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Terms & Conditions

Updated: January 28, 2025

 

Welcome to My Fancii Day Spa!  These Terms of Service (“Terms”) constitute a valid and binding agreement between My Fancii Day Spa (“MFDS,” “we,” or “us”) and you (“you,” or “your”).   Please read these Terms carefully.  By accessing or using our website, application, registering, ordering using or participating in any Services, you signify that you have read, understood, and agree to be bound by these terms herein. If you do not agree, you may not use the Services. You may only access and use the Services in accordance with these Terms.  These Terms, in addition to the applicable order form (“Order Form”), collectively form the “Agreement.”  You will adhere to all laws, rules, and regulations applicable to your use of the Services. 

 

You represent to us that you are lawfully able to enter into contracts. You must be at least 18 years of age (or the age of legal majority in your jurisdiction if different than 18) to be eligible to use the Services. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of these Terms. In certain instances, MFDS may require you to provide proof of identity to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof. The Agreement applies to all visitors, users, and others who access or receive the Services.

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  1. Use of Our Services

 

  • These Terms govern your access and use of the Services, and any information that is displayed or provided therein. By accessing and/or using the Services, you are indicating your acceptance of this Agreement, which thereby becomes a binding contract between you and MFDS, and you agree to be bound by all terms and conditions herein. MFDS’s acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms. 

  • You agree to provide accurate, current and complete information in connection with your registration and use of the Services (“Registration Data”) and agree to maintain and promptly update your Registration Data as necessary to maintain its accuracy. You may not register for Services using someone else’s MFDS or payment information. MFDS reserves the right to suspend or terminate access to and use of the MFDS Services, or any portion thereof, on the basis of inaccurate or incomplete Registration Data.

  • MFDS reserves the right to modify the Services from time to time and makes no guarantees as to the continuous availability of the Services or of any specific feature(s) or treatments of the Services.

  • We offer our Services throughout the United States.   We charge an additional fee which varies depending on travel time to the party venue.  If your home or venue is outside the Detroit metro area then the price will be adjusted due to accommodations and mileage.  Please contact us to confirm if your home or venue is within our service radius.  

  • We encourage you to communicate your preferences, medical conditions and expectations so that your personalized experience is maximized.  In the interest of your safety and comfort, please let us know of any medical or other issues that may affect the outcome of your spa treatments. We consider this and any other personal information to be highly confidential and treated with absolute discretion.

  • Please disclose if there are any pets, such as dogs or cats, at the location, as this information can be important for service providers who may have allergies. Furthermore, please inform us about the parking situation at your location, including whether parking is on the street, in a garage, valet service, or otherwise, and whether it is free or paid.

  • Please also specify the type of venue - whether it's a residence, a hotel, or an office. If the service is to be provided at a hotel or an office, kindly provide the name of the hotel or business. Please note that Services provided at hotels may incur higher fees.  It is your responsibility to ensure that our service providers can gain access to the venue. This includes, but is not limited to, securing any necessary permissions, passes, or access codes required for entry into buildings, gated communities, hotels or other secure locations. If our service providers are denied entry due to lack of necessary permissions, you will still be charged for the Services. By booking the Services, you agree to take all necessary steps to ensure our service providers can access the location and provide the Services as scheduled.

  • You acknowledge that a safe and comfortable environment is necessary for the provision of the Services and that MFDS may, in MFDS’s sole discretion, refuse to provide the Services in an environment that it reasonably determines to be unsafe or unsuitable. Any behavior that compromises the safety or comfort of our service providers may result in the immediate termination of the Services, and you will be charged the full cost of the session.  MFDS shall not be liable for any delay in the completion of, or inability to provide, the Services resulting from your failure to provide a suitable venue. 

  • OSF does not tolerate any requests deemed sexual or inappropriate in nature. In addition, the use of illegal drugs or other prohibited substances before or during the provision of the Services is strictly prohibited. You acknowledge and agree that, in the event that you or your guests exhibit any inappropriate or offensive behavior during, before or after the Services are being provided, MFDS reserves the right to terminate the Services without completing the Services. In all such circumstances, you will still be charged the full cost for the Services as if they were completed.​

 

2.  Payment

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  • You agree to pay MFDS such compensation as provided in the applicable order form (“Fees”).  Certain Fees may be required to be paid as deposits, in advance or in installments.

