TERMS OF SERVICE
Last Updated: September 29, 2026
Contents
PART 1: ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION
1. Assumption of Risk
2. Waiver and Release of Liability
3. Health Representations and Pre-Existing Conditions
4. Personal Property
5. Security Cameras — Notice and Consent
PART 2: MEMBERSHIP AND SERVICE TERMS
6. Eligibility
7. Account
8. Membership Term and Cancellation
9. Fees and Payment
10. Late Cancellation and No-Show Policy
11. Acceptable Use and Facility Rules
12. Modification and Discontinuation of Services
13. Intellectual Property
14. Consent to Electronic Communications
15. SMS Text Messaging Program
16. Indemnification
17. Governing Law and Dispute Resolution
18. General Provisions
THIS TERMS OF SERVICE AGREEMENT ("THIS AGREEMENT" OR "THESE TERMS") IS A LEGAL AGREEMENT BETWEEN YOU AND Fukiya, Inc. ("FUROYA," "WE," OR "US"), REGARDING YOUR USE OF OUR FACILITIES, SERVICES, WEBSITE AT WWW.FUROYA.US, AND ANY BOOKING APPLICATIONS OR PLATFORMS OPERATED BY OR ON BEHALF OF FUROYA (COLLECTIVELY, THE "SERVICE"). BY CLICKING "I AGREE," "I ACCEPT," OR EQUIVALENT LANGUAGE, OR BY ENTERING FUROYA'S PREMISES, YOU AGREE TO BE BOUND IN ALL RESPECTS BY THIS AGREEMENT AND WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION, AS SET FORTH BELOW.
PART 1: ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION
PLEASE READ CAREFULLY
IN CONSIDERATION OF FUROYA PERMITTING YOU ("I" OR "ME") TO PARTICIPATE IN SPA, SAUNA, STEAM, COLD PLUNGE, BATH, SHOWER, HYDROTHERAPY, AND/OR ANY OTHER AMENITIES, CLASSES, PROGRAMS, AND SERVICES OFFERED AT FUROYA'S PREMISES (ANY AND ALL SUCH ACTIVITIES REFERRED TO HEREIN, COLLECTIVELY, AS THE "ACTIVITY"), AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
1. Assumption of Risk
I understand and acknowledge that the Activity is inherently dangerous and involves serious risks and dangers, including personal or psychological injury, pain (including but not limited to skin irritation and muscle soreness), suffering, illness (including but not limited to exposure to communicable diseases such as COVID-19 or other airborne, waterborne, or contact-transmitted illnesses or infections (including but not limited to Legionella and fungal or skin infections)), temporary or permanent disability, death, property loss, damage, or theft, financial loss, harm or symptoms arising from exposure to heat, cold, and humidity (including but not limited to heat stroke, hypothermia, hyperthermia, dehydration, fatigue, fainting, dizziness, nausea, and claustrophobia), allergic reactions, drowning or near-drowning, burns or scalding from hot water, heated surfaces, or steam, and exposure to and contact with wet or slippery surfaces. I acknowledge that these risks may result from or be compounded by, in whole or in part, the actions, omissions, or negligence of myself or others, including other patrons' actions and/or the Released Parties (defined below).
NOTWITHSTANDING SUCH RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY EXPRESSLY AGREE TO FULLY ACCEPT AND ASSUME SUCH RISKS ARISING FROM MY VOLUNTARY PARTICIPATION IN THE ACTIVITY, INCLUDING INHERENT RISKS AND RISKS ARISING FROM THE NEGLIGENCE OF OTHERS (BUT EXCLUDING THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY NEW YORK GENERAL OBLIGATIONS LAW § 5-326 OR OTHER APPLICABLE LAW).
2. Waiver and Release of Liability
I hereby expressly waive and release Fukiya, Inc. and its parents, subsidiaries, affiliates, and each of their respective officers, directors, managers, members, employees, agents, representatives, contractors, insurers, successors and assigns (collectively, “Released Parties”) from any and all claims, demands, actions, or causes of action, whether known or unknown, against any Released Parties (collectively, “Claim(s)”) on account of injury, pain, suffering, illness, disability, death, loss, theft, damage, and/or harm arising out of or attributable to my being on Furoya’s premises and/or participating in the Activity, to the fullest extent permitted by law, including claims arising from inherent risks of the Activity. This release does not apply to claims arising from the ordinary negligence of the Released Parties to the extent such release is prohibited by New York General Obligations Law § 5-326 or any other applicable law, nor does it apply to claims arising from gross negligence, recklessness, or intentional misconduct of the Released Parties.
I hereby covenant not to make or bring any Claim against any Released Party and forever release and discharge the Released Parties from liability under such claims, demands, actions, or causes of action. I shall indemnify, defend, and hold harmless the Released Parties from and against any and all liabilities, claims, demands, actions, causes of action, losses, damages, judgments, settlements, awards, penalties, fines, fees, costs, or expenses of whatever kind arising out of or resulting from my being on Furoya's premises and/or participating in the Activity, including without limitation, any claim related to my own negligence or the negligence of the Released Parties.
