Terms of service
TERMS OF SERVICE
Last Updated: July 10, 2024
1. OVERVIEW
Before you get started with your first Reset service, please read these Terms of Service (“Terms”) carefully. These Terms are intended to apply broadly and, whether we consider you a Member or a Guest (as these terms are defined below), they will govern your (a) access to the Reset website (www.resetonthird.com) (“Site”) and, if/when applicable, the mobile application (“App”); (b) entry to a Reset location; or (c) your purchase of a product or service sold or provided by us (each, a “Service” and, collectively, the “Services”). By accepting the benefits of our Services, you hereby agree to these Terms. If you do not agree to these Terms, then you may not access the Site or App, or use our Services. Your acceptance of these Terms shall include any additional terms, conditions, hyperlinks or policies referenced herein.
2. CHANGES & CORRECTIONS
You can always review the most recent version of these Terms on our Site. We reserve the right to update, change, or replace any part of these Terms by posting updates on the Site or by sending you an email notice of such changes. It is your responsibility to check the Site periodically for any changes to the Terms. Your continued access to the Site or use of Services following the posting of any changes constitutes your acceptance of those changes.
Additionally, there may be information on the Site or App that contains typographical errors, inaccuracies, or omissions related to Services, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site or App at any time, without prior notice.
3. SERVICES
RESET provides a room that clients can rent for contrast therapy, which includes access to a cold plunge and infrared sauna. Our contrast therapy sessions are designed to offer various health benefits, such as improved circulation, reduced inflammation, and enhanced relaxation. By using our services, you acknowledge that you understand the nature of these services and agree to use them at your own risk.
We reserve the right to change or discontinue services at any time or adjust the prices 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.
4. MEMBERS & GUESTS
We make services available to both Members and Guests. You are considered a “Member” if you purchase services through a membership plan. You are considered a “Guest” if you purchase services outside of a membership plan, which could include being a walk-in or purchasing services on an a la carte or prepaid package basis.
Whether you are a Member or a Guest, these Terms will apply to your receipt of services. Members, however, will be subject to the additional terms and conditions for memberships described below.
5. MINORS
We do not offer or provide services to anyone under the age of 16. If you are an individual aged 16 or 17, you may be eligible to receive services provided your parent or legal guardian co-signs your Agreement (and consents to these Terms), takes primary responsibility for all billing matters related to your account, and remains physically present at all times while you are receiving services.
6. APPOINTMENT BOOKINGS
Although we accept walk-ins for services on a first-come, first-served basis, we strongly encourage you to book an appointment. It is your responsibility to book appointments for services through the available channels: in-person, by phone, through the Vagaro App, or via our website. Once you have booked your appointment for services, you will be considered "locked in" to the appointment.
If you need to cancel or reschedule your booked appointment, you must do so as soon as possible. Cancellations made within twelve (12) hours of the scheduled start time will incur a charge at the full price of the service.
As a courtesy to other Members and Guests, we will not extend the time for any service session if you arrive late. If you fail to show up for your booked appointment, you will incur a "no-show" fee equal to the full retail value of a single service session. You agree that the late cancellation and no-show fees are reasonable and authorize us to charge these fees to the payment method on file. If you have a membership or have purchased services under a prepaid package, you will lose the corresponding credit.
To ensure fairness to all clients, we will begin and end all booked appointments at their scheduled times. To maximize your benefits, we recommend that you arrive early to check in and prepare for your session.
7. ADDITIONAL HOUSE RULES
RESET may post separate “House Rules” that will apply in addition to these Terms and will be considered part of your Agreement. House Rules are subject to change at our sole discretion. These rules may cover various aspects such as services offered, hours of operation, proper attire, and other guidelines related to your receipt of services or access to our location.
By using our services, you agree to comply with any posted House Rules, which are designed to ensure a safe, comfortable, and enjoyable experience for all clients. We reserve the right to update or change these House Rules as necessary, and it is your responsibility to review them periodically.
8. GIFT CARDS
Purchasing a gift card is distinct from purchasing a membership or a prepaid package for services. Gift cards are subject to their own terms and conditions, which may be printed on the gift card itself or provided at the time of purchase. However, the use of services purchased through a gift card will still be subject to these Terms.
9. NO PETS
Unless you have a registered service animal, no pets will be permitted inside the location. This policy is in place to maintain a hygienic and stress-free environment for all clients receiving services.
10. LOSS OF PROPERTY
We are not responsible for the disappearance, loss, theft or damage to personal property you bring. You are encouraged to leave any valuables at home.
11. RETAIL
All retail food and beverage products are final sale and are not subject to a refund or exchange. Merchandise may be returned or exchanged within seven (7) days of purchase, provided that the item is unworn, unused, undamaged, and presented in its original condition. All returns for merchandise must be completed in person at our location.
12. PREPAID SERVICES
Members and Guests can purchase services in prepaid packs. These packs are sold with a predetermined number of credits that can be redeemed for services. Unless otherwise noted, one credit may be redeemed for a single session of services. You will be considered to own all credits in the pack as of the date of purchase.
