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Terms & Conditions

These Terms and Conditions (“Agreement”, “Terms”) govern the website use, located at www.empyrealbackbar.com, and provision of Therapeutic Treatment services (both “Service”) by Empyreal Back Bar (“EBB”, “we”, “us”, “our”). Requestor’s/Recipient’s (“Guest”, “Client”, “you”) acceptance of services from EBB shall be deemed to constitute acceptance of the Terms and Conditions contained herein.

Services:

Subject to these Terms, Empyreal Back Bar hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use its Service, in the manner intended by Empyreal Back Bar. Unless otherwise specified in writing, the Service is not for resale. EBB reserves the right at all times and without notice to restrict and/or terminate your access to the Service (or any portion thereof) and modify or discontinue providing the Service (or any portion thereof).

EBB’s policy with respect has the right to the collection and use of your personally identifiable information. By accepting these Terms, you acknowledge your agreement with EBB’s Terms & Conditions.

In-Person Services

Empyreal Back Bar provides in-person Therapeutic Massage services, through which Certified and Licensed health and wellness professionals (“Massage Therapists”) treat individual Recipients by using touch to manipulate the muscles and other soft tissues of the body; solely intended to relieve pain, improve circulation, relieve stress, increase relaxation and aid in general wellness. 

 

Scheduling as a Guest, Therapeutic Massage services are intended for in-office sessions, providing therapeutic care. Each session will be considered a one-time per session treatment unless otherwise noted. Membership opportunities are available to individuals who would like to receive frequent care. Visit www.empyrealbackbar.com for more details.

Requestors must be at least 18 years old to schedule and book a massage session. If it is determined and confirmed, after scheduling and payment has been remitted to EBB, that a Service appointment has been made by a Requestor under the age of 18, Empyreal Back Bar reserves the right to cancel the appointment.

Individuals under the age of 18 years old receiving treatment must be accompanied by a parent or guardian (please note that the Service is not for persons under the age of 13 years old). The parent or guardian must give permission for the agreed session to be performed. The parent or guardian is expected to remain present throughout the treatment. The Requestor who has booked the session must articulate this notice to participants prior to the session.

As a Requestor of Therapeutic Treatment services on behalf of an individual, company, entity or organization (each, “Client”), you represent and warrant that you are an authorized representative of such Client with the authority to bind such Client to these Terms; you agree to be bound by these Terms on behalf of such Client; and your Client meets the eligibility requirements for the Service, as set forth in these Terms. Further, you will be responsible for ensuring your Client complies with these Terms.

Sessions:

Guests are asked to allow for an additional 10 minutes prior to and post their scheduled appointment time to allot for session setup, breakdown, and/or consultation/feedback.

Your Therapist will be accompanied by their Assistant who will prepare you for your massage session. The Assistant will prep the session area, which includes setting up the equipment and soft ambient music, and be available to answer any questions you may have prior to the start of the scheduled session.

Once you are comfortable receiving your massage, your Therapist will proceed with your customized session, periodically asking how you are feeling. After the session, your Therapist will assist you off the chair or table and encourage you to take deep breaths, drink plenty of water and schedule an appointment to receive regular treatments.

Health and Safety Guidelines:

EBB Staff
  • Each day upon opening for service, each Staff member will confirm he or she displays no signs of any infectious illnesses. EBB will be responsible to take Staff member’s temperature daily using a temporal thermometer.

  • EBB Staff who have knowingly been exposed to COVID-19 in the past 14 days, who may be experiencing any compromising health symptoms, or who have traveled internationally or to any place that is or has been considered a “hot spot” for COVID-19 infections within the last 30 days will not be able to work until medically cleared.

  • All Staff is required to complete training in infection control and prevention prior to returning to work.

  • All Staff is required to wear both a face covering and face shield or eye protection any time they interact with a Guest or while performing a Therapeutic Massage service. 

  • All Staff is required to regularly wash and sanitize their hands and forearms, including before and after interacting with Guests.

  • In an effort to prevent the spread of germs and viruses, Staff will cover themselves with appropriate protective clothing, including footwear, upon entry of a Guest’s residence or facility. Therapists are required to wear fresh uniforms and disinfect between sessions.

  • EBB will provide freshly laundered coverings for tables, chairs, and Guests, or will use the Guest’s own coverings if preferred. Used coverings will be immediately placed into a sealed compartment once sessions are complete.

  • EBB will perform enhanced cleaning procedures, including 10 minutes between each service to thoroughly sanitize all equipment, supplies, and areas.

EBB Guests

  • EBB suggests that all Guests complete a health screening assessment, including a temperature check using a temporal thermometer, before proceeding with services with EBB.

  • We ask that Guests refrain from scheduling an appointment if they or a member of their household has knowingly been exposed to COVID-19 in the past 14 days or are currently experiencing any symptoms of any infectious illnesses.

  • Guests should refrain from booking a treatment if they or any member of their household is under an isolation or quarantine order.

  • Guests may request verified proof of Staff’s medical screening and training records prior to receiving treatment.

  • EBB will not provide services to individuals who have bruises, wounds or rashes, a high fever, a contagious viral or bacterial infection, or an advanced-stage illness, to name a few. If it is determined that a Guest is experiencing any compromising health issues, EBB reserves the right to cancel the appointment.

  • To stay in accordance with social distancing protocols, Guests should keep children, pets, and others 6 feet away from the service area and equipment.

  • AIM will remain responsible for the cleanliness and disinfection of EBB-provided massage linens and equipment and will maintain hygiene protocols for all Staff. It is suggested and strongly encouraged that Guests and management follow health and safety procedures set by health administrators, including cleaning and disinfecting frequently touched objects and areas designated for Therapeutic Treatment service.

