Free Spa Business Contract Template
Spa Business Contract
This SPA BUSINESS CONTRACT (the "Contract") is made effective as of the [Date] day of [Month], 2050, by and between [Your Company Name], located at [Your Company Address] ("Spa"), and [Partner Name], with a principal address of [Partner Address] ("Partner"). Collectively referred to as the "Parties."
Recitals
WHEREAS, [Your Company Name] ("Spa") is a company engaged in providing high-quality spa and wellness services, including but not limited to spa treatments, wellness consultations, and other related services;
WHEREAS, [Partner Name] ("Partner") desires to engage the services of the Spa to provide such services to its clients and customers, enhancing their overall wellness experience;
WHEREAS, the Parties wish to set forth their respective rights and obligations under this Contract to ensure a clear and mutual understanding of their business relationship;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties hereto agree as follows:
1. Services Provided
1.1 Scope of Services
The Spa agrees to provide, and the Partner agrees to undertake, the services detailed in Exhibit A attached hereto. These services shall include a comprehensive range of spa treatments such as massages, facials, body treatments, and hydrotherapy sessions. Additionally, wellness consultations will be offered, including nutritional guidance, fitness assessments, and stress management workshops. Any other services desired by the Partner shall be mutually agreed upon in writing by the Parties before implementation. The intent is to deliver a holistic wellness experience tailored to the needs of the Partner's clientele.
1.2 Quality Assurance
The Spa shall ensure that all services are performed by licensed and experienced professionals. This includes massage therapists, estheticians, nutritionists, and fitness trainers who have received rigorous training and possess the necessary certifications. The Spa commits to using high-quality products sourced from reputable suppliers. All equipment and facilities will be maintained to the highest sanitary standards, with regular cleaning and disinfection protocols in place. The Spa will also conduct periodic reviews and audits to ensure compliance with quality and safety standards, guaranteeing an exceptional experience for all clients.
2. Term and Termination
2.1 Term
This Contract will commence on the effective date and will continue for a period of three (3) years, unless terminated earlier in accordance with the provisions herein. The Parties may agree in writing to extend the term of this Contract prior to its expiration. The three-year period is designed to provide sufficient time for the implementation and realization of the benefits of the contracted services.
2.2 Termination by Notice
Either party may terminate this Contract upon thirty (30) days' written notice to the other party. This notice period is intended to allow both Parties adequate time to make necessary arrangements and ensure a smooth transition or wind-down of services. Written notice must be delivered via certified mail or email with receipt confirmation to ensure it is formally acknowledged by the receiving party.
2.3 Termination for Cause
Either party may terminate this Contract immediately if the other party breaches any material term of this Contract and fails to cure such breach within fifteen (15) days of receiving written notice of the breach. Material terms include, but are not limited to, payment obligations, compliance with service standards, and confidentiality commitments. Immediate termination may also be invoked in cases of gross misconduct, fraud, or actions that could cause significant harm to either party's reputation or operations.
2.4 Effect of Termination
Upon termination of this Contract, all outstanding fees for services rendered up to the date of termination shall become immediately due and payable. Any advance payments shall be refunded on a pro-rata basis for services not rendered. Both Parties agree to cooperate in good faith to facilitate a smooth termination process, including the transition of any ongoing client services to ensure minimal disruption.
3. Compensation
3.1 Payment Terms
The Partner agrees to pay the Spa a total amount of [Total Amount] for the services provided. Payment terms are as follows:
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Initial Deposit: [Deposit Amount] by [Date].
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Remaining Balance: [Remaining Balance] on or before [Due Date].
The initial deposit is required to secure the booking of services and initiate any preparatory work. The remaining balance must be settled by the specified due date to ensure the uninterrupted delivery of services. The Partner will receive detailed invoices reflecting the services rendered and the respective charges, ensuring transparency in financial transactions.
3.2 Late Payment
Any payments not made by the due date shall incur a late fee of [Late Fee Percentage]% per month on the outstanding balance. This late fee is intended to encourage timely payments and compensate the Spa for any administrative costs incurred due to delayed payments. Continuous late payments may result in the suspension of services until the outstanding amounts are settled.
4. Responsibilities of the Parties
4.1 Responsibilities of the Spa
The Spa shall:
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Provide licensed and experienced professionals to perform the services.
