TERMS AND CONDITIONS


Welcome to the website of Pure Knead Massage PLLC (Pure Knead) (the “Website”). Pure Knead is a provider of massage therapy services. Pure Knead appreciates your patronage, and encourages you to carefully review the terms and conditions policies (“Terms and Conditions” or the “Agreement”) set forth below.
These Terms and Conditions apply to your experience on the Website either utilizing content set forth or booking appointments for services. It contains very important information about your rights and obligations as well as limitations and exclusions that apply to you.

By scheduling an appointment for services through the Website, you acknowledge that you have read, accepted, and agreed to be bound by these Terms and Conditions (in its present state with changes or amendments) and to comply with all applicable federal, state, and local laws, in relation to your access to or use of this Website. These Terms and Conditions are subject to modification without prior written notice at any time in Pure Knead’s sole discretion. You should periodically review these Terms and Conditions for any changes. The terms of this Agreement shall govern the terms of your interactions with Pure Knead through the Website.

In consideration of use of this website and booking massager and/or related services from Pure Knead, Customer agrees to all of the following terms and conditions:

A. Booking and General Notices:

Customer is booking services with Pure Knead and shall not use a false name to book this massage or any other service.
Customer will in no way try to engage Customer’s therapist in any sexual manner during the massage. Customer understand that this massage is intended for relaxation only. In the event Customer attempts to engage the therapist in any act or conversation of a sexual nature, services will terminate and no refund will be issued. Customer will remain responsible for the full price of the intended service.

Only persons 18 or older are permitted to access this website and/or to book services.

B. Rates and Services:

Your total price for the services and/or products selected for purchase will be stated on your online purchase receipt. Terms of payment are within Pure Knead’s sole discretion and, unless otherwise agreed to by Pure Knead, payment must be received by Pure Knead prior to the acceptance of an order. Payment for the products must be made by credit card, unless otherwise agreed to by Pure Knead. All prices are in U.S. Dollars. Your credit card is processed immediately, and Pure Knead does not store credit card numbers. You will know immediately if your transaction was declined or approved. After processing, you will be shown a transaction receipt; please print or save the receipt for your records.

Orders are not binding upon Pure Knead until accepted, and Pure Knead reserves the right to decline the acceptance of any order, including but without limitation, in the event the price of the services is a mistake. Any price quotations given by Pure Knead will be valid for the period stated on the quotation.
Pure Knead reserves the right to amend or to modify its rates and services, from time-to-time.

C. Informed consent:

Customer understands that Massage is intended to enhance relaxation, reduce pain caused by muscle tension, increase range of motion, and improve circulation. Customer understand the general benefits of massage. Customer understand that Customer is responsible to inform Customer’s therapist of all injuries or surgeries prior to the start of Customer’s massage. Your massage therapist will go over any contradictions and treatment plans with Customer in person.
Customer understand that Massage therapy is not a substitute for medical treatment or medications, and that is recommended that Customer concurrently work with Customer’s primary caregiver for any condition Customer may have. Customer is aware that massage therapy does not diagnose illness or disease, does not prescribe medications, and that spinal manipulations are not part of massage therapy. Customer will inform Customer’s therapist of all of Customer’s known physical conditions, medical conditions, medications, and Customer will keep Customer’s current therapist updated on any changes.

D. Customer-Provided Facilities:

As Pure Knead provides out-call services to Customer’s chosen location, Customer is solely responsible to provide a safe, quiet secure location, including a free and safe location where the massage therapist may park their vehicle. Neither Pure Knead nor any massage therapist shall be responsible for Customer’s failure to provide a suitable location. In the event that Customer fails to provide a location that meets these criteria and/or if Customer chooses an environment that is in the massage therapist’s sole discretion unsuitable or unsafe, massage therapist may terminate the booking and not provide the requested service. In such event, Customer shall remain responsible to pay the full service fee and there shall be no proration or refund.

E. Payment:

Excluding cash tips, Customer is NOT to pay the massage therapist. Payment is to be made directly to Pure Knead via this website and/or pay portal provided by Pure Knead. If you are in a hotel , business or high rise condo with very little parking, then you will be charged for the massage therapist’s parking for the duration of the massage.

