TERMS AND CONDITIONS & PRIVACY POLICY
Restorative Massages & Wellness, LLC (“RMW”) is a provider of massage therapy services. We value your interest in our services and advise you to carefully read the following Terms of Use (“Terms” or “Agreement”). By engaging the services of RMW, you (“Customer”) agree to the following terms and conditions:
Acceptance of Terms
These Terms apply to all massage therapy services provided by RMW, including appointments scheduled through RMW’s website, MassageBook, by phone, in person, or via any third-party platform. By scheduling an appointment or receiving services from RMW, the Customer acknowledges that they have read, accepted, and agreed to be bound by these Terms, including any future amendments, and to comply with all applicable federal, state, and local laws. These Terms also govern the Customer’s use of RMW’s website and any related content or functionality. These Terms are subject to modification without prior written notice at any time in RMW’s sole discretion. Customer should periodically review these Terms for any changes as these terms govern the terms of Customer’s interactions with RMW. Continued use of services constitutes acceptance of the revised Terms. By scheduling or purchasing services online, the client consents to the use of electronic records and signatures, which carry the same legal effect as signed paper documents.
Scheduling
By scheduling services with RMW, including through this website or via MassageBook, the Customer affirms that all information provided is accurate and truthful. Use of false identities or misrepresentation during the scheduling process is strictly prohibited and may result in cancellation of services without refund. Only individuals who are eighteen (18) years of age or older may access this Website or schedule services through MassageBook. Clients under eighteen (18) years of age may receive services only with written consent from a parent or legal guardian, who may be required to remain present during the session. By proceeding with scheduling, the Customer certifies that they meet this age requirement and are legally capable of entering into a binding agreement under Massachusetts law. RMW reserves the right to refuse service to any individual who violates these terms. MassageBook is the designated scheduling and booking software utilized by RMW. All appointments shall be scheduled exclusively through RMW's official website via the MassageBook platform. RMW employs Square as its authorized point-of-sale (POS) system for processing credit card transactions at the time of checkout. Payment for all services rendered is due in full on the day of the scheduled appointment at checkout. The only exception to this policy pertains to electronic gift cards, which may be purchased and processed online in advance.
Informed Consent
Customer understands that massage therapy services provided by RMW are intended to promote relaxation, relieve muscular tension, improve circulation, enhance range of motion, or support overall wellness. These services may include, but are not limited to, massage therapy, skin care treatments, waxing, and facial services, including microdermabrasion. Customer acknowledges that massage therapy is not a substitute for medical treatment or prescribed medications, and that it is recommended to consult with a licensed
healthcare provider for any medical concerns. Massage therapists at RMW do not diagnose medical conditions, prescribe medications, or perform spinal manipulations, in accordance with 269 CMR 5.00 and Massachusetts General Laws Chapter 112 §§ 227–235.
Customer agrees to disclose all relevant health information, including injuries, surgeries, chronic conditions, and medications, prior to the start of any session. Customer further agrees to update their therapist regarding any changes in health status that may affect treatment. Customer understands that certain massage techniques may result in temporary soreness or detoxification effects. RMW reserves the right to decline or discontinue treatment if, in the professional judgment of the therapist, the service may be unsafe or contraindicated due to the client’s medical condition, symptoms, or presentation.
Studio Environment and Safety
All massage therapy services are provided in RMW’s professional studio setting. RMW is committed to maintaining a clean, safe, and welcoming environment that complies with all applicable health, safety, and licensing standards under Massachusetts law. Customer agrees to arrive on time and conduct themselves respectfully while on the premises. RMW is not responsible for any personal items lost or left behind in the studio. Customers are encouraged to secure valuables and communicate any accessibility needs in advance.
Massage therapy services provided by RMW are strictly professional and therapeutic in nature. Any attempt by the Customer to engage the massage therapist in conduct, conversation, or behavior of a sexual nature constitutes a violation of Massachusetts General Laws Chapter 272 §53 and the professional ethics outlined in 269 CMR 5.00. Such conduct will result in immediate termination of the session, forfeiture of payment, and may be reported to the appropriate licensing and legal authorities. RMW reserves the right to refuse service to any individual who violates these terms or engages in conduct deemed inappropriate, unsafe, or unlawful. RMW strives to comply with the Americans with Disabilities Act (ADA) and will make reasonable accommodations for clients with disabilities when notified in advance.
