Terms and Conditions

Version: 1.0

Effective Date: January 20, 2026


IMPORTANT LEGAL NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND STRICT LIMITATIONS ON REFUNDS.


1. Acceptance of Terms

By accessing the website of The Lounge Spa and Recovery ("Company," "we," "us") or by booking, purchasing, or participating in any service, you ("Client," "You") agree to be bound by these Terms and Conditions. If you do not agree, you must not use our services.


2. Service Nature and "Health Spa" Status

The Company provides wellness and recovery services including, but not limited to, Cryotherapy, Infrared Sauna, Compression Therapy, and Oxygen Bar services.

  • Regulatory Exemption: The Company operates as a facility for the preservation of physical well-being. Pursuant to Utah Code § 13-23-6, the Company is exempt from the bonding requirements of the Health Spa Services Protection Act because:
  • We offer services primarily on an individual session basis.
  • We do not sell memberships that collect more than two (2) months of payment in advance.
  • We do not hold more than $150 of consumer credit for packaged services.
  • Not a Medical Provider: You acknowledge that the Company is not a medical provider. Our services are for fitness and recovery purposes only and are not intended to diagnose, treat, cure, or prevent any disease. Consult your physician before use.

3. Strict Refund and Cancellation Policy

NOTICE OF "ALL SALES FINAL" POLICY

Pursuant to the Utah Consumer Sales Practices Act and Administrative Rule R152-11-10, you actively acknowledge the following non-refundable policy by completing your purchase 10:

3.1 No Refunds

ALL SALES ARE FINAL. We do not offer refunds for single sessions, packages, gift cards, or merchandise under any circumstances, including but not limited to: change of mind, personal scheduling conflicts, lack of results, or dislike of the service.

  • Chargeback Waiver: By agreeing to these terms, you waive your right to initiate a credit card chargeback for any reason related to "satisfaction" or "refund policy disputes."

3.2 Cancellation and Rescheduling

  • 24-Hour Notice: You must provide at least 24 hours' notice to cancel or reschedule an appointment without penalty.
  • Late Cancellation/No-Show: Appointments canceled with less than 24 hours' notice will result in the forfeiture of the session credit or a cancellation fee equal to 100% of the service price.
  • Late Arrival: Appointments will end at the scheduled time. If you arrive late, your session will be shortened, and the full price will still apply.

3.3 Statutory Right of Rescission (Membership Contracts Only)

  • If you enter into a membership contract with an initial term exceeding three (3) months (if offered), you have a right to rescind the contract within three (3) business days of signing, pursuant to Utah Code § 13-23-4.
  • To exercise this right, you must mail or email a written notice of rescission to the Company address listed in Section 13.
  • Note: This statutory right does not apply to single sessions, day passes, or punch-card packages.

4. Client Conduct and Right to Refuse Service

We are committed to a safe and therapeutic environment.

  • Right to Refuse: Under Utah law and common law principles, we reserve the right to refuse service to any individual who:
  • Appears intoxicated or under the influence of drugs (strictly prohibited for Cryotherapy/Sauna safety).
  • Displays rude, threatening, or harassing behavior toward staff or other clients.
  • Exhibits hygiene issues that present a health risk.30
  • Termination: Violation of this code of conduct will result in immediate termination of the session and expulsion from the premises without refund.

5. Age Requirements

  • Minors (Under 18): Must have a parent or legal guardian sign the Liability Waiver in person.
  • Age Restrictions:
  • Whole Body Cryotherapy: Prohibited for children under 12. Ages 12-17 require parental consent and presence.
  • Infrared Sauna: Prohibited for children under 12 due to thermoregulatory risks.

6. Assumption of Risk and Liability

You acknowledge that the use of spa facilities involves inherent risks, including but not limited to slips and falls, thermal burns, frostbite, and dehydration. You agree to sign a separate Participant Release of Liability prior to your first service. In the event of a conflict between these Terms and the Liability Waiver, the Liability Waiver shall control regarding issues of bodily injury.


