Terms & Conditions
This agreement applies as between you, the User of our Services and BodyBarn Ltd of 2357, Jacques Scott Plaza,
West Bay, Grand Cayman, the provider of the Services. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of our Services. If you do not agree to be bound by these terms and conditions, you should stop using our Services immediately.
- Services
The treatment/application takes place at your request. The treatments are exclusively for your well-being, relaxation, prevention and activation of your body’s self-healing powers. They do not constitute medical services and are therefore not paid for or subsidised by health insurance companies. The treatments do not replace prescribed medication or therapies, nor do they replace a visit to your doctor or medical practitioner.
- Health condition
The treatment/application takes place at your request. The treatments are exclusively for your well-being, relaxation, prevention and activation of your body’s self-healing powers. They do not constitute medical services and are therefore not paid for or subsidised by health insurance companies. The treatments do not replace prescribed medication or therapies, nor do they replace a visit to your doctor or medical practitioner.
- Disclaimer
- If despite the expert application, consequential damage occurs which is due to the fact that a client has concealed reasons for exclusion, we are exempt from any liability. The same applies to damages that occur because a reason for exclusion was not known to the customer himself and was not recognisable to us. Statements made by the owner or staff of the practice are always based on the respective state of knowledgement. As there are different doctrinal opinions on some topics, we cannot guarantee in every respect that we have made the most up-to-date (or currently recognised as the best) statement (or applied therapy).
- BodyBarn Ltd makes no warranty or representation that the Services will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of the Services is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
- Treatments
The treatments offered by the masseur is based on the respective state of knowledge. No liability is accepted due to differing doctrinal opinions on treatment methods.
- Prices and payments
The treatments are paid for in cash, card after the service has been rendered. All prices are final prices and subject to TAX or VAT. The latest published price list (https://bodybarn.com/our-pricing/) applies. The validity of the price list expires with the publication of the new one.
- Dates/cancellation
If you are unable to keep an appointment, please cancel 24 hours in advance or make an alternative appointment: Failure to notify us 24 hours in advance will result in a $80CI missed appointment fee. In case of delays or unforeseen incidents, please notify us as soon as possible. If subsequent appointments are affected, your treatment time will be shortened accordingly or your appointment will have to be rescheduled. Cancellations via electronic media are only binding once they have been confirmed.
- Cancellation by us
If the treatment cannot be carried out for reasons on our part, we cannot be held liable for any compensation. There is no entitlement to the performance of the treatment.
- Liability of the customer
If the customer causes damage to our equipment, the customer undertakes to pay full compensation.
- Our Liability
- The following exclusions and limitations of liability shall apply to our liability for damages, without prejudice to the other statutory requirements for claims.
- We shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
- Furthermore, we shall be liable for the negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies on. In this case, however, we shall only be liable for the foreseeable damage typical for the contract.
- We shall not be liable for the slightly negligent breach of obligations other than those referred to in the above sentences.
- The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the service and for fraudulently concealed defects.
- Insofar as our liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
- Confidentiality
All treatments are subject to confidentiality.
- Data Protection
- For the purposes of applicable data protection legislation, BodyBarn Ltd will process any personal data you have provided to us in accordance with our Privacy Policy available on the BodyBarn Ltd website or on request from BodyBarn Ltd.
- You agree that, if you have provided BodyBarn Ltd with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to BodyBarn Ltd and (b) that you have brought to the attention of any such third party the Privacy Notice available on the BodyBarn Ltd’s website or otherwise provided a copy of it to the third party.
- You agree to indemnify BodyBarn Ltd in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
- Health information provided will be treated with the strictest confidentiality. Client data will be treated confidentially and will not be passed on to third parties.
- Availability of the Services
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Law and Jurisdiction
These terms and conditions and the relationship between you and BodyBarn Ltd shall be governed by and construed in accordance with the Law of the Cayman Islands and BodyBarn Ltd and you agree to submit to the exclusive jurisdiction of the Courts of Grand Cayman.