Informed Consent, Service Policies & Liability Waiver – THE7SPA
TURISMO GOURMET, S.A.P.I. DE C.V., hereinafter referred to as “THE7SPA” or the “Provider,” operating under the trade name Cartesiano Boutique & Wellness Hotel / THE7SPA, hereby makes available to its clients, guests, users, and visitors this Informed Consent, Service Policies & Liability Waiver document, which governs the provision of spa, massage, facial, wellness, hydrotherapy, and related services.By requesting, reserving, using, or receiving any THE7SPA service, the guest acknowledges having read, understood, and accepted this document.
1. Purpose and Scope of Services
The services provided by THE7SPA are intended for wellness, relaxation, personal care, non-medical physical recovery, and spa experiences. No massage, facial, body treatment, wellness experience, hydrotherapy circuit, or technology offered by THE7SPA is intended to replace medical diagnosis, treatment, follow-up care, psychological or psychiatric care, physical therapy, medical rehabilitation, or hospital intervention.THE7SPA reserves the right to refuse, suspend, reschedule, or modify any service when, in its reasonable judgment, physical, medical, behavioral, operational, or safety conditions may pose a risk to the guest, other clients, or staff members.
2. Declaration of Accurate Information
The guest declares that all personal, medical, skincare, physical, and relevant background information provided to THE7SPA is truthful, complete, and up to date, and agrees to promptly inform THE7SPA of any changes in health condition, pregnancy, injuries, allergies, medications, recent procedures, pain, sensitivities, contraindications, or any other circumstance that may affect the safety or suitability of the service.
Failure to disclose, falsification, inaccuracy, or omission of relevant information may result in denial, suspension, or termination of the service without liability to THE7SPA.
3. Informed Consent and Inherent Risks
The guest acknowledges that certain spa, massage, facial, hydrotherapy, thermal contrast, and related treatments may produce normal or inherent reactions, including but not limited to:
a) temporary redness;
b) skin sensitivity;
c) post-treatment muscle soreness;
d) minor bruising;
e) dizziness;
f) deep relaxation;
g) fatigue;
h) temporary changes in body sensitivity;
i) reactions to cosmetic or aromatic products; and
j) temporary discomfort associated with treatment techniques or applied pressure.
The guest voluntarily consents to receive the services, understanding their nature, scope, and inherent risks.
4. Minors
THE7SPA services are primarily intended for adults.For services provided to minors:
a) the minor must be accompanied at all times by a parent or legal guardian;
b) the parent or legal guardian must provide express consent and sign the corresponding authorization form; and
c) THE7SPA may restrict or deny access to certain areas, facilities, or services for safety, health, operational, or internal policy reasons.
Unless expressly authorized by THE7SPA, minors must refrain from using steam rooms, saunas, jacuzzis, cold plunges, contrast pools, or any heat or thermal contrast facilities.
5. Pregnancy and Special Conditions
For safety reasons, the use of the hydrotherapy circuit—including but not limited to steam rooms, saunas, jacuzzis, cold plunges, contrast immersions, and other thermal or hydrothermal facilities—is restricted throughout pregnancy unless expressly authorized in writing by the Provider under internal safety criteria.Prenatal massage may only be offered beginning in the 13th week of pregnancy, subject to:a) operational evaluation by THE7SPA;
b) absence of apparent contraindications;
c) the use of pregnancy-appropriate techniques; and
d) presentation of written medical authorization when requested by THE7SPA or when risk factors or special pregnancy conditions exist.THE7SPA reserves the right to deny, interrupt, or cancel services in cases of high-risk pregnancy, warning symptoms, visible discomfort, lack of medical authorization when required, or any situation deemed unsafe.
6. Medical Conditions, Allergies, and Contraindications
The guest agrees to disclose any medical condition, allergy, hypersensitivity, injury, recent surgery, circulatory issue, heart condition, dermatological concern, epilepsy, diabetes, respiratory condition, infection, acute pain, medication use, recent alcohol or substance consumption, recent aesthetic procedure, or any circumstance that may affect the service.
THE7SPA may modify treatments, adjust products, reduce intensity, omit techniques, or deny services whenever contraindications, risks, or reasonable safety concerns are identified.
7. Hydrotherapy Circuit and Facilities
The use of the hydrotherapy circuit, steam rooms, pools, tubs, jacuzzis, showers, wet areas, technology, and all other THE7SPA facilities must follow staff instructions at all times.Guests agree to:
a) comply with usage times, occupancy limits, instructions, and restrictions;
b) refrain from manipulating controls, equipment, temperatures, or restricted-access installations;
c) immediately report any physical discomfort, dizziness, falls, incidents, or observed malfunctions; and
d) use all facilities responsibly, hygienically, and respectfully.
THE7SPA may limit access to any facility for maintenance, safety, operational, weather-related, sanitation, capacity, health, or risk prevention reasons.
8. Conduct Within the Facilities
THE7SPA maintains a strict policy of respect, safety, and professionalism.
