Introduction
Welcome to The Luxurious Massage & Spa, where we provide a range of services including Massage Therapy, Skincare Treatment & Facials, Body Treatments, Waxing Hair Removal, and Enhancements (add-ons). Our brand is about a luxury treatment that guests will receive from the moment they get in until they leave, with dedicated and highly skilled providers.
These Terms & Conditions (T&C) govern your use of our services and establish the legal relationship between you and The Luxurious Massage & Spa. By accessing or using our services, you agree to comply with and be bound by these T&C. Please read them carefully and consult with a legal professional if you have any questions.
Term Definitions
- "Services": Refers to the various offerings provided by The Luxurious Massage & Spa, including but not limited to Massage Therapy, Skincare Treatment & Facials, Body Treatments, Waxing Hair Removal, and Enhancements (add-ons).
- "We," "Us," "Our": Refers to The Luxurious Massage & Spa, its employees, agents, and representatives.
- "Client," "You," "Your": Refers to the individual accessing or using our services, or the entity on behalf of which an individual is accessing or using the services, as applicable.
- "TDLR": Refers to the Texas Department of Licensing and Regulations, the governing body that oversees the licensing and regulation of various professions, including massage therapists, cosmetologists, and estheticians in the state of Texas.
- "Unethical Practices": Refers to any practices defined as unethical by the TDLR, as outlined in the provided link.
- "Intellectual Property": Refers to all intellectual property rights, including but not limited to trademarks, copyrights, logos, and any other proprietary rights associated with The Luxurious Massage & Spa.
- "Data Protection": Refers to the secure handling, storage, and sharing of personal and financial information in compliance with applicable laws and regulations.
- "Dispute Resolution": Refers to the process of resolving disagreements between the client and The Luxurious Massage & Spa, including negotiation, arbitration, or litigation as outlined in these
Services Offered:
- Massage Therapy
- Skincare Treatment & Facials
- Body Treatments
- Waxing Hair Removal
- Enhancements (add-ons)
Specific Limitations or Restrictions on Services:
At our establishment, we strictly adhere to the scope of practice outlined by the Texas Department of Licensing and Regulations for licensed massage therapists, cosmetologists, and estheticians. Our services align with these guidelines to prioritize the safety and well-being of our clients. We actively address contraindications that may pose a risk.
Unethical Practices:
To maintain ethical standards, we strictly prohibit any practices defined as unethical by the Texas Department of Licensing and Regulations. For more details, please refer to the following link: TDLR Unethical Practices
Sexual Misconduct Policy:
We have a zero-tolerance policy for any form of sexual misconduct as defined by the Texas Department of Licensing and Regulations. For more information, please visit the following link: TDLR Sexual Misconduct Policy
Appointment Requirements:
To ensure smooth service delivery, we kindly request that all clients complete the necessary intake forms and contracts before the scheduled appointment. Failure to do so may result in the refusal of reserved appointments and forfeiture of the deposit.
Pricing and Payment Terms:
Pricing Structure: Fixed pricing.
Accepted Payment Methods: We accept major credit cards (Visa, MasterCard, Amex, etc.), as well as Cash, Venmo, Paypal, Zelle, etc.
Discounts and Special Offers: Introductory offers, Membership discounts, Package Discounts, Series Discounts, and Seasonal Discounts.
Gratuity or donations from clients are appreciated but not obligatory.
Secure Storage of Online Payment Information:
We prioritize the protection and confidentiality of your financial information. Your payment information is securely encrypted and stored by trusted credit card processing providers. We adhere strictly to industry standards to ensure data safety. Please note that we do not have direct access to your credit card information once it is saved on your profile.
Security Measures: We provide rigorous training to our staff regarding data privacy and security. They are strictly instructed not to write down or store sensitive information in an easily accessible or visible manner.
Secure Communication: We will never request sensitive information through insecure channels such as emails, text messages, or social media platforms. Please refrain from sending any personal or financial information through these channels.
Payment Agreement: By making a payment, clients affirm that the payment information provided is either their own or that they have been explicitly authorized by the owner of that payment information to use it for this transaction.
Fraudulent Chargebacks and Recovery of Damages: In cases of fraudulent chargebacks, necessary actions will be taken to recover all damages, including the original invoiced amount for the services, associated fees, and an additional 10% annually to the outstanding balance. Failure to make payment may result in the involvement of a collections agency.
Reporting Fraudulent Activity: Fraudulent chargebacks will be reported to the appropriate law enforcement authorities. Clients acknowledge and accept these terms to ensure a secure and trustworthy transaction environment.
Unauthorized Charges: If you suspect any unauthorized charge on your credit card linked to our business, please notify us immediately for a prompt investigation. If the charge is determined to be unauthorized, a full refund will be expedited.
We prioritize the security and integrity of your financial transactions and appreciate your trust in us.