F. Therapist Privacy and Notice of Non-Compete Agreement:

Customer shall not collect any personal information from Customer’s therapist in order to book directly through the therapist. Customer understands that Customer’s therapist has signed a non-compete agreement with Pure Knead and that by soliciting Customer’s therapist to book directly with them Customer will be violating both Customer’s contract and their employment contract.

G. Independent Contractors:

Pure Knead utilizes independent contractors to perform massage and related services. This is not a personal services contract, and Pure Knead reserves the right to assign and/or to substitute massage therapists.

H. Refund policy:

Once an appointment is booked Customer will be notified via confirmation text. Customer may call Pure Knead back within ten minutes of booking to cancel with no penalties. After the 10 minute period Pure Knead will charge a $50 booking fee. Cancellations that take place less than 4 hours prior to the scheduled massage time are non-refundable. Pure Knead will charge the full amount of the massage. If Customer has multiple appointments booked, Customer will be charged in full for each one of them. Pure Knead has to compensate the massage therapist for keeping their time open for Customer.

Please allow a 10 – 15 minute leeway time for traffic or unforeseen road conditions that may delay your therapist. We unfortunately cannot refund appointments if these conditions apply to our therapist being late. In the event that your therapist is more than 20 minutes late, you may choose to cancel your massage before your therapist shows up and receive a full refund. 

I. Gift Certificates:

If Customer purchased a gift certificate for someone, it is an e gift certificate which means it will be emailed directly to the recipient. Customer is responsible to supply Pure Knead with a valid email address. Pure Knead are not held responsible if the email address is not valid. Pure Knead will be happy to email the certificate again once Customer have given Pure Knead a valid email address. Pure Knead will not refund the gift certificate due to lack of information.
Gift certificates are valid for one year from the date of purchase. If your gift certificate is expired our site will not allow Customer to use it and Customer will not be refunded. All gift certificates are NON-REFUNDABLE, NON-REDEEMABLE, AND NON-TRANSFERABLE.

J. Automatic Data Collection and Privacy Policy:

Pure Knead has features that automatically collect information from customers, to deliver content specific to customers’ interests and to honor their preferences. This information assists us in creating products and services that will serve the needs of our customers. For example, we use “cookies,” a piece of data stored on the user’s hard drive containing information about the user. Cookies benefit the user by requiring login only once, thereby saving time while on our web site. If users reject the cookies, they may be limited in the use of some areas of our web site. Pure Knead will not sell or give away Customer name, billing address, phone number, email address or any other information. Unless otherwise requested, Customer consents to receive electronic notices from Pure Knead, such as newsletters, specials and products.

For convenience, billing information is saved under Customer’s account with a 3rd party billing service which is a bank responsible to keep Customer credit card information secure for when Customer is ready to schedule with Pure Knead again and use the same credit card.
Pure Knead does employ other companies to provide limited services on its behalf, including advertising, mailing, answering customer questions about schedules or services and processing event registration and credit card payments. Pure Knead will only provide those companies the information they need to deliver Customer excellent service, and they are strictly prohibited from using that information for any other purpose.

Pure Knead will disclose Customer personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Pure Knead Massage or the site; (b) protect and defend the rights or property of Pure Knead Massage and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of Pure Knead Massage its Websites, or the public.

K. Data Security:

Pure Knead takes precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Customer also has a significant role in protecting Customer’s information, by use of a password. Customer is advised not to share its password with others.
Pure Knead Massage does not store your credit card information on our website. All of your credit card information is stored in a secure gateway. Upon purchasing your information is sent directly to the bank via the secure gateway for processing.

L. Notice To Parents Regarding Children’s Privacy:

Pure Knead takes children’s privacy seriously and Pure Knead do not seek to collect personal information about children through PureKneadMassage.com. If Pure Knead become aware that a person submitting personal information to Pure Knead through any part of PureKneadMassage.com is a child, Pure Knead will delete the information.

