BioLIT Spa Terms of Service

 

Before you begin your first BioLIT Spa service, please review these Terms of Service ("Terms") carefully. These Terms are designed to apply comprehensively and, whether you are a Member or a Guest (as defined below), they govern your (a) access to the BioLIT Spa website ("Site") and mobile application ("App"); (b) entry to a BioLIT Spa location; or (c) purchase of any product or service offered by us (each, a “Service” and, collectively, the "Services"). By using or accepting the benefits of our Services, you agree to these Terms. If you do not agree with these Terms, you are not authorized to access the Site or App, or use our Services. Your acceptance of these Terms also includes any additional terms, conditions, hyperlinks, or policies referenced herein.

 

1. Parties to the Agreement

This Terms of Service Agreement (“Agreement”) is a binding contract between BioLIT Spa (“Company,” “we,” “us,” or “our”) and you (“you,” “your,” “Member,” “Guest,” or “User”). Simply by accessing our facilities, services, website, mobile application (“App”), or any associated offerings (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you may not use the Services.

 

2. Acceptance of Terms

These Terms, together with the information contained in your membership receipt (if you are a Member) and/or Liability Waiver (if you are a Member or a Guest), collectively constitute your “Agreement” with the independently owned and operated BioLIT Spa entity providing you with Services (hereinafter referred to as “BioLIT Spa,” “we,” “us,” or “our”). Your Agreement is solely with BioLIT Spa and not with any franchisor or other related entity. For clarity, if applicable, the owner or operator of any associated platform or technology facilitating the Services (the “Technology Provider”) owns and operates such platforms and makes them available to the public to provide information about the various products and services offered by BioLIT Spa.

By receiving Services, you acknowledge that the Technology Provider, along with its past, present, and future affiliates and subsidiaries, and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives (collectively, the “Technology Provider Entities”), shall have no obligation to provide you with Services and shall bear no liability under your Agreement with BioLIT Spa, including, but not limited to, these Terms.

Notwithstanding the foregoing, the Technology Provider Entities shall be considered third-party beneficiaries to certain provisions of these Terms, specifically including but not limited to the following sections: Section 20 (Third-Party Websites and Content)  Section 21 (Third-Party Website Disclaimers); Section 13 (Disclaimer of Warranties); Section 14 (Limitation of Liability); Section 15 (Indemnification); Section 22 (Disputes); and Section 23 (Binding Individual Arbitration).

 

3. Changes and Corrections

The latest version of these Terms can be accessed at any time on the BioLIT Spa website ("Site"). We retain the right to modify, update, or revise these Terms at our discretion by posting the revised version on the Site or notifying you via email. It is your responsibility to periodically review the Terms to stay informed of any updates. By continuing to use the Site or our Services after changes have been posted, you acknowledge and accept those modifications. The information available on the Site or App may occasionally contain typographical errors, inaccuracies, or omissions, including those related to descriptions, pricing, availability, and other details regarding our Services. BioLIT Spa reserves the right to correct such errors and to update or modify any content on the Site or App at any time without prior notice.

 

4. SERVICES 

We offer cutting edge treatments to help boost immunity and support physical and mental recovery. A list of Services are linked on our website and can be found at our locations.  Services may vary by individual location. Services may include infrared sauna, cold plunge, contrast therapy, LED light therapy, sound therapy, BioChargerNG sessions and massage therapy.  We also may offer an array of movement classes heated with infrared light. We reserve the right to change or discontinue Services at any time or adjust the price for Services. Services, once used, are non-refundable. Services may be sold a-la-carte, as a prepaid package, or through a membership plan. Certain Services may be subject to additional terms and conditions.

4a.Eligibility

To use the Services, you must be at least 18 years old or the legal age of majority in your jurisdiction. Minors under 18 years old may only use the Services with the consent and presence of a parent or legal guardian, who must sign any required consent forms.

4b. Although we accept walk-ins for Services on a first-come-first-serve basis, you are strongly encouraged to book an appointment for Services. It is your responsibility to book appointments for Services through the channels provided, which include in-person (at BioLIT Spa), by phone, or through the Site. Once you have booked your appointment for Services, you will be considered “locked in” to the appointment. If you must cancel or reschedule your booked appointment, you must do so as soon as possible. We require you to cancel by closing of the day before your service, otherwise it is considered a late cancel, and you will be charged for the service in entirety.  If you are a member with unlimited access to the Spa, but you miss or late cancel a reserved session, you will be charged the amount a guest is charged.  As a courtesy to other Members and Guests, we will not extend the time for any Service session where you show up to late, after the scheduled start-time for your booked appointment. If you fail to show for your booked appointment, you will incur a “no-show” fee equal to the full retail value for a single Service session. You agree that the late cancel and no-show fees are reasonable, and you authorize us to charge you, where applicable, to the payment method on file. If you have a membership or purchased Services under a prepaid package and you are subject to paying a late cancel or no-show fee, you will not lose a credit in addition to paying the late cancel or no-show fee. As a courtesy to other Members and Guests, we will begin and end all booked appointments at their normally scheduled times. We will not extend the time if you show up late for a booked appointment. To maximize your benefits, we recommend that you arrive early to get checked in and prepare for receiving Services.