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Offer high-quality products and maintain sanitary conditions at all times.
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Ensure all services are performed in a timely and professional manner.
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Communicate promptly with the Partner regarding any changes or issues affecting the delivery of services.
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Maintain adequate insurance coverage for liability and property damage to protect against potential claims arising from the provision of services.
The Spa is also responsible for regularly updating its service protocols to incorporate new industry standards and best practices, ensuring continuous improvement in service quality.
4.2 Responsibilities of the Partner
The Partner shall:
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Ensure timely payments as per the agreed schedule.
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Provide accurate client information for appointment scheduling.
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Notify the Spa of any cancellations or rescheduling at least [Cancellation Notice Period] hours in advance.
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Ensure that clients adhere to the spa's policies and guidelines during their visits.
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Provide a conducive environment for the execution of services, including access to necessary facilities and equipment.
The Partner is also responsible for promoting the spa services to their clients and integrating the wellness programs into their overall business strategy to maximize the benefits of the partnership.
5. Confidentiality
5.1 Confidential Information
Both Parties agree to keep the terms of this Contract and any proprietary information confidential. This includes, but is not limited to, business strategies, client lists, pricing structures, and any other sensitive information shared during the course of the partnership. Each party will take all necessary measures to prevent the unauthorized disclosure of any confidential information, including implementing access controls and securing digital data.
5.2 Duration of Confidentiality
The confidentiality obligations of the Parties shall survive the termination of this Contract for a period of five (5) years. This extended duration ensures that both Parties continue to protect each other's proprietary information even after the business relationship has ended, safeguarding long-term business interests.
6. Liability and Indemnification
6.1 Liability
Each party shall be responsible for its own actions and omissions and those of its employees and agents. This includes adhering to applicable laws and regulations, ensuring the safety and well-being of clients, and maintaining professional standards at all times.
6.2 Indemnification
The Spa agrees to indemnify and hold harmless the Partner from any claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising out of the Spa's performance of the services, except to the extent caused by the Partner's negligence or willful misconduct.
The Partner agrees to indemnify and hold harmless the Spa from any claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising out of the Partner's actions or omissions, except to the extent caused by the Spa's negligence or willful misconduct.
Both Parties agree to notify the other promptly of any claims or legal actions arising in connection with the services provided, and to cooperate fully in the defense of any such claims.
7. Governing Law
This Contract shall be governed, construed, and enforced in accordance with the laws of [State/Country]. Any legal action or proceeding arising under this Contract shall be brought exclusively in the courts located in [City, State/Country]. Both Parties consent to the jurisdiction of such courts and waive any objections to the laying of venue therein.
8. Dispute Resolution
8.1 Mediation
Any disputes arising out of or in connection with this Contract shall first be resolved through mediation in [City, State/Country]. The Parties agree to engage a neutral third-party mediator with experience in commercial disputes to facilitate discussions and attempt to reach a mutually agreeable resolution. The costs of mediation shall be shared equally between the Parties.
8.2 Arbitration
If the dispute is not resolved through mediation, it shall be submitted to binding arbitration in [City, State/Country], conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and binding on both Parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The costs of arbitration, including the fees of the arbitrator, shall be borne by the losing party, unless otherwise determined by the arbitrator.
9. Entire Agreement
This Contract constitutes the entire agreement between the Parties and supersedes all prior agreements or understandings, whether written or oral, relating to its subject matter.
10. Amendments
Any amendments or modifications to this Contract must be made in writing and signed by both Parties.
11. Contact Information
For all correspondence regarding this Contract, please contact:
Spa
[Your Company Name]
Address: [Your Company Address]
Phone: [Your Company Number]
Website: [Your Company Website]
Social Media: [Your Company Social Media]
Email: [Your Company Email]
Partner
[Partner Name]
Address: [Partner Address]
Phone: [Partner Phone]
Email: [Partner Email]
12. Signatures
IN WITNESS WHEREOF, the Parties have executed this Contract as of the date first above written.
[Your Name]
[Your Company Name]
[Partner Name]
[Title]
[Partner Company, if applicable]
Exhibit A: Services Provided
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Spa Treatments: A variety of treatments including massages, facials, body wraps, and more.
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Wellness Consultations: Personalized consultations to promote overall wellness and health.
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Additional Services: Any other services mutually agreed upon in writing by the Parties.