T. O. S.

Terms of Service

Last updated:  17 June, 2020

OVERVIEW

This website is operated by bodyworkToronto. Throughout the site, the terms “we”, “us” and “our” refer to bodyworkToronto. bodyworkToronto offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY INCLUDING FOR EXPOSURE TO COVID-19

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall bodyworkToronto, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, exposure to the the novel corona virus which is the pathogen causing the lung disease referred to as “COVID-19”, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless bodyworkToronto and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the bylaws of the City of Toronto, the laws and statutes of the province of Ontario and/or Canadian Federal law, as appropriate.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at david@bodyworktoronto.ca.

Services: Type and intended clientele

My practice is a private massage / bodywork service intended for men only.

Other than offering my services exclusively to men, I do not discriminate on the basis of sexuality, age, appearance, race, disability, or any other status protected by the Ontario Human Rights Code or Canadian law.

Appropriate Services

My services are for relaxation / general well-being.  Although they may have therapeutic benefits, I am not guaranteeing that this will be the case.

I make every reasonable effort to provide appropriate services to my client according to my knowledge and experience, and in a clean, safe, secure and private environment.  

If I feel unqualified to deal with a certain situation or problem, I will inform the client immediately; and refrain from treating conditions that lie outside my area of expertise.

I do not guarantee any specific results.  Many factors come into play in a shiatsu or massage session over which I have no control, including the health condition of the client in general and at the moment of  treatment.

I am not a medical practitioner.  My services are offered for interest and enjoyment only and my intent is to provide clients with a service that may improve your overall relaxation and also may enhance your well-being. No marketing copy or other content on this site, nor any statement made by me during conversation with you, should be understood as offering cures or medical treatments for any specific condition, or as guaranteeing any specific result.


Privacy and confidentiality

I will protect the privacy of your identity, your information, and your person.  I will as a matter of policy keep all client information confidential and secure, meaning:

My cellphone and computer on which I store and/or use any such information are accessible only to me and are protected with strong passwords; I will not verbally or in writing share such personal information with ANY third party.

Use of cell phones / email addresses: Your communication with me on a cell phone or via email will indicate, unless you explicitly state otherwise, that I may freely communicate with you using that cell phone number and/or email for the purposes of arranging your session and following up. If you must not be contacted, it is your sole duty to inform me of this.

Privacy of the session space: All sessions are by appointment only, and my premises are private.  “Private premises” means that:  no one can enter my premises without my knowledge and unless they have been invited here by me at a specific time.  My premises are not publicly accessible.

What I guarantee in terms of session privacy: I guarantee that the session space will either be in a self-contained room behind closed doors OR another space in my premises that I in my sole discretion deem private. I also guarantee that no one except the client and myself will enter the treatment space during the session.

By attending a session, you indicate your agreement with this specific and limited definition of the private session space which I will provide.

What I guarantee in terms of the session location:

From time to time, I make changes to the treatment space, for example by decorating and painting, and during those times I may relocate the treatment space to a different area of my premises. 

Please note: The video that is available for you to view by following the link on this site was created several years ago and it reflects the decor and ambience of my studio at that time.  I am not representing that this is the exact layout, decor or ambience of my current treatment space.

Regardless of the reasons, by booking an appointment, you are booking my services, not a specific set up or location.


Special offers:  a.k.a. “Deals”

Read the offer carefully to understand who it is targeted to. I am not obligated to, and will not honor offers that contain typos or errors, or ones that have clearly expired.


Fees, payments, appointments and cancellations

Fees:

Fees are non-negotiable

My prices reflect my own assessment of the value of my services,  and my assessment has been been validated many times over by a full roster of clients who willingly pay these fees. Therefore, on principle, and in fairness to my existing clients, I do not negotiate my fees.

If you want a more economical option, please consider » booking a package, which saves you up to $60.

Cancellations:

Fees are non-refundable.
I do not refund fees or deposits paid, however, if you cancel with enough notice I will always reschedule any appointments you are entitled to, and any that I have cancelled.

“No-fault” cancellation policy: This policy is offered as as goodwill value-add and incentive for my prepaid clients.

  1. It has no monetary value,
  2. It does not represent any portion of the fees paid for packages, and
  3. I reserve the right to charge for cancellations depending on the circumstances.

CANCELLATIONS:
Please inform me that you can’t make it to your appointment with as much notice as possible.

 NO-SHOWs: If you “no-show” (do not attend and do not notify me at all) you will be liable for the cost of the session.

If I miss or cancel the appointment: I will always offer a reschedule and of course there is no penalty. 


NO-SHOWs: At my sole discretion, I may count you as a no-show any time from the start of your appointment time to 15 minutes past your appointment time, depending on the situation. 


Fees are non-negotiable

My prices reflect my own assessment of the value of my services,  and my assessment has been been validated many times over by a full roster of clients who willingly pay these fees. Therefore, on principle, and in fairness to my existing clients, I do not negotiate my fees.

Fees for outcalls / out of town bookings

I do not normally require pre-payment for outcalls within Toronto; however, please read the above cancellation policy, which applies.

Out of town client: I will always require pre-payment for out of town customers, as well as travel fees (which we will discuss when setting up your time.


Punctuality

All sessions, whether or not you are on time for the appointment, will finish on time using the full timeframe offered, which is 90 minutes. 

Example:  You are booked for a regular session at 2PM.  You arrive at 2:30. Your session will finish no later than 3:30.


 

Evenings, Weekends, Holidays:  

How to book

If you would like an appointment for any time after 6 PM, send me your appointment request BY 5 PM.   

If booking for a holiday or weekend in the day:  

If you can, check on my availability in my calendar.  Even better, text, call or send email in advance (the previous evening or early in the day for text/calls; a day or two in advance for email).


Requests for information:

Before you call and say “describe your service”, or ask detailed questions about what you will or will not experience, have a look at this website, including the blog posts, and my video in particular.  Then, if there’s any info missing, I’ll be glad to fill you in.  

You are also welcome to email me at david@bodyworktoronto.ca, but, again, please do a survey of this site first.

There is nothing comparable to actually coming for an appointment.  I can’t predict if you will enjoy the session or not.  That depends on many factors.  



Any new experience requires a little risk and a leap of faith.  I hope that the information presented here, and the fact that I have maintained this service for many years, and with many returning clients, will reassure you about my integrity, skills, and professional mindset. I look forward to seeing you soon.


Use of this website

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Last updated:  17 June, 2020

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