Operation of The NOW Boutique location listed on the first page of the Agreement will be subject to the California Massage Therapy Act, Cal. Bus. & Prof. Code §§ 4600 et seq.
Rescission Rights. Member may rescind this Agreement at any time prior to midnight of the fifth (5th) business day after the date you sign the Agreement. All rescission notices must be made in writing and delivered in person or sent by registered or certified mail to [thenow_entity] at [thenow_boutique_address].
General Release and 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 The NOW Boutique entity listed in my Membership Agreement , 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 The NOW Boutique entity listed in my Membership Agreement or Guest Form, The NOW Franchisor, and each of their members, officers, owners, parents, franchisor, subsidiaries, affiliates, independent contractors, employees, consultants, attorneys, personnel, and agents (collectively, “The NOW 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 The NOW 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 The NOW Indemnified Parties. I acknowledge and understand that this waiver of liability includes any negligence of The NOW, and any other The NOW 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 on in the studio 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 The NOW, and each of the The NOW 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 boutique or on the premises, even as a result of negligence on the part of The NOW 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 The NOW Boutique entity listed in my Membership Agreement or 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 The NOW Indemnified Parties providing the Services should I fail to do so.
I certify that I have read the provisions of California Civil Code Section 1542 and have had an opportunity to consult with legal counsel regarding that section. I waive any and all rights under California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” I agree and acknowledge that the released claims extend to and include unknown and unsuspected claims.