In the event that a court of competent jurisdiction determines that the release of claims set forth herein is not valid, I agree that in no event shall the Released Parties' aggregate liability arising out of or related to the Activity exceed the greater of (i) the total amount paid by me to Furoya in the six (6) months preceding the event giving rise to the claim; and (ii) $500. Nothing in this Agreement shall be construed to release, waive, or limit any claim that cannot be released or waived under applicable law, including without limitation New York General Obligations Law § 5-326.
3. Health Representations and Pre-Existing Conditions
I confirm that I am in good health and physically and mentally able to participate in the Activity and do not have any medical or other conditions that would impair my ability to use any of the facilities or prevent me from participating in the Activity in any way. I acknowledge that it is solely my responsibility to consult with a physician prior to participating in the Activity. If at any time I believe conditions to be unsafe or that I am no longer in proper physical or mental condition to participate in the Activity, I will immediately discontinue further participation. I authorize emergency medical treatment deemed necessary if I am injured during my participation in the Activity and am solely responsible for all costs related to such treatment.
To the extent that I have any pre-existing medical conditions, injuries, disabilities or health issues that could be affected by or that could affect my participation in the Activity (any such condition, a "Pre-existing Medical Condition"), I hereby acknowledge and represent that I have disclosed to Furoya any such Pre-existing Medical Condition(s). I understand and acknowledge that participation in the Activity may aggravate, worsen or trigger symptoms relating to any Pre-existing Medical Condition I have, whether disclosed or undisclosed. I confirm that I have consulted with my physician regarding my safe participation in the Activity given my medical history or health status, or I voluntarily chose to participate without such consultation at my own risk.
4. Personal Property
I accept that Furoya assumes no responsibility for any of my personal property, regardless of whether such property is lost, stolen, or damaged, except to the extent caused by Furoya’s gross negligence or willful misconduct. Furoya provides lockers for storing personal items — I agree to keep my personal articles locked in my assigned locker during my stay and to ensure it is properly locked before leaving the locker room.
5. Security Cameras — Notice and Consent
FOR SECURITY AND SAFETY PURPOSES, FUROYA'S PREMISES ARE MONITORED BY CLOSED-CIRCUIT TELEVISION ("CCTV") AND OTHER SECURITY CAMERA SYSTEMS. CAMERAS ARE INSTALLED IN COMMON AREAS, ENTRYWAYS, CORRIDORS, AND OTHER NON-PRIVATE AREAS OF THE FACILITY. NO CAMERAS ARE INSTALLED IN CHANGING ROOMS, RESTROOMS, SHOWERS, OR ANY OTHER AREAS WHERE THERE IS A REASONABLE EXPECTATION OF NUDITY OR PRIVACY.
BY ENTERING FUROYA'S PREMISES AND BY AGREEING TO THIS AGREEMENT, I EXPRESSLY ACKNOWLEDGE NOTICE OF AND HEREBY CONSENT TO BEING RECORDED BY FUROYA'S SECURITY CAMERA SYSTEMS IN ALL MONITORED AREAS. I ACKNOWLEDGE THAT SUCH RECORDING IS FOR LEGITIMATE SECURITY, SAFETY, AND LOSS-PREVENTION PURPOSES, AND I AGREE THAT SUCH RECORDING DOES NOT CONSTITUTE AN INVASION OF MY PRIVACY. I WAIVE ANY AND ALL CLAIMS AGAINST THE RELEASED PARTIES ARISING FROM OR RELATED TO THE INSTALLATION OR OPERATION OF SUCH SECURITY CAMERA SYSTEMS IN NON-PRIVATE AREAS OF THE FACILITY. FOOTAGE MAY BE USED BY FUROYA FOR INTERNAL SECURITY PURPOSES AND MAY BE DISCLOSED TO LAW ENFORCEMENT AUTHORITIES AS REQUIRED BY APPLICABLE LAW. FOOTAGE IS STORED FOR A LIMITED PERIOD AND THEN AUTOMATICALLY DELETED IN ACCORDANCE WITH FUROYA'S DATA RETENTION PRACTICES, UNLESS RETAINED PURSUANT TO A LEGAL OBLIGATION OR ACTIVE INVESTIGATION. FOR FURTHER INFORMATION ON HOW CCTV FOOTAGE IS HANDLED, PLEASE REFER TO FUROYA'S PRIVACY POLICY.
PART 2: MEMBERSHIP AND SERVICE TERMS
6. Eligibility
You must be at least eighteen (18) years of age to use the Furoya facility and any services provided by us. By agreeing to these Terms during the sign-up process, you represent and certify that you are 18 years of age and legally able to enter into this Agreement. If we have reason to believe that any information regarding your age is inaccurate or incomplete, we may terminate your Membership and use of the Services.
