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Terms of Use Agreement

This Terms of Use Agreement provides the terms and conditions governing the use of Website. You agree to use Website in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below, as well as those listed throughout this Website.

This agreement is between Website, and all users. Unless the context requires otherwise, the Website, and/or their assigns shall be referred to as "Website, us, we, or our" and you shall be referred to as "you, your or subscriber."

Prices are subject to change at any time without notice.  In the event of a price change, you will have the option of cancelling your membership without penalty and refunding any unredeemed services. Discounts cannot be added on top of membership pricing and already discounted services or products. Discounts on services can only be applied the same day rendered.


Additional massages can be purchased at the membership price.  Memberships can be shared with immediate family members. Any unused services are valid for up to 12 months from date of purchase.  Upon termination or cancellation of your membership, all unredeemed membership services will expire after 12 months.


If you cancel any membership during the initial 6-month term, there will be a $39.99 fee.  After the first six months, there will be no fee and you may cancel your membership at any time.  The fee will be waived in the event you relocate your residence more than 25 miles away from Proactive Health and Wellness, however, proof of new address may be required.


You may cancel a massage appointment with no charge any time before 24 hours of the scheduled time.  If you cancel within 24 hours and we cannot rebook your scheduled appointment, you will be charged a $30 fee.  If you do not show up for your scheduled appointment and do not notify us, we will charge you the full session rate.


Your membership is auto-renewable. Following the initial term, your membership will automatically renew on a month to month basis until your membership is canceled.


ASSIGNMENT. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

GENERAL PROVISIONS. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement, along with any other policies stated on this website, constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within San Diego County, California, before instituting litigation.

MISCELLANEOUS TERMS. Our relationship is not one of agency or partnership and neither you nor us shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Website. You may not assign or transfer your rights to any third party. The terms and conditions in the Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If we fail to enforce any provision of the Terms of Use it shall not constitute a waiver of such provision. The Terms of Use may be modified only by us posting changes to the Terms of Use on the Website. Each time you access the Website, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under the Terms of Use. This agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of the Terms of Use, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. The Terms of Use, the Additional Terms, the attachments thereto, and the documents incorporated by reference, constitute the entire understanding between us regarding your access to, license and use of the Website and our Services, and they supersede any prior agreements, statements or representations with respect to the same.