Refunds and Cancellation Policy:
Please visit our website at www.theluxuriousspa.com/cancellation-and-refund-policy for detailed information regarding our policy on cancellations and refunds.
Client Health and Safety Requirements:
Our business is obligated to adhere to the health and safety standards for Estheticians as defined by TDLR. For more information, please refer to this link: TDLR health and safety standards for Estheticians
Additionally, we are required to meet the sanitation standards for massage establishments as defined by TDLR. Please refer to this link for more details: TDLR sanitation standards for massage establishments
Client Responsibilities:
The client is obliged to disclose any allergies, skin sensitivities, medical conditions, and any health-related information that may increase the risk of injury or serious allergic reactions. This information should be provided in consultation or intake forms. It is important to inform our staff promptly if any information needs to be updated, even if it indirectly affects the services received. This includes but is not limited to conditions such as pregnancy and diabetes.
For confidentiality and Data Protection, please refer to our Privacy Policy at privacy policy.
Storage and Protection of Client Information:
In compliance with data protection laws, we prioritize the secure storage of client information. As required by TDLR regulations, we may store your data for a minimum of two years. For more details regarding storage requirements, please refer to the following link: link
All confidential data, including health and medical history collected through online and physical forms, will be treated with the utmost confidentiality. Such information will only be shared with service providers to address contraindications.
Third-Party Sharing of Information: By using our services, clients explicitly consent to the sharing of data with our organization and affiliated third-party partners. These partners help facilitate our services, which may include scheduling software solutions, payment processing tools, mobile platform services, and social media platforms. However, we will not share data with any third-party marketing agency or unrelated businesses, beyond the scope agreed upon by clients.
We are committed to protecting client data with cutting-edge technology, employing robust security measures to prevent any breaches or unauthorized access. In the event of any future data-sharing activities, explicit client consent will be sought prior to sharing information with third parties.
Intellectual Property:
By utilizing our services, clients acknowledge and agree that we may capture images, videos, or audio recordings. Prior to utilizing them for marketing purposes, explicit verbal or written consent will be obtained from clients. All media obtained will be strictly used for marketing and promotional purposes only.
All content associated with our brand, including the theme of deep purple and lavender shades and our logo, is protected by intellectual property laws.
Use of Stock Photos in Marketing: Certain images employed in our marketing materials are stock photos. These images are professionally captured and made available for commercial use through various online platforms. While we do not own these photos, we have acquired the right to utilize them in our marketing endeavors by purchasing licenses from their respective platforms. It is important to note that the individuals, locations, or products depicted in these photos are utilized solely for illustrative purposes and may not directly represent our services or clients.
Client Data Rights
When you use our services, as our valued client, you are entitled to certain rights regarding your personal data. You have the right to access and obtain a copy of the personal information we have about you. If any of the information is incorrect, you can request its correction. Additionally, you have the right to object to the processing of your data or request its deletion, subject to any legal obligations we may have to retain certain data. If you believe that your rights under data protection laws have been infringed, you have the right to lodge a complaint with the relevant supervisory authority.
If at any point you wish to withdraw your consent for data processing or want to exercise any of these rights, please contact us at our designated email address. Kindly note that depending on the nature of your request, certain services may be affected. We are committed to fulfilling your request within 10 business days unless legal requirements dictate otherwise.
To request the deletion of your data, please send an email to info@theluxuriousspa.com
Code of Conduct for Clients:
We kindly request all clients to promptly notify our service providers to cease services if they feel any discomfort, for any reason. Please inform our spa concierge to ensure we understand your requests and can provide you with a suitable solution. At our establishment, we strive to create a safe and enjoyable environment for all our valued guests. We have a zero-tolerance policy towards any form of harassment or abuse, including but not limited to mental, verbal, physical, or sexual misconduct toward our dedicated staff members or fellow guests.
In order to maintain a serene and respectful ambiance throughout our facility, we kindly ask all guests to keep conversations at a low volume, so as not to disturb those in neighboring treatment rooms. We greatly appreciate it if clients take responsibility for cleaning up after themselves when utilizing any of the amenities we provide. By doing so, we can ensure a clean and pleasant experience for everyone.
We want to emphasize that we reserve the right to refuse service to any client who displays inappropriate behavior towards our staff members or other guests. In such cases, we may take appropriate action, which may include permanently barring such clients from our premises, with or without prior notice. Additionally, if necessary, we may involve local law enforcement to ensure the safety and well-being of all individuals within our establishment.
Dispute Resolution:
At our organization, we prioritize transparency and integrity when it comes to resolving disputes. We understand the importance of conducting a thorough internal investigation to ensure all aspects of the issue are considered. Our commitment to fairness and impartiality guides our approach to finding a resolution that satisfies all parties involved.