M. Disclaimer:

This website is offered as a service to provide general information about the Services of Pure Knead in the United States. If you live outside of the U.S., some services may not be available in your country. Although we strive to provide on this website the latest developments relating to our Services and other information about our company, we do not warrant the accuracy, effectiveness, and suitability of any information contained on the Website. You assume full responsibility and all risks arising from your use of and access to the Website. The information in the Website is presented “AS IS” with all faults, and may include technical inaccuracies or typographical errors. We reserve the right to make additions, deletions, or modifications to the information at any time without any prior notification.
Pure Knead believes all forward-looking statements, claims, and representations in the content of this Website were true at the time written. While every effort is made to update information contained on this Website, neither Pure Knead nor any third party or data or content provider makes any representations or warranties relating to the accuracy, completeness, or reliability of information, content, and/or data contained on this Website. Additionally, Neither Pure Knead nor any third party or data or content provider, assumes any obligation to publicly update or revise any forward-looking statement as a result of new information, future events, or other information.

N. Choice of Law and Choice of Venue:

Any dispute arising from use of Pure Knead’s website or services is exclusively subject to Arizona law. Venue for resolution of any dispute with Pure Knead shall exclusively be in Maricopa County, Arizona.

O. Indemnity and Hold Harmless:

Customer shall defend, indemnify and hold harmless Pure Knead, its officers, directors, shareholders, partners, instructors, or employees responsible for any injuries suffered by Customer caused whole or in part by Customer’s use of this website and/or failure to faithfully follow instructions of Pure Knead or its individual massage therapists or by any physical impairment of mine not fully disclosed to Pure Knead in writing. Further, Customer agrees to defend, indemnify and hold Pure Knead and its directors, officers, instructors, and employees harmless from and against any and all actions, suits, claims, demands, causes of action, proceedings, losses, costs, expenses including, without limitation, all attorney fees and disbursements, damages, liability and fines or penalties, in any way arising out of, or relating to, connected with directly or indirectly, Customer’s presence upon or use of the Pure Knead premises and/or participation of any massage and/or related activities connected therewith, regardless of whether there is active or passive negligence or fault on the part of Pure Knead, its directors, officers, instructors, or employees.

P. Consent:

When Customer registers and continue to use PureKneadMassage.com Customer is indicating that Customer’s agreement with our terms and conditions and accepts our privacy policy. If for some reason Customer believes Pure Knead Massage has not adhered to these principles, please notify Pure Knead.

Q. Unsolicited Communications:

It has been and remains Pure Knead’s policy not to accept or consider ideas, suggestions or materials other than those that Pure Knead has specifically requested from you. Accordingly, Pure Knead does not want you to, and you should not, send any confidential or proprietary information to Pure Knead through the Site unless specifically requested by Pure Knead. Please note that any unsolicited information or material sent to Pure Knead will be deemed not to be confidential or proprietary.

By submitting information and material to the Site, you automatically grant to Pure Knead (or warrant that the owner of such information and material has expressly granted to Pure Knead) a royalty-free, perpetual, irrevocable, unrestricted right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Pure Knead is free to use any ideas, concepts, know-how, or techniques that you send Pure Knead for any purpose.

As further provided above, Pure Knead does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.

You shall not upload, post, or otherwise make available on the Site, any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

R. Limited Permission to Provide Link:

Commercial and other websites may include a link to our Website provided that the link complies with all of the following: The link must lead directly to our homepage at www.purekneadmassage.com; The link must not frame any of our Website content; The link must state that it leads to the website of “Pure Knead”; and The link and the linking website must not falsely represent or suggest any relationship between the linking website or the linking sponsor’s products and Pure Knead (including, without limitation, suggestions of affiliation or endorsement), unless such a relationship exists and the statement describing the relationship has been expressly approved in advance by Pure Knead.

Pure Knead reserves the right to revoke any limited license granted to a third party to use specific links at any time. If Pure Knead revokes this license, you agree to immediately remove all links to this Website.