  • A credit card is the only form of payment we accept.  If MFDS is unable to complete a transaction or hold a deposit on your credit card, no Services will be booked or reserved.

  • You acknowledge and agree that there shall be no refunds under this Agreement for any reason, any Service delivered or scheduled to be delivered, whatsoever, including termination of this Agreement regardless of the cause of such termination. 

  • Any spa party Services missed, cancelled, or changed without at least 48 hours’ notice will result in a charge equal to 100% of the Fees. Gratuities are gratefully received to acknowledge good service.MFDS reserves the right to modify, discontinue, or increase prices on certain Services or treatments without prior notification. 

  • Interest and finance charges will accrue on all late payments, and will be charged at the maximum rate allowable by law, or at 2% per month, whichever is less. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by MFDS in collecting late or unpaid Fees due hereunder. Nothing mentioned herein will limit any additional rights and remedies available to MFDS at law or in equity arising out of your failure to make payment.

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3.  Privacy

 

We care about the privacy of our clients. MFDS’s privacy practices are governed by MFDS’s privacy policy, the most updated copy of which can be found at www.MFDS.com/privacy ("Privacy Policy"). The Privacy Policy does not cover the information practices exercised by any third parties that MFDS does not own or control.

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4.  Third-Party Links and Information

 

The Services may contain links to third-party sites or materials that are not owned or controlled by MFDS. MFDS does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that this Agreement and MFDS’s Privacy Policy do not apply to your use of such sites. You expressly relieve MFDS from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that MFDS shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

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5.  Disclaimers

 

Except as otherwise set forth herein, MFDS’s Services are provided on an “as is” and “as available” basis, and your use of the Services is at your own risk.  MFDS does not make, and hereby disclaims, any and all express, implied or statutory warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and any warranties arising from a course of dealing, usage or trade practice.  Furthermore, and without limitation, MFDS does not warrant that the use of MFDS’s Services will result in any particular results.  You agree that MFDS has made no agreements, representations or warranties other than those expressly set forth herein, and that no future agreement, representation or warranty with regard to Services provided under this Agreement shall be effective unless expressly stated in a written amendment to this Agreement signed by both you and MFDS.


6.  Indemnity

 

    You agree to defend, indemnify and hold harmless MFDS and its employees, contractors, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (“Losses”) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any applicable law, rule or regulation; or (iv) your acts and omissions, negligence or misconduct.
 

7.  Limitation of Liability

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  • IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MFDS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MFDS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SERVICES; OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. IN NO EVENT SHALL OSF, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO MFDS HEREUNDER OR $100, WHICHEVER IS GREATER.

  • THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  • If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

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8.  General

 

  • Independent Contractor.  MFDS provides its Services as an independent contractor and nothing in the Agreement shall be deemed to make either party an agent, employee, or partner of the other party.  

  • Governing Law; Limitation of Claims. This Agreement will be governed by and construed in accordance with the laws of the State of Michigan. The Uniform Computer Information Transactions Act will not apply and will not be invoked in any judicial or arbitral proceeding concerning this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action against OSF arising out of or related to this Agreement must be filed within one year after such claim or cause of action arose, or be forever barred.

  • Dispute Resolution.  Any disputes arising out of or related to this Agreement will be referred to and finally settled by binding arbitration in Wayne County, Michigan, in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect at the time of arbitration except as inconsistent with this section. All awards may if necessary be enforced by any court having jurisdiction. Each Party will be responsible for paying its applicable AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses.  The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, must be kept confidential. Except as required by law, no party will make any public announcements with respect to the proceeding or the award, except as required to enforce same. The parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Notwithstanding the foregoing, nothing in this section will preclude the right and ability for you or us to file and maintain at any time an action for recovery of injunctive or provisional relief in any court of competent jurisdiction under applicable law.

  • Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of MFDS, but may be assigned by MFDS without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

  • Notification Procedures and Changes to the Agreement. MFDS may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by MFDS in our sole discretion. MFDS reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in the Privacy Policy. MFDS is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. MFDS may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the last modified date at the top of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Services.

  • Electronic Communications.  Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement

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