Payment
All payments for services provided by RMW must be made directly through the designated online scheduling platform (MassageBook) or via RMW’s secure payment portal. Massage therapists do not accept direct payments for services, except for optional gratuities at the discretion of the Customer. RMW does not store credit card information. All transactions are processed through PCI-compliant third-party gateways to ensure data security. Payment is required at the time of scheduling unless otherwise arranged in writing. Square is the exclusive point-of-sale (POS) system authorized by RMW for the processing of credit card transactions. MassageBook is utilized solely for scheduling and booking purposes and is not employed for payment processing, except in the case of electronic gift card purchases. All payments for services rendered are to be collected in person at the time of the scheduled appointment, unless alternative arrangements have been made in writing. Electronic gift cards constitute the only items eligible for online payment processing through the MassageBook platform.
Refund Policy
All scheduled appointments with RMW are final. RMW does not offer refunds for scheduled services under any circumstances, including cancellations, late arrivals, or no-shows. Customers who cancel appointments may be subject to a cancellation fee, and those who fail to appear for a scheduled session without prior notice may be charged a no-show fee, up to the full cost of the scheduled service. These fees compensate for the reserved time and resources allocated to the appointment. By scheduling an appointment, the Customer acknowledges and agrees to this refund and cancellation policy and authorizes RMW to store his/her payment information on file via Square and to use such payment method in the event of a no-show or late cancellation. RMW reserves the right to enforce these policies consistently and fairly. Exceptions may be considered only in cases of documented emergencies or therapist unavailability, at RMW’s sole discretion. Requests for refunds or service adjustments will only be considered if concerns are raised during or immediately following the session.
Gift Certificates
RMW offers electronic gift certificates (“eGift Cards”) for massage therapy services. These are delivered via email to the recipient designated by the Customer. It is the Customer’s responsibility to provide a valid and accurate email address. RMW is not liable for delivery failures due to incorrect or incomplete information. All eGift Cards are non-refundable, non-redeemable for cash, and non-transferable. Expired eGift Cards cannot be reactivated or refunded. Customers are encouraged to redeem their eGift Cards within the stated validity period to ensure full value.
Therapist Privacy:
Customers shall not solicit, request, or attempt to schedule services directly with any massage therapist employed by or contracted with RMW outside of RMW’s official scheduling channels, including MassageBook and in-studio booking systems. RMW’s therapists may be subject to non-solicitation and non-compete agreements that prohibit independent scheduling or service provision outside of RMW. Any attempt by a Customer to circumvent RMW’s scheduling process by collecting personal contact information or arranging services directly with a therapist may constitute a breach of contract and interfere with lawful business relationships under Massachusetts law. RMW reserves the right to take appropriate legal action to enforce its contractual rights and protect its business interests. Customers who violate this policy may be denied future services. While RMW endeavors to honor client preferences regarding therapist or therapist gender, such preferences cannot be guaranteed.
Independent Contractors
RMW may engage licensed massage therapists as independent contractors to provide therapeutic services within its studio. These contractors are not employees of RMW and operate under professional standards set forth by the Massachusetts Board of Registration of Massage Therapy. This Agreement does not constitute a personal services contract. RMW reserves the right to assign or substitute therapists based on availability, specialization, or scheduling needs. While RMW strives to honor preferences, when possible, no guarantee is made regarding assignment to a specific therapist. Customers acknowledge that all therapists, whether employees or contractors, are bound by RMW’s professional standards and policies.
Data Collection and Privacy Policy:
RMW may use automated tools and technologies, including cookies and analytics services, to collect limited information about website visitors and scheduling activity. This data helps RMW improve user experience, personalize content, and streamline scheduling through platforms such as MassageBook. Cookies are small data files stored on the user’s device that may retain preferences or login information. While cookies enhance convenience, users may choose to disable them through browser settings. Disabling cookies may limit access to certain features of the website or scheduling platform.