S. Third Party Websites:

This Website may contain links to other websites for your convenience, but we do not endorse, monitor, edit, censor, or otherwise control the content provided by third parties (including, without limitation, content posted on or in any other website, bulletin board, chat room, or other forum). We are not responsible for, and make no warranty whatsoever, for any information or content contained in any third-party websites or obtained from third parties, including, without limitation, the accuracy, effectiveness, completeness, timeliness, suitability, reliability, legality, decency, copyright compliance, or compliance with local, cultural, and legal norms of such third-party information or content. You are prohibited from distributing material from third-party websites without permission of the owner of the copyright or other intellectual property rights in such material. By providing access to other websites, we are not endorsing products or services offered by any other entity, and are not recommending the purchase or sale of the stock issued by any company. We disclaim all liability for the content of any website that may be linked to our website via hyperlink, whether such hyperlink is provided by Pure Knead or by another entity. Your use of linked websites is subject to the terms of use of those websites.

T. Copyright and Trademark:

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is owned by Pure Knead, with all rights reserved, or is the property of Pure Knead and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Pure Knead or is strictly prohibited. Visitors to this website agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Pure Knead. Pure Knead as well as logos and other marks representing Pure Knead, are proprietary marks of Pure Knead. Such trademarks may not be used in connection with any product or service that is not provided by Pure Knead or its duly authorized independent contractors. All other trademarks, if any, displayed on Pure Knead’s website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Pure Knead.

U. Restriction on Access:

You may not reverse look-up, trace, or seek to trace any information on any other user of, or visitor to, our Website, or any other customer of Pure Knead, or exploit this Website or the Web Content in any way for the purpose of revealing any personal identification or information, other than your own information. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of, or any other person’s use of, our Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Website or Pure Knead’s systems or networks, or any connected systems or networks.

By using or accessing this Website, you agree not to disrupt or intercept our electronic information posted on this Website or on any of our servers. You also agree not to attempt to circumvent any security features of our Website, and to abide by all applicable, local, state, federal, and international laws, rules, and regulations.

V. Notification of Claimed Copyright Infringement:

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Pure Knead designates the individual, identified in the section titled “Contact” below, as its agent for receipt of notifications of claimed copyright infringement.
W. Savings:

If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

X. Contact:

Pure Knead
13901 N 73rd St. #211,
Scottsdale, AZ 85260
Fax: 1(844)Knead-Me
info@PureKneadMassage.com

Y. Membership Agreement

Our Membership Agreement is between Pure Knead Massage, PLLC, referred to as the company, and monthly and yearly members, referred to as Members. By creating a membership online or over the phone for our monthly or yearly membership, clients agree to these Terms and Conditions and membership agreement. If you have booked your membership over the phone and disagree to our terms and conditions or membership agreement, you must cancel one hour after scheduling the service or prior to the appointment taking place, whichever is sooner to be refunded for the membership. The membership pricing will be reverted and the massage will be charged at the standard price. Pure Knead Massage has a four hour cancellation policy. All clients will be charged full price if they cancel with less than four hours notice prior to the appointment taking place. By agreeing to these terms and conditions, all clients acknowledge they allow a 15 minute window for the therapist to be late for the scheduled appointment due to any unforeseen road conditions that may occur. Massages cancelled due to a therapist arriving up to 15 minutes late will still be charged the full agreed upon price. Any breach of membership agreement will result in the loss of benefits of membership and these benefits. All prices will be reverted to standard single pricing. Any breach of Pure Knead Massage’s terms and conditions resulting from inappropriate behavior will result in the loss of all membership discounts and any credit on account will be deemed forfeited as liquidated damage. 

By booking a massage with Pure Knead Massage at our member rate, you are agreeing to Pure Knead Massage, PLLC membership agreement. Member acknowledges that Member has read this Agreement, and the additional Terms and Conditions, the current Membership Terms and Policies, which collectively comprise of this Agreement and which constitute the entire agreement of the parties. No other agreements, written or oral, exist between Member and Pure Knead Massage, PLLC. Changes to hours of operation or price increase are not grounds for early cancellation or refund. Member may cancel at any time. Upon cancellation all discounts shall cease and member will revert back to standard pricing structure. If cancellation takes place on the first of the month and client has been charged for membership, no refund will be given to client; credit will be applied to account for use at standard pricing rate. No refunds shall be given for previous charges or yearly membership. All yearly members must pay in full at time of booking. There are no refunds given for any portion of yearly membership. All monthly memberships automatically renew on the first of every month. All yearly memberships renew yearly. 

