Terms & Conditions

INFORMED CONSENT

Massage and bodywork treatments use tactile soft tissue manipulation, joint mobilization, and/or self-care programs (as determined by our massage therapists) to assess and treat the soft tissue, muscles, and joints of the body. By signing the Agreement where indicated below, you are providing your express written consent to receiving such treatments, and you further acknowledge and agree with the following:

If at any time during your treatment you feel uncomfortable or believe your therapist’s words or actions to be inappropriate, you understand that it is your right to request an immediate stop to the objectionable activity, to end the treatment, or to request a modification of the treatment, regardless of any previous consent you may have provided.

You understand that your therapist will instruct you to disrobe to your level of comfort and that it is your choice and your responsibility to act accordingly.

You will communicate with your therapist about any discomfort that you experience during your treatment.

You understand and acknowledge Into The Muscles’ policies related to scheduling a treatment, canceling or rescheduling a treatment, the importance of being on time for scheduled treatments, and Into The Muscles’ cancellation fees.

You understand that Into The Muscles therapists will treat you respectfully, and the same is expected from you.

Into The Muscles therapists will not tolerate behavior or comments that are threatening, offensive, or otherwise inappropriate. Therapists reserve the right not to treat any guest, provided that their refusal to treat is lawful and non-discriminatory.

GENERAL RELEASE & LIABILITY WAIVER

By signing this Agreement where indicated below, you expressly agree to the following General Release and Liability Waiver. All references to “I” or “my” below shall refer to you, the guest.

I hereby give my consent to receive massage services and/or other bodywork or treatment (the “Services”) from Chris Kriya, LLC d/b/a Into The Muscles (“Into The Muscles”), performed by Christopher Medina p/k/a Kriya (“Massage Therapist”), and I acknowledge and agree that I am doing so at my own risk. My health and safety with respect to such Services are my sole responsibility. I acknowledge that my receipt of the Services from Into The Muscles may result in bodily injury or other harm to me. My decision to receive Services from Into The Muscles is voluntary, and I know of, understand, and assume any and all risks associated therewith.

In exchange for receiving the Services, I, for myself and on behalf of my heirs, executors, administrators, and personal representatives, hereby waive, release, discharge, and agree to indemnify and hold harmless Into The Muscles, and each of its members, officers, owners, parents, subsidiaries, affiliates, independent contractors, employees, consultants, attorneys, personnel, and agents (collectively, the “Indemnified Parties”) from and against any and all demands, claims, injuries (including, without limitation, personal injury, illness, disease, or death), legal or administrative proceedings, losses, liabilities, damages, penalties, liens, judgments, costs, or expenses whatsoever (including, without limitation, attorneys’ fees and costs), whether direct or indirect, known or unknown, foreseen or unforeseen, whether or not caused by any negligence on the part of any Indemnified Parties (collectively, “Claims”), that may arise on account of or in any way in connection with my receipt of the Services or otherwise while on the premises of Into The Muscles.

I acknowledge and understand that this waiver of liability includes any negligence of Into The Muscles and any other Indemnified Parties, excluding only intentional wrongdoing, willful misconduct, or any act or omission finally determined by a court of competent jurisdiction to be grossly negligent. I acknowledge and understand that this waiver is intended to be a complete release of any responsibility for personal injuries sustained by me or any guest while on the premises of Into The Muscles, whether using services, products, or equipment, or receiving the Services or not.

Further, I, for myself and on behalf of my heirs, executors, administrators, and personal representatives, hereby agree to indemnify and hold Into The Muscles, and each of the Indemnified Parties, harmless from and against any and all Claims that may arise on account of or in any way in connection with any injuries (including, without limitation, personal injury, illness, disease, or death) to other persons, or any damage to property, in any way caused by or attributable to me, whether negligent, intentional, or otherwise.

I acknowledge and understand that this waiver of liability covers and includes any transmission of, or exposure to, any contagious disease during the Services, even as a result of negligence on the part of the Indemnified Parties.

I understand that the Services are provided for the basic purpose of relaxation, stress reduction, and relief of muscular tension. I further understand that massage/bodywork should not be considered a substitute for medical examination, diagnosis, or treatment, and that I should see a physician, chiropractor, or other qualified medical specialist for any medical condition or physical ailments. Because massage/bodywork should not be done under certain medical conditions, I affirm that I have stated all my known medical conditions above in writing to Into The Muscles and any massage therapist, and answered all questions asked of me in writing or orally, honestly and completely. I agree to keep Into The Muscles and any massage therapist updated as to any changes in my medical profile, and I understand and agree that there will be no liability on the part of Into The Muscles or any Indemnified Party providing the Services should I fail to do so.

I certify that I have read the provisions of California Civil Code Section 1542 and have had an opportunity to consult with legal counsel regarding that section. I waive any and all rights under California Civil Code Section 1542, which states:

AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

Agreement to Arbitrate

As used in this Agreement to Arbitrate section, “Into The Muscles” shall include Chris Kriya, LLC, and any of its affiliates, employees, owners, agents, representatives, assigns, or service providers.

You and Into The Muscles agree that any dispute, claim, or controversy (“Claim” or “Claims”) relating in any way to this Agreement, or the products or services provided by Into The Muscles, will be resolved through BINDING ARBITRATION rather than in court, with the following exceptions:

Either you or we may assert Claims in small claims court if jurisdiction is appropriate in such courts.
Either you or we may assert Claims seeking equitable or injunctive relief in the state or federal courts located in the county where your service took place; provided, however, that any individual Claims will still be subject to arbitration.
In the event the Agreement as a whole is found by a judge in a court of law not to be subject to arbitration, then you and Into The Muscles agree and consent to the exclusive jurisdiction of the state or federal courts located in the county where your service took place and waive any objection based on venue or forum non conveniens with respect to jurisdiction therein.

The Agreement to Arbitrate, as described herein, shall be governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this Agreement to Arbitrate and all of its provisions, including, without limitation, the Class Action Waiver discussed below. State arbitration laws do not govern in any respect.

The parties intend for this Agreement to Arbitrate to be interpreted broadly and to survive termination of the Agreement for any reason. A judge in a court of competent jurisdiction, and not the arbitrator, shall be permitted to interpret and determine the validity of the arbitration provision, including unconscionability.

You and Into The Muscles agree that this Agreement to Arbitrate has been included to rapidly and inexpensively resolve any Claims between the parties and that this section will be grounds for dismissal of any court action commenced with respect to this Agreement, except as specifically described above. You and Into The Muscles each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so.

This Agreement to Arbitrate will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). With the exception of the Class Action Waiver (described next), if any other provision of this Agreement to Arbitrate is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Agreement to Arbitrate.

Class Action Waiver
You and Into The Muscles each agree that the arbitrator shall not consolidate more than one person’s claim, and shall not otherwise preside over any form of representative or class action proceeding, and that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action.

YOU AND INTO THE MUSCLES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING.

If this Class Action Waiver provision is found to be unenforceable, then the entirety of this Agreement to Arbitrate section shall be deemed null and void, and neither of us will be entitled to arbitrate our dispute.

Your Opt-Out Rights
You have the right to reject this Agreement to Arbitrate, but you must exercise this right promptly as set forth herein. If you do not wish to be bound by the Agreement to Arbitrate, you must notify us in writing within thirty (30) days after the date you sign the Agreement.

You must send your request by email to kriya@intomuscles.com. The request must include your full name, address, and the statement: “I reject the Arbitration Agreement contained in my Agreement.”

If you exercise the right to reject arbitration, the other terms of this Agreement will remain in full force and effect as if you had not rejected arbitration.