Legal Agreement & Policies

Terms of Service

Please read these terms carefully before scheduling or receiving any wellness and massage services at A Touch of Sun Spa.

Effective Date: August 20, 2026
Business: A Touch of Sun Spa
Location: Fort Myers, FL

Important Spa Information

Business: A Touch of Sun Spa

Address: 3714 Evans Ave, Suite 101, Fort Myers, Florida 33901

Phone: 239-490-2161 • Website: atouchofsunspa.com

All massage and spa services provided by A Touch of Sun Spa are professional wellness and therapeutic treatments only.

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1. Acceptance of Terms

Welcome to A Touch of Sun Spa. By accessing our website, booking an appointment, purchasing a service, or using our services, you agree to these Terms of Service.

If you do not agree with these Terms, please do not use our website or services.

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2. Spa Services

A Touch of Sun Spa provides massage and wellness services intended to promote relaxation and general well-being.

Our services are not intended to diagnose, treat, or cure medical conditions. Massage and spa services are not a substitute for professional medical care.

Service descriptions, prices, durations, and availability may change without notice.

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3. Appointments

Appointments may be scheduled through our website, by phone, or through other booking methods offered by A Touch of Sun Spa.

Customers are responsible for providing accurate contact and appointment information.

Please arrive on time for your scheduled appointment. Arriving late may reduce the amount of time available for your service, and the full service price may still apply.

A Touch of Sun Spa reserves the right to refuse, modify, or terminate an appointment when reasonably necessary for safety, employee protection, customer conduct, or compliance with applicable law.

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4. Cancellation and Rescheduling

We understand that plans can change. If you need to cancel or reschedule an appointment, please provide as much notice as possible.

A Touch of Sun Spa may establish cancellation, late-arrival, no-show, or rescheduling fees. Any applicable fees will be communicated to customers before or during the booking process.

Repeated no-shows or late cancellations may result in restrictions on future bookings.

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5. Payment

Customers agree to pay the applicable price for services received and any applicable fees that were properly disclosed under the spa's policies.

Prices displayed on the website or promotional materials may be subject to change. The price applicable at the time of booking or service will generally apply.

A Touch of Sun Spa may use third-party payment processors. Customers may be subject to the terms and privacy policies of those payment providers.

If an appointment is terminated because of a customer's violation of these Terms, including prohibited sexual conduct or inappropriate behavior, the customer remains responsible for payment of the scheduled appointment or applicable service/cancellation charge to the extent permitted by applicable law and the spa's disclosed policies.

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6. Health and Safety

Before receiving a service, customers should inform their massage therapist or spa professional of any medical conditions, injuries, allergies, medications, pregnancy, recent surgeries, or other circumstances that may affect the service.

Customers are responsible for providing accurate and complete health-related information relevant to their service.

A Touch of Sun Spa may decline or modify a service when reasonably necessary for the customer's safety.

If you have a medical condition or are unsure whether massage is appropriate for you, consult your physician or other qualified healthcare professional before receiving services.

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7. Customer Conduct

Customers are expected to behave respectfully toward spa employees, therapists, and other guests.

A Touch of Sun Spa does not tolerate:

  • Harassment;
  • Threats or intimidation;
  • Abusive or aggressive behavior;
  • Discriminatory or offensive conduct;
  • Inappropriate touching;
  • Sexual comments, requests, or solicitation;
  • Sexual activity or sexually inappropriate behavior;
  • Intentional exposure or inappropriate removal of draping;
  • Refusal to follow reasonable instructions from spa personnel;
  • Damage to spa property; or
  • Any other conduct that creates an unsafe, disruptive, or inappropriate environment.

A Touch of Sun Spa reserves the right to refuse or discontinue services when necessary to protect employees, customers, or the business.

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8. No Sexual Services and Prohibited Sexual Conduct

All massage and spa services provided by A Touch of Sun Spa are professional wellness services only.

A Touch of Sun Spa does not provide sexual services of any kind.

Sexual activity, sexual conduct, solicitation of sexual services, inappropriate touching, sexual comments or requests, intentional exposure, or any other sexually inappropriate behavior is strictly prohibited.

Customers must follow all professional draping instructions provided by the massage therapist or spa professional. Customers may not intentionally remove, misuse, or interfere with draping in a sexually inappropriate manner.

Prohibited conduct includes, but is not limited to:

  • Requesting sexual services;
  • Offering money or other compensation for sexual services;
  • Making sexual comments or repeated sexual requests;
  • Touching a therapist in a sexually inappropriate manner;
  • Exposing private areas of the body;
  • Engaging in sexual activity during an appointment;
  • Intentionally removing or misusing draping for sexual purposes;
  • Making sexual gestures or advances toward a therapist;
  • Attempting to turn a professional massage into a sexual encounter; or
  • Any other sexually inappropriate conduct.

If a customer violates this policy, A Touch of Sun Spa reserves the right to immediately terminate the appointment without completing the service.

When an appointment is terminated because of prohibited conduct, the customer remains responsible for payment of the scheduled appointment or applicable service/cancellation charge, to the extent permitted by applicable law and the spa's disclosed policies.

No refund will be provided for an appointment terminated because of prohibited conduct, except where a refund is required by applicable law.

The customer may also be refused future services or appointments at A Touch of Sun Spa.

If a customer refuses to leave the premises after being instructed to do so, becomes threatening or abusive, damages property, engages in potentially criminal conduct, or otherwise creates a safety concern, A Touch of Sun Spa may contact appropriate law enforcement.