In the event that the fault lies with us, we are determined to engage in a constructive negotiation process. Our goal is to reach a reasonable settlement that addresses the concerns raised and meets the expectations of our clients. We firmly believe that open communication and cooperation are key to achieving a mutually acceptable resolution.
However, in rare cases where an agreement cannot be reached through negotiation, we have established a framework for arbitration. This process adheres to the terms and conditions outlined in our agreement, providing an unbiased and efficient means of resolving the dispute. Our priority remains focused on finding a fair and equitable solution that respects the rights and interests of all parties.
It is important to note that while we strive for amicable resolutions, there may be instances where litigation becomes necessary. In such cases, we want our clients to understand that they bear the responsibility for any direct or indirect damages incurred, including but not limited to court fees, attorney fees, and any other associated costs. We believe in transparency and want to ensure that our clients are fully informed of the potential outcomes should litigation be pursued.
Our commitment to dispute resolution is rooted in our dedication to maintaining strong and trustworthy relationships with our clients. We value open dialogue, fairness, and a collaborative approach to finding resolutions that protect the interests of all parties involved.
Marketing and Promotions:
To enhance our services and provide a personalized client experience, we may utilize non-medical data provided by our clients. This could include demographic information such as age, gender, and location, as well as preferences and feedback. By analyzing this data, we can tailor our marketing initiatives to better meet your needs and interests.
We understand the importance of privacy and confidentiality. We treat all information with the utmost respect and have implemented robust security measures to protect your data. Should you ever wish to opt out of receiving marketing communications, simply inform us through the provided channels, and we will promptly cease any marketing-related use of your data.
We are committed to delivering exceptional service and ensuring that your experience with us is both valuable and enjoyable. Your trust and satisfaction are our top priorities, and we strive to continuously improve and innovate in order to meet and exceed your
Terms Modifications:
We reserve the right to modify these terms at any time. Your continued use of our services indicates your acceptance of the changes.
Liability Clause:
We strongly advise all clients to conduct thorough research and fully understand all potential adverse events and risks associated with our services.
By accepting our services, clients acknowledge these risks and agree to take responsibility for any adverse outcomes. Except in cases of our explicit negligence, we will not be held liable for any adverse events. Clients have the duty to make informed decisions based on their understanding and acceptance of possible risks and outcomes.
Neither our company, nor any of its directors, employees, partners, or agents, will be liable to you or anyone else for any damages of any kind, including direct, consequential, incidental, special, or indirect damages (including but not limited to lost profits, trading losses, or damages resulting from the use or loss of use of our services), even if we have been advised of the possibility of such damages or losses, including, without limitation, those arising from the use of or reliance on our services.
In no event will our company's total liability to you for all damages, causes of action, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by you, if any, for accessing or using our services.
You agree to indemnify and hold our company and its employees, directors, officers, and agents harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney's fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works, and/or other content that you post or share on or through the site, (iv) your use of our services or any services that the Company may provide via our services, and (v) your conduct in connection with our services or the services or actions of any third party in connection with our services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
We provide a secured locker to each client, and clients are responsible for informing our staff members in case of any issues. We shall not be held responsible for any lost, damaged, or stolen personal belongings during the use of our services. Clients are advised not to bring any valuable or irreplaceable items while utilizing our services and amenities. In the event of loss, theft, or damage, our company shall not be liable or obligated to provide compensation or replacement. It is the client's responsibility to ensure the safety and security of their personal belongings.
Our company takes immense pride in maintaining the highest standards of hygiene and sanitation when handling all edible complimentary items offered as part of our services. We undertake meticulous precautions in their preparation and presentation. However, it is essential to understand that any unforeseen illnesses following the consumption of these items do not hold the company accountable. By accepting the complimentary items, clients voluntarily assume all risks associated with their consumption. We cannot be held responsible for any adverse reactions or illnesses that might occur afterward.
Governing Law
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
Any disputes arising out of or relating to these Terms & Conditions, the Services, or your relationship with The Luxurious Massage & Spa shall be subject to the exclusive jurisdiction of the state and federal courts located within the State of Texas. You hereby consent to the personal jurisdiction and venue of these courts and waive any objection to such jurisdiction or venue.
By using our Services, you agree that the statutes and laws of the State of Texas, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of our Services. If you access our Services from locations outside of Texas, you are responsible for compliance with any applicable local laws.
Nothing in these Terms & Conditions shall be construed to waive any provisions or rights protected by the Texas Department of Licensing and Regulations or other governing authorities in the State of Texas.
Reference Links:
Massage Therapy: Texas Massage Therapy Regulations
Cosmetology/Esthetician: Texas Cosmetologist and Esthetician Guidelines
Contact:
If you have any inquiries, concerns, or feedback regarding our services and practices, please feel free to reach out to us. We value your input and are fully dedicated to enhancing your experience.
Email: info@theluxuriousspa.com
Complain: manager@theluxuriousspa.com
Phone: (832)652-5988