TERMS OF USE

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, ANY DISPUTES UNDER THESE TERMS WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW.

1. Introduction and Acceptance of Terms

Welcome to the website of Tokpa Massage Therapy, PLLC (“we,” “us,” or “our”). By accessing our website, booking an appointment, or receiving services from us, you agree to these Terms of Use (“Terms”). If you do not agree to these Terms, please do not use our website or services.

2. Purpose of Website and Services

Our website provides general information about our massage therapy services, allows for online appointment scheduling, and may offer access to client records or communications. All information on the website is for informational purposes only and does not constitute medical advice.

3. Eligibility

You must be at least 18 years old to use this website or to schedule or receive services. By using the website or booking services, you represent and warrant that you are at least 18 and, if booking for another person, that they also meet this age requirement.

4. Booking, Payment, and Cancellation

• Appointments can be scheduled online or by contacting us directly.

• Payment is collected electronically at the time of booking. We do not have access to your full payment information.

• All payments are final unless otherwise stated in our cancellation policy.

• Cancellations must be made at least 24 hours in advance. Late cancellations or no-shows may incur a fee up to the full session price.

• We reserve the right to cancel or refuse appointments at our discretion. If we cancel or refuse your appointment for reasons other than your violation of these Terms or your inappropriate conduct, any payment collected will be fully refunded. If cancellation or refusal is due to your violation of these Terms or your inappropriate conduct, no refund will be issued.

• If you book an appointment on behalf of another person, you represent and warrant that you have their authorization to do so and that they meet all eligibility requirements. The recipient of the service must complete all required intake forms, provide informed consent, and review and accept certain terms and conditions before receiving services. The person booking the appointment is responsible for payment and for complying with the cancellation and refund policies.

5. Packages, Gift Certificates, and Prepaid Sessions

Packages, gift certificates, and prepaid sessions may be subject to additional terms and conditions, including expiration dates, refund policies, transferability, and extension options. The specific terms applicable to each purchase will be presented at checkout or at the time of sale. In the event of any conflict between these Terms of Use and the terms provided at checkout, the checkout terms will control for that purchase.

6. Health Information and Client Responsibilities

• Before receiving services, you will be asked to complete intake forms and share information about yourself, including medical history and physical conditions. This information is used solely to provide appropriate services and is handled in accordance with our Privacy Policy.

• You agree to provide complete and accurate information. If you withhold relevant health details, we may be unable to provide services safely.

• For prenatal massage, you must confirm your pregnancy status and provide details regarding your stage of pregnancy and any complications. You may also be required to provide written medical clearance from your healthcare provider before receiving prenatal massage services.

• If you are the recipient of an appointment booked by someone else, you must personally complete all required intake forms and provide accurate health information before receiving services.

• We may decline or modify services for any client if there are contraindications, safety concerns, or if required documentation is not provided.

7. Client Conduct and Acceptable Use

• Clients must maintain appropriate hygiene, arrive on time, and treat staff and other clients with respect.

• Disruptive, inappropriate, or unsafe behavior will result in immediate termination of the session and possible refusal of future services.

• You agree not to use the website for any unlawful purpose, attempt to gain unauthorized access to our systems or client data, transmit harmful or disruptive code, or misrepresent your identity or health status.

• We reserve the right to suspend or terminate your access to the website or services for any violation of these Terms.

8. Scope of Practice and Health & Safety

• We provide non-medical massage therapy and related wellness services. While we may recommend or demonstrate exercises and stretches to support your wellness goals, we do not diagnose medical conditions, provide medical treatment, or prescribe medications.

• All clients must complete a health intake form and sign an informed consent before receiving any services.

9. Intellectual Property

All content, graphics, logos, text, images, software, and other materials displayed on the website or that we provide, including the design, layout, and look and feel (“Content”), are our exclusive property, or the exclusive property of our licensors, and are protected by copyright, trademark, and other intellectual property laws. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, or used for any commercial purpose without our prior express written consent. Any unauthorized use of the Content is strictly prohibited and may result in civil liability and, in certain cases, criminal penalties.