A Touch of Sun Spa will not use or threaten unlawful force to collect payment. Any collection of unpaid amounts will be pursued only through lawful means.

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9. Right to Refuse or Terminate Service

A Touch of Sun Spa reserves the right to refuse service or terminate an appointment when a customer:

  • Violates these Terms of Service;
  • Engages in sexual or sexually inappropriate conduct;
  • Harasses, threatens, or abuses an employee or therapist;
  • Refuses to follow reasonable safety or professional instructions;
  • Appears to create a safety risk to employees, customers, or other persons;
  • Provides false or misleading information;
  • Attempts to obtain services through fraudulent means; or
  • Engages in conduct that violates applicable law.

When service is terminated because of customer misconduct, the customer may be responsible for the applicable appointment, service, cancellation, or other disclosed charge, subject to applicable law.

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10. Website Use

The information provided on our website is intended for general informational purposes.

You agree not to misuse the website, interfere with its operation, attempt unauthorized access, or use the website for unlawful purposes.

We may update, modify, suspend, or discontinue portions of the website at any time.

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11. Promotions and Special Offers

Promotions, discounts, packages, and special offers may be subject to additional terms and conditions.

Unless otherwise stated, promotions may not be combined with other offers and may have expiration dates or availability restrictions.

A Touch of Sun Spa reserves the right to modify or discontinue promotions at any time.

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12. Gift Cards

If A Touch of Sun Spa offers gift cards, their use may be subject to additional terms, expiration rules, and applicable Florida law.

Gift cards cannot be exchanged for cash except where required by law.

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13. Refunds

Refunds, credits, or exchanges for services are handled according to A Touch of Sun Spa's applicable refund and cancellation policies.

If you believe you were incorrectly charged or have a concern regarding a service, please contact us at 239-490-2161 so we can review the matter.

No refund is guaranteed for an appointment terminated because of a customer's violation of these Terms, except where otherwise required by applicable law.

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14. Health and Wellness Disclaimer

Massage and spa services are provided for relaxation and general wellness purposes.

A Touch of Sun Spa does not diagnose medical conditions or provide medical treatment unless specifically permitted by applicable law and within the professional scope of the individual providing the service.

Customers should seek advice from a qualified healthcare professional regarding medical conditions or concerns.

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15. Limitation of Liability

To the extent permitted by applicable law, A Touch of Sun Spa and its owners, employees, contractors, therapists, and service providers shall not be liable for damages arising from the use of our website or services except where such liability cannot legally be excluded or limited.

Customers are responsible for informing the spa of relevant health conditions and following reasonable instructions provided before or during a service.

Nothing in these Terms is intended to waive or limit any rights or liability that cannot legally be waived or limited under applicable law.

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16. Personal Information

Your use of our website and services may involve the collection and use of personal information.

Our collection, use, and protection of personal information are described in our Privacy Policy.

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17. Third-Party Services and Links

Our website may contain links to third-party websites, booking platforms, payment processors, social media platforms, or other services.

A Touch of Sun Spa is not responsible for the content, availability, security, or privacy practices of third-party websites or services.

Your use of third-party services may be subject to their own terms and policies.

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18. Intellectual Property

Unless otherwise stated, content appearing on the A Touch of Sun Spa website, including logos, text, photographs, graphics, designs, and other materials, belongs to A Touch of Sun Spa or its respective licensors.

You may not reproduce, copy, modify, distribute, or commercially use our content without prior written permission, except as permitted by law.

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19. Disclaimer

Spa and massage services are provided for relaxation and general wellness purposes.

Results may vary from person to person.

A Touch of Sun Spa does not guarantee any particular physical, emotional, or therapeutic result from its services.

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20. Changes to These Terms

A Touch of Sun Spa may update these Terms of Service from time to time.

When changes are made, the updated Terms will be posted on our website with a revised effective date.

Your continued use of the website or services after changes become effective constitutes acceptance of the updated Terms.

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21. Governing Law

These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.

Any dispute shall be handled in accordance with applicable Florida law and the appropriate courts or dispute-resolution procedures.

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22. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.

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24. SMS and Text Messaging Terms (10DLC & TCPA Compliance)

By providing your phone number and consenting to receive messages from A Touch of Sun Massage & Spa, LLC via website subscription, appointment intake, or booking forms, you agree to these SMS Terms:

  • Program Description: A Touch of Sun Massage & Spa, LLC sends promotional alerts, seasonal discounts, flash sales, appointment confirmations, and wellness updates to subscribed clients.
  • Message Frequency: Message frequency varies based on customer interaction and active promotions.
  • Message and Data Rates: Message and data rates may apply for any messages sent to you from us and to us from you.
  • How to Opt Out (STOP): You can cancel the SMS service at any time. Just text STOP to our number or reply STOP to any message. After sending STOP, you will receive a confirmation message and no further SMS messages will be sent unless you re-subscribe.
  • How to Get Help (HELP): If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or contact us directly at 239-490-2161 or info@atouchofsunspa.com.
  • Carrier Disclaimer: Wireless carriers are not liable for delayed or undelivered messages.
Privacy & Third-Party Sharing:
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. For complete privacy practices, please review our Privacy Policy.
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25. Contact Us

If you have questions regarding these Terms of Service, please contact:

A Touch of Sun Spa

3714 Evans Ave, Suite 101, Fort Myers, Florida 33901

Phone: 239-490-2161

Website: atouchofsunspa.com