Legal document · State of Florida

Terms & Conditions

Last updated: May 27, 2026 · Effective: immediately

1. Definitions

In this document:

• "The Spa", "we", "us": Ava Luxury Head Spa, with address at 3721 NW 7th St, Suite 10, Miami, FL 33126.
• "Client", "you": the person who books, receives, or pays for our services.
• "Site": the website avaluxuryspa.com and all its subdomains.
• "Services": the hair and facial wellness treatments offered by the Spa.
• "Deposit": the amount paid at booking to secure the slot, approximately 25%–30% of the total Service price.
• "Balance": the difference between the total Service price and the Deposit.
• "Agreement": these Terms, the Privacy Policy and the Refund & Cancellation Policy, collectively.

2. Acceptance of the Agreement

By accessing the Site, booking an appointment, or using the Services, you represent that you have read, understood, and accepted this Agreement in its entirety. If you do not agree, you must refrain from using the Site or the Services.

3. Eligibility

The Services and the Site are intended for persons over eighteen (18) years of age. By using the Site or booking, you represent that you are at least that age and have the legal capacity to enter into binding contracts under the laws of the State of Florida.

4. Nature of the services

The Spa offers hair and facial wellness services (Japanese head spa, scalp massage, deep scalp cleansing, aromatherapy, steam, facials, and relaxation rituals). The Services are for aesthetic and relaxation purposes; they do not constitute the practice of medicine, diagnosis, treatment, cure, or prevention of any disease. If you have conditions of the scalp, skin, or general health, you should consult a licensed healthcare professional beforehand.

5. Bookings, deposit and prices

• Bookings are made online through the Site or via channels authorized by the Spa.
• To secure the appointment, a Deposit is required, processed through secure, industry-certified payment processors. The Deposit amount varies by Service (approx. 25%–30% of the total price) and is clearly displayed before payment.
• The Deposit is applied to the total Service price on the day of the appointment.
• Published prices may be modified without prior notice, but the price applicable to a confirmed booking is the one in effect at the time the Deposit was paid.

6. Electronic payment authorization (E-SIGN)

Pursuant to the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §§ 7001 et seq.) and the Florida Electronic Signature Act (§ 668.50 Fla. Stat.), by paying the Deposit and checking the acceptance box during booking you provide your express, conscious and informed electronic consent to:

• The charge of the Deposit at that moment.
• The charge of the Balance of the Service on the day of the appointment, in accordance with the price confirmed in your booking.
• The use of the entered information and technical session data (date, time, IP, browser, version of Terms accepted) as binding electronic evidence of your consent before any dispute, chargeback, or proceeding.

By accepting this Agreement, you acknowledge that your electronic signature has the same legal validity as a handwritten signature.

7. Cancellations, rescheduling and no-shows

Detailed conditions are in our Refund & Cancellation Policy, which is an integral part of this Agreement. In summary: cancellations or rescheduling with less than twenty-four (24) hours notice, as well as no-shows, result in the loss of the Deposit.

8. Health, contraindications and waiver

• The Client is responsible for informing the Spa, in writing or verbally before the Service, of any relevant condition: allergies, scalp or skin sensitivity, injuries, pregnancy, ongoing dermatological treatments, medication, or any other medical circumstance.
• The Spa reserves the right to refuse, modify, or suspend a Service when there is a contraindication, risk, or when it deems prudent.
• Assumption of risk: to the maximum extent permitted by Florida law, the Client voluntarily assumes the inherent and reasonable risks of wellness Services (including, without limitation, mild skin reactions, temporary irritation, or aesthetic results different from expected) and releases the Spa from liability for such assumed risks.

9. Punctuality

We ask that you arrive five (5) minutes early. Late arrival may reduce the duration of the Service so as not to affect subsequent appointments, with the full fee maintained.

10. Conduct and right of admission

The Spa reserves the right of admission and to terminate a Service, without refund of the Deposit, for inappropriate, aggressive, discriminatory conduct, under the influence of substances, or that compromises the safety or dignity of staff or other clients.

11. Intellectual property

The "Ava Luxury Head Spa" brand, logo, texts, photographs, illustrations, graphics, code, and design of the Site are the exclusive property of the Spa or are used under license. Their reproduction, distribution, modification, or commercial use without prior written authorization is prohibited.

12. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Spa, its owners, employees, and agents from any claim, damage, loss, or expense (including reasonable attorney fees) arising from: (a) your improper use of the Site or Services; (b) violation of this Agreement; (c) violation of third-party rights; or (d) any false statement made to the Spa.

13. Warranties and disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE STATE OF FLORIDA, THE TOTAL LIABILITY OF THE SPA, FOR ANY REASON AND UNDER ANY LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CLIENT TO THE SPA IN THE PRECEDING TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL THE SPA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF OPPORTUNITY, EVEN IF ADVISED OF SUCH POSSIBILITY.

Nothing in this Agreement limits liabilities that, under applicable Florida law, cannot be excluded or limited contractually (including, where applicable, willful misconduct or gross negligence).

15. Dispute resolution and chargebacks

15.1 Prior negotiation

Before initiating any legal action or filing a chargeback, the Client agrees to attempt to resolve the dispute by contacting the Spa in writing at [email protected], allowing a reasonable period of thirty (30) days to respond.

15.2 Chargebacks without justified cause

By having accepted this Agreement, your electronic consent (Section 6) constitutes documentary proof of authorization for the charge. Chargebacks initiated without justified cause or without having attempted to resolve the dispute with the Spa may be disputed before the issuing entity of your card using such evidence, and may generate administrative and collection costs permitted by law.

15.3 Competent courts

Any dispute that cannot be amicably resolved shall be submitted to the state and federal courts located in Miami-Dade County, State of Florida, and the parties irrevocably submit to their exclusive jurisdiction.

15.4 Class action waiver

To the extent permitted by law, the parties agree to resolve any dispute on an individual basis, waiving participation as plaintiff or member in a class action or representative proceeding.

16. Governing law and jurisdiction (Florida)

This Agreement is governed by and interpreted in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of laws rules. The parties agree that exclusive jurisdiction and venue lies in the courts of Miami-Dade County, Florida.

17. Miscellaneous clauses

• Entire Agreement: this document, together with the Privacy Policy and the Refund Policy, constitutes the entire agreement between the parties and supersedes any prior agreement.
• Severability: if any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• No waiver: non-exercise or late exercise of a right does not constitute a waiver of such right.
• Assignment: the Client may not assign its rights without the Spa's written consent. The Spa may assign its rights to successors or affiliates.
• Force majeure: the Spa shall not be liable for delays or non-performance caused by events beyond its reasonable control (natural disasters, hurricanes, pandemics, service outages, governmental actions, etc.).
• Electronic communications: the Client agrees to receive communications from the Spa via email and/or WhatsApp at the data provided.

18. Changes and notifications

The Spa may update this Agreement at any time. The current version is the one published on the Site with its update date. Continued use of the Site or Services after a modification constitutes acceptance of the new version.

19. Contact

Ava Luxury Head Spa
3721 NW 7th St, Suite 10 · Miami, FL 33126
WhatsApp: (954) 348-5843
Email: [email protected]