LEGAL
Terms and Conditions
EFFECTIVE DATE: May 9th, 2026
On This Page
05. Gift Cards
12. Limitation of Liability
13. Indemnification
14. Privacy
15. Arbitration & Class Action Waiver
16. Governing Law
17. Changes to Terms
18. Termination
19. Miscellaneous
20. Contact Us
1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of www.thespalubbock.com (the "Website"), operated by The Spa, LLC, d/b/a The Spa by Sheena ("The Spa," "we," "us," or "our"). By accessing or using the Website, by purchasing a gift card, or by submitting any form, you agree to be bound by these Terms. If you do not agree, do not use the Website.
These Terms incorporate by reference our Privacy Policy and, where applicable, our Gift Card Terms and Conditions, HIPAA Notice of Privacy Practices, and SMS Policy.
2. Eligibility
You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
3. Description of Website
The Website provides information about The Spa's services, products, locations, hours, and team, and allows visitors to request appointments, purchase gift cards, contact us, and submit reviews or comments. The Website is not a substitute for in-person consultation, medical evaluation, or treatment.
4. Appointments and Bookings
Appointment requests submitted through the Website are not confirmed until acknowledged by The Spa. All appointments are subject to The Spa's then-current cancellation, late-arrival, no-show, and rescheduling policies. Fees may apply.
5. Gift Cards
Gift card purchases through the Website are governed by The Spa's separate Gift Card Terms and Conditions, which are incorporated into these Terms by reference.
6. Medical Disclaimer
The Website may describe medical and aesthetic treatments offered by The Spa, including injectables, laser treatments, microneedling, chemical peels, and other procedures. All information on the Website is provided for general informational purposes only and is not medical advice.
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Information on the Website does not establish a provider-patient relationship.
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Results from treatments vary by individual and are not guaranteed.
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Treatments described are not appropriate for every individual. Suitability is determined only after an in-person consultation and medical clearance by a qualified provider.
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Do not rely on Website content to diagnose, treat, or manage any medical condition. Consult a qualified healthcare provider for medical advice.
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In a medical emergency, call 911 or go to the nearest emergency room.
7. User-Generated Content
The Website may allow you to submit reviews, comments, testimonials, photos, or other materials ("User Content"). You may also tag, mention, or share content involving The Spa on social media platforms.
By submitting User Content or tagging The Spa in social media content, you:
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Represent and warrant that the content is your original work, that you have all rights necessary to submit it, that it does not infringe any third party's rights, and that it is truthful and accurate.
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Grant The Spa a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media for any purpose, including marketing and advertising, without compensation, attribution, or further notice to you.
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Agree that The Spa may, but is not required to, monitor, edit, or remove User Content at its sole discretion for any reason.
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Acknowledge that User Content does not reflect the views of The Spa, and The Spa is not responsible for it.
You agree not to submit any User Content that:
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Is false, misleading, defamatory, harassing, threatening, obscene, or unlawful
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Infringes any intellectual property right, right of publicity, or privacy right
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Contains protected health information (PHI) about another person
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Contains viruses, malicious code, or automated content
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Promotes commercial products or services unrelated to The Spa
8. Intellectual Property
All content on the Website — including text, graphics, logos, images, photographs, video, audio, branding, the names "The Spa," "The Spa by Sheena," and all related marks — is owned by or licensed to The Spa and is protected by U.S. and international intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Website content without our prior written consent.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes consistent with these Terms.
9. Prohibited Uses
You agree not to:
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Use the Website for any unlawful purpose or in violation of these Terms
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Impersonate any person or entity or misrepresent your affiliation
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Interfere with, disrupt, or damage the Website or its servers
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Attempt to gain unauthorized access to any part of the Website, accounts, or systems
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Use any robot, spider, scraper, or automated means to access the Website
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Reverse-engineer or attempt to derive source code from the Website
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Use the Website to transmit unsolicited communications, spam, or harmful code
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Harvest, collect, or store personal information about other users
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Use the Website to compete with The Spa or for any commercial purpose without our written consent
10. Third-Party Links and Services
The Website may contain links to third-party websites or services. The Spa does not control and is not responsible for those websites or services, their content, or their privacy or security practices. Use them at your own risk.
11. Disclaimers
THE WEBSITE AND ALL CONTENT, SERVICES, AND INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SPA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
THE SPA DOES NOT WARRANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, FREE OF ERRORS, FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
12. Changes to This Policy
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SPA, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SPA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).
This limitation applies regardless of the legal theory of the claim (contract, tort, statute, or otherwise) and survives termination of these Terms. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.
This section does not limit liability for in-person services rendered at The Spa, which are governed by separate consents, agreements, and applicable medical malpractice laws.
13. Indemnification
You agree to indemnify, defend, and hold harmless The Spa, its owners, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) any User Content you submit.
14. Privacy
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Information related to medical services is governed by our HIPAA Notice of Privacy Practices.
15. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a) Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the relationship between you and The Spa — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — shall be resolved exclusively by final and binding individual arbitration, except that either party may bring an individual claim in small claims court if eligible.
(b) Arbitration Rules. Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the demand is filed. The arbitration shall be conducted in Lubbock County, Texas, or by telephone or video at the parties' agreement. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.
(c) Class Action Waiver. YOU AND THE SPA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding. If this class action waiver is found unenforceable, the entire Section 15 is null and void.
(d) Opt-Out. You may opt out of this arbitration provision by sending written notice to legal@thespalubbock.com within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you opt out of arbitration.
(e) Survival. This Section 15 survives termination of these Terms.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Subject to Section 15 (Arbitration), any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Lubbock County, Texas, and you consent to the personal jurisdiction of those courts.
17. Changes to These Terms
The Spa may update these Terms at any time. The "Effective Date" above will reflect the most recent version. Material changes will be posted on the Website. Your continued use of the Website after the Effective Date constitutes acceptance of the updated Terms.
18. Termination
The Spa may suspend or terminate your access to the Website at any time, with or without notice or cause. Sections that by their nature should survive termination (including Sections 7, 8, 11, 12, 13, 15, and 16) will survive.
19. Miscellaneous
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Entire Agreement. These Terms, together with our Privacy Policy, Gift Card Terms and Conditions, HIPAA Notice of Privacy Practices, and SMS Policy, constitute the entire agreement between you and The Spa regarding the Website.
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Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
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No Waiver. Failure by The Spa to enforce any provision is not a waiver.
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Assignment. You may not assign these Terms. The Spa may assign these Terms without restriction.
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No Agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
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Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
20. Contact Us
The Spa, LLC, d/b/a The Spa by Sheena
8713 Milwaukee Ave #200 Lubbock, Texas 79424
Email: legal@thespalubbock.com
Phone: (806) 701-5840
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