  • During their session with EBB, Guests must wear a face covering that completely covers their nose and mouth, unless they are medically unable to tolerate such a face covering.

  • EBB will provide freshly laundered coverings for tables, chairs, and Guests. However, the Guest’s own covering may be used if preferred.

  • EBB will not provide accommodations for clean and disinfected face coverings (Guest’s own covering should be used at all times) during massage in prone (face down) position (e.g. cotton pillowcase or disposable face cradle covers draped in the face cradle) or avoid such positions altogether. Guests must wear face coverings when switching from prone to side or supine (face up) positions.

  • All Guests should thoroughly wash their hands prior to and after their treatment.

Prices and Fees:

A $50 deposit is required during the booking of your session online. The prices listed on each Service are the standard rates for the listed sessions; which, at our sole discretion, we reserve the right to change at any time.

Prices for Services provided may vary depending on a variety of factors such as length, day, and time of the appointment.

Listed session prices exclude taxes and fees. However, applicable service tax and fees will be applied and reflected in the total price at checkout.

Schedule Changes, Cancellations, and Refunds:

Your appointments and well-being are very important to us. We understand that sometimes, unexpected delays can occur, making schedule adjustments. If you need to cancel or change your appointment, we respectfully request at least a 23-hour notice as a courtesy to our Therapist. Our Policy: DEPOSITS ARE NON-REFUNDABLE If you are more than 20 minutes late for your service, we may not be able to accommodate you. We will do our very best to reschedule your service for another time that is convenient to you. In the event of a true, unavoidable emergency, all of your non-refundable deposit may be applied to future services.

Consent to Electronic Communications:

By using EBB services or providing personally identifiable information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the site or sending an email to you.

Empyreal Back Bar cannot control certain factors relating to message delivery and has no liability for transmission delays or message failures.

Image and Likeness Release:

For the workplace, marketing, and/or social events sessions, it is understood that Requestors grant Empyreal Back Bar the right and permission to use their (including participants) name, facility, likeness, image, voice, and/or appearance as such may be embodied in any photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of EBB. Requestors agree that EBB has complete ownership of such material and can use said material for any purpose consistent with EBB's Therapy’s mission. These uses include, but are not limited to videos, publications, advertisements, news releases, websites, and any promotional or educational materials in any medium. Requestors acknowledge that they will not receive any compensation for the use of such images, videos, likeness, etc. It is the responsibility of the Requestor to articulate this information to participants. If you do not wish to be captured in any way, please notify EBB prior to the confirmed appointment. If you do not voice this concern, you consent to be captured as described above.

Disclaimer of Warranty:

You expressly acknowledge and agree that your use of this website, the applications, and any information or content contained on any of them and/or any Services is at your sole risk and that, to the fullest extent permitted by applicable law, the Service is provided “as is” and “as available”,  with all faults and without warranty of any kind. Empyreal Back Bar does not make any representations, conditions, or warranties, express or implied, including without limitation, warranties of merchantability, satisfactory quality, the fitness of a particular purpose, title, compatibility, security, accuracy, non-infringement, or usefulness with respect to the products or Services. EBB Treatment makes no warranty, representation, or condition that the Services will meet your requirements; that the information, content, and data on the Services are accurate; that your use of the Services will be uninterrupted, timely, secure, or error-free; or that defects in the website, the applications and/or the information contained on any of them will be corrected.

Massage Therapy does not guarantee to be an antidote for ailments, diseases, or other medical conditions. The nature of each session is for the basic purpose of relief from stress and muscular tension. Services provided are not for the solicitation of sensual desires nor are they a replacement for medical or psychological care or treatment. Though Certified and Licensed in the field of Massage Therapy, EBB Massage Therapists are not qualified to diagnose a medical condition. By using the Service, you agree that you will not rely on EBB Massage Therapy as a substitute for professional medical care and that you will always seek professional medical advice and care from your primary health provider.

EBB reserves the right to immediately terminate a booked session if the Requestor and/or Recipient expresses any inappropriate behavior (including but not limited to drug use, excessive drinking, illicit or sexually suggestive remarks, or sexual advances). The Requestor will be charged for the full price of the booked Service.

Limitation of Liability:

To the fullest extent permitted by law, each user is responsible for his or her use of the Service, and any damages incurred by him or her or any third party that arises from or are related to the Service. The aggregate liability of EBB for any damages, whether arising in contract, tort, or otherwise, will be limited to actual damages proved, and not to exceed the amount paid by you to EBB for the Service. To the fullest extent permitted by law, and notwithstanding anything to the contrary set forth herein, EBB will not be liable for any punitive, special, indirect, or consequential damages. 

To the fullest extent permitted by law, EBB will not have any liability whatsoever for any losses; costs, or damages of any kind incurred or suffered by you as a result of services provided by any of the Massage Therapists accessed through the Service.

You represent that you have independently investigated the advisability of using the massage services made available to you by EBB and the possible risks involved in using such services. You agree to maintain your own insurance covering such risks and will look solely to such insurance for reimbursement of any resulting damages.

 

Indemnification:

To the fullest extent permitted by law, you will defend, indemnify and hold Empyreal Back Bar, its subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys’ fees and lost revenues) arising from any and all breaches by you of these Terms or any representation, warranty or covenant contained herein; any and all use of the Service not specifically authorized hereunder and on the Service; and any and all claims and actions against EBB by other parties to whom you allow access to the Service.

To the fullest extent permitted by law, you further waive, release and forever discharge EBB from any and all responsibility or liability for injuries or damages resulting from your massages or any other service obtained through the use of the Service, 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 the Service.

EBB reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.

 

Termination:

This Agreement will terminate automatically if either party shall be in breach of any of its obligations under this Agreement.

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