SPENCER’S GUEST INFORMED-CONSENT, CONFIDENTIALITY & DISPUTE-RESOLUTION AGREEMENT
1 | Parties
“Guest / I / me” = the individual signing below.“Spencer’s / Company” = Spencer’s and every present or future parent, subsidiary, franchisee, affiliate, owner, officer, director, manager, employee, contractor, landlord, insurer, successor and assign, together with the premises where services are rendered.“Services” = all spa, wellness, beauty, body-work, aesthetic, retail, educational or recreational activities offered or sponsored by Spencer’s, paid or unpaid.
2 | Medical Disclosure & Guest Duties
I have provided Spencer’s with a complete, accurate and up-to-date written statement of every known medical condition, allergy, medication, implant, pregnancy, injury, infectious disease, or other circumstance that could affect or be affected by the Services.I understand and agree that:
Spencer’s will rely exclusively on the written information I supply;
I must deliver any new or changed medical information in writing before each appointment; and
Failure to supply such written notice releases Spencer’s from all liability for resulting injuries or adverse outcomes.
3 | Assumption of Risk
I knowingly and voluntarily assume all inherent, ordinary and unforeseen risks associated with the Services, including but not limited to burns, bruising, soreness, allergic or chemical reactions, infection, scarring, nerve injury, slips, falls, equipment malfunction, practitioner error, emotional distress, theft or property loss, and aggravation of existing conditions.
4 | Release & Indemnification
To the fullest extent permitted by law, I waive, release, discharge, and agree to indemnify and hold harmless the Company from any and all claims, demands, causes of action, damages, losses and costs (including attorneys’ fees) arising out of ordinary negligence related to my receipt of Services or presence on the premises, whether known or unknown, suspected or unsuspected.
5 | Strict Confidentiality & Non-Disparagement
Private-Resolution Mandate. Before making any public statement (online or offline) about a dispute with Spencer’s, I shall (a) email a detailed written notice to Spencer's and (b) complete the dispute-resolution process in § 6.
Remedies for Breach. If I violate § 5.1, Spencer’s may seek injunctive relief and recover the maximum actual, consequential, incidental, special and punitive damages — including reputational harm, lost profits, attorneys’ fees and costs — available under applicable law, without limitation.
Protected Disclosures. Nothing here bars me from reporting alleged criminal conduct to law enforcement, filing a charge with a government agency, or exercising non-waivable rights under federal or state law (e.g., Cal. Gov. Code § 12964.5; N.Y. Gen. Oblig. Law § 5-336). Public discussion of sexual-harassment or assault claims remains the Guest’s option as required by law.
6 | Binding, Confidential, Individual Arbitration
Except for claims that cannot legally be forced into arbitration (§ 4* supra*), any dispute or claim arising out of Services, marketing, privacy or this Agreement shall be resolved exclusively by binding arbitration before the American Arbitration Association (AAA) under its Commercial Rules.
Hearings are private and closed to the public (AAA Rule R-23).
Proceedings are individual; no class or representative actions.
Venue is the U.S. county where the Services were performed (or by video).
Spencer’s will advance filing fees subject to reallocation by the arbitrator.
Filing a public lawsuit first constitutes a material breach of § 5 and exposes the Guest to the damages described therein.
7 | Severability, Governing Law, Modification
If any part of this Agreement is held unenforceable, the remainder stays in effect. State law where Services are rendered governs, except that the Federal Arbitration Act governs § 6. Changes require a written instrument signed by both parties.
8 | Acknowledgment & E-Signature
By signing our booking form terms & conditions, you acknowledge that you have read this Agreement, understand its terms, have had the opportunity to ask questions, and agree to be legally bound.
