Policies, Terms Of Service & User Agreement
Spa-Go's has a contract you sign to complete your scheduling care. You can see a copy of this contract below...
To the Spa-Go’s Services Agreement
1 Any extra guests or add-ons not on this contract must be called in and paid for before the Services are performed.
2 Client represents to Spa-Go’s that they meet the listed exemption for in home or office care.
1 Professional. Client understands that a replacement Professional may be necessary, or that additional Professionals are required to provide the Services requested.
2 BEDSIDE CARE. Bedside care is extra, so if Client is requiring a Service in a bed, there will be an additional charge of $50.00 due to the strain the Professional has on their back and body.
3 PRODUCTION COMPANIES. Day rate for each Professional is $200/hour, minimum 2 hours per Professional and inclusive of all Services to be performed or mock Services during filming, plus gratuity, travel, and preparation and sanitation fees. Testing for Covid-19 or any other virus relevant for production companies is $125.00 or one hour of labor to each of the Professionals.
Client attests that the information listed above is accurate, and Client authorizes Spa-Go’s, Mobile Day Spa, Salon & Lifestyle Co, LLC to charge its credit card for the Total Fees listed above and any other applicable fees as set forth in the Services Agreement.
This SERVICES AGREEMENT (“Agreement”) is entered into as of the Effective Date listed on the signature page by and between the undersigned (“Client”) and Spa-Go’s, Mobile Day Spa, Salon & Lifestyle Co, LLC, a Utah limited liability company (“Spa-Go’s”). Client and Spa-Go’s are collectively referred to herein as the “Parties” and individually as a “Party.”
WHEREAS, Client has contacted Spa-Go’s for the purpose of Spa-Go’s finding Client spa-related services; and
WHEREAS, Spa-Go’s has found an independent professional or professionals (the “Professional”) to provide the desired services for Client at the price agreed to by Client and the Professional; and
WHEREAS, Client has filled out and signed the invoice attached to this Agreement listing the Client’s information along with the services to be performed and fees to be charged (“Invoice”); and
WHEREAS, the parties desire to enter into this Agreement to consummate the transaction.
NOW THEREFORE, the Parties hereby agree as follows:
1.1 Services. Client hereby hires Spa-Go’s to continue to act as its broker to arrange for Client to receive the services listed on the Invoice (“Services”) until the Services have been performed, the Services are canceled, or this Agreement is otherwise terminated.
1.2 Pricing. Client shall pay Spa-Go’s the fees listed on the Invoice.
1.3 Acknowledgment of Broker Services. Client acknowledges that Spa-Go’s is a broker and not a direct provider of the Services that Client will receive, nor is Spa-Go’s an establishment, salon, day spa or fitness center. The Professional is the provider of the Services and is independent of Spa-Go’s, licensed under the applicable state governing and licensing boards and has the duty of care with the applicable state boards and regulations. Spa-Go’s does check a Professional’s state license and insurance but does not confirm a Professional's city and county business licenses. Client agrees to hold Spa-Go’s harmless from all liability in relation to the Services provided by the Professional.
1.4 Medical Acknowledgment. Client agrees and acknowledges that Client must discuss any medical issues or barriers of treatments with the Professional with the understanding, however, that neither Spa-Go’s nor the Professional is a medical provider and cannot give medical advice. It is Client’s sole responsibility to consult with a medical provider regarding any medical issues or barriers of treatments prior to the Services being performed.
1.5 Environment. Client shall provide a safe, hostile-free, and hazard-free working environment for the Professional(s) and will not engage in improper or unprofessional behavior towards the Professional(s). Client shall be solely responsible for the action of Client’s guests as well.
1.6 No Guaranteed Results. Client understands and acknowledges that Spa-Go’s is not a party to any quality issues between Client and the Professional, that results are not guaranteed, and that Client’s results and the means of providing the Services may vary. However, if Client is unhappy with the services provided, Client must notify the Professional prior to the Professional leaving Client’s designated location in order to remedy any unsatisfactory Services. Otherwise, the Services will be deemed completed to Client’s satisfaction. If Client continues to be dissatisfied with the Professional’s Services after any attempted remediation by the Professional, Client must notify Spa-Go’s and the Professional prior to the Professional leaving Client’s designated location. Client is encouraged to take pictures and to document any reason for Client’s dissatisfaction. If the above processes are followed, Spa-Go’s will make an independent determination as to the appropriate remedial steps needed, if any. Any refunds will not include a refund of Spa-Go’s 20% fee.
