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Terms and Conditions

TERMS & CONDITIONS

The Drapery Spa

Effective Date: 01/01/2026

IMPORTANT LEGAL NOTICE

THESE TERMS CONTAIN BINDING ARBITRATION, CLASS ACTION WAIVER, AND LIABILITY LIMITATION PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. BY PROCEEDING WITH CONSULTATION OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. PLEASE READ CAREFULLY.

1. ACCEPTANCE OF TERMS

By submitting an intake form, requesting information, scheduling a consultation, booking services, allowing Company personnel on your premises, or receiving services from The Drapery Spa (“Company,” “we,” “our,” or “us”), you (“Client,” “you,” or “your”) acknowledge that you have read, understood, and agree to be legally bound by these Terms & Conditions in their entirety.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL INTERACTION WITH THE DRAPERY SPA AND MAY NOT PROCEED WITH CONSULTATION OR SERVICES.

These Terms & Conditions constitute a legally binding contract between you and The Drapery Spa.

2. SCOPE OF SERVICES

2.1 Services Offered

The Drapery Spa provides professional textile and environmental care services, which may include but are not limited to:

  • In-home drapery cleaning and maintenance
  • HEPA-filtered dust extraction
  • Fabric conditioning and treatment
  • Precision steam refinement
  • Drapery reshaping and alignment
  • Hardware cleaning and detailing
  • Window frame and sill cleaning
  • Ceiling fan cleaning
  • Light fixture and pendant cleaning (subject to height and complexity restrictions)
  • Blinds cleaning
  • Spot treatment services
  • Off-site restoration services
  • Curtain rod, bracket, and finial care

2.2 Service Customization & Variable Results

All services are customized based on individual project requirements, including but not limited to:

  • Fabric type, weave, fiber composition, and construction
  • Textile age, condition, and manufacturing method
  • Installation method, hardware type, and mounting system
  • Ceiling height, access requirements, and clearance
  • Room configuration, obstructions, and site conditions
  • Environmental factors including light exposure, humidity, and air quality

CLIENT ACKNOWLEDGES AND AGREES THAT RESULTS WILL VARY SIGNIFICANTLY BASED ON THESE FACTORS AND THAT THE DRAPERY SPA MAKES NO GUARANTEES, WARRANTIES, OR REPRESENTATIONS REGARDING SPECIFIC OUTCOMES.

2.3 NO GUARANTEE OF RESULTS

The Drapery Spa does NOT guarantee and EXPRESSLY DISCLAIMS any warranty, express or implied, regarding:

  • Complete removal of all stains, spots, marks, or discoloration
  • Complete elimination of odors, allergens, or contaminants
  • Restoration to original, like-new, or any specific condition
  • Color matching, consistency, or dye stability
  • Reversal of sun fading, age-related deterioration, or wear
  • Prevention of future damage, deterioration, or degradation
  • Fabric shrinkage, dimensional stability, or shape retention
  • Compatibility with client expectations, aesthetic preferences, or subjective standards
  • Achievement of any specific appearance, feel, or performance characteristic

Client expressly acknowledges that professional textile care involves inherent limitations and that certain conditions cannot be reversed, improved, guaranteed, or predicted.

3. FABRIC CONDITION, PRE-EXISTING ISSUES & ASSUMPTION OF RISK

3.1 Pre-Existing Conditions

Client acknowledges that textiles, drapery, hardware, and related materials may have pre-existing conditions that significantly affect service outcomes and increase risk of damage, including but not limited to:

  • Weakened, brittle, deteriorated, or compromised fibers
  • Dye instability, bleeding potential, or color transfer risk
  • Shrinkage potential or dimensional instability
  • Sun damage, fading, UV deterioration, or discoloration
  • Dry rot, mildew, mold, moisture damage, or biological growth
  • Water stains, ring marks, spills, or liquid damage
  • Smoke damage, odor absorption, or particulate contamination
  • Pet-related damage, odors, stains, or biological contamination
  • Prior cleaning attempts, chemical treatments, or product exposure
  • Manufacturing defects, improper construction, or substandard materials
  • Improper installation, hardware failure, or mounting deficiencies
  • Structural fatigue, stress points, or weak seams
  • Age-related degradation or material breakdown

3.2 Company Not Responsible for Pre-Existing Damage or Conditions

THE DRAPERY SPA IS NOT RESPONSIBLE AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE, DETERIORATION, FAILURE, LOSS, OR UNSATISFACTORY RESULT CAUSED BY, RELATED TO, OR EXACERBATED BY:

  • Age-related fabric deterioration, material failure, or fiber breakdown
  • Manufacturer defects, improper fabrication, design flaws, or substandard materials
  • Previous cleaning methods, treatments, products, or chemical exposure
  • Latent defects, hidden weaknesses, or conditions not visible, detectable, or discoverable prior to or during service
  • Environmental factors including sun exposure, UV radiation, humidity, temperature fluctuations, air quality, pollutants, or atmospheric conditions
  • Pet damage, bodily fluids, biological contamination, or animal-related issues
  • Smoke, cooking residue, grease, airborne particle accumulation, or pollutant exposure over time
  • Client misuse, neglect, improper maintenance, or failure to care for textiles appropriately
  • Third-party actions, prior service providers, or previous interventions
  • Normal wear and tear, aging processes, or material degradation over time

3.3 Client Assumption of Risk

BY PROCEEDING WITH CONSULTATION AND/OR SERVICES, CLIENT EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISK associated with professional textile care and acknowledges that:

  • Certain materials, particularly aged, delicate, or damaged textiles, may react unpredictably to cleaning processes despite adherence to professional standards and best practices
  • Cleaning processes may reveal, expose, or worsen pre-existing damage that was not visible or apparent prior to service
  • Some fabrics cannot withstand any form of cleaning without risk of damage
  • Professional assessment cannot detect all latent defects or predict all potential adverse reactions
  • Results are subject to numerous variables beyond Company control

CLIENT ACCEPTS THESE RISKS VOLUNTARILY AND AGREES THAT THE DRAPERY SPA SHALL NOT BE LIABLE FOR ANY ADVERSE OUTCOMES RELATED TO PRE-EXISTING CONDITIONS OR MATERIAL VULNERABILITIES.

4. CONSULTATION PROCESS, EVALUATION & ABSOLUTE DISCRETION TO DECLINE SERVICES

4.1 Complimentary Consultation Process

All potential engagements begin with a complimentary professional consultation to evaluate project requirements, feasibility, and suitability.

Consultations may include:

  • Review of client-provided information through intake forms or initial communication
  • In-home assessment of fabric condition, type, construction, and installation
  • Evaluation of measurements, height, access requirements, and site conditions
  • Assessment of safety factors, structural considerations, and risk evaluation
  • Determination of appropriate service methods and recommendations
  • Preparation of service recommendations with scope and transparent pricing

4.2 Complimentary Consultations Create No Obligation

CONSULTATIONS ARE PROVIDED AT NO CHARGE AS A PROFESSIONAL COURTESY AND EVALUATION OPPORTUNITY.

CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT:

  • Complimentary consultations DO NOT create any obligation, commitment, or duty for The Drapery Spa to provide services, accept the project, or proceed with any work
  • Completion of consultation DOES NOT guarantee that services will be offered, scheduled, or performed
  • The Drapery Spa reserves ABSOLUTE AND SOLE DISCRETION to decline to provide services at any time, including after consultation, for any reason or no reason, without obligation to provide explanation or justification
  • No contractual relationship, service agreement, or binding commitment exists unless and until both parties execute a written service agreement

4.3 Company Absolute Right to Decline Services

THE DRAPERY SPA RESERVES THE UNCONDITIONAL, ABSOLUTE, AND SOLE DISCRETION TO DECLINE TO PROVIDE SERVICES AT ANY TIME, INCLUDING BUT NOT LIMITED TO:

  • Before consultation
  • During consultation
  • After consultation regardless of time elapsed
  • After providing service recommendations or pricing
  • After client acceptance or agreement
  • At any point prior to commencement of actual service delivery

Reasons for declining services may include but are not limited to:

  • Excessive risk of fabric damage, failure, or unsatisfactory outcome
  • Unsafe access conditions, structural concerns, or liability exposure
  • Materials deemed unsuitable, high-risk, or incompatible with available cleaning methods
  • Client expectations inconsistent with realistic, achievable outcomes
  • Inadequate compensation relative to risk, complexity, or resource requirements
  • Scheduling conflicts, resource limitations, or capacity constraints
  • Client behavior, conduct, communication style, or interaction concerns
  • Site conditions presenting unacceptable safety or liability exposure
  • Conflict with Company values, standards, or business practices
  • Any other reason deemed appropriate by Company in its sole judgment

THE DRAPERY SPA OWES NO DUTY TO EXPLAIN, JUSTIFY, OR PROVIDE RATIONALE FOR DECLINING SERVICES.

