Terms of Service for Services

Please read this legal document carefully. By using the services we offer you accept these terms. 

 
This Terms of Service and Liability Waiver and Release Agreement (“Agreement”) is entered into by the undersigned participant (referred to as “you,” “Client,” “Guest,” or “Participant”) in favor of 113 Spring NYC Inc., including its officers, employees, agents, partners, and affiliates (collectively, “113 Spring,” “we,” “us,” or the “Released Parties”). 
 

2. Age of Majority 
You represent and warrant that you are at least 18 years old and legally competent to enter into this Agreement. Minors may participate in specified programs only with written parental consent and adult supervision.

3. Pricing and Modification of Terms 

• Pricing is subject to change without notice. The price at booking confirmation is the price charged.
• We reserve the right to modify these Terms at any time. Updated terms will be posted on our website and apply to all future bookings. 

4. Assumption of Risk 
You acknowledge that participation in any service, experience, event, workshop, or activity at or through 113 Spring involves inherent risks, including but not limited to physical injury, adverse reactions, discomfort, illness, or loss or damage to personal property. These risks exist whether activities are technology-assisted, sensory-based, movement-based, thermally immersive, or wellness-oriented in nature, and whether risks are known or unknown at the time of your participation.

You represent that you are in adequate physical and mental health to participate in the activities you have selected, and that you have consulted or will consult a qualified healthcare provider before participating if you have any medical conditions, physical limitations, or health concerns that may be relevant. You accept sole responsibility for assessing your own readiness to participate.

You voluntarily and knowingly assume all such risks and agree that 113 Spring, its officers, employees, staff, instructors, partners, and agents are not liable for any injury, loss, or adverse outcome arising from your participation, except where caused by gross negligence or intentional misconduct.

5. Health and Safety 

Client Responsibility to Disclose Relevant Medical Conditions 
You are responsible for informing us of any medical conditions, allergies, sensitivities, pregnancy, or other health-related factors that may be relevant to your participation in our services prior to your appointment or experience. This includes conditions that may be affected by sensory environments, thermal or light-based therapies, electromagnetic technologies, physical movement, or the consumption of herbal preparations. We reserve the right to refuse or modify services if we determine that participation may not be appropriate for you. Failure to disclose relevant health information may result in adverse outcomes for which 113 Spring is not liable.

This experience incorporates pulsed electromagnetic field (PEMF) therapy, near-infrared and red light therapy, vibroacoustic stimulation, and thermal infrared heat. It is not suitable for individuals who:

• • Have photosensitive epilepsy or a history of seizures
  • Experience moderate to severe sensory processing difficulties or are highly sensitive to light or sound
  • Have other sensory sensitivities, or are easily overwhelmed in multisensory environments
  • Have a history of cluster headaches or frequent migraines
  • Have neurological or psychiatric conditions such as schizophrenia, psychosis, bipolar disorder, or PTSD (unless participation has been approved by a clinician)
  • Experience claustrophobia 
  • Have pacemakers, defibrillators, insulin pumps, implanted cochlear hearing devices and other implants that are battery operated or magnetically charged in or on one's body.
  • Have not undergone chemotherapy within the past 48 hours and am not currently under the influence of illegal narcotics or alcohol.
  • Are pregnant, had recent surgery, or who weigh over 400lbs:
  • Have any of the following: severe chronic inflammatory condition, an enclosed infection, hemophilia, a propensity to hemorrhage, seizures, blood clots, a fever, heat sensitivity, or any condition impairing sweating.
  • Are currently taking photosensitizing antibiotics.

If you are unsure whether these experiences are suitable for you, please consult your healthcare provider before participating. 

6. Release and Waiver 
To the fullest extent permitted by law, you hereby waive, release, and discharge the Released Parties from all claims, liabilities, damages, or causes of action arising out of or relating to any injury, loss, or damage sustained while participating, except for claims arising from gross negligence or intentional misconduct. 

7. Indemnification 
You agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or costs, including legal fees, arising from your participation, whether caused by the negligence of the Released Parties or otherwise. 

8. Rules and Policies Compliance 
You agree to comply with all rules, policies, and instructions provided by 113 Spring and its staff while on premises or participating in any service or event. Failure to comply may result in immediate removal without refund. 

• You may cancel or reschedule services more than 24 hours in advance for a full refund or to reschedule, using the client portal link provided in your confirmation or reminder email.
• Cancellations or rescheduling requests made less than 24 hours before your appointment must be made by contacting us directly. Refunds are generally not offered for these late changes, and rescheduling is not guaranteed; such requests may result in a charge of 100% of the service fee.
• For programs and events: No refunds or rescheduling are provided within 24 hours of the scheduled time.
• No-shows will forfeit the full payment; no refunds or rescheduling will be provided. 

While we will make reasonable efforts to accommodate last-minute changes on a case-by-case basis, we cannot guarantee that such requests will be honored, and the full fee may still apply. 

11. Acknowledgment of Understanding 
You affirm that you have read and understood this Agreement, voluntarily accept its terms, and acknowledge that you are waiving substantial legal rights, including the right to sue.

12. Severability 
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect. 

13. Governing Law 
This Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. 

By proceeding with your booking or participation, you acknowledge your understanding and acceptance of these Terms of Service and Liability Waiver.