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, and 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; and 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; or achievement of any specific appearance, feel, or performance characteristic.
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; shrinkage potential; sun damage; dry rot, mildew, mold; water stains; smoke damage; pet-related damage; prior cleaning attempts; manufacturing defects; improper installation; structural fatigue; and age-related degradation.
3.2 Company Not Responsible for Pre-Existing Damage
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; manufacturer defects; previous cleaning methods; latent defects; environmental factors; pet damage; smoke or pollutants; client misuse; third-party actions; or normal wear and tear.
3.3 Client Assumption of Risk
BY PROCEEDING WITH SERVICES, CLIENT EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISK associated with professional textile care. 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, in-home assessment, evaluation of site conditions, safety factors, and 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 for The Drapery Spa to provide services; completion of consultation DOES NOT guarantee services will be offered; The Drapery Spa reserves ABSOLUTE AND SOLE DISCRETION to decline to provide services at any time; and no contractual relationship exists unless 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, for any reason or no reason, including but not limited to: excessive risk of damage; unsafe access conditions; materials deemed unsuitable; client expectations inconsistent with realistic outcomes; inadequate compensation; scheduling conflicts; client behavior concerns; site conditions presenting unacceptable liability; conflict with Company values; or 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 no liability for client inconvenience, reliance on anticipated service availability, scheduling conflicts, or any consequential, incidental, or indirect damages. 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 may be declined entirely or may require specialized equipment, modified service scope, extended timelines, or additional safety measures.
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), complexity (crystal, glass, delicate components), accessibility, and material fragility. Service availability is determined during consultation and may be declined if height, complexity, or fragility presents unacceptable risk.
5.3 Access & Safety Requirements
Client acknowledges that elevated work involves inherent safety risks. THE DRAPERY SPA IS NOT RESPONSIBLE FOR ISSUES ARISING FROM: excessive ceiling heights; inadequate clearance; restricted access; structural limitations; mounting surface instability; obstructions; undisclosed hazards; floor surface instability; or insufficient workspace.
5.4 Right to Modify, Postpone, or Decline Based on Conditions
THE DRAPERY SPA RESERVES THE UNCONDITIONAL RIGHT TO: modify service scope based on site conditions; postpone service pending resolution of safety issues; or decline to perform services entirely if conditions present unreasonable risk. This determination is made at Company’s sole discretion without liability for costs, damages, delays, or compensation.
6. HARDWARE, REMOVAL, REINSTALLATION & MOUNTING SURFACE INTEGRITY
6.1 Hardware Handling Standards
When removal, adjustment, or reinstallation of drapery hardware is required, 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 hardware; improperly installed hardware; hardware installed into inadequate mounting surfaces; drywall failure; anchor failure; stud absence or inadequate dimensions; previously compromised installations; hardware incompatibility; weight load exceeding capacity; or environmental degradation of mounting surfaces.
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; and 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.
7. PROPERTY & ENVIRONMENTAL DISCLAIMER
7.1 Inherent Risks of In-Home Service
Client acknowledges that performing services within furnished, occupied 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, or surface damage; fragile, aging, or compromised materials; hidden defects or prior repairs; normal wear or material fatigue; furniture, fixtures, or personal property; inadequate protection by Client; third-party property; or building defects.
7.3 Client Responsibility for Property Protection
Client is responsible for: removing or protecting valuable, fragile, or irreplaceable items; disclosing known defects or hazards; providing adequate workspace; and ensuring furnishings 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; Client’s failure to disclose material information; Client’s breach of these Terms; Client’s negligence or willful misconduct; third-party claims; unsafe site conditions; or claims by other occupants or guests.
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 slippery surfaces, inadequate lighting, environmental hazards, pest infestations, electrical hazards, or structural instability.
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, and representatives SHALL NOT BE HELD PERSONALLY LIABLE FOR: accidental injury during service delivery; property damage from unforeseen conditions; conditions arising from unsafe or undisclosed site conditions; Client-directed actions that increase risk; third-party interference; or emergency situations.