7. Account
In order to use the Service, you must create an account through our booking platform. When setting up your account, you shall provide accurate, complete, and current information, including your name, date of birth, contact information, and emergency contact. You agree to update this information promptly as necessary to keep it current. You are solely responsible for all activities that occur through your account and for keeping your login credentials confidential. Do not share your username or password with any other person or entity. Please notify us immediately of any unauthorized use of your account by contacting us at info@furoyany.com. We reserve the right to suspend or cancel, without refund, any Membership which we believe has been compromised or is being used fraudulently, at our sole discretion.
8. Membership Term and Cancellation
(a) Term. Your membership will continue for the period specified at the time of purchase (single session, weekly, or monthly). Monthly memberships automatically renew unless you provide at least thirty (30) days' prior written notice of cancellation. Each membership includes use of Furoya's facilities for a ninety (90) minute session, once per day, for the applicable period.
(b) Cancellation by Member. You may cancel your Membership or an unused reservation by following the cancellation process in your account on the Furoya booking platform or by contacting us at info@furoyany.com. For cancellation of an add-on service reservation, if you process your cancellation request within 24 hours of purchase and at least 24 hours prior to your reservation, you will receive a full refund to your original payment method.
(c) Cancellation by Furoya. Furoya may cancel your Membership or any Service in the event of your material breach of these Terms, fraudulent use of your account, conduct that endangers the safety or well-being of others, or other legitimate business or safety reasons. Where practicable, Furoya will provide reasonable notice of such cancellation.
(d) Credit and Expiration. If you purchase a single session pass or non-renewing membership and do not use it on the commencement date, you have twelve (12) months from the date of purchase to use the membership credit. If you do not use the membership credit within this twelve (12) month period, you will forfeit 100% of the amount paid.
(e) Click-to-Cancel (Consumer Self-Service). Where enabled on our booking platform, members may cancel upcoming membership renewals directly within web and mobile app interfaces without contacting staff.
9. Fees and Payment
(a) Membership Fees. When you purchase a Membership, the fee specified at the time of purchase shall apply for the initial term. Unless we notify you otherwise, the fee for a renewal term shall be the same as the prior term. We reserve the right to change our membership prices at any time and will notify you via email at least thirty (30) days prior to any price increase. Any increased fee shall apply to renewal terms commencing after the effective date of such change.
(b) Payment Processing. Furoya uses a third-party membership management and payment processing system (currently operated via Mariana Tek / Xplor) to process and manage reservations and payments. The processing of payments and credits in connection with your Membership will be subject to the terms, conditions and privacy policy of that provider and your credit card issuer, in addition to these Terms. Furoya is not responsible for any errors by said provider or any other third party.
(c) Non-Refundable. Except as expressly set forth in Section 8(b) above, Membership Fees are non-refundable. Furoya shall have no obligation to refund any Membership Fees or other amounts, even if you do not use your Membership, or if your Membership is terminated by you or by us before the end of the then-current term.
10. Late Cancellation and No-Show Policy
Furoya has a strict late cancellation and no-show policy to ensure fair access to our facilities for all members. If you cancel your reservation outside of the permitted cancellation window (24- hours prior to the session), or if you fail to appear for a booked session ("No-Show"), you will forfeit the credit, and the cancellation fee for 100% of the ticket price will be charged. This fee is automatically processed within twenty-four (24) hours following the scheduled session. Excessive late cancellations or no-shows may result in suspension or termination of your Membership at Furoya's sole discretion.
11. Acceptable Use and Facility Rules
(a) Drugs and Alcohol. You agree to conduct yourself in a safe and reasonable manner while in the Furoya facility. You will not use any services while under the influence of drugs or alcohol and will not consume drugs or alcohol while on Furoya's premises.
(b) Minimum Age. You must be at least 18 years of age to use the facility. Furoya staff may request proof of age at any time.
(c) Health Conditions. It is your responsibility to inform us upon booking of any health conditions, allergies, injuries, or accessibility requirements that could affect your experience.
(d) Conduct. You agree to treat all other guests and Furoya staff with respect. Threatening language, harassment, discrimination, or any behavior that endangers the safety or well-being of others will not be tolerated and may result in immediate removal from the premises and termination of your Membership without refund. Sexual activity, indecent exposure, and lewd or sexually suggestive conduct are strictly prohibited anywhere on the premises.
(e) Photography and Recording. The use of phones, cameras, or any other recording devices is strictly prohibited in locker rooms, showers, and all bathing and sauna areas; devices must be stored in your locker. Photography and video recording of other guests without their consent is strictly prohibited and will result in immediate removal from the premises and termination of your Membership without refund.