Subject to the following conditions: (1) The monthly and yearly membership shall be drawn on or about the date or dates of the Payment Schedule. The transactions on your credit card statement will constitute receipts for payment on your account. (2) If the regular payments set forth on the Payment Schedule should vary in amount, you are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, you agree to get this notice only when the payment would differ by more than $50.00 from the most recent payment. (3) The privilege of making payments under this arrangement may be revoked by the Company if any item is not paid upon presentation. (4) If this preauthorization payment arrangement is revoked for any reason, this does not release you from your obligation (Payment Schedule). (5) A service fee ($25) will be assessed and drafted for any credit card or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any monthly payment become past due. (7) This preauthorization payment arrangement shall apply to all members. 

All Members that book over the phone or online have agreed to Pure Knead Massage Membership Agreement. 

Z. Covid-19 Assumption of Risk 

COVID- 19 WARNING The Novel Coronavirus 2019 (COVID-19) is an extremely  contagious virus that spreads easily from person to person. COVID-19 infections have  been confirmed throughout the United States, including Arizona. Federal and state authorities recommend social distancing as well as wearing face coverings as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in Massage therapy puts you in direct contact with individuals, face to face and skin to skin contact will take place, you cannot keep a 6ft distance between you and the client. This could increase the risk of contracting COVID-19. Pure Knead Massage is recommending all therapists and clients follow CDC and state guidelines and implementing as many precautions as possible to prevent the spread of Covid-19. Despite these precautions, Pure Knead Massage in no way warrants or guarantees that Pure Knead Clients, Therapists and/or the Clients or Therapists family members will not be exposed to or contract COVID-19 through massage or contact with Pure Knead Massage Client’s and/or Therapists through massage therapy. Thus, Pure Knead Massage strongly discourages Clients or Therapists who are at high risk or who have family members who are at high risk for severe illness from continuing to massage or receive a massage. [For more information about who is at high risk for severe illnesses and how to prevent contracting and/or spreading COVID-19, please go to:  https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/index.html.]

AGREEMENT

By booking a massage online with Pure Knead Massage or over the phone with Pure Knead Massage, I acknowledge the contagious nature of COVID-19 and I voluntarily  assume the risk that I, my children and/or my family may be  exposed to and infected with COVID-19 while participating in massage therapy with Pure Knead Massage activities and that such exposure or infection may result in illness, personal injury, permanent disability, and/or death. I also understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Pure Knead Massage, Pure Knead Massage employees, family members, Clients, Partners, Hotels, and any other affiliate client or client’s family member of Pure Knead Massage. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury resulting from exposure to COVID-19 (including, but not limited to, personal injury, disability, and/or death) to myself, my children and my family. I understand that I am in charge of my own health and choices I make when receiving a massage. I understand it is my responsibility to self health screen, if for any reason I am not feeling well or have Covid-19 symptoms I will contact the office immediately to cancel my appointment. Due to the nature of Covid-19 I understand all 4-hr cancellation payment policies have been waived if cancellation is due to illness and I will no longer be charged if I cancel an appointment with less than four hours if I become ill with Covid-19 symptoms. I do understand if I cancel an appointment due to illness I will not be able to receive another appointment unless I’ve waited 14 days, 72hrs without symptoms. 

By booking this massage online or over the phone, I hereby release, covenant not to sue, discharge, and hold harmless Pure Knead Massage and its employees, therapists, agents, partners, clients, family members, and representatives, of and from any claims arising out of my children and/or my family’s exposure to COVID-19,  including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Pure Knead Massage and its employees, therapists, agents, partners, client’s, family members, and representatives, whether a COVID-19  infection occurs before, during, or after participation in a Pure Knead Massage Appointment. I willingly choose to have this massage and assume risk and accept all responsibility for my own actions.”


Welcome

Login To Gain Access