Terms & Conditions
Welcome to the website of Subtle Arts & Bodywork (the “Website”, or "We"). Subtle Arts & Bodywork is a provider of massage therapy, psychic, life coaching, and Reiki healing services. Izzy Davidson is the sole provider of these services ("provider"). We appreciate 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.
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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 at Subtle Arts & Bodywork'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 Subtle Arts & Bodywork through the Website.
In consideration of use of this website and booking massages and/or related services from Subtle Arts & Bodywork, you ("Customer") agree to all of the following terms and conditions:
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A. Booking and General Notices:
Customer is booking services with Subtle Arts & Bodywork and shall not use a false name to book this massage or any other service.
Customer will in no way try to engage the provider in any sexual manner during any services. Customer understands that these services are intended for therapeutic or self-improvement purposes only. In the event Customer attempts to engage the provider 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 13 or older are permitted to access this website and only persons 18 and older are permitted to book services. Subtle Arts & Bodywork and its provider do not provide services to minors.
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B. Rates and Services:
Your total price for the services and/or products selected for purchase will be stated on your online purchase receipt and the booking website. Terms of payment are to be made to Subtle Arts & Bodywork, and/or its provider, through its booking service, Venmo, or in cash. Payment for the products must be made by credit card or cash, unless specifically agreed to by the provider. All prices are in U.S. Dollars. Your credit card is processed immediately upon an appointment's completion, and Subtle Arts & Bodywork does not personally store credit card numbers. Your information is stored by the booking website and falls under the terms & conditions related to the use of that site (Fresha.com). 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.
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All services are to be paid for upon their completion, unless otherwise allowed by the provider (ie. memberships or packages). Any price quotes given by Subtle Arts & Bodywork will be valid for the period stated on the quote.
Subtle Arts & Bodywork reserves the right to amend or to modify its rates and services.
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C. Informed consent:
Customer understands that Massage, or Bodywork, is intended to enhance relaxation, reduce pain caused by muscle tension, increase range of motion, and improve circulation. Customer understands that specialized massage services, such as Lymphathic Drainage, Cupping, or CranioSacral, have specific benefits and equally specific after-care requirements. Customer understands that it is their responsibility to ask the provider to clarify anything they do not understand about the service they are receiving. Customer understands that Customer is responsible to inform Customer’s provider 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 understands that Massage therapy is not a substitute for medical treatment or medications, and that it is recommended that Customer concurrently work with your 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 massage therapist of all of Customer’s known physical conditions, medical conditions, medications, recent surgeries, and Customer will keep their provider updated on any changes.
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Customer also understands that psychic services, astrological services, and life coaching services are intended to inspire personal development, expansion, and insights about Customer to the Customer. It is important to establish that these services are intended for entertainment purposes only and that they cannot and do not claim to stand in for medical, psychiatric, financial, or legal advice or services.
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D. Customer-Provided Facilities:
As Subtle Arts & Bodywork 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 Subtle Arts & Bodywork nor its provider 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 the provider deems unsuitable or unsafe, the provider may terminate the booking and refuse to provide the requested service. In such an event, Customer shall remain responsible to pay the full service fee and there shall be no proration or refund, unless otherwise agreed to by the provider.
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E. Payment:
Payment is to be made directly to Subtle Arts & Bodywork via its booking website (Fresha.com), unless paid via Venmo or in cash. If you are in a hotel, business or high rise condo with very little parking, then you will be charged for the provider’s parking for the duration of the massage.
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F. Refund policy:
Once an appointment is booked, Customer will be notified via confirmation text from our booking website (Fresha.com). Cancellations that take place less than 6 hours prior to the scheduled service time will still require payment for 50% of the appointment cost. If Customer no-call, no-shows (or cancels an appointment without any notice or contact), then Customer will be responsible for 100% of the appointment cost, even if there was previously a discount on the service.
Please allow a 10 – 15 minute leeway time for traffic or unforeseen road conditions that may delay the provider. Prior to the appointment, please make sure that your provider has your accurate address and proper location directions so that they can reach you safely and in a timely manner. You may add this information in our booking site (Fresha.com).
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G. 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 for suppling Subtle Arts & Bodywork with a valid email address. We are not held responsible if the email address is not valid. We will be happy to email the certificate again once Customer has given us a valid email address. We will not refund the gift certificate due to missing or wrong information.
Gift certificates are valid for the length of 3 years. Upon expiration, no refund will be provided if the gift certificate was never used.
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H. Automatic Data Collection and Privacy Policy:
Subtle Arts & Bodywork's website contains 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. We will not ever sell or give away Customer name, billing address, phone number, email address or any other personal information. Unless otherwise requested, by providing Subtle Arts & Bodywork with personal information, Customer consents to receive electronic notices from Subtle Arts & Bodywork and/or its provider, such as newsletters, specials and products.
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All billing information and credit card information is kept by our booking website, Fresha.com. Subtle Arts & Bodywork does not keep any PHI (personal health information) or billing information for any reason outside of these services (Fresha.com).
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Subtle Arts & Bodywork does employ other companies to provide limited services on its behalf, including services such as advertising, mailing, answering customer questions about schedules or services and processing event registration and credit card payments. We will only provide those companies the information they need to deliver to the Customer excellent service, and they are strictly prohibited from using that information for any other purpose.
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Subtle Arts & Bodywork 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 processes served on Subtle Arts & Bodywork or the site;
(b) protect and defend the rights or property of Subtle Arts & Bodywork, its provider, and its family of Websites, and,
(c) act in urgent circumstances to protect the personal safety of any Customers and/or users of the Website.
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I. Data Security:
Subtle Arts & Bodywork 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.