4.4 No Liability for Declining Services

Client agrees that The Drapery Spa shall have NO LIABILITY whatsoever for declining to provide services, including but not limited to:

  • No liability for client inconvenience, disappointment, or time invested
  • No liability for client reliance on anticipated service availability
  • No liability for client scheduling conflicts or arrangements made in anticipation of service
  • No liability for any consequential, incidental, or indirect damages arising from service declination
  • No duty to recommend alternative service providers

Client waives any and all claims related to Company’s exercise of discretion to decline services.

5. HEIGHT RESTRICTIONS, ACCESS LIMITATIONS & STRUCTURAL SAFETY

5.1 Maximum Service Height

The Drapery Spa is equipped to service drapery installations up to 20 feet in height, subject to safe access, adequate clearance, and acceptable site conditions.

Installations exceeding 20 feet in height may be declined entirely or may require:

  • Specialized equipment and additional fees
  • Modified service scope or limitations
  • Extended timelines or scheduling constraints
  • Additional safety measures or personnel

All determinations regarding installations above standard height are made at Company’s sole discretion.

5.2 Light Fixture & Pendant Height and Complexity Restrictions

Light fixture and pendant cleaning services are subject to significant limitations based on:

  • Fixture height (limitations apply above 12 feet)
  • Fixture complexity (crystal, glass, delicate components, intricate design)
  • Accessibility (obstructions, mounting type, clearance)
  • Material fragility (risk of damage during cleaning)

Service availability for light fixtures and pendants is determined during consultation and may be declined if height, complexity, or fragility present unacceptable risk.

5.3 Access & Safety Requirements

Client acknowledges that elevated work, equipment positioning, and physical site access involve inherent safety risks.

THE DRAPERY SPA IS NOT RESPONSIBLE FOR ISSUES ARISING FROM:

  • Excessive ceiling heights beyond safe equipment capabilities
  • Inadequate clearance for ladders, lifts, scaffolding, or equipment positioning
  • Restricted access due to furniture, fixtures, room configuration, or architectural features
  • Structural limitations including ceiling type, material, load capacity, or condition
  • Mounting surface instability, inadequacy, or deterioration
  • Obstructions, decorative elements, built-ins, or immovable objects
  • Undisclosed hazards, unsafe conditions, code violations, or site deficiencies
  • Floor surface instability, inadequacy for equipment support, or load limitations
  • Insufficient workspace, congestion, or inability to safely position equipment

5.4 Right to Modify, Postpone, or Decline Based on Conditions

THE DRAPERY SPA RESERVES THE UNCONDITIONAL RIGHT TO:

  • Modify service scope, methods, or approach based on site conditions
  • Postpone service pending resolution of safety or access issues
  • Decline to perform services entirely if conditions present unreasonable or unacceptable risk

This determination is made at Company’s sole discretion and may occur before, during, or after consultation without liability for costs, damages, delays, or compensation to Client.

6. HARDWARE, REMOVAL, REINSTALLATION & MOUNTING SURFACE INTEGRITY

6.1 Hardware Handling Standards

When removal, adjustment, or reinstallation of drapery hardware is required or requested as part of service delivery, The Drapery Spa exercises reasonable professional care consistent with industry standards.

6.2 No Responsibility for Hardware or Mounting Failure

THE DRAPERY SPA IS NOT RESPONSIBLE AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGE, FAILURE, OR ISSUES CAUSED BY OR RELATED TO:

  • Aging, corroded, weakened, stripped, or deteriorated hardware components
  • Improperly installed, under-secured, or inadequately anchored hardware
  • Hardware installed into inadequate mounting surfaces or without proper support
  • Drywall failure, crumbling, cracking, or inadequate thickness
  • Anchor failure, pull-out, stripping, or inadequate holding capacity
  • Stud absence, misalignment, inadequate dimensions, or compromised integrity
  • Previously compromised installations, prior repairs, or non-standard mounting methods
  • Hardware incompatibility with mounting surfaces or building structure
  • Weight load exceeding hardware or mounting surface capacity
  • Environmental degradation of mounting surfaces or structural components

6.3 Client Responsibility for Hardware Integrity

Client is solely responsible for ensuring that:

  • All hardware components are structurally sound, properly installed, and adequately secured prior to service
  • Mounting surfaces are capable of supporting hardware and textile weight
  • All anchors, fasteners, and mounting systems are appropriate and functional
  • Any concerns about hardware integrity are disclosed to Company prior to service

The Drapery Spa is under no duty to inspect, test, verify, or certify hardware integrity, mounting adequacy, or structural soundness.