1.7 Non-Circumvention; Non-Solicitation. As further consideration for this Agreement, Client shall not solicit the Professional for any further services other than through Spa-Go’s, and Client shall not ask for the Professional’s phone, email, business card, etc.
1.8 Photo Release and Waiver. Spa-Go’s, the Professional, and/or Client may take a picture of the Services performed, including before and after photos, and Client hereby consents to having such pictures taken. Furthermore, Client hereby authorizes and grants to Spa-Go’s permission to use, distribute, publish, and copyright Client’s likeness, and/or images in photographs, pictures, images, video recordings, etc. (“Photos and Images”), for any lawful purpose, and in any manner, including, without limitation, any and all printed and digital publications, publicity, illustrations, trade, advertising, and marketing materials, displays, exhibits, websites, social media, etc. Client authorizes Spa-Go’s to make minor edits (e.g., placing photos side by side, enhancing image quality image, cropping, etc.) to the Photos and Images. Client acknowledges that no financial compensation will be given to Client, and Client waives any right to royalties or other compensation arising or related to the use of the Photos or Images.
1.9 Terms and Conditions. Client agrees to abide by Spa-Go’s Terms and Conditions attached as Exhibit A to this Agreement.
II. Cancelation Policy and Termination
2.1 Cancelation Policy. If Client has four or fewer people in its group (a “*Small Group*”), then Client may cancel the Services by giving Spa-Go’s written notice of cancelation at least three business days prior to the scheduled Services. If Client has five of more people in its group (a “*Large Group*”), then Client may only cancel the Services by giving Spa-Go’s written notice of cancelation at least 14 days business days prior to the scheduled Services. If Client has purchased catering services, cancelations must be made at least 10 days in advance. If the cancelation is timely made, then Client will only be subject to a cancelation fee of 20% of the labor costs (travel costs, prep and clean-up time, and gratuity are not part of the labor costs and would be refunded in full), and Spa-Go’s will refund the remaining amount to Client within 14 business days of cancelation. Cancelations made after the three-day deadline for Small Groups, the 14-day deadline for Large Groups will not be entitled to any refunds except the travel fee, preparation and sanitization fee, and the gratuity.
2.2 Termination of this Agreement. Spa-Go’s reserves the right to terminate this Agreement at any time for Client’s breach of this Agreement. Additionally, Spa-Go’s may direct the Professional not to provide the Services or the Professional may refuse to provide or to continue the Services to Client or any guest of a Client if either Spa-Go’s or the Professional reasonably believe that Client has not provided a safe, hostile-free, and hazard-free working environment for the Professional(s), or if Client engages in improper or unprofessional behavior towards the professional(s), of if Spa-Go’s or the Professional reasonably believe that Client’s medical condition interferes with the ability to properly and/or safely provide the Services, or if Client is otherwise in default of this Agreement. No refunds will be provided to Client for Client’s breach of this Agreement.
3.1 Entire Agreement. This Agreement contains the entire agreement and only understanding between the Parties with respect to the subject matter hereof and supersedes all previous negotiations, agreements and understandings between the Parties and affiliates of the Parties, in connection with the subject matter covered herein, whether oral or written, and any warranty, representation, promise or condition in connection therewith not incorporated herein is not binding upon either Party.
3.2 Waiver. No waiver by either Party of a breach of any provision of this Agreement is a waiver of any subsequent breach.
3.3 Modification. This Agreement may not be changed or modified in any way except by an agreement in writing signed by both Parties.
3.4 Binding Effect. This Agreement and all its terms, conditions and stipulations are binding upon, and inure to the benefit of the Parties hereto and their respective legal representatives, heirs, successors and permitted assigns.