Subtle Arts & Bodywork does not store your credit card information on our website. All of your credit card information is stored by our booking site, Fresha.com. We don't have memberships or Member Services on Wix.com, at this time.
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J. Notice To Parents Regarding Children’s Privacy:
Subtle Arts & Bodywork takes children’s privacy seriously and we do not seek to collect personal information about children through our Website. If we become aware that a person submitting personal information through any part of our Website is a child, we will delete the information and do what we can to prohibit that individual from accessing our website.
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K. Disclaimer:
This website is offered as a service to provide general information about the Services of Subtle Arts & Bodywork 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 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.
Subtle Arts & Bodywork believes all forward-looking statements, claims, and representations in the content of this Website were true at the time they were written. While every effort is made to update information contained on this Website, neither we, 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 Subtle Arts & Bodywork, its provider, 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. We also do not claim that any of the information presented on our website is able to replace medical, legal, psychiatric, or other professional advice.
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L. Choice of Law and Choice of Venue:
Any dispute arising from use of Subtle Arts & Bodywork’s website or services is exclusively subject to the laws and statues of the state of Texas. Venue for resolution of any dispute with Subtle Arts & Bodywork will take place in Travis County, Texas.
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M. Indemnity and Hold Harmless:
Customer shall defend, indemnify and hold harmless Subtle Arts & Bodywork, 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 Subtle Arts & Bodywork or its provider or by any physical impairment of the Customer's not fully disclosed to Subtle Arts & Bodywork in writing. Furthermore, Customer agrees to defend, indemnify and hold Subtle Arts & Bodywork and its directors, officers, instructors, and employees harmless from 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 participation in any massage and/or related activities connected therewith, regardless of whether there is active or passive negligence or fault on the part of Subtle Arts & Bodywork, its directors, officers, instructors, or employees.
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O. Consent:
When Customer uses SubtleArts.Guide, Customer is indicating that Customer’s agreement with our terms and conditions and accepts our privacy policy. If for some reason Customer believes Subtle Arts & Bodywork has not adhered to these principles, please notify us.
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P. Unsolicited Communications:
It has been, and remains, Subtle Arts & Bodywork’s policy not to accept or consider ideas, suggestions or materials other than those that we have specifically requested from you.
Accordingly, we do not want you to, and you should not, send any confidential or proprietary information to us through the Site unless specifically requested by us. Please note that any unsolicited information or material sent to us through unofficial channels (such as comments, social media, unsecured email, etc.) will be deemed not confidential or proprietary. Please only send us confidential information through protected and/or encrypted methods of contact.
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By submitting this non-confidential information and material to the Site, you automatically grant to us (or warrant that the owner of such information and material has expressly granted to us) 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 we are free to use any ideas, concepts, know-how, or techniques that you send us for any non-confidential purpose.
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As further provided above, we do 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 be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from sharing such information.
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Q. 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.subtlearts.guide; The link must not frame any of our Website content; The link must state that it leads to the website of “Subtle Arts & Bodywork”; and the link and linking website must not falsely represent or suggest any relationship between the linking website or the linking sponsor’s products and Subtle Arts & Bodywork (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 us.
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We reserve the right to revoke any limited license granted to a third party to use specific links at any time. If we revoke this license, you agree to immediately remove all links to this Website.
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R. 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 us or by another entity. Your use of linked websites is subject to the terms of use of those websites.
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S. Copyright and Trademark:
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is developed with Canva and owned by Subtle Arts & Bodywork, with all rights reserved, or is the property of us 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 Subtle Arts & Bodywork 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 Subtle Arts & Bodywork. Subtle Arts & Bodywork, as well as logos and other marks representing us, are proprietary marks of the Company. Such trademarks may not be used in connection with any product or service that is not provided by Subtle Arts & Bodywork or its provider. All other trademarks, if any, displayed on our 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 us.
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T. 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 Subtle Arts & Bodywork, 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 our systems or networks, or any connected systems or networks.
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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.
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U. Notification of Claimed Copyright Infringement:
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, we designate the individual, identified in the section titled “Contact” below, as its agent for receipt of notifications of claimed copyright infringement.
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.
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V. Contact:
Subtle Arts & Bodywork
Attn: Izzy Davidson
Phone: (512) 953-7077
izzy@subtlearts.guide
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X. Covid-19 Assumption of Risk:
Coronavirus (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 Texas. 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 and Reiki healing puts you in direct contact with individuals. Skin to skin contact will take place so you cannot keep a 6ft distance between you and the provider. This could increase the risk of contracting COVID-19. Subtle Arts & Bodywork is recommending all providers and clients follow CDC and state guidelines and implementing as many precautions as possible to prevent the spread of Covid-19.
Despite these precautions, Subtle Arts & Bodywork in no way warrants or guarantees that our clients, providers and/or family members will not be exposed to or contract COVID-19 through massage or contact with our clients and/or providers through massage therapy. Thus, we strongly discourage Clients or Providers 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 Subtle Arts & Bodywork, or over the phone with us, 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 or other 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, Subtle Arts & Bodywork, our employees, family members, Clients, Partners, Hotels, and any other affiliate client or client’s family member of Subtle Arts & Bodywork. 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 6-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.
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By booking a service over the phone, I hereby release covenant not to sue, discharge, and hold harmless Subtle Arts & Bodywork and its employees, providers, 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 Subtle Arts & Bodywork and its employees, providers, agents, partners, client’s, family members, and representatives, whether a COVID-19 infection occurs before, during, or after participation in a Subtle Arts & Bodywork appointment. I willingly choose to have this massage and assume risk and accept all responsibility for my own actions.”