The following conduct is strictly prohibited:a) sexual remarks, advances, or behavior toward staff or other guests;
b) sexual acts or sexually suggestive conduct within the facilities;
c) entering the premises intoxicated or under the influence in a manner that compromises safety;
d) verbal or physical aggression toward staff or guests;
e) damage to furniture, equipment, linens, facilities, or amenities; and
f) failure to follow staff instructions related to safety, hygiene, operations, or coexistence.Violation of this policy may result in:i) immediate termination of the service;
ii) removal from the spa facilities;
iii) sanitation, deep cleaning, replacement, or repair charges when applicable;
iv) internal reporting to the hotel, if applicable; and
v) any applicable legal or administrative action.
When extraordinary sanitation, specialized cleaning, damages, or replacement costs are reasonably incurred, THE7SPA may apply the corresponding charges with internal justification.
9. Punctuality, Delays, and No-Shows
The guest acknowledges that THE7SPA services are organized according to scheduled times, treatment rooms, therapists, and operational availability.In case of late arrival:
a) the service may begin at the actual arrival time, subject to operational availability;
b) the service will still end at the originally scheduled time to avoid disruption to subsequent appointments; and
c) lost time due to guest delay will not be compensated.
In the event of a no-show, late cancellation, or rescheduling outside the permitted timeframe, the cancellation policy in effect at the time of booking shall apply, available at reception and at www.cartesiano360.com/en/spa/cancellation-policy
Cancellations must be made at least 24 hours before the scheduled appointment.
10. Pricing, Payments, and Additional Charges
The guest agrees to pay for all services reserved or received, as well as any additional consumption, upgrades, products, or related services expressly requested and accepted.
THE7SPA will not charge for additional services that were neither requested nor expressly authorized by the guest.Prices, promotions, restrictions, validity periods, special conditions, and applicable policies are those communicated at the time of reservation, confirmation, or service delivery.
11. Cancellations, Rescheduling, and Denial of Service
Cancellations and rescheduling requests are governed by the policy communicated to the guest at the time of booking.
THE7SPA may refuse, suspend, or cancel services without constituting breach of obligation when:a) medical or safety contraindications exist;
b) relevant information has been withheld;
c) aggressive, sexual, disrespectful, or unsafe behavior occurs;
d) intoxication or impairment incompatible with the service is detected;
e) operational issues or force majeure prevent safe service delivery; or
f) protection of the guest, third parties, or staff becomes necessary.
In such cases, THE7SPA will determine whether rescheduling, modifications, cancellation, or application of existing policies is appropriate.
12. Personal Belongings
Guests are responsible for their personal belongings. It is recommended not to bring jewelry, cash, documents, electronics, or valuables into treatment rooms, wet areas, or common spa spaces.
THE7SPA shall not be responsible for loss, theft, or damage to personal belongings unless formally entrusted for safekeeping or otherwise required by applicable law.
13. Liability Release and Reasonable Limitation of Liability
The guest acknowledges and accepts that THE7SPA services involve normal and reasonably foreseeable inherent risks associated with wellness, massage, spa, hydrotherapy, and non-medical personal care activities.
Accordingly, the guest accepts ordinary effects, expected reactions, or minor discomforts inherent to the services, provided THE7SPA has acted with reasonable care and according to standard operational practices.
Nothing in this document constitutes a waiver of non-waivable legal rights or a total release of THE7SPA from liability.
THE7SPA shall remain liable as required by law in cases of willful misconduct, negligence, malpractice, breach of obligation, service-related defects, damages caused by staff, or any other circumstance established by applicable law.
14. Privacy and Personal Data
Any personal or sensitive personal data provided by the guest in connection with reservations or services will be processed in accordance with THE7SPA’s Comprehensive Privacy Notice, available at reception and at: www.cartesiano360.com/en/spa/privacy-policy
The guest acknowledges having been informed of the existence of such Privacy Notice and of the mechanisms available to exercise rights of access, rectification, cancellation, and objection (ARCO Rights), revoke consent, and limit the use or disclosure of personal data.
15. Customer Service, Claims, and Complaints
For any clarification, follow-up, observation, or complaint related to the services, guests may contact THE7SPA directly through reception, via email at spa.concierge@cartesiano360.com, or through the customer service channels available at the establishment.
Mexico’s Federal Consumer Protection Agency (PROFECO) has administrative jurisdiction over disputes regarding the interpretation or fulfillment of services offered to consumers, without prejudice to any legal rights available to the parties under applicable law.
16. Governing Law and Jurisdiction
This document shall be governed by the applicable laws of the United Mexican States.
Without prejudice to the administrative authority of PROFECO, for the interpretation and enforcement of civil obligations arising hereunder, the parties may submit to the competent courts of the State of Puebla, Mexico, waiving any other jurisdiction that may apply due to their present or future domiciles, unless otherwise required by mandatory law.
17. Acceptance
The guest acknowledges having fully read, understood, and accepted this document; having had a reasonable opportunity to review its contents prior to receiving services; having had the opportunity to ask any relevant questions to THE7SPA staff; and that consent to receive services is free, informed, and voluntary.. providing information related to your health condition, allergies, pregnancy, medications, skin conditions, injuries, illnesses, or any other sensitive data through physical or digital forms or any authorized means, and by signing the corresponding document, you expressly provide written consent for the processing of such sensitive personal data exclusively for the primary purposes stated in this Privacy Notice.