Gift Certificate
Terms & Conditions
Welcome to Lovely Day Myofascial Release! This Terms and Conditions document (“Agreement”) serves to inform you of our policies and procedures and the terms and conditions of your use of and purchase of our services. It is a legally binding agreement, so please read closely and make sure you ask us if you have any questions. Throughout this Agreement, we may refer to you as the client receiving treatment (“you” or “You”), while “us” or “we” refers to Lovely Day Myofascial Release. We also abbreviate myofascial release as “MFR” throughout this Agreement. “Services” refers to all MFR sessions purchased by you from us.
I. TERM LIMIT AND REFUND POLICY
Gift certificates are valid for 2 years from the date of purchase. Appointments must be booked within this timeframe or are subject to lose their full value. All sales are final on purchase of gift certificates. There will be no refunds for any reason. Funds attributable to gift certificates may however be used for any services or items purchased at Lovely Day Myofascial Release LLC regardless of their originally intended purpose.
II. TERMINATION AND CANCELLATION OF AGREEMENT
In certain extraordinary circumstances, we may have to cancel ongoing Services, in which case we will provide you as much notice as possible and refund any paid fees. We reserve the right, at our sole discretion, to cancel this Agreement without refund of any fees paid if you are disparaging, derogatory, defamatory, abusive, uncooperative; if you fail to pay your outstanding balance after repeated requests; if you violate any other terms of this Agreement.
III. GOVERNING LAW/DISPUTE RESOLUTION
Both parties will strive to work out any disputes amicably. You agree that any claim or dispute at law or equity that has arisen between you and us (or any related third parties) that relates in any way to this Agreement will be resolved in accordance with the following provisions:
Applicable Law and Arbitration
You agree that the laws of Florida, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement. All disputes or claims that have arisen, or may arise, between you and us (or any related third parties) that relate in any way to or arise out of this or previous versions of the Agreement, our actions, or any Services purchased shall be resolved exclusively through final and binding arbitration, rather than in court. If for any reason, arbitration is not successful, you agree that any claim or dispute between you and us will be resolved exclusively by a state or federal court located in Hernando county, Florida. You agree to submit to the personal jurisdiction of the courts located within Hernando county, Florida for the purpose of litigating all such claims, disputes, or matters.
IV. TERMINATION AND CANCELLATION OF AGREEMENT
In certain extraordinary circumstances, we may have to cancel ongoing Services, in which case we will provide you as much notice as possible and refund any paid fees. We reserve the right, at our sole discretion, to cancel this Agreement without refund of any fees paid if you are disparaging, derogatory, defamatory, abusive, uncooperative; if you fail to pay your outstanding balance after repeated requests; if you violate any other terms of this Agreement.
V. FORCE MAJEURE
We will not be liable for failure or delay in the performance of our obligations under this Agreement for the period that said failure or delay is beyond our reasonable control, materially affects the performance of any of our obligations under this Agreement, and could not reasonably have been foreseen. Force majeure events contemplated include but are not limited to fire, flood, pandemic, hurricane, acts of God, and acts of governmental action prohibiting or impeding us from performing its obligations under this Agreement.
XIV. MISCELLANEOUS
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any portion of this Agreement is deemed to be void or unenforceable, that portion is severable from the Agreement and does not impact the enforceability of the remainder of this Agreement. This Agreement constitutes the entire agreement between you and us.