Terms and Conditions
These Terms and Conditions (“Agreement”) govern your booking, attendance, and use of services provided by Total Body Mobile Massage, a division of World Improvement Enterprises LLC (“Company,” “we,” “us,” or “our”). By registering for or using any of our services or platforms, you (“Client,” “Guest,” or “you”) agree to be bound by this Agreement in its entirety.
Last updated: January 2026
Definitions
• “Services”: All offerings provided by Company, including on-demand sessions, enterprise wellness programs, corporate/event packages, subscription memberships, franchise/licensing packages, and product/training sales.
• “Platform”: Company’s mobile and web applications, booking portal, therapist dispatch system, and administrative dashboards.
• “Account”: Your user profile and login credentials for accessing the Platform.
• “Booking”: A confirmed reservation for a Service, including date, time, location, and Service details.
• “Fees”: All charges payable by you under this Agreement, including session fees, retainers, deposit, membership dues, franchise fees, product/training costs, taxes, and surcharges.
• “Therapist”: A licensed massage therapist or wellness practitioner engaged by Company or its affiliates to deliver Services, classified as an independent contractor unless otherwise specified.
• “Franchisee”: An entity or individual granted rights under a separate Franchise Agreement to operate under the Total Body Mobile Massage brand.
• “Customer Data”: Any information, personal data, or content you upload, submit, or transmit through the Platform or Services.
• “Confidential Information”: Non-public information disclosed by one party to the other, including pricing, business processes, proprietary technology, and client lists.
Acceptance and Modification
Your first use of the Platform or Services constitutes acceptance of this Agreement. We reserve the right to update or modify these Terms at any time by posting the revised terms at www.totalbodymobilemassage.com/terms. Continued use after changes constitutes acceptance.
Scope of Services
• Company delivers only the Services specified in your Booking confirmation.
• Any changes to scope, date, time, location, or Service type require written amendment and may incur additional Fees.
• Company may subcontract or engage third-party providers but remains fully responsible for performance.
Registration, Eligibility, and Account Security
You must register and create an Account to access Services. You represent and warrant that you:
• Are at least 18 years old and have authority to bind any organization on whose behalf you book Services.
• Will provide accurate, complete, and current registration and payment information.
• Are responsible for maintaining the confidentiality of your Account credentials and for all activities under your Account.
• Will notify Company immediately of any unauthorized use of your Account.
Company may suspend or terminate Accounts for breach of this Agreement or fraudulent activity.
Fees, Deposits, and Payment
• Deposit: A non-refundable deposit of 50% of total Fees is due upon Booking.
• Final Payment: Remaining balance is due no later than 72 hours before the scheduled Service.
• Methods: Major credit cards and ACH transfers.
• Taxes & Expenses: You are responsible for all applicable taxes, gratuities, travel surcharges, and third-party fees.
• Late Payment: Overdue amounts incur interest at 1.5% per month or the maximum rate permitted by law.
Cancellations, Rescheduling, and Refunds
• Individual Sessions & On-Demand Services• Cancellations more than 24 hours before scheduled time: full refund of deposit minus a $25 administrative fee.
• Cancellations within 24 hours: no refund of deposit; you may reschedule once within 30 days subject to availability.
• Enterprise Wellness & Corporate/Event Packages• Cancellations more than 7 days before service date: 50% refund of deposit.
• Cancellations within 7 days: deposit is forfeited; full Fees remain due for any partial performance.
• Subscription Memberships• Subject to separate membership terms. No prorated refunds for mid-term cancellations.
• Franchise & Licensing Packages• Governed by separate Franchise Agreements. No refunds of initial franchise fees.
• Product & Training Sales• Returns accepted within 14 days of delivery, subject to a 20% restocking fee for sealed/unopened items. No returns on digital training.
Client Responsibilities
You agree to:
• Provide a safe, well-lit, temperature-controlled environment with a stable, level surface for Services.
• Disclose any medical conditions, allergies, injuries, or physical limitations before Services commence.
• Ensure pets and bystanders are kept at a distance to maintain safety and privacy.