(f) Non-Discrimination; Tattoos. Furoya welcomes guests of all backgrounds. Tattoos are permitted. Furoya does not discriminate on the basis of race, color, religion, national origin, gender, gender identity or expression, sexual orientation, disability, or any other characteristic protected under federal, New York State, or New York City law.
(g) Hygiene and Health Safety. For the health and safety of all guests, you must shower before entering any bath. Do not enter the baths if you have open wounds, active skin infections, diarrhea, or symptoms of contagious illness.
12. Modification and Discontinuation of Services
Furoya reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, any of the Services or any portion thereof, with or without prior notice. You agree that Furoya will not be liable to you or to any third party for any such modification, suspension, or discontinuation. Furoya also reserves the right to change its hours of operation at any time.
13. Intellectual Property
All materials on the Furoya website and booking platform, including logos, trademarks, images, text, graphics, and other elements, are protected by copyright, trademark, and/or other intellectual property rights owned by or licensed to Furoya. No such material may be copied, reproduced, distributed, or otherwise used without Furoya's prior written permission.
14. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account, booking confirmations, membership updates, and marketing emails (if you have opted in). You agree that any notices, agreements, or other communications that we send to you electronically will satisfy any applicable legal communication requirements. Text message (SMS) communications are governed by Section 15 below.
15. SMS Text Messaging Program
(a) Program Description. By opting in, you agree to receive recurring automated text messages from Furoya Bath and Sauna, operated by Fukiya, Inc. ("Furoya," "we," "us," or "our"), at the mobile number you provided. Messages may include booking confirmations and reminders, waitlist and schedule-change notifications, account and membership alerts, customer support follow-ups, and, where you have separately opted in to receive marketing messages, promotional offers and announcements. Consent to receive these messages is not a condition of any purchase.
(b) Message Frequency. Message frequency varies depending on your bookings, account activity, and interactions with us.
(c) Message and Data Rates. Message and data rates may apply. Charges are billed by and payable to your mobile service provider. Please contact your wireless carrier for details about your messaging plan.
(d) How to Opt Out and Get Help. You can unsubscribe from the SMS service at any time by replying STOP to any message we send you. After you send STOP, you will receive a one-time confirmation message, and no further messages will be sent. If you want to rejoin, you can sign up again using the original opt-in method or reply START. For help or more information at any time, reply HELP to any of our messages. You can also contact our support team directly at info@furoyany.com.
(e) Carrier Liability Disclaimer. Carriers are not liable for any delayed or undelivered messages.
(f) Privacy. Our Privacy Policy, available at www.furoya.us/privacy-policy, explains how we collect, use, and protect your information, including your mobile information. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
16. Indemnification
You shall indemnify, defend, and hold harmless the Released Parties from and against any and all liabilities, claims, demands, actions, losses, damages, judgments, settlements, penalties, fines, fees, costs, or expenses of whatever kind arising out of or resulting from: (i) your use of Furoya's facilities and Services; (ii) your violation of these Terms; (iii) your violation of any applicable law; or (iv) any claim by a third party arising from your conduct on Furoya's premises.
17. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any disputes arising out of or relating to this Agreement must be brought exclusively in the federal or state courts located in New York County, New York. THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT.
18. General Provisions
(a) Entire Agreement. This Agreement constitutes the sole and entire agreement between Furoya and you with respect to the subject matter herein and supersedes all prior understandings and agreements, both written and oral.
(b) Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision herein.
(c) Modification of Terms. Furoya may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this document and will provide notice of material changes via email or a prominent notice on our Website or booking platform. If we make material adverse changes to these Terms, you will have a reasonable opportunity to terminate your Membership without penalty before the changes take effect. Your continued use of our Service after the effective date of any updated Terms will constitute your acceptance of the updated Terms.
(d) Survival. The provisions of Sections 2 (Waiver and Release), 5 (Security Cameras), 9 (Fees and Payment), 16 (Indemnification), 17 (Governing Law), and 18 (General Provisions) shall survive any cancellation, termination, or expiration of this Agreement.
(e) Binding Agreement. This Agreement is binding on and shall inure to the benefit of Furoya and each member and their respective heirs, executors, administrators, successors, and permitted assigns.
(f) Force Majeure and Temporary Closures. Furoya shall not be liable for any failure or delay in performing its obligations under this Agreement, or for any interruption, suspension, or modification of Services, if such failure, delay, or interruption results from circumstances beyond Furoya’s reasonable control, including but not limited to acts of God, natural disasters, pandemic or public-health orders, government actions, utility failures, labor disputes, or other force-majeure events. Furoya reserves the right to temporarily close or limit access to the facility in such circumstances without liability.
BY SIGNING OR CLICKING "I AGREE," I CERTIFY THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS INCLUDING THE RIGHT TO SUE. I AM AT LEAST 18 YEARS OF AGE, I AM FULLY COMPETENT TO SIGN THIS AGREEMENT, AND I DO SO FREELY AND VOLUNTARILY.
