ADVANCED BODYWORKS OF CALIFORNIA, INC
TERMS AND CONDITIONS
LAST UPDATED NOVEMBER 1, 2023
TERMS AND CONDITIONS
Your use of Our Web Site, and Our Telephone Booking Service is subject to these terms and conditions together with any additional terms and policies referred to in them as ("Our Terms").
Thank you for choosing Advanced Bodyworks of California, Inc., the best place to book a therapeutic massage in Upland, CA. Please read Our Terms carefully and thoroughly. If you do not accept Our Terms, you must not make a booking through Advanced Bodyworks of California, Inc. for any Massage Treatment.
These terms and conditions of service together with any terms and policies referred to in them as ("Our Terms") constitute a legally binding agreement between you and Advanced Bodyworks of California, Inc ("Advanced Bodyworks of California", "we", "us" or "our").
Advanced Bodyworks of California, Inc. is a private corporation.
Advanced Bodyworks of California, Inc. provides a booking service (the "Services") for a range of massages that are performed in each and every case by independent self-employed professional massage practitioners ("Independent Practitioners"). In providing this booking service, Advanced Bodyworks of California, Inc. acts as the agent of these Independent Practitioners. Advanced Bodyworks of California, Inc. has no responsibility for any messages that you book through us: we are simply involved with the booking process, as well as providing ancillary services as explained below.
It is specified here that the term “Massage” means well-being, relaxation, and therapeutic.
OUR SERVICES
The Services we offer allow you to search through Our Website, and then call us to make an appointment to purchase Massages from a number of Independent Practitioners. You will receive an automated text if the call is not answered by a representative, and it is your first time calling. If your call is answered, you will either be able to speak to a person or respond and reply to exchanges via text messages/SMS.
As part of the Services, we also provide some ancillary services such as arranging bookings and providing you with customer service assistance.
However, as stated above, the contract for the purchase of the Massages is between you and the Independent Practitioners. This means that it is the Independent Practitioner (not us) who is legally responsible for providing the Massages to you, and each Independent Practitioner holds their own Professional Liability Insurance. However, Advanced Bodyworks of California, Inc. remains responsible in respect of its obligations to you in accordance with these Terms and Conditions which shall be legally binding. If you have any questions, complaints, or requests for refunds, we can be contacted directly via our Customer Service Team. Contact Information is available here. Advanced Bodyworks of California, Inc. will remain the point of contact for the Customer for Customer Service questions.
Advanced Bodyworks of California, Inc. shall, if requested, provide intermediary services between you and Independent Practitioners in connection with Customer Service or dispute resolution matters.
In order to use the Services you must be over 18 years of age or a minor with the written permission of a legal guardian. Pregnant women can be massaged from the 13th week.
When booked by us, the Massages you receive will be subject to the Independent Practitioners’ terms and conditions. The Independent Practitioners T&Cs will form the basis of your agreement with the Independent Practitioner for your Massage (each a “ Massage Agreement ”). Advanced Bodyworks of California, Inc is not a party to any Massage Agreement: this will solely be between you and the Independent Practitioner who provides you with your Massage.
USE OF OUR SITE
Our Terms govern your use of our website (“ Our Site ”) and also our App (“ Our App ”) and our telephone booking services (collectively “ Our Booking Services ”). By using Our Site or Booking Services, you agree to abide by Our Terms.
Please read Our Terms carefully and thoroughly. If you do not accept Our Terms, you must not make a booking through Advanced Bodyworks of California, Inc. for any Massage Treatment.
PERSONAL DATA and CONSULTATION
It will be necessary to answer a few personal questions before the consultation prior to any Massage, ensuring you get the best service possible. This will take about 5 minutes.
Contraindications that require medical permission – in circumstances where medical permission cannot be obtained clients must give their informed consent by signing a disclaimer form prior to treatment.
CONSUMER TERMS
Advanced Bodyworks of California, Inc gives you certain key information for there to be a legally binding contract between you and us. Details on how to make a booking are set out below. If we wish to change any key information once a legally binding contract is made, we can only do this if you agree to it.
We conduct contracts in English.