3.5 Interpretation of Agreement. The Parties intend that this Agreement be interpreted in accordance with the laws of the State of Utah. Words in the masculine gender include the feminine and neuter. The paragraph headings and title of this Agreement are not part of this Agreement and have been inserted for convenience of reference only and have no effect upon construction and interpretation of this Agreement.
3.6 Dispute Resolution. This Agreement is governed by the laws of the State of Utah. All disputes related to the formation or covenants or conditions of this Agreement or any other disputes must be submitted to the American Arbitration Association exclusively in St. George, Utah for binding arbitration which may be enforced by a court of competent jurisdiction. If for any reason court action is filed, the Parties consent to the exclusive jurisdiction and venue of the courts of record in St. George, Utah. Client hereby waives any right to a jury trial, and any arbitration will be conducted and resolved on an individual basis only and not on a class-wide, multiple plaintiff or similar basis. Any legal action or arbitration proceeding must be brought or instituted within a period of two (2) years from the date of this Agreement or within one (1) year after discovering of any breach of the terms of this Agreement.
3.7 Costs and Attorney’s Fees. In the event that arbitration or court action is filed for the enforcement of this Agreement or in connection with any of the provisions of this Agreement, the successful or prevailing Party is entitled to reasonable attorney’s fees and other costs reasonably incurred in such action or proceeding.
3.8 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, including by means of electronic signatures and other similar electronic means, each of which is deemed an original, but all of which together constitute one and the same document.
IN WITNESS WHEREOF, and by their signatures below, the Parties hereto acknowledge that they have read, understand, and agree to all of the terms and provisions of this Agreement and have caused this Agreement to be executed as of the Effective Date below.
To the Spa-Go’s Services Agreement
Terms and Conditions
Additional Services. If the Professional does not have the time to perform additional services that were not ordered, the Professional is in no way bound to provide the additional services as they must keep to the scheduled care with other clientele.
Assumption of Risks. You acknowledge and assume the risk that interaction with the Professional will be in person. You agree to hold Spa-Go’s harmless from any harm caused by the Professional including, but not limited to, physical, emotional, or sexual harm, or harm from possible exposure or illness to a disease from interaction with a Professional.
Change Orders. Any changes to the contract at the time the Services are provided must be approved by you and the Professional at the time of service. Spa-Go’s is the broker and cannot dictate or change a contract once it has been signed, and Spa-Go’s is not party to any change orders to the contract. However, if additional Services are ordered or the price of the Services increases, Spa-Go’s is entitled to 20% of the charge for the additional Services, or to 20% of any increase in the price for the changed Services.
Credit Card Retention. Spa-Go’s takes care to keep your credit card information secure, and upon the completion of the Services and final charge for the fees incurred, Spa-Go’s destroys all documentation containing full credit card numbers.
Electronic Communications. The communications between you and Spa-Go’s may take place via electronic means. For contractual purposes, you consent to receive communications from Spa-Go’s in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Spa-Go’s provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
Environment. Spa-Go’s recommends an area that is well lit and comfortable for both you and the Professional. Either you or the Professional can request that masks be worn. Services may be able to be performed outdoors, so long as weather conditions permit, and that there is adequate safety and privacy, and that both you and the Professional agree to where the Services will be performed.
Force Majeure. If the Services cannot timely be performed due to Force Majeure, including pandemics, fires, police activity, political protests, accidents, natural disasters, shutdowns, and/or unforeseen accidents, Spa-Go’s will work with you and the Professional to reschedule the Services to be performed at a later date.
Fungus Nails, Ingrown Toenails, & Open Wounds. Professionals are not allowed to work on persons with fungus, correct ingrown nails, or work on persons with open wounds or ulcers. The Professional may be able to modify their work to work on the nails without fungus or offer another service such as hand massage or foot massage to compensate your dollars. If you think you may have fungus or ingrown nails, please seek medical care, or send a photo of the concern to Spa-Go’s office for consultation with your Professional. Ingrown toenails need a skilled medical provider who can correct a nail’s growth and position safely and properly. Anyone with open wounds on their legs, hands, arms, feet, etc., will not be served as this is a health condition that is outside of the scope of a Professional’s requirements by their licensing board and not allowed legally.