RMW does not sell, rent, or disclose Customer personal information, including names, contact details, or billing data, to third parties, except as required to deliver services or comply with legal obligations. By scheduling services, Customers consent to receive electronic communications from RMW, including appointment confirmations, service updates, and promotional offers. Customers may opt out of marketing communications at any time.
Billing information is securely stored and processed by third-party payment providers integrated with MassageBook. These providers are responsible for maintaining compliance with applicable data protection and financial security standards. RMW may engage third-party vendors to assist with administrative functions such as email delivery, customer support, and payment processing. These vendors are contractually obligated to use Customer data only for the purpose of providing services on RMW’s behalf and are prohibited from using or sharing data for any other reason.
RMW will disclose Customer personal information only when required by law, court order, or in good faith belief that such disclosure is necessary to comply with legal obligations, protect the rights or property of RMW, or ensure the safety of Customers, staff, or the public. While RMW is not a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) of 1996, all client health information is treated as confidential and shared only as necessary to deliver services or comply with legal obligations.
Data Security
RMW takes reasonable administrative, technical, and physical safeguards to protect Customer data from unauthorized access, disclosure, alteration, or destruction, in accordance with applicable laws. Customers are responsible for maintaining the confidentiality of their login credentials and account information. RMW advises Customers not to share passwords or access credentials with others. RMW does not store credit card information on its website or servers. All payment data is transmitted directly to secure third-party processors via encrypted gateways that comply with PCI-DSS standards. While RMW strives to protect Customer data, no system can guarantee absolute security. Customers are encouraged to report any suspected data breaches or unauthorized access immediately.
Right to Modify or Refuse Services
RMW reserves the right to modify, reschedule, or refuse services at its sole discretion, including but not limited to situations involving health concerns, inappropriate behavior, safety risks, or non-compliance with these Terms. RMW may also terminate services or restrict access to its premises or website without prior notice for any conduct deemed harmful or disruptive.
Restriction on Access
Users of the RMW website agree not to attempt to reverse-engineer, trace, or access personal information of other users, interfere with the website’s functionality or security features, use automated tools, bots, or scripts to overload or disrupt RMW’s systems, circumvent access controls or violate any applicable laws or regulations. Unauthorized access, misuse, or disruption of the website may result in termination of access and potential legal action under applicable Massachusetts and federal law.
Website Disclaimer
This website is provided for general informational purposes only. While RMW takes reasonable efforts to keep content accurate and up to date, no guarantees are made regarding the completeness, reliability, or suitability of any information presented. All content is provided “as-is,” and may include typographical errors, outdated references, or technical inaccuracies.
RMW reserves the right to modify, update, or remove website content at any time without prior notice. Users assume full responsibility for their use of the website and any reliance on its content. RMW disclaims all liability for damages arising from use of or reliance on the website, including but not limited to direct, indirect, incidental, or consequential damages.
This website may contain links to third-party websites for informational or convenience purposes. RMW does not endorse, monitor, or control the content of these external sites and makes no representations regarding their accuracy, legality, or suitability. Linked websites are governed by their own terms of use and privacy policies. RMW disclaims all liability for any content, services, or transactions conducted through third-party websites. Users are responsible for reviewing and complying with the terms of any external site they choose to access.
Copyright and Trademark
All content on the RMW website, including but not limited to text, graphics, logos, images, audio, video, software, and the arrangement thereof, is the property of RMW or its licensors and is protected by U.S. and international copyright, trademark, and intellectual property laws. Customer may not reproduce, distribute, modify, transmit, reuse, or otherwise exploit any content from this website for commercial purposes without the prior written consent of an authorized representative of RMW.
Use of automated tools such as bots, spiders, or scrapers to access or copy website content is strictly prohibited. Manual copying or monitoring of content for commercial use also requires prior written permission. RMW’s name, logo, and other brand identifiers are registered or common law trademarks of RMW. These marks may not be used in connection with any product or service not provided by RMW or its authorized contractors. Any unauthorized use may constitute trademark infringement under applicable law. Third-party trademarks displayed on the website are the property of their respective owners and do not imply endorsement, affiliation, or sponsorship by RMW.