10. Privacy and Data Security

Your use of our website and services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our website or services, you consent to our collection and use of your information as described in the Privacy Policy.

11. Disclaimers and Limitation of Liability

• Massage therapy is not a substitute for medical diagnosis or treatment. No medical advice is provided.

• Services are provided for relaxation and wellness purposes only.

• The website is provided “as is” and “as available” without warranties of any kind. We do not guarantee that the website will be uninterrupted or error-free, and we disclaim all warranties, express or implied, including but not limited to fitness for a particular purpose.

• You are responsible for informing us of any allergies or sensitivities to oils, creams, lotions, or other products that may be used during massage therapy. We are not liable for allergic reactions or adverse effects resulting from undisclosed allergies or sensitivities.

• Any exercises or stretches recommended or demonstrated by us are intended for general wellness purposes only. You are responsible for performing any exercises or stretches safely and within your own physical limits. We are not liable for any injury or adverse effect resulting from your performance of exercises or stretches outside of our direct supervision.

• We are not responsible for illness or adverse health events that occur after a session, except to the extent caused by our gross negligence or willful misconduct.

• For in-home sessions:

○ You are responsible for providing a safe and suitable environment for massage therapy, including any equipment (such as a massage table) or furniture you supply. We are not liable for injuries, property damage, or accidents resulting from the use or failure of client-provided equipment, unsafe premises, or conditions beyond our control.

○ If we provide equipment (such as a massage table), we are not liable for injuries or property damage, unless caused by our gross negligence or willful misconduct.

○ You are responsible for protecting your furniture and belongings from potential spills or stains from oils, creams, or other products used during the session.

• To the fullest extent permitted by law, we, our owners, employees, contractors, and agents are not liable for any injury, loss, or damages arising from your use of our website or services, or reliance on any content, including in connection with third-party platforms.

• We, together with our owners, employees, and contractors, reserve the right to refuse, modify, or discontinue services at any time if, in our professional judgment, proceeding would present a health or safety risk—including, but not limited to, situations involving pregnancy, undisclosed health conditions, or lack of required medical documentation. You acknowledge that massage therapy involves certain inherent risks, including risks specific to pregnancy or pre existing health conditions, and you agree to assume such risks to the extent permitted by law.

12. Indemnification

You agree to indemnify and hold harmless us, our owners, employees, contractors, agents, and affiliates from and against any claims, damages, losses, or expenses arising from your violation of these Terms, your unlawful conduct, or your intentional misconduct in connection with your use of our website or services. This indemnification does not apply to claims arising from our or our staff’s negligence or willful misconduct.

13. Dispute Resolution

In the event of any dispute, claim, or controversy (“Dispute”) arising out of or relating to these Terms or the services provided, the parties shall first attempt in good faith to resolve the Dispute through mediation with a neutral third party in New York County, New York. The parties shall attempt to agree on a mediator within ten (10) business days. If the parties are unable to agree on a mediator within that time, or if the Dispute is not resolved through mediation within thirty (30) days after the first mediation session (or such other period as the parties may mutually agree in writing), either party may initiate binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in New York County, New York, in the English language. The arbitrator’s decision shall be final and binding, and judgment may be entered upon such decision in any court having jurisdiction. The prevailing party in any mediation or arbitration shall be entitled to recover reasonable attorneys’ fees and costs incurred in connection with the Dispute.

14. Termination

We reserve the right, in our sole discretion and without notice, to suspend, restrict, or terminate your access to the website or services, or to refuse to provide services, at any time and for any reason, including but not limited to violation of these Terms, unsafe or inappropriate conduct, suspected fraud or misuse, or as otherwise permitted or required by law. We also reserve the right to remove or disable any account, information, or content that, in our judgment, violates these Terms or may harm the business, other users, or third parties.

15. Changes to Terms

We may update these Terms from time to time. Any changes will be effective when posted on our website with a revised “Effective Date.” Your continued use of the website or services after any changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

17. Contact Information

For questions or concerns about these Terms, please contact:

Tokpa Massage Therapy, PLLC

Email: jess.solorzano.lmt@gmail.com

Phone: 646-259-5574