• Secure parking or access as needed for Therapist vehicles.
• Cooperate with Company’s health and safety protocols, including COVID-19 screening or other local requirements.
Health, Safety, and Liability Waiver
• Assumption of Risk: You acknowledge that massage and wellness Services carry inherent risks. You attend and participate at your own risk.
• Liability Waiver: You release Company, its owners, directors, employees, and subcontractors from any claims arising from personal injury, allergic reaction, or property damage, except to the extent caused by gross negligence or willful misconduct of Company.
• Medical Advice: Services are not a substitute for medical diagnosis or treatment. You should consult a healthcare professional for any medical concerns.
Therapist Classification and Obligations
• Therapists are independent contractors responsible for their own taxes, insurance, and professional licenses.
• Company requires all Therapists to maintain active licensure, liability insurance, background checks, and compliance with state regulations.
• Therapists must follow Company’s standard operating procedures, confidentiality requirements, and quality standards.
Intellectual Property
• All content, software, trademarks, logos, itineraries, training materials, and marketing assets remain Company’s sole property.
• You are granted a limited, revocable license to access and use Platform features solely for your internal use.
• You may not copy, modify, distribute, reverse-engineer, or create derivative works without express written consent.
Confidentiality
Each party shall:
• Treat the other’s Confidential Information as strictly confidential.
• Not disclose Confidential Information to any third party without prior written consent, except to employees or advisors under similar nondisclosure obligations.
• Use Confidential Information only to perform obligations under this Agreement.
Data Protection and Privacy
• Company collects and processes personal data in accordance with its Privacy Policy.
• You consent to the collection of health and preference data for Service personalization.
• Customer Data remains your property; you grant Company a limited license to process and store such data to provide Services.
Warranties and Disclaimers
• Company warrants that Services will be performed in a professional, workmanlike manner consistent with industry standards.
• Except for the foregoing, Services and Platform are provided “as is” and “as available.”
• Company disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
• Company’s aggregate liability under this Agreement shall not exceed the total Fees paid by you for the affected Service in the three (3) months preceding a claim.
• In no event shall Company be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits or data, even if advised of the possibility thereof.
Indemnification
You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, and agents from any third-party claims, liabilities, losses, or expenses (including reasonable attorneys’ fees) arising out of:
• Your breach of this Agreement or applicable laws.
• Your negligence, willful misconduct, or failure to follow provided instructions.
• Claims related to injuries or damages attributable to your failure to disclose medical conditions or secure a safe environment.
Force Majeure
Neither party shall be liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, pandemics, natural disasters, government orders, or transportation disruptions. In such events, Company will use reasonable efforts to reschedule Services.
Termination
• For Convenience: Either party may terminate with 30 days’ written notice; you remain liable for fees for Services performed and non-cancellable commitments.
• For Cause: Immediate termination if a party materially breaches this Agreement and fails to cure within ten (10) days of notice.
• Effect: Upon termination, Company will disable your Account and may delete Customer Data after 30 days, subject to legal retention requirements.
Governing Law and Dispute Resolution
This Agreement is governed by the laws of Florida without regard to conflict-of-law principles. Any dispute shall be resolved by binding arbitration in Palm Beach County under the Commercial Arbitration Rules of the American Arbitration Association. Each party waives jury trial rights.
Miscellaneous
• Severability: Invalid provisions do not affect the remainder of this Agreement.
• Waiver: Failure to enforce a right does not waive that right.
• Assignment: You may not assign this Agreement without Company’s written consent. Company may assign to an affiliate or successor.
• Entire Agreement: This Agreement, together with any Booking confirmations, membership terms, and separate Franchise Agreements, constitutes the entire understanding between the parties.
Contact Information
For questions or notices under this Agreement, contact:
Total Body Mobile Massage
7754 Okeechobee Blvd PMB 369, West Palm Beach, FL 33411
Email: [email protected] | Phone: 1-833-553-5553
Terms & Conditions © 2026 Total Body Mobile Massage. All Rights Reserved. Website Design And Technical Support By World Improvement Enterprises LLC.
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