Terms of Use Agreement

Effective Date: January 1, 2025

1. Acceptance of Terms

These Terms of Use ("Terms," "Agreement") constitute a legally binding agreement between you ("you," "your," "user," "client," or "patient") and Prime Wellness Spa, a wellness services provider located at 3909 Long Prairie Rd Suite 200, Flower Mound, TX 75028 ("we," "us," "our," or "Company").

By accessing our website, booking appointments, receiving services, or providing your contact information, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Services Description

Prime Wellness Spa provides wellness and therapeutic services, including but not limited to:

• Lymphatic Enhancement Therapy (LET)
• Lymphatic Compression Therapy (LCT)
• Flowpresso Therapy
• Manual Lymphatic Drainage
• Detox and wellness programs
• Other holistic wellness services

3. SMS/Text Messaging Terms - A2P 10DLC Compliance

3.1 SMS Program Agreement

By providing your mobile phone number and expressly consenting (via checkbox, verbal consent, or written authorization), you agree to receive text messages from Prime Wellness Spa, including:

• Transactional Messages: Appointment confirmations, reminders, cancellations, and service updates
• Marketing Messages: Promotional offers, special discounts, wellness tips, and marketing communications
• Service Messages: Customer service responses, policy updates, and important announcements

3.2 Express Written Consent (TCPA Compliance)

3.3 Texas-Specific SMS Requirements

In compliance with Texas Business and Commerce Code § 305.053 (Texas Anti-Spam Law):

• We will not send unsolicited commercial electronic text messages without your prior express consent
• All messages will clearly identify Prime Wellness Spa as the sender
• We provide an easy opt-out mechanism in every marketing message
• We honor opt-out requests within 10 business days
• We maintain detailed consent records for all recipients
• We do not send messages between 9:00 PM and 8:00 AM local time unless emergency-related

3.4 Message Frequency and Costs

• Frequency: You may receive up to 4-6 messages per month (frequency varies based on promotions and your interaction with our services)
• Costs: Message and data rates may apply as charged by your mobile carrier
• Carriers Supported: Messages are delivered via participating carriers including AT&T, T-Mobile, Verizon, Sprint, Boost, and others
• No Additional Charges from Us: Prime Wellness Spa does not charge for text messages, but your carrier's rates apply

3.5 Opt-Out Rights and Procedures

YOU CAN OPT-OUT AT ANY TIME. Your options include:

• Text STOP: Reply STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to any message
• Call Us: (469) 723-8889
• Email Us: [email protected]
• Written Request: Mail your request to our address above

Upon receiving your opt-out request:

• You will receive one final confirmation message
• You will be removed from our SMS list within 10 business days
• Opting out of marketing messages does not affect appointment-related communications (which you can separately decline)

3.6 Help and Customer Support

For help with SMS messages:

• Text HELP or INFO to receive assistance
• Call (469) 723-8889
• Email [email protected]

3.7 A2P 10DLC Registration

Prime Wellness Spa is registered for Application-to-Person (A2P) 10-Digit Long Code (10DLC) messaging with major U.S. carriers. This registration:

• Ensures compliance with carrier regulations
• Improves message deliverability
• Reduces spam filtering
• Provides transparent sender identification
• Protects against message blocking

3.8 Limitations and Disclaimers

• We are not liable for delayed or undelivered messages due to carrier issues
• You are responsible for any charges from your mobile carrier
• Service may not be available in all areas or on all devices
• We may suspend or terminate SMS services at any time with notice

4. Appointment Booking and Cancellation Policy

4.1 Booking Appointments

• Appointments can be made by phone, through our website, or in person
• You must be at least 18 years of age to book appointments independently
• Minors (under 18) require parental or guardian consent
• All appointments are subject to availability
• We reserve the right to refuse service to anyone

4.2 Cancellation and No-Show Policy

4.3 Late Arrival Policy

• Please arrive 10 minutes before your scheduled appointment
• Late arrivals (more than 15 minutes) may result in shortened sessions without price adjustment
• Arrivals more than 30 minutes late may be considered a no-show

5. Payment Terms

5.1 Payment Methods

We accept the following payment methods:

• Credit cards (Visa, MasterCard, American Express, Discover)
• Debit cards
• Cash
• Health Savings Accounts (HSA) / Flexible Spending Accounts (FSA)

5.2 Pricing and Fees

• All prices are listed in U.S. Dollars (USD)
• Prices are subject to change without notice
• Promotional offers are time-limited and subject to terms and conditions
• Package deals and memberships have separate terms
• Sales tax will be added where applicable

5.3 Refund Policy

• Service Dissatisfaction: If you are unsatisfied with a service, please inform us immediately. We may offer a partial refund or complimentary future service at our discretion
• No Refunds: Generally, services rendered are non-refundable
• Package Refunds: Unused portions of prepaid packages may be refunded within 30 days of purchase, subject to a 20% administrative fee
• Promotional Offers: Promotional pricing is non-refundable

6. Health and Safety Requirements

6.1 Health Disclosure

You agree to:

• Provide accurate and complete health information
• Disclose all medical conditions, medications, and allergies
• Inform us of any changes to your health status
• Follow pre-treatment and post-treatment instructions

6.2 Contraindications

6.3 Assumption of Risk

You acknowledge and accept that:

• All wellness therapies carry some inherent risks
• Results may vary from person to person
• We do not guarantee specific health outcomes
• You are responsible for consulting with your physician regarding suitability of our services

7. Liability and Disclaimer of Warranties

7.1 Limitation of Liability

7.2 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Specific health outcomes or results

7.3 Indemnification

You agree to indemnify, defend, and hold harmless Prime Wellness Spa and its officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Your provision of false or misleading health information

8. Intellectual Property Rights

8.1 Ownership

All content on our website and marketing materials, including text, graphics, logos, images, videos, and software, is the property of Prime Wellness Spa or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not:

• Copy, modify, or distribute our content without permission
• Use our content for commercial purposes
• Reverse engineer or decompile any software
• Remove copyright or proprietary notices

8.3 Trademarks

"Prime Wellness Spa" and associated logos are trademarks of our company. You may not use these trademarks without our prior written permission.

9. User Conduct and Prohibited Activities

You agree NOT to:

• Provide false or misleading information
• Impersonate any person or entity
• Harass, threaten, or abuse our staff or other clients
• Use our services for illegal purposes
• Disrupt or interfere with our services or website
• Attempt to gain unauthorized access to our systems
• Violate any applicable laws or regulations
• Post or transmit harmful content (viruses, malware, etc.)

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our separate Privacy Policy, which is incorporated into these Terms by reference.

Key points:

• We comply with HIPAA for health information
• We comply with Texas privacy laws, including data breach notification requirements
• We comply with TCPA and CAN-SPAM for communications
• We use industry-standard security measures to protect your data

11. Termination

11.1 Termination by You

You may terminate your relationship with us at any time by:

• Ceasing to use our services
• Requesting deletion of your account (subject to legal retention requirements)
• Opting out of communications

11.2 Termination by Us

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms
• Fraudulent activity or misrepresentation
• Abusive or threatening behavior
• Non-payment of fees
• Repeated no-shows or cancellations

12. Dispute Resolution and Arbitration

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

12.2 Informal Dispute Resolution

Before filing a claim, you agree to contact us to attempt to resolve the dispute informally. Please send your concern to:

12.3 Binding Arbitration

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or our services shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).

• Location: Arbitration shall take place in Denton County, Texas
• Costs: Each party shall bear its own costs
• Exceptions: You may bring claims in small claims court if they qualify

12.4 Class Action Waiver

12.5 Venue and Jurisdiction

If arbitration does not apply, you agree that any legal action shall be brought exclusively in the state or federal courts located in Denton County, Texas, and you consent to personal jurisdiction in these courts.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website with a new effective date
• Sending email notification (if you have opted in)
• Sending SMS notification (if you have opted in)

Your continued use of our services after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using our services.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

15. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Prime Wellness Spa regarding your use of our services and supersede all prior agreements and understandings.

17. Contact Information

18. Legal Compliance Statement

19. Acknowledgment and Acceptance

Last Updated: January 1, 2025
Version: 1.0
© 2025 Prime Wellness Spa. All rights reserved.