7. Altitude Warning (Brian Head, Utah)

You acknowledge that the facility is located at high altitude (~9,800 ft). High altitude can exacerbate dehydration, dizziness, and the physiological effects of heat (sauna) and cold (cryotherapy). You assume the specific risk of altitude-related complications.


8. Intellectual Property

All content on the Company website, including text, logos, and images, is the exclusive property of The Lounge Spa and Recovery.


9. Disclaimer of Warranties

Services are provided "as is." The Company makes no warranties, express or implied, regarding the therapeutic outcomes of any service.


10. Governing Law and Venue

These Terms shall be governed by the laws of the State of Utah, without regard to its conflict of laws principles.

  • Exclusive Venue: Any legal action, lawsuit, or dispute resolution proceeding arising out of or relating to these Terms or your use of the Spa shall be brought exclusively in the Fifth Judicial District Court in Iron County, Utah or the United States District Court for the District of Utah. You hereby consent to the personal jurisdiction of these courts and waive any objection to venue.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall remain in full force and effect.


12. Entire Agreement

These Terms, along with the Privacy Policy and Liability Waiver, constitute the entire agreement between you and the Company.


13. Contact Information

The Lounge Spa and Recovery

259 S Village Way, Brian Head, UT 84719

Website: https://the-lounge-spa-and-recovery.com/



PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT


THIS IS A LEGALLY BINDING CONTRACT. READ CAREFULLY BEFORE SIGNING. BY SIGNING, YOU WAIVE YOUR STATUTORY RIGHT TO SUE "THE LOUNGE SPA AND RECOVERY" FOR INJURIES CAUSED BY ORDINARY NEGLIGENCE.


1. PARTIES AND CONSIDERATION

This Agreement is entered into between The Lounge Spa and Recovery (including its owners, officers, directors, employees, agents, volunteers, successors, and assigns) (collectively "Released Parties") and the undersigned participant ("Participant"). In consideration for being permitted to use the facilities and services of the Released Parties, I agree to the following:


2. ACKNOWLEDGMENT OF INHERENT RISKS

I, the Participant, understand that utilizing spa and recovery services involves inherent risks that cannot be eliminated regardless of the care taken by the Released Parties. I explicitly acknowledge and assume the specific risks associated with the following activities:

ModalitySpecific Inherent Risks I AssumeWhole Body CryotherapyFrostbite, chilblains, cold burns, nitrogen asphyxiation/hypoxia, rapid blood pressure fluctuation, fainting (syncope), cold panniculitis (rash), and panic/anxiety.Infrared SaunaDehydration, heat exhaustion, heat stroke, fainting, dizziness, electrolyte imbalance, and interference with medication absorption.Compression TherapyDiscomfort, bruising, and potential complications for those with deep vein thrombosis (DVT) (e.g., pulmonary embolism).General FacilitySlips, trips, and falls on wet surfaces; exposure to cleaning chemicals; transmission of communicable diseases; snow/ice hazards on premises (Brian Head altitude/weather).

I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ALL RISKS, KNOWN AND UNKNOWN, INHERENT OR OTHERWISE, ASSOCIATED WITH MY PARTICIPATION.


3. MEDICAL CERTIFICATION AND DUTY TO DISCLOSE

I certify that I am in good physical health and do not have any medical conditions that would make my participation hazardous. I specifically confirm I do NOT have:

  • For Cryotherapy: Uncontrolled high blood pressure, history of heart attack/stroke, Raynaud’s syndrome, pregnancy, open sores, or nerve pain.
  • For Sauna: Pregnancy, fever, hemophilia, or insensitivity to heat.
  • For Compression: Acute pulmonary edema, acute thrombophlebitis, or known DVT.

I agree to immediately cease any activity and alert staff if I feel lightheaded, faint, or experience pain.