4c. Members and Guests who buy services separately will receive a complimentary service of their choice once 10 alacarte services of any type are purchased. Our system will keep track for you, and you will be notified when you have an eligible service available!

 

5. Memberships and Guests

Memberships, including but not limited to LITessentials Memberships, are non-transferable and are only valid for the individual who purchased or registered for the membership. Guests must adhere to all spa rules and policies. Violation of these terms may result in the suspension or termination of membership or access to the Services at our sole discretion.

5a. Membership Rules

Any membership plan for Services will be subject to the following terms and conditions:

  • By enrolling in a BioLIT Spa membership plan, you acknowledge and agree that your membership will automatically renew on a monthly basis until you either cancel it or we terminate your Agreement.

  • You will be charged membership on a recurring basis. This means we will continue to bill you in the same amount each month, on the same day of the month, which starts on the date of purchase.

  • We make cancelling memberships very easy. You have a right to cancel your membership at any time provided you give us a 24 hour advance written notice via email or text.  We will reply with confirmation, but if we don’t, it’s your responsibility to make sure we received it.  As a text or email is time stamped, we will honor the cancelation and refund anything charged if it was still charged after your cancellation.

  • If you cancel before your payed month has ended, you of course still have membership access until the end of paid month

  • A membership freeze may be granted in our sole discretion. To be eligible for a membership freeze, your account must be active and in good standing. If we permit a membership freeze, then billing on your account will be temporarily stopped until such time as the membership freeze is lifted, at which time billing in your account will resume as normal. We reserve the right to lift a membership freeze at any time.   

  • All membership plans purchased have a three-day right of rescission from the date of your membership purchase. If you decide to cancel your membership within this period, we will refund your payment in full, minus the value of any Services you have already used during the three-day rescission period. After the three-day period, no refunds will be issued.

  • Your membership cannot be transferred to someone else without our permission. 

  • We reserve the right to increase the price for memberships annually. We will use reasonable efforts to provide you written notice of a membership price increase at least 30 days prior to any price increase taking effect. 

  • Founding Members (memberships bought before opening) pricing will NEVER increase as long as they remain a member with no freezes, pauses or cancelations. 

  • We may occasionally need to close various pieces of equipment or the Spa for repair or maintenance. While equipment or the Spa is closed for repair or maintenance, you will not be entitled to a credit or refund during this time.

  • CONSENT TO AUTOMATIC RENEWAL. IF YOU ARE A MEMBER, THEN YOU ACKNOWLEDGE, CONSENT AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW EACH MONTH UNTIL YOU PROPERLY CANCEL THE MEMBERSHIP OR WE TERMINATE YOUR AGREEMENT.  AUTOMATIC RENEWAL MEANS WE WILL CONTINUE TO CHARGE YOU FOR THE MEMBERSHIP UNTIL YOU CANCEL THE MEMBERSHIP OR WE TERMINATE YOUR AGREEMENT. IN ORDER TO PROPERLY CANCEL YOUR MEMBERSHIP, YOU MUST PROVIDE US WITH A 24-hour WRITTEN NOTICE. IF YOU ARE A MEMBER AND MEMBER PRICES INCREASE, YOU AGREE TO BE AUTOMATICALLY CHARGED FOR THE INCREASED MEMBERSHIP PRICE.

5b GUEST PASSES

2 guest passes per month are included with all memberships.  Guests who have or have not come to any BioLITspa are allowed to come with a member with such a pass.  To use the guest pass, the Member need not be present, but the Member must CALL or Email the Spa to obtain a one-time use code for their guest to use to book their services online. 

 

Spa Use Policies

 

6. Spa Rules

To ensure a safe and relaxing environment, all Guests and Members must comply with the following:

  • Arrive at least 15 minutes before your scheduled appointment. Late arrivals may result in reduced treatment time or forfeiture of your appointment.

  • Silence or set to vibrate all mobile devices in treatment and relaxation areas.

  • Respect other guests by maintaining quiet and courteous behavior.

  • Proper attire is required in all areas of the spa.