ELIGIBLE USE
You confirm that you are of legal age to access and use Our Website and/or Our Booking Services and of legal capacity to agree to Our Terms. You are not eligible to use Our Booking Services if you are under the age of 18.
USAGE
BOOKING PROCESS & PAYMENT
You can make a booking through Our Website by choosing an Independent Practitioner.
Unless otherwise agreed during the booking process, payment will only be accepted by cash or card.
Your card payment details can and will be requested at the time of booking, and payment will be collected when you make a booking. Your card payment information is kept on file in case NO SHOW/LATE Fees need to be collected.
Full payment of the Massage Fee is due immediately after your Massage service has been completed.
The Massage Fee belongs to the Independent Practitioner who provides the Massage. Advanced Bodyworks of California, Inc. collects the Massage Fee from you as their agent. For each booking made through us, we charge the relevant Independent Practitioner an agreed fee for introducing you to that Independent Practitioner ("Our Agent's Fee"). We have an agreement with each Independent Practitioner under which we are entitled to deduct Our Agent's Fee from the Massage Fee paid by you for the Massage.
We will do all that we reasonably can to ensure that all the information you give us when paying for the Massage is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the part of Advanced Bodyworks of California, Inc., we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorized access to any information that you may give us at any time.
All payments by credit card or debit card need to be authorized by the relevant card issuer. We may also need to use extra security steps. Our prices are explained below.
By making a booking you agree to provide complete, correct, and true information including without limitation billing and payment information.
Once your booking is accepted and confirmed by Advanced Bodyworks of California, Inc., you will receive confirmation of your appointment by SMS/text and email.
As the lead person making the booking, you are responsible for:
• Full payment of the applicable Massage Fee;
• For Home Visits: Ensuring the Independent Practitioner has access to your Designated Premises which must, in all cases, represent a suitable space in which the Massage can be performed, with all appropriate facilities (including, adequate lighting and heating);
• Providing as necessary, any additional booking and Massage information to other individuals participating in the Massages booked; and
• Ensuring the health and safety of the Independent Practitioner whilst at your Designated Premises.
In-Office Visits:
• Ensuring the health and safety of the Independent Practitioner and ensuring that our office is respected and using a low voice when speaking so as to have consideration for other Massage services that may be taking place.
All Massage Fees are payable over the telephone as part of our telephone booking service or in person with an Advanced Bodyworks of California, Inc representative. As noted above, we collect payment of Massage Fees on behalf of the Independent Practitioner to whom we charge Our Agent's Fee.
PRICES
The price of Massages (each a "Massage Price "and collectively "Massage Prices") varies according to the type and duration of the Massage you book and also the location of the premises you have designated for the Massage Treatment to be provided to you by the Independent Practitioner ("Designated Premises"). Massage Prices are set from time to time and the Massage Price you will be required to pay for a specific Massage (each a "Massage Fee "and collectively "Massage Fees") will be determined by reference to the Massage Prices in force at the date when that Massage is booked.
Full Advanced Bodyworks of California, prices are set out on Our Website.
CUSTOMER RESPONSIBILITIES
In addition to the responsibilities noted above, it is your responsibility to provide complete and accurate information at the time of booking. Failure to provide complete and accurate information may result in a rejection of your booking request, cancellation of your booking or an inability of the booked Independent Practitioner to provide the Massage as requested. Such failure may also result in loss or incorrect delivery of your booking confirmation.
CANCELLATION & REFUNDS
You acknowledge that you do not have any statutory right to cancel a booking made for a Massage.
You have a contractual entitlement to cancel any booking you have made with an Independent Practitioner through us at least 48 hours before the start time of the Massage. For cancellations within 48 hours of the booked start time, a $35.00 appointment fee is payable.
You have to share with us your intention to cancel the booking via telephone call or email to the details provided on the “Contact Us page” page. You must receive the cancellation confirmation from Advanced Bodyworks of California, Inc. to finalize this request.
If you have made a cancellation as mentioned above, all the refunds will be made in the fourteen (14) days following the date when you share with us your intention of canceling the booking. The refunds will be made using the same payment method as the one used for the initial transaction.