Choice of Law and Choice of Venue
This Agreement, and any dispute, claim, or controversy arising out of or relating to the use of the RMW website, services, or any transactions conducted through RMW, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any such dispute shall be resolved exclusively through binding arbitration, administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Middlesex County, Massachusetts, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration shall be conducted by a single neutral arbitrator. Each party shall bear its own costs and attorney’s fees unless otherwise awarded by the arbitrator. The arbitrator shall have the authority to award any relief that would be available in a court of law, including injunctive and equitable relief.
By using this website or scheduling services with RMW, the Customer irrevocably waives the right to bring claims in court (except for enforcement of arbitration awards) and agrees to resolve disputes solely through arbitration, except where prohibited by law. This clause does not prevent either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to preserve the status quo or prevent irreparable harm pending arbitration.
Indemnification
Customer shall defend, indemnify and hold harmless RMW, its owners, officers, directors, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, fines, penalties, costs, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of or related to the Customer’s use of RMW’s website, scheduling platform, studio premises, or massage therapy services. This includes, but is not limited to, claims resulting from the Customer’s failure to disclose relevant medical conditions, injuries, or contraindications; failure to follow instructions or guidance provided by RMW staff or therapists; breach of any provision of this Agreement; or any negligent, reckless, or intentional conduct by the Customer. The Customer further agrees to release and hold harmless RMW from any liability for personal injury, property damage, emotional distress, or other harm incurred during or as a result of receiving massage therapy services, except where such liability is the direct result of RMW’s proven gross negligence or willful misconduct. This indemnification obligation applies regardless of whether the alleged harm was caused in whole or in part by the negligence (active or passive) of RMW or any of its representatives and shall survive the termination of this Agreement and the completion of any services provided. The Customer acknowledges that this provision is a material condition of receiving services from RMW and is intended to protect RMW from undue legal exposure.
Limitation of Liability
To the fullest extent permitted by law, RMW shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) Customer’s access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; (c) unauthorized access, use, or alteration of Customer transmissions or content. In no event shall RMW’s aggregate liability exceed the amount paid by the Customer for the services in the six (6) months preceding the claim.
Force Majeure
RMW shall not be liable or responsible for any failure or delay in performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, public health emergencies, or failures of suppliers or service providers.
No Guarantee of Results
While RMW strives to provide high-quality therapeutic services, Customer acknowledges that individual results may vary. RMW makes no guarantees regarding specific outcomes or improvements in health, wellness, or physical condition resulting from massage therapy services.
Severability
If any provision of these Terms, or the application of such provision to any person or circumstance, is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions of these Terms. The remainder shall remain in full force and effect, and the invalid provision shall be deemed severed from these Terms to the extent necessary to preserve their enforceability and the intent of the parties, consistent with applicable Massachusetts law.
Health & Risk Acknowledgment
By booking and receiving massage therapy services, Customers acknowledge that massage therapy involves close physical contact and may carry inherent risks, including potential exposure to contagious illnesses such as colds, flu, or COVID-19. While RMW follows recommended health and safety guidelines to reduce risk, RMW cannot guarantee a completely risk-free environment. Customer agrees to monitor his/her own health and refrain from booking or attending appointments if feeling unwell or experiencing symptoms of a contagious illness. By proceeding with the appointment, Customer voluntarily assume any associated risks and agree to release RMW, its staff, and affiliates from liability related to exposure to illness during the visit.
Product Disclaimer
Certain products used or sold by RMW may contain ingredients derived from nuts, seeds, fruits, soy, dairy, honey, shellfish, eggs, or other allergens. If the Customer has allergies, medical conditions, or is pregnant, RMW recommends consulting a healthcare provider before using any products or receiving services. A patch test is recommended prior to use, especially for those with sensitive skin or known allergies. All products are for external use only unless otherwise indicated. If irritation or adverse reactions occur, the Customer should discontinue use immediately and consult a healthcare professional. Essential oils and other natural ingredients may still cause allergic reactions in some individuals.
RMW is not responsible for individual reactions to any ingredients. If the Customer has severe allergies, including anaphylactic reactions, RMW requests immediate notification and recommends refraining from using products that may contain allergens. All information provided about RMW products and services is for educational purposes only and is not intended to diagnose, treat, or replace professional medical advice. RMW does not provide medical care or prescribe treatments. If the Customer requires medical attention, they should contact a healthcare professional or call 911.