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 during performance; and that all personnel act under Company direction alone. The Drapery Spa reserves the right to immediately discontinue service if Client interferes with personnel 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; loss of use or enjoyment; emotional distress; loss of time or scheduling disruptions; diminution in property value; costs of replacement textiles; costs of alternative service providers; or any damages beyond the direct 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 under the rules of the American Arbitration Association (AAA).
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.
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 with jurisdictional limits and rules.
12. PAYMENT TERMS
12.1 Payment Schedule & Requirements
Service fees and payment terms are disclosed in writing prior to service commencement through service agreement, written estimate, or invoice.
12.2 Late Payment Definition & Consequences
Payments received after the 48-hour deadline (i.e., less than 48 hours before the scheduled service time) are considered late and subject to the following:
Payments received between 24-48 hours before service:
Payments received less than 24 hours before service:
12.3 Late Payment Fees & Interest Charges
12.4 Partial Payment Policy
Partial payments do not constitute payment in full and will not prevent appointment cancellation, late payment fees, or other consequences outlined herein. The full remaining balance must be paid by the 48-hour deadline to avoid cancellation and applicable fees.
12.5 Payment Method Failure
If payment is declined, fails to process, or is returned for insufficient funds: Client will be notified immediately via email and/or phone; Client will be given 24 hours from notification to provide an alternative payment method; failure to provide payment within 24 hours will result in appointment cancellation and applicable cancellation fees per Section 13; a late payment fee of $100 may be assessed if the payment failure occurs within the 48-hour window; and Client is responsible for any fees charged by payment processors or banks for declined, failed, or returned payments.
12.6 Collections, Legal Action & Associated Costs
Failure to remit payment when due may result in:
The Drapery Spa reserves the right to pursue all legal remedies available under Texas law and federal law to collect amounts owed, including filing suit, obtaining judgment, and enforcing judgment through wage garnishment or other collection methods as permitted by law.
12.7 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 and effect. Withholding payment does not constitute a valid defense to collection actions and will not prevent assessment of late payment fees, interest charges, or collection costs.
12.8 Payment Acknowledgment
By booking services and submitting payment, Client acknowledges and agrees that Client has read, understood, and agrees to all payment terms, deadlines, late payment consequences, fees, and collection provisions outlined in this Section 12 and in the Cancellation & Rescheduling Policy (Section 13).
13. CANCELLATIONS, RESCHEDULING & NO-SHOW POLICY
Comprehensive cancellation, rescheduling, and no-show policies are outlined in our separate Cancellation & Rescheduling Policy document, which is incorporated herein by reference and forms part of these Terms & Conditions. Key provisions include tiered cancellation fees based on timing of notice, rescheduling limitations (maximum two reschedules per booking), written notice requirements (email or text only, verbal/voicemail not accepted), emergency exception procedures, and client responsibilities on service day. All cancellation and rescheduling fees, timelines, and procedures detailed in the Cancellation & Rescheduling Policy are binding and enforceable as part of these Terms & Conditions.
14. HEALTH, SAFETY & SITE REQUIREMENTS
14.1 Client Obligation to Provide Safe Environment
Client MUST provide a safe, accessible, and sanitary work environment, including adequate lighting, clear access, removal of pets from service areas for the duration of the service, disclosure of known hazards, compliance with health and safety regulations, and 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; or 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, biological contamination, asbestos, lead paint, hazardous materials, pest infestations, unsanitary conditions, structural damage, or 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 assessment and evaluation, quality control and training, recordkeeping and documentation, before/after comparison, and 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 to third parties, attempt to replicate Company services independently, or 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; or 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 acts of God, natural disasters, severe weather, catastrophic events, war, terrorism, civil unrest, government action, strikes, labor disputes, supply chain disruptions, pandemics, epidemics, public health emergencies, equipment failure, utility outages, infrastructure failures, or 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; and 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; and 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: 2.2