Contents
PART 1: ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION
1. Assumption of Risk
2. Waiver and Release of Liability
3. Health Representations and Pre-Existing Conditions
4. Personal Property
5. Security Cameras — Notice and Consent
PART 2: MEMBERSHIP AND SERVICE TERMS
6. Eligibility
7. Account
8. Membership Term and Cancellation
9. Fees and Payment
10. Late Cancellation and No-Show Policy
11. Acceptable Use and Facility Rules
12. Modification and Discontinuation of Services
13. Intellectual Property
14. Consent to Electronic Communications
15. SMS Text Messaging Program
16. Indemnification
17. Governing Law and Dispute Resolution
18. General Provisions
THIS TERMS OF SERVICE AGREEMENT ("THIS AGREEMENT" OR "THESE TERMS") IS A LEGAL AGREEMENT BETWEEN YOU AND Fukiya, Inc. ("FUROYA," "WE," OR "US"), REGARDING YOUR USE OF OUR FACILITIES, SERVICES, WEBSITE AT WWW.FUROYA.US, AND ANY BOOKING APPLICATIONS OR PLATFORMS OPERATED BY OR ON BEHALF OF FUROYA (COLLECTIVELY, THE "SERVICE"). BY CLICKING "I AGREE," "I ACCEPT," OR EQUIVALENT LANGUAGE, OR BY ENTERING FUROYA'S PREMISES, YOU AGREE TO BE BOUND IN ALL RESPECTS BY THIS AGREEMENT AND WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION, AS SET FORTH BELOW.
PART 1: ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION
PLEASE READ CAREFULLY
IN CONSIDERATION OF FUROYA PERMITTING YOU ("I" OR "ME") TO PARTICIPATE IN SPA, SAUNA, STEAM, COLD PLUNGE, BATH, SHOWER, HYDROTHERAPY, AND/OR ANY OTHER AMENITIES, CLASSES, PROGRAMS, AND SERVICES OFFERED AT FUROYA'S PREMISES (ANY AND ALL SUCH ACTIVITIES REFERRED TO HEREIN, COLLECTIVELY, AS THE "ACTIVITY"), AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
1. Assumption of Risk
I understand and acknowledge that the Activity is inherently dangerous and involves serious risks and dangers, including personal or psychological injury, pain (including but not limited to skin irritation and muscle soreness), suffering, illness (including but not limited to exposure to communicable diseases such as COVID-19 or other airborne, waterborne, or contact-transmitted illnesses or infections (including but not limited to Legionella and fungal or skin infections)), temporary or permanent disability, death, property loss, damage, or theft, financial loss, harm or symptoms arising from exposure to heat, cold, and humidity (including but not limited to heat stroke, hypothermia, hyperthermia, dehydration, fatigue, fainting, dizziness, nausea, and claustrophobia), allergic reactions, drowning or near-drowning, burns or scalding from hot water, heated surfaces, or steam, and exposure to and contact with wet or slippery surfaces. I acknowledge that these risks may result from or be compounded by, in whole or in part, the actions, omissions, or negligence of myself or others, including other patrons' actions and/or the Released Parties (defined below).
NOTWITHSTANDING SUCH RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY EXPRESSLY AGREE TO FULLY ACCEPT AND ASSUME SUCH RISKS ARISING FROM MY VOLUNTARY PARTICIPATION IN THE ACTIVITY, INCLUDING INHERENT RISKS AND RISKS ARISING FROM THE NEGLIGENCE OF OTHERS (BUT EXCLUDING THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY NEW YORK GENERAL OBLIGATIONS LAW § 5-326 OR OTHER APPLICABLE LAW).
2. Waiver and Release of Liability
I hereby expressly waive and release Fukiya, Inc. and its parents, subsidiaries, affiliates, and each of their respective officers, directors, managers, members, employees, agents, representatives, contractors, insurers, successors and assigns (collectively, “Released Parties”) from any and all claims, demands, actions, or causes of action, whether known or unknown, against any Released Parties (collectively, “Claim(s)”) on account of injury, pain, suffering, illness, disability, death, loss, theft, damage, and/or harm arising out of or attributable to my being on Furoya’s premises and/or participating in the Activity, to the fullest extent permitted by law, including claims arising from inherent risks of the Activity. This release does not apply to claims arising from the ordinary negligence of the Released Parties to the extent such release is prohibited by New York General Obligations Law § 5-326 or any other applicable law, nor does it apply to claims arising from gross negligence, recklessness, or intentional misconduct of the Released Parties.
I hereby covenant not to make or bring any Claim against any Released Party and forever release and discharge the Released Parties from liability under such claims, demands, actions, or causes of action. I shall indemnify, defend, and hold harmless the Released Parties from and against any and all liabilities, claims, demands, actions, causes of action, losses, damages, judgments, settlements, awards, penalties, fines, fees, costs, or expenses of whatever kind arising out of or resulting from my being on Furoya's premises and/or participating in the Activity, including without limitation, any claim related to my own negligence or the negligence of the Released Parties.
