I understand and expressly agree that my use of this CMS or any other CMS, involves the risk of injury to me or my guest whether caused by me or not. I understand that these risks can range from minor injuries to major injuries including death. In consideration of my participation in the activities and use of the facilities offered by CMS, I understand and voluntarily accept this risk and agree that CMS, its officers, directors, members, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to you, your spouse, domestic partner, guests, unborn child or relatives, resulting from the negligence of CMS. Accordingly, I do hereby forever release and discharge CMS from any and all claims, demands, injuries, damages, actions or causes of action. I further understand and acknowledge that CMS does not manufacture products and other equipment in its facilities, but purchases and/or leases equipment and therefore CMS may not be held liable for defective products or equipment. I understand my rights of not signing this agreement if there are any unfilled blanks and my rights of cancellation and the billing and refund policies. I further agree to comply with CMS membership policies and Spa rules that may be communicated to me from time to time either in writing, through Spa signage or verbally. CMS may, in its sole discretion, modify the policies and any Spa rule without notice at any time. CMS, in its sole discretion, reserves the right to terminate my membership immediately for violation of any membership policy, rule, or any other reason. By signing below, I acknowledge and agree to all the terms on the front and back of this agreement.
From time to time, CMS may contact its customers via telephone with prerecorded messages and/or text messages to deliver information regarding special offers and events, changes in spa facility hours, etc. on September 1, 2009, the Ftc implemented a rule banning phone calls that deliver prerecorded commercial messages unless a company obtains prior written approval from its customers. Unless you opt out of such calls by checking the box provided below, you hereby authorize CMS to contact you by phone with prerecorded messages and/or text messages regarding special offers and events and other information regarding CMS. You may terminate this authorization upon receipt of any such phone call by following the prompts in the prerecorded message.
NOTICE TO MEMBER: DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY.
ALSO, DO NOT SIGN THIS AGREEMENT IF IT CONTAINS ANY BLANK SPACES. YOU MAY TERMINATE
THIS AGREEMENT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE
EXECUTION OF THIS AGREEMENT (EXCLUSIVE OF HOLIDAYS AND WEEKENDS) BY MAILING A
CERTIFIED LETTER OR PERSONALLY DELIVERING WRITTEN NOTICE TO THE SPA AT THE ADDRESS AT
THE TOP OF THIS AGREEMENT. THE SPA MAY RETAIN AN AMOUNT EQUAL TO SERVICES RENDERED AT
COUTURE'S STANDARD RATE FOR SAID SERVICES NOT TO EXCEED THE AMOUNT PAID BY MEMBER. A
REFUND OF ANY AMOUNTS DUE AND OWING TO THE MEMBER UNDER THIS PROVISION SHALL BE
ISSUED WITHIN THIRTY (30) DAYS AFTER RECEIPT OF NOTICE OF CANCELLATION PROVIDED
PURSUANT TO THIS PROVISION.