Packs for services are unique to you and cannot be transferred to someone else without our express permission. Once purchased, prepaid packs are non-refundable. Packs for services will automatically expire 12 months from their date of purchase. Any credits not redeemed within this 12-month period will be considered forfeited and waived; no refund will be issued for unused credits.
13. MEMBERSHIPS
Any membership plan for services will be subject to the following terms and conditions:
Automatic Renewal: By signing up for a membership plan, you acknowledge that your membership will automatically renew each month until you properly cancel or we terminate your agreement.
Recurring Charges: You will be charged membership dues on a recurring basis. This means we will continue to bill you the same amount each month. In exchange for each successful payment, we will allocate to your account the same number of credits each month, which you can redeem for services. The amount of your monthly membership dues and the number of allocated credits will be listed in your membership plan.
Credit Usage: You are encouraged to use credits for services as they are issued. Unused credits will not carry over to the next month.
Cancellation: We make canceling memberships very easy. You have the right to cancel your membership at any time, provided you give us a 30-day advance written notice. You must submit our cancellation form located on our website to cancel your membership. Once you have provided your notice of cancellation, you will continue to have the right to redeem any unused credits associated with your account through the end of your final billing cycle (generally within 30 days from the date you submitted the cancellation notice). Any credits that remain unused at the expiration of your final billing cycle will be considered forfeited and lost. We do not issue refunds for unused credits.
Membership Freeze: A membership freeze may be granted at 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, billing on your account will be temporarily stopped until the freeze is lifted. Billing will resume as normal once the freeze is lifted. We reserve the right to lift a membership freeze at any time.
Right of Rescission: All membership plans are subject to a three-day right of rescission. This means that if, for any reason, during the three-day period after you have purchased your membership, you decide you do not want the membership and would rather cancel for a refund, you can provide us with notice, and we will cancel your membership without penalty. Please note that any refund issued will be less the value of any services actually received during the three-day rescission period.
Non-Transferable: Your membership is unique to you and cannot be transferred to someone else without our permission.
Price Increases: We reserve the right to increase the price for memberships annually. We will use reasonable efforts to provide you with written notice of a membership price increase at least 30 days before any price increase takes effect.
Equipment Maintenance: We may occasionally need to close various pieces of equipment for repair or maintenance. While equipment 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, 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. TO PROPERLY CANCEL YOUR MEMBERSHIP, YOU MUST PROVIDE US WITH A 30-DAY WRITTEN NOTICE.
14. YOUR ACCOUNT
You are responsible for all activity under your account. To protect your account, please keep your log-in credentials and passwords secure and do not share them with any third party. It is your responsibility to ensure that the billing profile associated with your account is accurate and up-to-date.
You must keep a valid method of payment on file at all times. Accepted methods of payment currently include debit or credit cards (VISA, MasterCard, and American Express). Unless otherwise noted, all prices for services are listed in U.S. dollars, and we only accept payment for services in U.S. dollars.
To book an appointment for services, you will need to provide us with a valid credit card.
15. PAYMENT AUTHORIZATION
By receiving services, you expressly authorize RESET (including our authorized third-party payment service providers) to seek payment of all fees, charges, or other amounts due under the Agreement on or after each payment due date by charging the payment method on file. You acknowledge that a charge may not immediately post to your card. If you have provided us with multiple payment cards, and if payment from one card fails, you authorize us to attempt to collect the payment by initiating one or more payment attempts to any additional payment cards you have provided.
If any payment subject to this authorization is returned unpaid and a valid card is not provided within ten (10) days after the regularly scheduled date for payment, we may exercise any and all rights available to us under these Terms or applicable law. This may include, but is not limited to, suspending your membership, denying services, terminating your Agreement, and/or assessing a late fee.
You understand that your financial institution may charge you a fee in addition to any service charge you may owe us if any payment authorized above is dishonored or returned unpaid, and you agree that we will have no liability regarding such fees.
You may revoke this payment authorization in person, by calling us, by sending us an email, or by mailing a letter with enough notice to give us a reasonable opportunity (typically three business days) to act on your request. If you revoke this payment authorization, you will still be responsible for paying any amounts you may owe under the Agreement.
If you default on any payment obligation, we shall have the right to declare the entire remaining balance due and payable immediately. Additionally, we shall have the right to seek, in addition to the amounts you owe under the Agreement, our reasonable attorneys’ fees and costs associated with any collection on your account.
16. RIGHT TO DENY SERVICES
We reserve the right to deny services, terminate a membership, or restrict (or completely bar) access to anyone for any reason not expressly prohibited by law.
17. THIRD PARTY WEBSITES AND CONTENT
The Site and App may contain (or you may be sent via the Site or App) links to other websites or mobile applications (collectively, “Third Party Websites”) as well as photographs, articles, text, graphics, designs, music, video, information, applications, software, and other content or items belonging to or originating from such third parties (“Third Party Content”).
Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or App, or any Third Party Content posted on, available through, or installed from the Site or App. Links on our Site or App to such Third Party Websites or Third Party Content do not imply any endorsement, ownership, control, authorization, or sponsorship by us of such Third Party Websites and Third Party Content.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website or mobile application to which you navigate from the Site or App. Any purchase you make through Third Party Websites will be made through other websites and from other companies, and we take no responsibility whatsoever with respect to such purchases, which are exclusively between you and the applicable third party.