In the event that a court of competent jurisdiction determines that the release of claims set forth herein is not valid, I agree that in no event shall the Released Parties' aggregate liability arising out of or related to the Activity exceed the greater of (i) the total amount paid by me to Furoya in the six (6) months preceding the event giving rise to the claim; and (ii) $500. Nothing in this Agreement shall be construed to release, waive, or limit any claim that cannot be released or waived under applicable law, including without limitation New York General Obligations Law § 5-326.
3. Health Representations and Pre-Existing Conditions
I confirm that I am in good health and physically and mentally able to participate in the Activity and do not have any medical or other conditions that would impair my ability to use any of the facilities or prevent me from participating in the Activity in any way. I acknowledge that it is solely my responsibility to consult with a physician prior to participating in the Activity. If at any time I believe conditions to be unsafe or that I am no longer in proper physical or mental condition to participate in the Activity, I will immediately discontinue further participation. I authorize emergency medical treatment deemed necessary if I am injured during my participation in the Activity and am solely responsible for all costs related to such treatment.
To the extent that I have any pre-existing medical conditions, injuries, disabilities or health issues that could be affected by or that could affect my participation in the Activity (any such condition, a "Pre-existing Medical Condition"), I hereby acknowledge and represent that I have disclosed to Furoya any such Pre-existing Medical Condition(s). I understand and acknowledge that participation in the Activity may aggravate, worsen or trigger symptoms relating to any Pre-existing Medical Condition I have, whether disclosed or undisclosed. I confirm that I have consulted with my physician regarding my safe participation in the Activity given my medical history or health status, or I voluntarily chose to participate without such consultation at my own risk.
4. Personal Property
I accept that Furoya assumes no responsibility for any of my personal property, regardless of whether such property is lost, stolen, or damaged, except to the extent caused by Furoya’s gross negligence or willful misconduct. Furoya provides lockers for storing personal items — I agree to keep my personal articles locked in my assigned locker during my stay and to ensure it is properly locked before leaving the locker room.
5. Security Cameras — Notice and Consent
FOR SECURITY AND SAFETY PURPOSES, FUROYA'S PREMISES ARE MONITORED BY CLOSED-CIRCUIT TELEVISION ("CCTV") AND OTHER SECURITY CAMERA SYSTEMS. CAMERAS ARE INSTALLED IN COMMON AREAS, ENTRYWAYS, CORRIDORS, AND OTHER NON-PRIVATE AREAS OF THE FACILITY. NO CAMERAS ARE INSTALLED IN CHANGING ROOMS, RESTROOMS, SHOWERS, OR ANY OTHER AREAS WHERE THERE IS A REASONABLE EXPECTATION OF NUDITY OR PRIVACY.
BY ENTERING FUROYA'S PREMISES AND BY AGREEING TO THIS AGREEMENT, I EXPRESSLY ACKNOWLEDGE NOTICE OF AND HEREBY CONSENT TO BEING RECORDED BY FUROYA'S SECURITY CAMERA SYSTEMS IN ALL MONITORED AREAS. I ACKNOWLEDGE THAT SUCH RECORDING IS FOR LEGITIMATE SECURITY, SAFETY, AND LOSS-PREVENTION PURPOSES, AND I AGREE THAT SUCH RECORDING DOES NOT CONSTITUTE AN INVASION OF MY PRIVACY. I WAIVE ANY AND ALL CLAIMS AGAINST THE RELEASED PARTIES ARISING FROM OR RELATED TO THE INSTALLATION OR OPERATION OF SUCH SECURITY CAMERA SYSTEMS IN NON-PRIVATE AREAS OF THE FACILITY. FOOTAGE MAY BE USED BY FUROYA FOR INTERNAL SECURITY PURPOSES AND MAY BE DISCLOSED TO LAW ENFORCEMENT AUTHORITIES AS REQUIRED BY APPLICABLE LAW. FOOTAGE IS STORED FOR A LIMITED PERIOD AND THEN AUTOMATICALLY DELETED IN ACCORDANCE WITH FUROYA'S DATA RETENTION PRACTICES, UNLESS RETAINED PURSUANT TO A LEGAL OBLIGATION OR ACTIVE INVESTIGATION. FOR FURTHER INFORMATION ON HOW CCTV FOOTAGE IS HANDLED, PLEASE REFER TO FUROYA'S PRIVACY POLICY.
PART 2: MEMBERSHIP AND SERVICE TERMS
6. Eligibility
You must be at least eighteen (18) years of age to use the Furoya facility and any services provided by us. By agreeing to these Terms during the sign-up process, you represent and certify that you are 18 years of age and legally able to enter into this Agreement. If we have reason to believe that any information regarding your age is inaccurate or incomplete, we may terminate your Membership and use of the Services.