7. PROPERTY & ENVIRONMENTAL DISCLAIMER

7.1 Inherent Risks of In-Home Service

Client acknowledges that performing services within furnished, occupied residential or commercial spaces carries inherent risks to property, surfaces, and furnishings.

7.2 Company Not Responsible for Property Conditions

THE DRAPERY SPA IS NOT RESPONSIBLE AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGE RESULTING FROM OR RELATED TO:

  • Pre-existing wall, ceiling, floor, molding, trim, or surface damage, deterioration, or defects
  • Fragile, aging, delicate, or compromised materials, finishes, or surfaces
  • Hidden defects, prior repairs, patches, concealed damage, or structural weaknesses
  • Normal wear, material fatigue, aging processes, or environmental degradation
  • Furniture, fixtures, decor, or personal property in or near service areas
  • Inadequate protection of furnishings or belongings by Client
  • Third-party property, belongings, or materials present during service
  • Building defects, code violations, or improper construction

7.3 Client Responsibility for Property Protection

Client is responsible for:

  • Removing or adequately protecting valuable, fragile, or irreplaceable items from service areas
  • Disclosing known defects, hazards, or concerns about property conditions
  • Providing adequate workspace free of unnecessary obstructions
  • Ensuring that furnishings, decor, and belongings are moved, covered, or protected as needed

The Drapery Spa assumes no responsibility for property not directly related to services being performed.

8. INDEMNIFICATION & HOLD HARMLESS

8.1 Client Indemnification of Company

Client agrees to indemnify, defend, and hold harmless The Drapery Spa, its owners, officers, employees, contractors, agents, and representatives from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to:

  • Pre-existing conditions, defects, or damage to textiles, hardware, or property
  • Client’s failure to disclose material information, hazards, or conditions
  • Client’s breach of these Terms & Conditions
  • Client’s negligence, willful misconduct, or violation of law
  • Third-party claims arising from conditions at Client’s property
  • Unsafe site conditions, undisclosed hazards, or code violations
  • Claims by other occupants, tenants, guests, or third parties present during service

8.2 Hold Harmless for Personnel Safety

Client agrees to hold The Drapery Spa harmless from any claims, injuries, or damages arising from site conditions including but not limited to:

  • Slippery surfaces, floor hazards, or tripping hazards
  • Inadequate lighting or visibility
  • Environmental hazards including mold, asbestos, lead paint, or contaminants
  • Pest infestations or unsanitary conditions
  • Electrical hazards, plumbing issues, or mechanical failures
  • Structural instability or building deficiencies

9. WORKER, CONTRACTOR & PERSONNEL PROTECTION

9.1 Service Personnel

Services may be performed by trained employees, independent contractors, subcontractors, or authorized personnel operating under The Drapery Spa’s direction and standards.

9.2 No Personal Liability for Personnel

Client agrees that The Drapery Spa, its owners, officers, employees, contractors, subcontractors, agents, and representatives SHALL NOT BE HELD PERSONALLY LIABLE FOR:

  • Accidental injury sustained during service delivery
  • Property damage resulting from unforeseen or unforeseeable conditions
  • Conditions arising from unsafe, undisclosed, or misrepresented site conditions
  • Client-directed actions, requests, or demands that increase risk
  • Third-party interference, disruption, or actions beyond Company control
  • Emergency situations or force majeure events

9.3 Non-Interference with Service Personnel

Client agrees:

  • NOT to supervise, direct, instruct, or interfere with service personnel during service delivery
  • NOT to request modifications to service methods or procedures during performance
  • That all service personnel act under Company direction and Company alone determines service methods
  • To address any concerns or requests to Company management, not to individual personnel

The Drapery Spa reserves the right to immediately discontinue service if Client interferes with personnel, creates unsafe conditions, or engages in inappropriate conduct.

10. LIMITATION OF LIABILITY

10.1 Maximum Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DRAPERY SPA’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO THE DRAPERY SPA FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

10.2 No Consequential or Indirect Damages

THE DRAPERY SPA SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, consequential, special, exemplary, or punitive damages of any kind
  • Loss of use, loss of enjoyment, or loss of aesthetic value
  • Emotional distress, mental anguish, or inconvenience
  • Loss of time, scheduling disruptions, or related inconveniences
  • Diminution in property value, real or perceived
  • Costs of replacement textiles, materials, or furnishings
  • Costs of alternative service providers or remediation
  • Any damages beyond the direct, actual cost of the specific service performed

This exclusion applies regardless of whether Company was advised of the possibility of such damages.