You will also be charged the full Massage Fee by the Independent Practitioner if you:
1. Cancel a booking other than as permitted above i.e. outside of the 48-hour notification period;
2. Attempt to cancel a booking on or after Massage Appointment Time; or
3. Fail to attend a booking at the Massage Appointment Time and/or at the Designated Premises.
A cancellation fee is charged in order to compensate the Independent Practitioner or for a room use fee because it is not reasonable to expect the Independent Practitioner to be able to provide Massages at another booking where you cancel with short or no notice or to reserve the Massage area when another appointment could have taken place.
Cancellation fees may in our absolute discretion be waived where you have been unable to cancel a booking without incurring the cancellation fee for genuine reasons which were outside of your control. Where cancellation fees are waived by us, we act as agents of the Independent Practitioner who is the principal in supplying the Massage Services.
For Covid-19-related cancellations, please see our separate policy.
EXTENSIONS AND DELAYS
If you wish to extend the time you have booked, the Independent Practitioner will endeavor to fulfill your request. This is subject to the availability of the Independent Practitioner and also payment of an additional charge for the extended time calculated in accordance with the Massage Prices (each an "Extra Time Charge" and collectively, "Extra Time Charges").
If you are delayed and unable to start the Massage at the Designated Premises at the Massage Appointment Time by more than 10 minutes then unless the Independent Practitioner agrees to the contrary (which is within the sole discretion of the Independent Practitioner):
• the Independent Practitioner is entitled to end the Massage at the time agreed when the booking was made without making any adjustment to the Massage Fee to reflect the reduced time of the Massage; or
• if you and the Independent Practitioner agree to proceed with the Massage for the full time allotted notwithstanding the delayed start time, then the Independent Practitioner shall be entitled to receive and you shall be obliged to pay before the relevant Massage is given, an additional charge calculated at the rate set out with the Massage Prices for extra time.
We will collect the Extra Time Charges as agents of the Independent Practitioners.
FORCE MAJEURE
Every effort is made by the Advanced Bodyworks of California, Inc. team to provide the service booked by you, the customer. However, some circumstances beyond our control may prevent this. Examples include (but are not limited to) the following, all of which make it impossible to meet our obligations;
• Adverse or severe weather conditions such as heavy snowfall, avalanches, floods or earthquakes
• Road traffic accidents
• Unforeseen traffic delays or road closures
• Warfare and acts of terrorism (and the threat thereof)
• Industrial dispute and labor strike action
• Civil strife
• Problems caused by other customers
• Significant risk to human health such as the outbreak of serious disease
• Natural or nuclear disaster
• Fire, chemical, or biological disaster
• Unavoidable technical problems
• All similar events outside of Advanced Bodyworks of California, Inc’s control
If our obligations are affected by force majeure Advanced Bodyworks of California, Inc will not refund the cost of the booking, pay you compensation, or be liable.
For the purposes of these booking conditions, Force Majeure means any event beyond our control, the consequence of which could not have been avoided even if all reasonable measures had been taken.
If it is not possible to provide the booked service at the time requested due to Force Majeure, Advanced Bodyworks of California, Inc. will try to reschedule your appointment for another time during your current stay. However, if this is not possible, a voucher of equal value to the postponed appointment will be provided for reclamation with Advanced Bodyworks of California, Inc. for up to 1 year.
ADVANCED BODYWORKS OF CALIFORNIA, INC. ACTS ONLY AS AN INTRODUCER
Our Booking Services enable those seeking Massages to book appointments with Independent Practitioners seeking to provide such Massages. Whilst Advanced Bodyworks of California, Inc. interviews and assesses Independent Practitioners who wish to provide Massages, we do not guarantee or warrant, and make no representations regarding the reliability, quality, or suitability of Independent Practitioners. This is entirely a matter for you. Accordingly, you acknowledge and agree that Advanced Bodyworks of California, Inc. does not have any obligation to conduct any background checks on any Independent Practitioners and has no obligation in respect of any service they may provide.
When interacting with any Independent Practitioners you should exercise caution and common sense to protect your personal safety, details, and property, just as you would when interacting with other persons who are unknown to you.