7. Account
In order to use the Service, you must create an account through our booking platform. When setting up your account, you shall provide accurate, complete, and current information, including your name, date of birth, contact information, and emergency contact. You agree to update this information promptly as necessary to keep it current. You are solely responsible for all activities that occur through your account and for keeping your login credentials confidential. Do not share your username or password with any other person or entity. Please notify us immediately of any unauthorized use of your account by contacting us at info@furoyany.com. We reserve the right to suspend or cancel, without refund, any Membership which we believe has been compromised or is being used fraudulently, at our sole discretion.
8. Membership Term and Cancellation
(a) Term. Your membership will continue for the period specified at the time of purchase (single session, weekly, or monthly). Monthly memberships automatically renew unless you provide at least thirty (30) days' prior written notice of cancellation. Each membership includes use of Furoya's facilities for a ninety (90) minute session, once per day, for the applicable period.
(b) Cancellation by Member. You may cancel your Membership or an unused reservation by following the cancellation process in your account on the Furoya booking platform or by contacting us at info@furoyany.com. For cancellation of an add-on service reservation, if you process your cancellation request within 24 hours of purchase and at least 24 hours prior to your reservation, you will receive a full refund to your original payment method.
(c) Cancellation by Furoya. Furoya may cancel your Membership or any Service in the event of your material breach of these Terms, fraudulent use of your account, conduct that endangers the safety or well-being of others, or other legitimate business or safety reasons. Where practicable, Furoya will provide reasonable notice of such cancellation.
(d) Credit and Expiration. If you purchase a single session pass or non-renewing membership and do not use it on the commencement date, you have twelve (12) months from the date of purchase to use the membership credit. If you do not use the membership credit within this twelve (12) month period, you will forfeit 100% of the amount paid.
(e) Click-to-Cancel (Consumer Self-Service). Where enabled on our booking platform, members may cancel upcoming membership renewals directly within web and mobile app interfaces without contacting staff.
9. Fees and Payment
(a) Membership Fees. When you purchase a Membership, the fee specified at the time of purchase shall apply for the initial term. Unless we notify you otherwise, the fee for a renewal term shall be the same as the prior term. We reserve the right to change our membership prices at any time and will notify you via email at least thirty (30) days prior to any price increase. Any increased fee shall apply to renewal terms commencing after the effective date of such change.
(b) Payment Processing. Furoya uses a third-party membership management and payment processing system (currently operated via Mariana Tek / Xplor) to process and manage reservations and payments. The processing of payments and credits in connection with your Membership will be subject to the terms, conditions and privacy policy of that provider and your credit card issuer, in addition to these Terms. Furoya is not responsible for any errors by said provider or any other third party.
(c) Non-Refundable. Except as expressly set forth in Section 8(b) above, Membership Fees are non-refundable. Furoya shall have no obligation to refund any Membership Fees or other amounts, even if you do not use your Membership, or if your Membership is terminated by you or by us before the end of the then-current term.
10. Late Cancellation and No-Show Policy
Furoya has a strict late cancellation and no-show policy to ensure fair access to our facilities for all members. If you cancel your reservation outside of the permitted cancellation window (24- hours prior to the session), or if you fail to appear for a booked session ("No-Show"), you will forfeit the credit, and the cancellation fee for 100% of the ticket price will be charged. This fee is automatically processed within twenty-four (24) hours following the scheduled session. Excessive late cancellations or no-shows may result in suspension or termination of your Membership at Furoya's sole discretion.
11. Acceptable Use and Facility Rules
(a) Drugs and Alcohol. You agree to conduct yourself in a safe and reasonable manner while in the Furoya facility. You will not use any services while under the influence of drugs or alcohol and will not consume drugs or alcohol while on Furoya's premises.
(b) Minimum Age. You must be at least 18 years of age to use the facility. Furoya staff may request proof of age at any time.
(c) Health Conditions. It is your responsibility to inform us upon booking of any health conditions, allergies, injuries, or accessibility requirements that could affect your experience.
(d) Conduct. You agree to treat all other guests and Furoya staff with respect. Threatening language, harassment, discrimination, or any behavior that endangers the safety or well-being of others will not be tolerated and may result in immediate removal from the premises and termination of your Membership without refund. Sexual activity, indecent exposure, and lewd or sexually suggestive conduct are strictly prohibited anywhere on the premises.
(e) Photography and Recording. The use of phones, cameras, or any other recording devices is strictly prohibited in locker rooms, showers, and all bathing and sauna areas; devices must be stored in your locker. Photography and video recording of other guests without their consent is strictly prohibited and will result in immediate removal from the premises and termination of your Membership without refund.