  • Consumption of alcohol, tobacco, or illegal substances is strictly prohibited.

  • Follow all instructions provided by our team for safe use of equipment and facilities.

  • Note and comply to any rules posted at the Spa itself

Failure to comply with these rules may result in removal from the premises without refund.

 

7. Gift Cards

Gift cards are not redeemable for cash, cannot be replaced if lost or stolen, and cannot be used for gratuities unless explicitly stated. Gift cards must be either used online to book services or presented at the time of service or purchase and are non-refundable.

 

8. No Pets

Pets other than the owners’ pets are not permitted in any BioLIT Spa location, except for service animals as defined by applicable law. Emotional support animals are not recognized as service animals under the Americans with Disabilities Act (ADA) and will not be admitted.

 

9. Loss of Property

We are not responsible for the loss, theft, or damage of any personal property brought onto our premises. Complimentary lockers are provided for your convenience; however, we recommend leaving valuables at home.

 

10. Café (No Returns)

All sales of food and beverages from our café are final and non-refundable. We are unable to accept returns or exchanges for consumable items.

 

11. Retail (Returns with Receipt)

Unused, unopened retail products may be returned within 30 days of purchase if accompanied by the original receipt. Refunds will be issued in the original form of payment. Opened or used items are non-refundable unless defective.

 

12. Referral Clause

LITessentials Members who refer a new Member will receive $25 in LITcredit once the referred individual becomes a LITessentials Member or higher membership type.  The referred individual must not have visited any BioLIT Spa location prior to becoming a Member. LITcredit is non-transferable, has no cash value, and may only be used toward Services, cafe or retail items. Referrals can be made over the phone.

Legal Disclaimers

 

13. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE BIO-LIT SPA WEBSITE (“SITE”), MOBILE APPLICATION (“APP”), AND ANY CONTENT, INFORMATION, OR SERVICES PROVIDED THROUGH THEM IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, APP, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. BIO-LIT SPA DISCLAIMS ALL WARRANTIES AND CONDITIONS RELATED TO THE SITE, APP, AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND SATISFACTORY QUALITY.

BIO-LIT SPA DOES NOT GUARANTEE THAT THE SITE, APP, OR SERVICES WILL MEET YOUR EXPECTATIONS, FUNCTION WITHOUT INTERRUPTION, OR BE FREE FROM ERRORS OR DEFECTS. WE FURTHER DO NOT WARRANT THAT ANY ISSUES OR DEFICIENCIES IN THE SITE, APP, OR SERVICES WILL BE IDENTIFIED OR CORRECTED. NO ORAL OR WRITTEN STATEMENT OR ADVICE PROVIDED BY BIO-LIT SPA OR ITS AUTHORIZED REPRESENTATIVES WILL CONSTITUTE A WARRANTY.

 

14. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BIOLIT SPA, ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, REVENUE, DATA, OR ANY OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, APP (OR ANY CONTENT OR INFORMATION PROVIDED THROUGH THEM), OR SERVICES, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, APP, AND SERVICES.

 

15. Indemnification

You agree to defend, indemnify, and hold harmless BioLIT Spa, including its subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand—along with reasonable attorney fees and related expenses—arising from or in connection with: (a) your use of the BioLIT Spa Site or App; (b) your breach of this Agreement, including these Terms; (c) your infringement on the rights of any third party, including but not limited to intellectual property rights; (d) your violation of any applicable laws, rules, or regulations; or (e) any intentional or negligent act causing harm to another Member, Guest, or user of the Site or App.

Notwithstanding the above, BioLIT Spa reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully at your expense with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or legal proceeding covered under this indemnification as soon as we become aware of it.

Dispute Resolution

 

 

16. Arbitration

If a dispute arises, our priority is to address your concerns promptly and to your satisfaction. We encourage you to contact BioLIT Spa directly, either in person or through our website, so we can work together to resolve the issue. If we are unable to reach a resolution, both parties agree to engage in an informal dispute resolution process, culminating in individual arbitration if necessary. This approach ensures a fair and efficient resolution tailored to your concerns.

16b. Binding Individual Arbitration

You agree that any claim, controversy, or dispute (“Claim”) related to this Agreement or the Services, including questions about the applicability of this arbitration clause, will be resolved exclusively and conclusively through binding arbitration conducted by the American Arbitration Association (“AAA”). If the AAA is no longer available, we will select a comparable arbitration forum.

