Terms of Service

Effective Date: 2025-07-23
Latest Revision: 2025-07-26

These Terms of Service ("Terms") govern the use of massage therapy services ("Services") provided by Kizano's Massage, LLC, owned and operated by Mark E. Harris Jr., Licensed Massage Therapist (#MT135759), in the State of Texas.

By booking, paying for, or receiving Services, you ("Client", "you") agree to the following legally binding terms.

1. Professional Scope of Practice

• All services are therapeutic, professional, and strictly non‑sexual.
• Any suggestion, innuendo, or solicitation of sexual activity will result in immediate termination of the session, full charge, and permanent banning.
• Client agrees to communicate preferences (pressure, light, temperature, music) before or during the session for safety and comfort.

Legal Compliance Kizano's Massage, LLC operates in full compliance with Texas Occupations Code Chapter 455 and 16 Texas Administrative Code (TAC) Chapter 117. Under Penal Code 43.01(3), any sexual contact in a massage context is illegal and will be reported to the proper authorities.

2. Licensing and Regulatory Information

Massage therapy is provided by a licensed professional under Texas Department of Licensing and Regulation (TDLR) authority.

TDLR Contact Info:

Enforcement Division
PO Box 12157, Austin, TX 78711
Phone: (512) 463-6599
https://www.tdlr.texas.gov

3. Client Intake and Medical History

• All clients must complete a health intake form before the first session.
• You agree to disclose all relevant medical conditions, medications, injuries, or limitations.
• The therapist reserves the right to cancel or postpone sessions for health or safety concerns.

3A. Eligibility Restrictions

• No services are provided to anyone under the age of 18. A valid ID may be required.
• Prenatal massage is not available. Clients who are pregnant or trying to conceive must disclose this prior to booking.
• Failure to disclose may result in immediate session termination without refund and permanent banning.

4. Scheduling, Cancellations, and No‑Shows

• Sessions must be booked in advance using the official booking system.
• Cancellation 24 hours or more before the scheduled start: No penalty. The therapist will gladly refund, credit, or reschedule at the client’s choice.
• Cancellation less than 24 hours before the scheduled start: Refunds or rescheduling are at the therapist’s sole discretion. A full, partial, or zero refund may be offered.
• No‑call / No‑show: If the client fails to appear or to cancel without reasonable medical emergency or an unexpected act of God beyond their control, the payment is forfeited in full and may result in a ban from future bookings.
• Repeated late cancellations or no‑shows may lead to permanent refusal of service.

5. At‑Will Service Termination

Massage is an at‑will service. Either the client or the therapist may stop the session at any time, for any reason or no reason.

• If the therapist terminates the session for reasons other than client misconduct or health/safety concerns, a pro‑rated refund will be issued for unused time.
• If the client ends the session early, any refund is at the therapist’s discretion.
• If termination is due to misconduct or violation of these Terms, no refund will be given.

6. Draping and Client Modesty

In accordance with 16 TAC 117.91:

• The breasts of all female clients will be draped at all times unless the client gives written consent for breast massage prior to each session.
• The genital area and gluteal cleavage of all clients will remain draped at all times.
• The client may request additional draping for comfort, and the therapist will comply.

7. Sanitation and Hygiene

Kizano's Massage, LLC follows the sanitation standards in 16 TAC 117.83 and all applicable local health codes:

• Clean linens and towels are used for each client and washed in hot, chlorinated water.
• All equipment, furniture, and reusable implements are cleaned and disinfected between sessions.
• Hand‑washing facilities, soap, and hand sanitizer are available for client and therapist use.

8. Client Records and Retention

• A consultation document and session notes are completed and kept for every client, as required by 16 TAC 117.91.
• Records are retained securely for a minimum of four (4) years, exceeding the state requirement of two (2) years, and then destroyed in a confidential manner.
• Clients may request a copy of their records with a signed, written request.

9. Location and Accessibility

• All services are performed in‑office only at the therapist's private residence in Addison, Texas. No mobile massage services are offered.
• The exact address is disclosed only after booking is confirmed.
• The massage room is private and adheres to legal hygiene and safety standards.

10. Session Environment and Preferences

You may request custom settings during your session:

• Pressure level: Light, medium, deep tissue
• Lighting: Bright, dim, or off
• Music volume: Low, moderate, or off
• Room temperature: Adjusted within reason for comfort Please communicate these preferences before or during the session.

11. Client Conduct

• Respectful behavior is required at all times. Harassment, aggression, or inappropriate remarks will not be tolerated.
• Any violation will result in immediate termination of service with full charges due and permanent blacklisting.

12. Confidentiality and Privacy

• All client records and personal information are confidential under TDLR regulations and professional ethics.
• Information is not shared without written consent unless required by law.

13. Payment Terms

• Payment is due at the time of service. Accepted methods: Cash, Zelle, Venmo, or credit card (if available).
• Prepaid sessions are non‑refundable and not transferrable.
• Tips are appreciated but never required.

14. Liability Waiver

By accepting services, you acknowledge that massage therapy:

• Is not a substitute for medical care.
• Should not be used to diagnose or treat any medical condition.
• May involve physical touch that can affect circulation, nerve sensation, and emotional release. You release Kizano's Massage, LLC and Mark E. Harris Jr. from liability related to unintended physical or emotional reactions, provided care was delivered within the professional scope of practice.

15. Medical Emergencies

If a medical emergency occurs during a session:

• The therapist will stop the session immediately.
• 911 or emergency medical personnel will be contacted.
• Basic first aid or supportive measures may be provided until professionals arrive. The client assumes financial responsibility for resulting emergency care and agrees to hold Kizano's Massage, LLC harmless, provided reasonable and timely care was exercised.

16. Dispute Resolution and Arbitration

Any dispute or claim arising from these Services will be resolved through binding arbitration in Dallas County, Texas, under the Commercial Arbitration Rules of the American Arbitration Association.

• Good‑faith informal resolution must be attempted first.
• Arbitration costs will be shared equally unless the arbitrator decides otherwise.
• You waive the right to a jury trial or class action.

17. Modifications

Kizano's Massage, LLC may update these Terms at any time. The most current version is always posted at https://massage.markizano.net.

18. Governing Law

These Terms are governed by the laws of the State of Texas. Venue for any permitted court action will be the courts of competent jurisdiction located in Dallas County, Texas.

19. Contact

Kizano's Massage, LLC
Operated by: Mark E. Harris Jr., LMT #MT135759
Email: massage@markizano.net
Phone: (720) 295-0763
Website: massage.markizano.net