(f) Non-Discrimination; Tattoos. Furoya welcomes guests of all backgrounds. Tattoos are permitted. Furoya does not discriminate on the basis of race, color, religion, national origin, gender, gender identity or expression, sexual orientation, disability, or any other characteristic protected under federal, New York State, or New York City law.
(g) Hygiene and Health Safety. For the health and safety of all guests, you must shower before entering any bath. Do not enter the baths if you have open wounds, active skin infections, diarrhea, or symptoms of contagious illness.
12. Modification and Discontinuation of Services
Furoya reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, any of the Services or any portion thereof, with or without prior notice. You agree that Furoya will not be liable to you or to any third party for any such modification, suspension, or discontinuation. Furoya also reserves the right to change its hours of operation at any time.
13. Intellectual Property
All materials on the Furoya website and booking platform, including logos, trademarks, images, text, graphics, and other elements, are protected by copyright, trademark, and/or other intellectual property rights owned by or licensed to Furoya. No such material may be copied, reproduced, distributed, or otherwise used without Furoya's prior written permission.
14. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account, booking confirmations, membership updates, and marketing emails (if you have opted in). You agree that any notices, agreements, or other communications that we send to you electronically will satisfy any applicable legal communication requirements. Text message (SMS) communications are governed by Section 15 below.
15. SMS Text Messaging Program
(a) Program Description. By opting in, you agree to receive recurring automated text messages from Furoya Bath and Sauna, operated by Fukiya, Inc. ("Furoya," "we," "us," or "our"), at the mobile number you provided. Messages may include booking confirmations and reminders, waitlist and schedule-change notifications, account and membership alerts, customer support follow-ups, and, where you have separately opted in to receive marketing messages, promotional offers and announcements. Consent to receive these messages is not a condition of any purchase.
(b) Message Frequency. Message frequency varies depending on your bookings, account activity, and interactions with us.
(c) Message and Data Rates. Message and data rates may apply. Charges are billed by and payable to your mobile service provider. Please contact your wireless carrier for details about your messaging plan.
(d) How to Opt Out and Get Help. You can unsubscribe from the SMS service at any time by replying STOP to any message we send you. After you send STOP, you will receive a one-time confirmation message, and no further messages will be sent. If you want to rejoin, you can sign up again using the original opt-in method or reply START. For help or more information at any time, reply HELP to any of our messages. You can also contact our support team directly at info@furoyany.com.
(e) Carrier Liability Disclaimer. Carriers are not liable for any delayed or undelivered messages.
(f) Privacy. Our Privacy Policy, available at www.furoya.us/privacy-policy, explains how we collect, use, and protect your information, including your mobile information. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
16. Indemnification
You shall indemnify, defend, and hold harmless the Released Parties from and against any and all liabilities, claims, demands, actions, losses, damages, judgments, settlements, penalties, fines, fees, costs, or expenses of whatever kind arising out of or resulting from: (i) your use of Furoya's facilities and Services; (ii) your violation of these Terms; (iii) your violation of any applicable law; or (iv) any claim by a third party arising from your conduct on Furoya's premises.
17. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any disputes arising out of or relating to this Agreement must be brought exclusively in the federal or state courts located in New York County, New York. THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT.
18. General Provisions
(a) Entire Agreement. This Agreement constitutes the sole and entire agreement between Furoya and you with respect to the subject matter herein and supersedes all prior understandings and agreements, both written and oral.
(b) Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision herein.
(c) Modification of Terms. Furoya may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this document and will provide notice of material changes via email or a prominent notice on our Website or booking platform. If we make material adverse changes to these Terms, you will have a reasonable opportunity to terminate your Membership without penalty before the changes take effect. Your continued use of our Service after the effective date of any updated Terms will constitute your acceptance of the updated Terms.
(d) Survival. The provisions of Sections 2 (Waiver and Release), 5 (Security Cameras), 9 (Fees and Payment), 16 (Indemnification), 17 (Governing Law), and 18 (General Provisions) shall survive any cancellation, termination, or expiration of this Agreement.
(e) Binding Agreement. This Agreement is binding on and shall inure to the benefit of Furoya and each member and their respective heirs, executors, administrators, successors, and permitted assigns.
(f) Force Majeure and Temporary Closures. Furoya shall not be liable for any failure or delay in performing its obligations under this Agreement, or for any interruption, suspension, or modification of Services, if such failure, delay, or interruption results from circumstances beyond Furoya’s reasonable control, including but not limited to acts of God, natural disasters, pandemic or public-health orders, government actions, utility failures, labor disputes, or other force-majeure events. Furoya reserves the right to temporarily close or limit access to the facility in such circumstances without liability.
BY SIGNING OR CLICKING "I AGREE," I CERTIFY THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS INCLUDING THE RIGHT TO SUE. I AM AT LEAST 18 YEARS OF AGE, I AM FULLY COMPETENT TO SIGN THIS AGREEMENT, AND I DO SO FREELY AND VOLUNTARILY.