By agreeing to this arbitration provision, you waive the right to litigate any Claim in court before a judge or jury and to participate in or be represented in class actions or other collective legal proceedings. Claims must now be addressed solely through arbitration. However, you may retain the option to pursue your Claim in court if you opt out of this arbitration provision within 30 days of signing your Agreement (“Opt-Out Deadline”). To opt out, you must submit a written notice to the designated BioLIT Spa email address within this timeframe. Opt-outs received after the deadline will not be valid, and you will be required to resolve any Claim through binding arbitration.

Unless specified as an Excluded Claim (defined below), this arbitration clause applies to all Claims, regardless of the underlying legal theory. This includes, but is not limited to, Claims arising from contract breaches, torts (including intentional torts), fraud, negligence, statutory or regulatory violations, or any other legal foundation.

Class actions, private attorney general actions, or other collective remedies are prohibited under this agreement. All Claims must be arbitrated on an individual basis, and the arbitrator may grant relief only to the individual parties involved. The prohibition of class or collective actions is a non-severable part of this arbitration agreement.

Arbitration proceedings will be conducted by a single arbitrator and will address only the Claim between you and BioLIT Spa (and/or its affiliates or entities). Consolidation with other arbitrations or Claims is not permitted, and class-wide arbitration is strictly prohibited.

If either party prevails in arbitration, the non-prevailing party agrees to reimburse the prevailing party for reasonable arbitration costs, including any fees paid to the AAA and reasonable attorneys’ fees. The arbitrator’s decision will be final and binding, and judgment may be entered in a court of competent jurisdiction.

You can obtain information about the AAA, including its rules and forms, by visiting www.adr.org or contacting the AAA at 725 South Figueroa Street, Suite 400, Los Angeles, CA 90017, phone 1-800-778-7879. If arbitration involves BioLIT Spa, the hearing will be held in [insert relevant location], unless otherwise agreed.

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and applies to all Claims existing now or arising in the future that are subject to this provision.

Excluded Claims: Certain types of Claims are not subject to arbitration under this agreement. These include:
(a) Claims involving the enforcement, validity, or protection of intellectual property rights;
(b) Claims related to or arising from unpaid fees or amounts owed to BioLIT Spa; and
(c) Claims seeking injunctive relief.

 

 

17. Governing Law

This Agreement is governed by and construed in accordance with the laws of the state in which the BioLIT Spa location is situated. Any legal claims or proceedings will be held in the appropriate venue within that state.

 

18. Severability

If any provision of this Agreement is found to be unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect.

General Provisions

 

19. Electronic Communications & Signatures

By using our Services, you consent to receive communications electronically and agree that electronic agreements, notices, and signatures are legally binding, equivalent to hardcopy documents and signatures.

 

20. THIRD-PARTY WEBSITES AND CONTENT

Our website and App may feature links to external websites or applications (collectively referred to as "Third-Party Websites") and may also display content such as photos, articles, text, videos, software, music, and other materials ("Third-Party Content") that are owned or provided by third parties. Please note that we do not monitor, verify, or assess the accuracy, relevance, or completeness of any Third-Party Websites or Third-Party Content. As such, we are not responsible for the content, availability, or accuracy of any Third-Party Websites linked to from our Site or App.

Links to these external sites or content do not indicate our endorsement or approval of such materials, nor do we control or sponsor these Third-Party Websites or their content. You should carefully review the terms of service, privacy policies, and any other relevant terms of any Third-Party Websites you visit.

Any transactions or purchases made on Third-Party Websites are exclusively between you and the third party, and BioLIT Spa holds no responsibility or liability for any such purchases. By accessing our Site or App, you agree to release BioLIT Spa and its affiliated entities from any liability resulting from your use of Third-Party Websites or Third-Party Content.

 

21.DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, THE APP, AND ANY SERVICES OR CONTENT PROVIDED THROUGH THEM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE APP, AND ANY SERVICES OR CONTENT OFFERED ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BIO LITSPA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE SITE, APP, AND ANY SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND SATISFACTORY QUALITY.

BIO LITSPA DOES NOT GUARANTEE THAT THE SITE OR APP WILL BE FREE FROM INTERRUPTIONS, ERRORS, OR DEFECTS, OR THAT SUCH ISSUES, IF THEY OCCUR, WILL BE CORRECTED. FURTHER, BIO LITSPA MAKES NO REPRESENTATIONS REGARDING THE ABILITY OF THE SITE OR APP TO MEET YOUR REQUIREMENTS, NOR DOES IT WARRANT THE RESULTS OF USING THE SITE, APP, OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE, APP, OR FROM BIO LITSPA OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN SUCH CASES.

 

 

22. Entire Agreement

This Agreement constitutes the entire understanding between you and BioLIT Spa, superseding any prior agreements or understandings, whether written or oral.