I desire to use the facilities of ONSEN HOLISTIC SPA AND TEA ROOM LLC (hereinafter referred to as “Onsen”) located at 466 Eddy Street, San Francisco CA 94109, and agree to the following terms and conditions therein:
1. I acknowledge and affirm that I am in good physical condition, and have no medical condition that would limit or prevent my use of Onsen’s services and facilities, nor do I have any skin condition that may react to the treatments/facilities provided by Onsen. I have consulted with a physician who approves my use of Onsen and its related services and facilities, including without limitation a steam room, a dry sauna, a jacuzzi, a cold shower, massage, acupuncture, body treatments, and facial treatments.
2. I further acknowledge I am aware that there are potentially dangerous conditions present at Onsen, including without limitation, equipment, including heavy equipment, extreme variations in humidity, and hot and cold temperatures associated with Onsen’s services and facilities, slippery equipment and floor surfaces as a result of the presence of water, soap, and/or oils.
3. I agree that before I use any of Onsen services and/or facilities that I will thoroughly inspect and examine the facilities and/or equipment and independently determine whether the facilities and/or equipment are in safe proper working condition. In the event I determine that anything related to the facility and/or equipment is unsafe, I will immediately advise and inform the Onsen of the unsafe condition and I will not utilize any unsafe facility and/or the equipment until such unsafe condition(s) are corrected and made safe for use by me.
4. I AM AWARE OF THE RISKS INVOLVED IN THE USE OF ONSEN AND ITS RELATED FACILITIES AND SERVICES, AND WITH THAT AWARENESS IN MIND, I VOLUNTARILY AGREE TO USE ONSEN AND ITS RELATED FACILITIES AND SERVICES. I KNOWINGLY ASSUME ALL SUCH RISKS AND ACCEPT PERSONAL RESPONSIBILITY FOR ANY DAMAGES FOLLOWING ANY INJURY TO MY PERSON, INCLUDING WITHOUT LIMITATION ANY INJURY THAT RESULTS IN PERMANANT DISABILITY, OR DEATH.
5. As further consideration for the privilege to use Onsen and its related services,I agree, on behalf of myself, my spouse, domestic partner, heirs, assignees, guardians, or legal representatives that no claim will be made against Onsen or any of its officers, directors, employees, agents, independent contractors, shareholders, insurance companies, attorneys, affiliates, renters, subcontractors, vendors, landlords, lessors, and/or its successors in interest for any injury, property loss, and/or damages resulting from my presence at and use of Onsen and its related services and facilities, including use of any parking lot operated by Onsen or its vendors.
6. I AGREE TO INDEMNIFY,DEFEND AND HOLD ONSEN,OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, INSURANCE COMPANIES, RENTERS, ATTORNEYS, AFFILIATES, SUBCONTRACTORS, VENDORS, LANDLORDS, LESSORS, AND/OR ANY SUCCESOR IN INTEREST TO ANY OF THE FOREGOING, HARMLESS FROM ALL CLAIMS, ACTIONS, OR DEMANDS, WHETHER OR NOT SUCH MATTERS ARE FILED IN A COURT WITH PROPER JURISDICTION OR THROUGH ARBITRATION, THAT MAY RESULT FROM MY USE OF ONSEN AND ITS SERVICES AND FACILITIES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR BODILY OR EMOTIONAL INJURY, SICKNESS, LOSS OF PROPERTY, AND OTHER DAMAGES.
7. I acknowledge that Onsen has the right to refuse to allow the use of its service and facilities to any person whose conduct is deemed by Onsen, in its sole and absolute discretion, to constitute harassment, or that is offensive, inappropriate or is causing or deemed by Onsen to be likely to cause an unreasonable disturbance to Onsen’s other clients, guests, vendors, employees, agents and/or independent contractors, and that any such conduct so deemed by Onsen will result in my expulsion and termination of my use of Onsen and its services and facilities, without refund of moneys advanced for the use of Onsen’s services and facilities.
I HAVE CAREFULLY READ THE ABOVE USER AGREEMENT, WAIVER AND RELEASE OF LIABILITY AND UNDERSTAND THAT BY SIGNING IT I AM WAIVING SUBSTANTIAL RIGHTS AND WITH THAT KNOWLEDGE I SIGN IT VOLUNTARILY.
ONSEN CLIENT POLICIES
Lockers: ONSEN HOLISTIC SPA AND TEA ROOM LLC (“Onsen”) provides its clients with lockers for the storage of personal items. The client assumes all responsibility and risk for lost or stolen items that were placed in lockers by client.
Spa Wear: Onsen provides its client with a clean robe, one large towel, one small towel and slippers (the slippers are not to be used in the pool area). While clients may use their own robe and slippers, any such use shall be at the client’s own risk, including without limitation, the risk of slipping/falling from improper traction on the client’s own slippers.
Video: Onsen maintains video surveillance of the premises for security purposes. However, client privacy issues are fully respected by Onsen and there is no security surveillance in the locker rooms, pool areas, sauna areas, spa areas, and the health and beauty areas of Onsen.
Inappropriate Behavior: Onsen reserves the right to refuse service and/or the use of its facilities and services to any person whose conduct is deemed by Onsen, in its sole and absolute discretion, to be harassing, offensive, lewd, inappropriate, loud, boisterous, or is causing or is likely to cause an unreasonable disturbance to other clients, guests, vendors, employees, agents, and/or independent contractors. At Onsen’s sole discretion, any such conduct, which results in the client’s expulsion and termination of the use of the facilities and its related services, will be without refund of moneys advanced for such use and services.
Hot Surfaces: Throughout Onsen there are a number of areas that contain extremely hotsurfaces including, without limitation, the walls, floors, doors, bricks seats, benches, rocks and heating elements within the saunas and steam rooms. Client acknowledges that he/she is aware of the danger and
risks of contact with these surfaces.
Clients with Disabilities:Onsen provides equal access to all of its facilities for our disabled clients. If the client needs assistance in travel to or use of any of Onsen facilities, Onsen will provide personal assistance to ensure that our disabled clients have full and complete use and enjoyment of Onsen.
Clothing Optional Guidelines: Onsen offers both clothing and clothing-optional services to our guests and members so they may enjoy their experience within their own comfort level. We promote clothing-optional services as we believe it enhances health and wellness. In order to maximize the experience for all of our guests, regardless of their choice to be clothed or not, we have established the following guidelines:
Daily Entrances: Daily entrance for the use of the spas, saunas, and pools shall be restricted to no more than 1.45 hours per entrance fee. Any use of the spas, saunas, and pools in excess of this time limit shall result in an additional charge.
Food and Beverage: Client shall not bring any food or beverage purchased from outside the facilities into the communal bathing facility. Food and beverages purchased at Onsen shall be permitted for consumption in the restaurant area only.
Liability for Damages:Client shall be responsible for all damages to the facilities caused by client and client’s family members and/or guests. Client agrees that Onsen may charge client’s credit card for any such damages.
No Cell phones/Photographs/Videos: Onsen respects its clients’ privacy and does not permit its clients to engage in cell phone communication and/or taking photographs or video at any time or in any part of Onsen’s facilities. This policy includes, without limitation, the prohibition of the use of cell phones. Onsen shall not be liable for the acts of other clients who violate this policy. If a client observes or has reason to believe that another client has violated this policy, please immediately inform Onsen staff management for investigation. Anyone violating this policy shall be prohibited from using the facilities.