PROMO CODES, DISCOUNTS, SPECIALS, AND REFERRALS
We may from time to time create and offer promotional codes, discounts, specials, and referral codes (together "Codes") that can be redeemed on the Site against purchases of Massages. Codes will only be valid for a period of time stated on or with them.
Codes do not have any cash value. Codes may:
(1) only be used for personal and noncommercial purposes. You can share your unique code with your personal connections via social media where you are the primary content owner. Codes may not be duplicated, sold, transferred, distributed, or made available to others online (including through public sites such as coupon sites) or by other means.
(2) not be promoted in any way including via a Search Engine.
(3) not be exchanged for cash.
(4) only be used once and only one Code may be used per person: and
(5) may be subject to specific terms which will be made available by us and must only be used in accordance with those terms.
PROHIBITED USE
Our Services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or making bookings for Massages as expressly described above. You must not use the Site or the Telephone Booking Services to do any of the following which is strictly prohibited:
• Engage in any inappropriate behavior including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking, and/or other inappropriate behavior;
• Restrict or inhibit any other user from using and enjoying Our Booking Services.
• Infringe the privacy rights, property rights, or other civil rights of any person.
• Harass, abuse, threaten, or otherwise infringe or violate the rights of Independent Practitioners, Advanced Bodyworks of California, Inc. (including its employees and personnel), or others;
• Harvest, data-mine, or otherwise collect information about others, including email addresses, without their consent;
• Use technology or other means to access our computer network, unauthorized content, or non-public spaces;
• Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise limit Our Booking Services functionality;
• Damage, disable or otherwise impair our servers or networks or attempt to do the same; and
• Engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of Our Booking Services for unlawful or unauthorized purposes.
You agree not to breach these Terms in any way which may result in, among other things, termination or suspension of your access to Our Booking Services.
INAPPROPRIATE BEHAVIOR AND SEXUAL VIOLENCE
Advanced Bodyworks of California, Inc has a zero-tolerance policy regarding inappropriate behavior, sexual harassment, or violence against their massage therapists.
Definitions :
• Sexual harassment is constituted by repeated statements or facts against a person, without any physical contact, in order to obtain for oneself or a third party the benefits of a sexual nature or harming the dignity or physical or mental integrity of the victim. California’s Fair Employment and Housing Act (FEHA) defines sexual harassment as when a person directs unwelcome verbal or actions toward you. It does not matter whether the sexual harassment is physical, spoken, or in writing.
Third parties can also commit non-sexual harassment, as well. The FEHA used to prohibit sexual harassment committed by non-employees. Amendments to the law in 2018 removed the word “sexual,” prohibiting all types of workplace harassment by non-employees.
Third parties who can harass you on the job include:
· Independent contractors,
· Clients,
· Customers, or
· Other workers who regularly interact with the company’s employees, like a deliveryman.
• Sexual assault can be constituted by a single act of physical contact on an erogenous zone or by miming the sexual act without penetration. California Penal Code 243.4 PC defines sexual battery (also called sexual assault) as
1. touching the intimate parts of another person,
2. against the person’s will,
3. for the purposes of sexual gratification, sexual arousal, or sexual abuse.
• Rape is constituted as soon as there is non-consensual sexual penetration. Under California Penal Code Section 261 PC, rape is a crime where people use force, threats of force, or fraud as a means of having non-consensual sexual intercourse with someone.
Any inappropriate behavior against an Advanced Bodyworks of California, Inc therapist will be reported to the local authorities (Police) with a filing of complaints.
For information :
• Sexual harassment can be punished by a monetary fine.
• Sexual assault or sexual battery charges may be filed as a
· misdemeanor or
· a felony, and
· carries a penalty of up to 4 years in jail or prison.
• Penal Code 264 PC is the California statute that sets forth the punishment for the crime of rape. Under this law, rape or spousal rape is a felony offense punishable by custody in state prison for up to 8 years. This prison time will increase to up to a 13-year prison sentence if a rape “victim” was a child or a minor at the time of the offense.