10.3 Exclusive Remedy

Client’s sole and exclusive remedy for any claim against The Drapery Spa is limited to refund of the amount paid for the specific service giving rise to the claim, subject to the terms and conditions herein.

11. DISPUTE RESOLUTION & BINDING ARBITRATION

11.1 Mandatory Arbitration

ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING FROM OR RELATING TO THESE TERMS, SERVICES PROVIDED, OR THE RELATIONSHIP BETWEEN CLIENT AND THE DRAPERY SPA SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, except as specified below.

Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) in effect at the time of the dispute.

11.2 Arbitration Location & Rules

Arbitration shall be conducted in Dallas County, Texas or another mutually agreed location. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

11.3 Waiver of Class Actions

CLIENT EXPRESSLY WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST THE DRAPERY SPA.

All disputes must be brought individually and not as part of any class or collective action.

11.4 Exception for Small Claims

Either party may elect to resolve disputes in small claims court if the claim qualifies under applicable small claims court jurisdictional limits and rules.

12. PAYMENT TERMS

12.1 Payment Requirements

Service fees and payment terms are disclosed in writing prior to service commencement through service agreement, written estimate, or invoice.

Payment is due as specified in the applicable service documentation, which may include:

  • Deposit required prior to service scheduling
  • Payment due upon service completion
  • Payment due within specified invoice terms
  • Other payment arrangements as agreed in writing

12.2 Late Payment & Collection

Failure to remit payment when due may result in:

  • Suspension or cancellation of scheduled services
  • Late payment fees or interest charges as permitted by law
  • Referral to collections agency
  • Legal action to recover amounts owed plus reasonable attorneys’ fees and costs

12.3 No Withholding for Disputes

Client may not withhold payment based on dissatisfaction, disputes, or claims regarding service quality, outcomes, or results.

Any disputes must be resolved through the dispute resolution process outlined in Section 11 while payment obligations remain in full force.

13. CANCELLATIONS, RESCHEDULING & NO-SHOW POLICY

13.1 Cancellation Notice Requirements

Cancellation and rescheduling policies are disclosed at the time of booking and may vary based on service type and complexity.

Client must provide notice of cancellation or rescheduling as specified in booking confirmation, typically:

  • Minimum 48-72 hours advance notice for standard services
  • Longer notice periods for complex or multi-day projects

13.2 Late Cancellation & No-Show Consequences

Missed appointments, late cancellations, or no-shows may result in:

  • Forfeiture of deposit (if applicable)
  • Cancellation fees equivalent to minimum service charge
  • Loss of scheduling priority for rescheduling
  • Discretionary denial of future service requests

14. HEALTH, SAFETY & SITE REQUIREMENTS

14.1 Client Obligation to Provide Safe Environment

Client MUST provide a safe, accessible, and sanitary work environment, including but not limited to:

  • Adequate lighting for service performance
  • Clear, unobstructed access to work areas
  • Removal of pets from service areas during performance
  • Disclosure of known hazards, conditions, or concerns
  • Compliance with health and safety regulations
  • Functional utilities (electricity, water, HVAC) as needed

14.2 Right to Refuse or Discontinue Service

THE DRAPERY SPA RESERVES THE UNCONDITIONAL RIGHT TO:

  • Refuse to commence service if conditions are deemed unsafe, unsanitary, or inappropriate
  • Discontinue service immediately if conditions deteriorate or become unsafe
  • Require corrective action or site improvements before service commencement or continuation

No refunds, credits, or compensation shall be owed if service is refused or discontinued due to site conditions, client conduct, or safety concerns.

14.3 Hazardous Conditions

Client must disclose known presence of:

  • Mold, mildew, or biological contamination
  • Asbestos, lead paint, or hazardous materials
  • Pest infestations or unsanitary conditions
  • Structural damage or building deficiencies
  • Any conditions posing health or safety risks

The Drapery Spa is NOT equipped to service textiles in environments containing hazardous materials and reserves the right to decline service based on such conditions.

