(“Membership Terms” or “Agreement”)
By clicking “I Accept”, you hereby accept these Membership Terms and agree to enroll in the Massago Program. While you participate in the Massago Program, you are referred to as a “Member”.
Term and Payment
Your Memembership will begin the date you register for the Massago Program and accept these Membership Terms (the “Start Date”). During the Membership registration process, you will also select the Massage length you would like as part of your Membership Service (60, 75 or 90 minutes – the “Massage Length”). On the Start Date, Massago will debit the credit card that you provided with your Membership registration and thereafter will debit your credit card every thirty (30) days from the Start Date (the “Monthly Dues”). Your Montly Dues are equal to the then current membership rate for the Massage Length you have selected and based on your address you provided as your regular address you provided during the Massago Program registration (the “Membership Rate”). In the event that Massago is unable to successfully debit the credit card you have on file, your Membership will be placed on hold until you provide Massago with updated valid credit card information. Massago reserves the right to change the timing of your billing, without notice, if your credit card or debit card payment has not successfully settled due to expiration, insufficient funds, or otherwise. In the event your Membership begins on the 29th, 30th or 31st of a month, Massago will bill your credit card or debit card on the 28th day of any subsequent months. Massago also reserves the right to change the Membership Rate at our sole discretion without notice.
Your Membership entitles you to book one Massage per month at the Membership Rate. In the event that you do not book a Massage during any billing month, your account will be credited for the unused Massage (a “Credit”) and you may use a Credit or Credits in any subsequent month. Credits will never expire from your account (subject to this Agreements termination provisions below).
Transfering Credits to Friends and Family
You may also transfer any Credit or Credits for an unused monthly Massage to family or friends (a “Recipient”) by notifying Massago at email@example.com. The only transfer requirements are that a Recipient must also be a Massago registered User and be located in a Membership Location. [What is the mechanism for transferring?
Change of Location or Massage Length
Your Membership Rate is determined by the address and length you enter/select during the registration process. In the event you select a Massage at a different address (provided such address is located in a Membership Location) where higher rates apply, including if you transfer a Credit, and/or you increase the Massage length, your credit card will be billed for any excess charges resulting from such changes following the provision of such Massage. Such excess charges will be at Massago’s Membership rates.
You may terminate your Membership at any time after your second monthly subscription charge upon written notice to firstname.lastname@example.org at least forty-eight (48) hours before your next Monthly Dues charge. Except as expressly described below, paid Monthly Dues and unused Credits are non-refundable, unless: (1) you change your permanent residence to a location which is outside of a Membership Location (in which case Massago requires written notice from you within thirty (30) days after you move to such location); or (2) you have a permanent disability that contraindicates massage therapy, as established with a letter from your doctor (in which case Massago requires written notice and adequate proof from you).
Freezing Your Membership
Massago will allow you to “freeze” your Membership (i.e. stop future Monthly Dues charges) for up to three (3) months at a time. You must provide written notice of your intent to freeze your Member to email@example.com at least forty-eight (48) hours before your next billing date or your Membership will freeze the following month. Upon receiving timely notice, Massago will freeze your Membership beginning on the date of your next scheduled billing date. If you do not specify the length of the freeze, Massago will freeze your Membership for two (2) months. You may only freeze in 2- or 3-month increments. You may continue to use any Credits or continue booking Massages at Massago’s standard Massage rates during any Membership freeze.
Termination by Massago
In the event Massago is unable to debit your credit card, or otherwise is not paid in respect of the Monthly Dues, in addition to any other remedies available to Massago, Massago reserves the right to charge an administrative fee and late charges at a monthly compounded rate of 1.5% (19.56% per annum).
You represent that you are physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent your participation in any activities and programs of Massago (including the Massago Program), including, but not limited to, receiving massage therapy. You knowingly, intelligently, and voluntarily accept all risks associated with massage therapy, the Massago Program, and any services offered or rendered by Massago or its employees, contractors or agents.
All services provided to you by Massago and/or a Massago Provider are provided to you “as is” and “as available” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Massago does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through a Massago Provider or by any party other than Massago, or (b) the capabilities or reliability of any product or service obtained from a Massago Provider. To the maximum extent permitted by applicable law, in no event will Massago, its affiliates, agents, directors, employees, contractors, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, whether or not foreseeable or contemplated by Massago. Massago’s maximum liablity to you will be limited to a claim for direct and tangible damages not exceeding the amounts you have paid to Massago during the two months prior to the date of any claim.
You hereby release and forever discharge Massago, its affiliates, and their respective shareholders, directors, employees, agents, contractors, successors and assigns (collectively, “Releasees”) from any and all responsibility or liability for injuries or damages resulting from your participation in the activities offered by Massago and/or the Massago Program, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with your participation in any activities of Massago and/or the Massagoot Program, including, but not limited to, you receiving massage therapy.
You agree that Massago has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
You and Massago explicitly agree that all disputes, claims or other matters arising from or relating to this Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and the parties will attorn to the jurisidiction of Ontario. This Agreement supersedes any previous agreement, oral or written, and can be modified only in writing signed by the parties hereto. You may not assign or transfer this Agreement or any part of it without Massago’s prior written consent. Massago may transfer or assign all or any part of this Agreement, and any rights and duties thereunder, upon the giving of notice. This Agreement will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties. The provisions of this Agreement are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof; rather, such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable. The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s’y rattachant directement ou indirectment soient rédigés en anglais.
Massago reserves the right to modify and amend these Membership Terms from time to time in its sole discretion without prior notice. Any such amendment(s) will be posted on our website and will be effective as of the date of posting.
Last updated: Feb 3, 2020
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