4. WAIVER AND RELEASE OF LIABILITY (ORDINARY NEGLIGENCE)

To the fullest extent permitted by Utah law, I HEREBY RELEASE, WAIVE, AND DISCHARGE the Released Parties from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

  • Clarification: This release is intended to cover errors such as negligent instruction, maintenance failures, or supervision errors. It is not intended to release the Released Parties from liability for harm willfully inflicted or caused by "gross negligence" as defined by Utah courts.

5. INDEMNIFICATION

I agree to indemnify, defend, and hold harmless the Released Parties from any and all costs, expenses, and liabilities (including attorney’s fees) arising from any claim made by me or on my behalf, or by any third party resulting from my actions or participation in the services.


6. FORUM SELECTION AND GOVERNING LAW

This Agreement shall be construed in accordance with the laws of the State of Utah. I agree that any legal action arising from this Agreement shall be brought solely in the Fifth Judicial District Court in Iron County, Utah. I waive any objection to this venue based on forum non conveniens (inconvenient forum).


7. SEVERABILITY

If any portion of this Agreement is held invalid (e.g., if a court finds a specific provision overbroad), it is agreed that the remainder of the waiver shall continue in full legal force and effect.


8. ACKNOWLEDGMENT OF VOLUNTARY ACCEPTANCE OF ALL TERMS AND CONDITIONS IN THIS AGREEMENT

I have read this Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. By booking any services or use of facilities at The Lounge Spa and Recovery I agree to everything stated in this page within this agreement freely and voluntarily without any inducement.



Rules & Cancellation Policy


At The Lounge Spa & Recovery, our goal is to provide a tranquil, restorative experience for every guest. To ensure a safe and relaxing environment for all, we ask that you review and abide by the following policies.


Wellness Lounge & Sauna Guidelines

  • Own Risk: Use of the saunas, cold plunges, and recovery amenities is at your own risk.
  • Medical Conditions: Guests who are pregnant, elderly, or have a history of heart disease, diabetes, high or low blood pressure, or other circulatory issues should consult a physician before using the sauna or cold plunge.
  • Health & Safety:
  • Please do not use the facilities if you are feeling unwell or have a communicable condition.
  • Individuals under the influence of alcohol or other impairing substances are prohibited from using the facilities.
  • Running, horseplay, or unsafe activities are strictly prohibited.
  • Hydration: No food or glass containers are allowed in the sauna or plunge areas. We encourage you to stay hydrated with water.
  • Sauna Etiquette:
  • Please sit on the provided towels while in the sauna.
  • Do not tamper with the sauna thermostat or heating elements. If you need an adjustment, please ask a staff member.
  • Respect other guests’ quiet time and personal space.
  • Cold Plunge:
  • Please shower before entering the cold plunge.
  • Recommended time per plunge is 2–5 minutes.
  • Children under the age of 12 are not permitted in the cold plunge.



Cancellation & Refund Policy

To respect the time of our therapists and the availability of our facilities for other guests, we require 12 hours' notice to reschedule or cancel a general appointment and 24 hours' notice for group bookings.

General Bookings & Treatments

  • Before 12 Hours: If you cancel or reschedule more than 12 hours before your appointment, there is no penalty and you will receive a full refund or credit.
  • Within 12 Hours: Cancellations made within 12 hours of the appointment time are non-refundable.
  • No Show: Failure to arrive for your appointment without notice will result in a full charge of the scheduled service.

Members & Pass Holders

  • Before 12 Hours: No penalty.
  • Within 12 Hours: A late cancellation fee (e.g., $20) may be charged, or a session credit may be forfeited depending on your membership type.
  • No Show: A "No Show" fee applies, or the session credit will be forfeited. Outstanding fees must be paid before booking your next session.

Group Bookings

  • Before 24 Hours: Full refund.
  • Within 24 Hours: No refund.
  • No Show: No refund.


Contact Us

If you have questions regarding these policies or need to make changes to your appointment, please contact us directly.

  • Phone: (435) 223-0102
  • Email: theloungespabrianhead@gmail.com