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Terms, Conditions and Privacy Policy

  1. Terms and Conditions

Between Musclefix Pty Ltd (A.C.N. 132 595 049) as trustee for Musclefix Trust (Musclefix)
And the Client
Collectively, the Parties

  1. Terms and Conditions. The parties agree to the following terms and conditions. a. The Client is engaging Musclefix for massage services, which may include the use of stainless steel massage tools.
    b. The Client agrees to sign the attached Informed Consent and Assumption of Risk and Release of Liability.
    c. The Client agrees to inform Musclefix and his/her therapist of any and all conditions, medical or otherwise.
  2. Cancellation of Appointment. The Client shall provide at least twenty-four (24) hour notice of any necessary cancellation of a scheduled appointment. Failure to provide at least twenty-four (24) hour notice shall result in the Client being charged the full rate for the cancelled/missed appointment. Musclefix will endeavor to also provide the Client twenty-four (24) hour notice of any scheduled appointment that may need to be cancelled; however, there may be instances where this is not practicable.
  3. Late Arrival. If the Client arrives late, the session may be shortened in order to accommodate other whose appointments follow.  Depending on how late the Client arrives, the therapist will determine if there is enough time remaining to start a treatment.  Regardless of the length of treatment actually given, the Client will be responsible for the full cost of the session. 
  4. Inappropriate Conduct. Under no circumstances will sexual comments or advances, or aggressive comments, or gestures be tolerated.  Anything of this nature will result in termination of the appointment, with full payment expected.
  5. Indemnity. The Client agrees to indemnify and hold harmless Musclefix and its therapists for any injuries, illnesses, and the like experienced as the result of treatment provided during an appointment. 
  6. Warranties. Musclefix makes no representations and/or warranties that massage therapy is a substitute for medical examination or diagnosis. It is recommended that a physician be seen for that service. 
  7. Entire Agreement. This document together with the Informed Consent and Assumption of Risk and Release of Liability reflect the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both Musclefix and the Client.
  8. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
  9. Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above. The Parties each represent that they have the authority to enter into this Contract.
  10. Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
  11. Waiver. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
  12. Applicable Law. This Contract shall be governed and construed in accordance with the laws of the state where the Property is located, without giving effect to any conflicts of laws provisions. 


ATTACHMENT 1

INFORMED CONSENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY

This Informed Consent and Assumption of Risk and Release of Liability is entered into on _________________ 2021 and is material to Musclefix Terms and Conditions and is incorporated herein by reference.

  1. I understand that massage therapy is provided for stress reduction, relaxation, relief from muscular tension and improvement of circulation.
  2. I understand that the services offered are not a substitute for medical care. I understand that my therapist is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.
  3. If I experience pain or discomfort during the session, I will immediately inform my therapist so that pressure/strokes can be adjusted to my level of comfort. I will not hold my therapist responsible for any pain or discomfort I experience during or after the session.
  4. I affirm that I have notified my therapist of all known medical conditions and injuries.
  5. I agree to inform the therapist of any changes in my health and medical condition. I understand that there shall be no liability on the therapist’s part should I forget to do so.
  6. I assume all risks to my person which may ensure during or subsequent to the treatment and release Musclefix from and indemnify it against any claims in respect of same.
  7. I understand that massage is entirely therapeutic and non-sexual in nature.
  8. By signing this release, I hereby waive and release my therapist from any and all liability, past, present, and future relating to massage therapy.

 

PRIVACY POLICY – COMMITMENT TO YOUR PRIVACY

This site is owned and operated by Musclefix Pty Ltd. Your privacy on the Internet is of the utmost importance to us. At Musclefix, we want to make your experience online satisfying and safe. Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it. 

INFORMATION MUSCLEFIX GATHERS AND TRACKS

Musclefix gathers two types of information about users: Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and from participation in polls and surveys: Information Musclefix gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to readers’ needs and to help our advertisers and sponsors better understand the demographics of our audience. Because Musclefix derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping our service free to users. Under no circumstances does Musclefix divulge any information about an individual user to a third party. 

Musclefix Gathers User Information In The Following Processes: Optional Voluntary Information We offer the following free services, which require some type of voluntary submission of personal information by users: 

1. Electronic newsletters policy (Dispatches) We will offer a free electronic newsletter to users. Musclefix gathers the email addresses of users who voluntarily subscribe. Users may remove themselves from this mailing list by following the link provided in every newsletter that points users to the subscription management page. Users can also subscribe to the newsletters at the time of registration. 

2. Message boards/forums policy Users of the site’s Message Boards and Forums must register separately for these services (both are free of charge) in order to post messages, although they needn’t register to visit the site. During registration the user is required to supply a username, password, and email address. 

3. “E-mail this to a friend” policy Our site users can choose to electronically forward a link, page, or documents to someone else by clicking “e-mail this to a friend”. The user must provide their email address, as well as that of the recipient. This information is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose. 

4. Polling We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. Musclefix may use a system to “tag” users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users. 

5. Surveys Musclefix may occasionally conduct user surveys to better target our content to our audience. We sometimes share the aggregated demographic information in these surveys with our sponsors, advertisers and partners. We never share any of this information about specific individuals with any third party. Children Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent. Usage tracking UVP P/L tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. Musclefix does break down overall usage statistics according to a user’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user’s browser). Musclefix sometimes tracks and catalogs the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. Cookies We may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites. Musclefix uses cookies to track user traffic patterns (as described above). Our advertising system delivers a one-time cookie to better track ad impressions and click rates. You can refuse cookies by turning them off in your browser. If you’ve set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you do need cookies to participate actively in message boards, forums, polling and surveys.

USE OF INFORMATION 

Musclefix uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users. As stated above, we use information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls, surveys, message boards, and forums. We send out newsletters to subscribers on a regular schedule (depending on the newsletter), and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. Musclefix never shares newsletter mailing lists with any third parties, including advertisers, sponsors or partners. When we use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of many measures of what interests our users. But we don’t track which terms a particular user enters. Musclefix creates aggregate reports on user demographics and traffic patterns for advertisers, sponsors and partners. This allows our advertisers to advertise more effectively, and allows our users to receive advertisements that are pertinent to their needs. Because we don’t track the usage patterns of individual users, an advertiser or sponsor will never know that a specific user clicked their ad. We will not disclose any information about any individual user except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public. 

SHARING OF THE INFORMATION 

Musclefix uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience’s demographics. This is essential to keeping our service free. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public. 

SECURITY

Musclefix operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers. 

OPT-OUT POLICY

We give users options wherever necessary and practical. Such choices include: Opting not to register to receive our electronic newsletters. Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users YOUR CONSENT By using this site, you consent to the collection and use of this information by Musclefix. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.