An Advanced Bodyworks of California, Inc. therapist who considers themselves to be in one of these scenarios or doesn’t feel comfortable with the situation they are in, is entitled to leave the premises immediately and notify the local authorities. No refund will be made by Advanced Bodyworks of California, Inc. to a customer/client even if the appointment has not started or been completed.
INTELLECTUAL PROPERTY
ADVANCED BODYWORKS OF CALIFORNIA, INC, the Advanced Bodyworks of California, Inc. logo, brand, and all other intellectual property rights, trademarks, service marks, graphics, and logos used in connection with Our Website and/or the Services (whether registered or unregistered) belong to us or our licensors (as are applicable) and are protected by intellectual property law. Nothing in these Terms grants you any rights in the Site or Booking Services or the content within the same. All rights are reserved.
DISCLAIMER
As noted above, we introduce individuals seeking Massages to Independent Practitioners seeking to provide such Massages. We are not liable or responsible for the fulfillment of any booking or the performance of the Independent Practitioner. You acknowledge and agree that we are not responsible for addressing any claims you have as regards any Independent Practitioner or any Massages, however, we do try to assist by providing intermediary services around resolving disputes and complaints as mentioned above.
OUR SERVICES ARE FOR GENERAL INFORMATION ONLY
Content on Our Website which is made available as part of Our Booking Services is provided for your general information purposes only. Nothing contained on Our Website or communicated in any other way as part of Our Booking Services constitutes or is meant to constitute advice, opinion, or guidance of any kind. We are Massage Therapists who provide therapeutic, relaxation, and well-being Massage. References on Our Website and elsewhere to "Cure" or any similar terms are false. The information presented on Our website and otherwise as part of Our Booking Services is not intended to diagnose health problems or to take the place of professional medical care. Should you have a medical issue you should always consult with a qualified medical professional.
WE CAN NOT GUARANTEE OUR WEBSITE OR THE SERVICES
We make no warranty or guarantee that Our Website or any other aspect of Our Booking Services is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free, or available. We make no guarantee of particular results or outcomes by use of Our Website or any other aspect of Our Booking Services.
Nothing in Our Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in Our Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of Advanced Bodyworks of California, Inc, fraud or fraudulent misrepresentation by Advanced Bodyworks of California, Inc, or any matter which it would be illegal or unlawful for Advanced Bodyworks of California, Inc to exclude or limit, or to attempt or purport to exclude or limit, its liability.
We are not liable or responsible for any errors in or failure to provide Our Booking Services due to your error or failure to provide accurate and complete information.
Whilst we make every effort to ensure that Our Booking Services are available, we do not represent, warrant or guarantee in any way the continued availability at all times or the uninterrupted use by you of Our Booking Services. We reserve the right to suspend or cease the operation of all or part of Our Booking Services from time to time at our sole discretion.
Use of Our Site and the Services is on an "as-is" and "as available" basis. To the maximum extent permitted at law in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, loss of data, lost revenues, loss of goodwill, loss of anticipated saving or profits, or arising out of or in any way connected with the use or performance of the site or services, or with the delay or inability to use the site or services, or with the provision of or failure to provide the site or services.
INDEMNITY
You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to Our Booking Services and otherwise from your violation of Our Terms.
MODIFICATION & TERMINATION
We may modify Our Terms or terminate the use of Our Booking Services at any time by giving notice of termination to you. The Massage Prices may also change from time to time. We may also change, suspend, terminate, or discontinue any aspect of Our Booking Services including the availability of certain features at any time for any reason.
SEVERABILITY
If any provision of Our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.
Customer Service
If you have any questions please contact our customer service :
• via email at : abcmedicalmassage@gmail.com
• via phone : 833-473-2233
GOVERNING LAW & JURISDICTION
You agree that Our Terms for all purposes shall be governed by and construed in accordance with California law.
In case of difficulties, you must contact our customer service.
You must immediately inform Advanced Bodyworks of California, Inc. of any complaint issue or concern you feel needs to be discussed, in order to find a solution.
You and Advanced Bodyworks of California, Inc. are free to accept or reject the solution offered, and, if necessary, to bring the claim before the competent courses.