15. PHOTOGRAPHY, DOCUMENTATION & INTELLECTUAL PROPERTY

15.1 Right to Document Services

The Drapery Spa may take photographs, videos, and documentation before, during, and after service delivery for purposes including but not limited to:

  • Assessment and evaluation
  • Quality control and training
  • Recordkeeping and documentation
  • Before/after comparison
  • Portfolio and marketing materials (subject to limitations below)

15.2 Use of Client Images

No identifying images of Client’s property, including exterior, interior, or any features that could identify the specific property or Client, will be used for marketing, advertising, or promotional purposes without Client’s express written consent.

Non-identifying detail shots, close-ups of textiles, or anonymized images may be used without consent.

15.3 Company Intellectual Property

All service methodologies, processes, techniques, recommendations, and proprietary information disclosed during consultation or service delivery remain the exclusive intellectual property of The Drapery Spa.

Client may not:

  • Disclose Company methods or techniques to third parties
  • Attempt to replicate or recreate Company services independently
  • Use Company information to compete or provide similar services

16. CONFIDENTIALITY & PRIVACY

16.1 Client Information Protection

The Drapery Spa maintains reasonable safeguards to protect Client information from unauthorized disclosure.

16.2 Exceptions to Confidentiality

The Drapery Spa may disclose Client information:

  • As required by law, regulation, or legal process
  • To contractors, vendors, or service providers necessary for service delivery
  • To insurance carriers or legal counsel in connection with claims or disputes
  • With Client’s express written consent

16.3 No Liability for Data Breach

While reasonable security measures are maintained, Client acknowledges that no system is completely secure and The Drapery Spa shall not be liable for unauthorized access, data breaches, or information disclosure beyond Company’s reasonable control.

17. FORCE MAJEURE

The Drapery Spa shall not be liable for failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to:

  • Acts of God, natural disasters, severe weather, or catastrophic events
  • War, terrorism, civil unrest, or government action
  • Strikes, labor disputes, or supply chain disruptions
  • Pandemics, epidemics, or public health emergencies
  • Equipment failure, utility outages, or infrastructure failures
  • Any other circumstances beyond Company’s reasonable control

Services may be rescheduled or canceled due to force majeure events without liability.

18. SEVERABILITY & WAIVER

18.1 Severability

If any provision of these Terms & Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18.2 No Waiver

Company’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. All rights and remedies are cumulative.

19. ENTIRE AGREEMENT & MODIFICATIONS

19.1 Entire Agreement

These Terms & Conditions, together with any written service agreement, constitute the entire agreement between Client and The Drapery Spa and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

19.2 Modifications

The Drapery Spa reserves the right to modify these Terms & Conditions at any time. Modifications become effective upon posting to Company website or provision to Client in writing.

Continued use of services following modifications constitutes acceptance of modified terms.

20. GOVERNING LAW & JURISDICTION

20.1 Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

20.2 Jurisdiction & Venue

Subject to the mandatory arbitration provisions in Section 11, any legal action must be brought exclusively in the state or federal courts located in Dallas County, Texas, and Client consents to personal jurisdiction and venue in such courts.

21. ACKNOWLEDGMENT & ACCEPTANCE

21.1 Client Acknowledgment

BY SUBMITTING AN INTAKE FORM, SCHEDULING A CONSULTATION, ALLOWING COMPANY PERSONNEL ON PREMISES, OR RECEIVING SERVICES, CLIENT CONFIRMS AND ACKNOWLEDGES THAT CLIENT HAS:

  • Read these Terms & Conditions in their entirety
  • Understood all provisions, limitations, and restrictions
  • Had opportunity to seek legal counsel or advice
  • Voluntarily agreed to be bound by these Terms & Conditions
  • Understood that consultation creates no obligation for Company to provide services
  • Accepted all risks, limitations of liability, and dispute resolution provisions

21.2 Specific Acknowledgments

Client specifically acknowledges and agrees that:

  • Complimentary consultations create NO obligation for The Drapery Spa to provide services
  • The Drapery Spa may decline services at any time for any reason without liability
  • Company liability is strictly limited as outlined herein
  • Disputes must be resolved through binding arbitration
  • Client waives the right to participate in class actions
  • Client assumes all risks related to pre-existing conditions and material vulnerabilities
  • Payment obligations are independent of service satisfaction or disputes

22. CONTACT INFORMATION

For questions regarding these Terms & Conditions, please contact:

The Drapery Spa
Email: legal@thedraperyspa.com
Phone: 972-809-9816

Last Updated: 01/2026

Version: 2.0