USE ANY ACCRUED BUT UNUSED WELLNESS BENEFITS. YOU ACKNOWLEGE AND AGREE THAT YOU HAVE NO RIGHT TO RECEIVE ANY REFUNDS OR CREDITS OF ANY KIND UNDER ANY CIRCUMSTANCES FOR ANY UNUSED WELLNESS BENEFITS, INCLUDING WITHOUT LIMITATION ANY UNUSED MASSAGES.

We may, in our sole discretion, extend the time period for you to redeem accrued but unused Wellness Benefits, but we are not obligated to do so. Any such extension mubst be in writing signed by you and us.

To the best of our knowledge, only professional massage therapists 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 therapist’s or esthetician’s license or certification. Stretch services may be provided by massage therapists or, if your state and local law permit, certified personal trainers. 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. You should consider consulting your physician before participating in any massage, skin care, stretch service, or stretching regimen. 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 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 our attention immediately following your service. 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 a 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 updated 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 Agreement cannot be assigned by you to anyone else without our prior written consent. In the event of our closure, you will be directed to another Massage Envy® franchise. 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 our or any other Massage Envy® location or to any service offered at our or any other Massage Envy® location. You or any other individual may obtain access to and purchase any and all services offered by us or at any Massage Envy® location 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 THE TIME YOU SIGN 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 WITHIN THE THREE-DAY PERIOD, YOU ARE ENTITILED 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 REQUESTED, TO US. IF YOU DO NOT CANCEL WITHIN THE THREE-DAY PERIOD, YOU SHALL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT INCLUDING 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 the terms. You understand we may continue to automatically charge your card or terminate this Agreement in accordance with its terms. Additionally, you authorize us to automatically charge your card in lieu of presenting it for any services recieved.

Assumption of Risk, Release, Waiver of Liability, and Indemnification

By signing below, you understand, acknowledge, agree and hereby voluntarily accept all risk and responsibility associated with the services provided and use of any of the facilities at any Massage Envy® 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), MEF, MEF’s affiliates, and any other Massage Envy® location you may visit, 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; (3) your presence on the premises of any Massage Envy® location; and/or (4) any negligence on our part (including our employees) or on the part of any other Massage Envy® franchise. 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 PROVISIONS BEFORE SIGNING, ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO THESE PROVISIONS IS GIVEN IN EXCHANGE FOR OUR RENDERING OF SERVICES, AND AGREE THAT THESE PROVISIONS APPLY AT EACH VISIT TO ANY MASSAGE ENVY® LOCATION. YOU ACKNOWLEDGE AND AGREE THAT EACH MASSAGE ENVY® LOCATION IS INDEPENDENTLY OWNED AND OPERATED AND YOUR AGREEMENT IS WITH US AND NOT WITH MEF OR ANY OF ITS AFFILIATES. YOU UNDERSTAND AND AGREE THAT OUR THERAPISTS AND ESTHETICIANS ARE OUR EMPLOYEES AND ARE NOT EMPLOYED BY AND ARE NOT EMPLOYEES OF MEF OR ANY OF ITS AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT 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 THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER MEF NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR (i) ANY OBLIGATIONS OR LIABILITIES RELATING TO OR ARISING FROM THIS 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 US OR ANY OTHER MASSAGE ENVY® LOCATION

©2019 Massage Envy Franchising, LLC | ME-VDPT-0023-V3