Gift Cards Pre-Paid Cards, Gift Certificates, Credits, Etc. Unless otherwise prohibited by state law, in which case such state law will supersede and control, gift cards, pre-paid cards, gift certificates, credits, etc., will expire 5 years from the date of purchase, and an inactive fee equal to $20 per year will be applied against the gift card or credit.
Health Concerns and Medical Conditions. Please discuss with your provider of care. If there is any reason you or anyone who is receiving Services should not have the Services performed due to a health concern or medical condition, please refrain from receiving any Services. Spa-Go’s and its providers do not treat any medical conditions, are not providing medical or chiropractic care or offer any type of advice or recommendations or referrals for care.
Late Arrivals by the Professional. If the Professional will be arriving more than 30 minutes late due to traffic or other reason, the Professional will advise you in advance if you would like to reschedule.
Late Arrival by You or a Guest. If you are running late and the Professional must wait, there will be a wait charge of $35 for every 15 minutes delayed added to your invoice due. Please have your guests ready to begin on time and let them know, even if they are children, that Services will need to be performed as scheduled, and as the Professional may have other clientele after their time scheduled, it is imperative to begin and end on time.
Massages. Massage services and any other services will not be sexual, medical or chiropractic in nature.
Moving Furniture. The Professionals are not movers and cannot move furniture as part of their Service to you, due to risking injuries. Professionals also cannot lift and/or carry their equipment up or down large flights of stairs, or to remote locations on your property (e.g., winding stairways, hillsides, top floor bedrooms where more than six steps are present, down stairways where more than six steps are present, estates where the distance from the parking to the desired service location is considered remote, or common-sense safety or hazardous locations where injury may occur by an attempt to satisfy your request). If you have your own spa or massage table, it must be portable and within short distance to the desired location. If these conditions are present or exist, we recommend you having your own support staff arrange for assistance to the Professional so they can safely enter and set up and tear down without risk of injury.
No Corrective or Podiatry Services. Nail services will not be corrective or podiatry in nature. No metal tools will be used to shave feet or calluses, per state laws, even if provided by the client directly.
Non-Acceptance of Services. If you order services and someone at your event does not want to have the Service provided that was ordered, you will still be charged for this as you have contracted the Professional for that amount of time and labor. Spa-Go’s suggests modifying the contract with the Professional so that you receive additional services for those who want care in equal value of your order, so you do not lose the value of your contracted dollars spent with the Professional.
Notices. Where Spa-Go’s requires that you provide an e-mail address, you are responsible for providing Spa-Go’s with your most current e-mail address. In the event that the last e-mail address you provided to Spa-Go’s is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Services Agreement, Spa-Go’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
Parking. It is your responsibility to provide parking for the Professional. If parking is done through a valet service or by paid validation, you will be responsible to cover the cost of the valet or validation. If you live in an area without parking, please consider this ahead of booking and make arrangements for the Professional’s arrival with a pass or a place to secure their vehicle.
Protection of Property. Spa-Go’s recommends that you protect and guard your valuables. However, Spa-Go’s is not responsible for any damaged, lost, or stolen property.
Services to Customers Under the Age of 18. If you are booking and scheduling Services for guests under 18 years of age, it is your duty to get the parents of those children to agree to having the Services performed. You are agreeing to get this permission from each parent ahead of the Service provided to any child under the age of 18.
Skin Conditions. Spa-Go’s does not make any claims of any treatment changing the texture, quality, condition of or imperfections in your skin, lips, hair, body, or musculature tension and or other personal body, mind, and appearance goals. If you have medical needs, please seek out medical care.
Weather. Please be considerate of your Professional and have proper and safe shelter (under an umbrella) if working outside. Outdoor in full sun will be limited to 2-hour maximum work time, and you are responsible to notify Spa-Go’s ahead of time if the Services are to be performed outdoors, so that the Professional can be notified of the need for sunblock and any other protective gear.