By using our Site or App, you expressly release us from any and all liability arising from Third Party Websites and Third Party Content.
18. Disclaimer of Warranties
You expressly acknowledge and agree that your use of our site, app, and any content or information contained on them, as well as any services provided, is at your sole risk. To the maximum extent permitted by applicable law, the site, app, and any content or information contained on them, as well as any services, are provided "as is" and "as available," with all faults and without warranty of any kind.
We, Virtus Enterprises dba RESET, hereby disclaim all warranties and conditions, whether express, implied, or statutory, including, but not limited to, implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement. We do not warrant that the site, app, and any content or information contained on them, or any services will meet your requirements, that the operation of the site or app will be uninterrupted or error-free, or that defects in the site or app will be corrected.
No oral or written information or advice given by us or our authorized representatives will create a warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
19. LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, THE APP (AND ANY CONTENT OR INFORMATION CONTAINED ON ANY OF THEM), OR ANY SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE, THE APP, OR SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(a) your use of the Site or App; (b) your breach of the Agreement, including, without limitation, these Terms; (c) your violation of the rights of a third party, including, without limitation, intellectual property rights; (d) your violation of any applicable law, rule, or regulation; (e) any overt harmful act toward any other Member, Guest, or user of the Site or App.
Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
21. DISPUTES
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us directly with any dispute, either in-person or at our email address. If we cannot resolve your concerns, the parties agree to an informal dispute resolution process requiring individual arbitration.
22. Binding Individual Arbitration
You agree that any claim, controversy, or dispute (“Claim”) related to the Agreement or the Services, including claims regarding the applicability of this arbitration clause, shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”). If the AAA ceases operation, we will select another arbitration forum.
In the absence of this arbitration clause, you may have had the right or opportunity to litigate any Claim in court before a judge or jury and to participate or be represented in litigation filed in court by others (including class actions). By agreeing to this clause, you are waiving those rights, and any Claim you have must now be resolved through arbitration.
You may choose to pursue your Claim in court and not in arbitration if you opt-out of this arbitration provision within 30 days from the date you entered into your Agreement (the “Opt-Out Deadline”). To opt-out, you must send a written notice describing your decision to opt-out to the email address of your RESET Studio location. Any opt-out received after the Opt-Out Deadline will not be valid, and you will be required to pursue your Claim through binding arbitration.
Except for Excluded Claims (defined below), all Claims will be subject to arbitration, regardless of the theory they are based on. This includes Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law.
Claims and remedies sought as part of a class action, private attorney general, or other representative action are subject to arbitration on an individual (non-class, non-representative) basis only. The arbitrator may award relief only on an individual basis.
The arbitration will be conducted before a single arbitrator and will be limited solely to the Claim between you and us. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The prohibition against class action contained in this Section 23 is non-severable from the remainder of this Section 23.
If either party prevails in the arbitration of any Claim against the other, the non-prevailing party will reimburse the prevailing party for any fees it paid to the AAA in connection with the arbitration, as well as for any reasonable attorneys’ fees incurred by the prevailing party in connection with such arbitration.
Any decision rendered in such arbitration will be final and binding on all parties, and judgment may be entered in a court of competent jurisdiction.
Rules and forms of the AAA may be obtained and Claims may be filed at any AAA office, www.adr.org, or 725 South Figueroa, Ste. 400, Los Angeles, CA 90017, telephone 1-800-778-7879.
This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C., Sections 1-16. This arbitration agreement applies to all Claims now in existence or that may arise in the future.
Notwithstanding the foregoing, the following types of Claims shall not be subject to these arbitration provisions (collectively, “Excluded Claims”): (a) Any Claim seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) Any Claim related to or arising from non-payment of our fees or other amounts due to us; (c) Any Claim for injunctive relief.
23. ELECTRONIC COMMUNICATIONS & SIGNATURES
By receiving services, you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site or App, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Site or App.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
24. GOVERNING LAW & VENUE
The Agreement shall be interpreted under the laws of the state of California. Any claim related to services or the Agreement shall be resolved by an arbitration tribunal or by a court of competent jurisdiction, and you agree to submit to this jurisdiction.
25. GENERAL PROVISIONS
The Agreement, including these Terms and any applicable House Rules, constitutes the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Agreement (including, without limitation, these Terms) shall not operate as a waiver of such right or provision. The Agreement (including, without limitation, these Terms) shall operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time without your permission. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of the Agreement (including, without limitation, these Terms) is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Agreement and does not affect the validity or enforceability of any remaining provisions.
Where context requires, the singular shall include the plural, the masculine gender shall include the feminine and neuter gender, and “and” shall also include “or.” There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of your use of the Site, the App, or any of the Services. You agree that the Agreement (including, without limitation, these Terms) will not be construed against us by virtue of having drafted it.
RESET welcomes any questions and can be contacted at:
Business Name: Virtus Enterprises dba RESET
Address: 5818 W 3rd St, Los Angeles, CA 90036
Email: info@resetonthird.com
Phone: 323-782-1045