Spa Performance Contract

This Spa Performance Contract ("Contract") is made and entered into on this [Month Day, Year] by and between [Your Company Name], located at [Your Company Address], ("Company"), and [Your Client / Subscriber / User Name], located at [Your Client / Subscriber / User Address], ("Client").

1. Services Provided

1. Services Provided

[Your Company Name] agrees to provide the following spa services to the Client ("Services"):

1.1 Consultation: A personalized consultation to understand the Client's needs, preferences, and any specific health considerations. This consultation will help tailor the spa experience to ensure maximum comfort and satisfaction.

1.2 Treatments: The Company will provide a range of spa treatments as requested by the Client, which may include but are not limited to:

• Massage Therapy: Various types of massages such as Swedish, deep tissue, hot stone, aromatherapy, and more, designed to relax and rejuvenate the Client.

• Skincare Treatments: Facials, exfoliations, masks, and other skincare services to enhance the Client's skin health and appearance.

• Body Treatments: Body wraps, scrubs, and other treatments aimed at detoxifying, moisturizing, and rejuvenating the Client's body.

• Wellness Services: Additional wellness services like yoga sessions, meditation classes, and nutritional advice, tailored to promote overall well-being.

1.3 Use of Facilities: Access to spa amenities such as saunas, steam rooms, hot tubs, and relaxation lounges during the service period.

1.4 Custom Packages: Customized spa packages designed to meet the specific needs and preferences of the Client, which can include a combination of the above-mentioned services.

1.5 Special Requests: Any special requests made by the Client, subject to availability and feasibility, to ensure a personalized and unique spa experience.

1.6 Post-Treatment Guidance: Providing the Client with post-treatment care instructions and recommendations to prolong the benefits of the spa services received.

2. Term

2.1 Commencement and Duration: This Contract shall commence on [Month Day, Year] ("Start Date") and shall continue in effect until [Month Day, Year] ("End Date") unless terminated earlier in accordance with the terms stated herein.

2.2 Extension: The Contract may be extended upon mutual agreement of both parties. Any extension must be made in writing and signed by both parties before the End Date.

2.3 Termination: Either party may terminate this Contract prior to the End Date by providing written notice to the other party at least 30 days in advance. The Contract may also be terminated under the following conditions:

• Breach of Contract: If either party fails to comply with any of the terms and conditions of this Contract, the non-breaching party may terminate the Contract by providing written notice of the breach and allowing the breaching party 10 days to cure the breach. If the breach is not cured within this period, the Contract will be terminated immediately.

• Mutual Agreement: Both parties may mutually agree to terminate the Contract at any time, with such agreement documented in writing and signed by both parties.

• Force Majeure: In the event of circumstances beyond the control of either party, such as natural disasters, pandemics, or other emergencies ("Force Majeure Events"), that prevent the fulfillment of the Contract, either party may terminate the Contract by providing written notice.

2.4 Obligations upon Termination: Upon termination of the Contract, both parties agree to settle any outstanding obligations, including payments for services rendered up to the termination date. The Client shall pay any outstanding balance owed, and [Your Company Name] shall refund any prepaid amounts for services not rendered, except for the initial deposit if the termination falls within the 30-day period outlined in the Cancellation Policy.

3. Compensation

3.1 Total Fee: For the Services provided, the Client agrees to pay [Your Company Name] a total fee of $[0] ("Total Fee"). This fee covers all services detailed in Section 1 of this Contract.

3.2 Payment Terms: The payment terms are as follows:

• Initial Deposit: An initial deposit of $[0] is due upon signing this Contract. This deposit is required to secure the booking and is non-refundable except as stated in the Cancellation Policy (Section 4).

• Remaining Balance: The remaining balance of $[0] is due by [Month Day, Year], which shall be no later than [0] days before the commencement of services or on [Month Day, Year], whichever is earlier.

3.3 Payment Method: Payments shall be made by [bank transfer]. All payments must be in U.S. dollars.

3.4 Late Payments: Any payments not received by the due dates specified herein shall be subject to a late fee of [0]% of the outstanding balance per [month]. If the Client fails to make payment within [0] days after the due date, [Your Company Name] reserves the right to suspend or terminate the provision of services until payment is made in full.

3.5 Additional Charges: Any additional services requested by the Client that are not covered under the Total Fee will be billed separately. The Client agrees to pay for such additional services upon receipt of an invoice from [Your Company Name].

3.6 Refunds: Except as otherwise provided herein, the Total Fee is non-refundable once the services have commenced. In the event of termination of this Contract in accordance with Section 2.3, any refunds due to the Client for services not rendered shall be processed within [0] days of termination.

3.7 Taxes: All amounts payable by the Client under this Contract are exclusive of any applicable taxes. The Client is responsible for paying any taxes levied in connection with the provision of the Services.

4. Cancellation Policy

4.1 Cancellation by Client: The Client may cancel this Contract by providing written notice to [Your Company Name] at least 30 days prior to the scheduled service date ("Cancellation Notice Period"). The written notice must be sent to [Your Company Email] or delivered to [Your Company Address].

4.2 Refund Policy: If the Client cancels within the Cancellation Notice Period, any payments made, excluding the initial deposit, will be refunded within [0] days of receiving the cancellation notice.

4.3 Non-Refundable Deposit: If the Client cancels with less than 30 days' notice, the initial deposit is non-refundable. This deposit compensates [Your Company Name] for scheduling the Services and any preparatory work completed.

4.4 Cancellation by [Your Company Name]: [Your Company Name] reserves the right to cancel this Contract at any time, providing the Client with written notice. In such cases, [Your Company Name] will refund the Client any payments made, including the initial deposit, within [0] days of cancellation. Reasons for cancellation may include, but are not limited to, unforeseen circumstances, emergencies, or inability to perform the Services as agreed.

4.5 Rescheduling: If the Client wishes to reschedule the Services instead of canceling, [Your Company Name] will make reasonable efforts to accommodate the request, subject to availability. Any rescheduling request must be made in writing at least [0] days prior to the scheduled service date. If rescheduling is not possible, the cancellation terms outlined above will apply.

4.6 Force Majeure: In the event of a Force Majeure Event (as defined in Section 2.3), either party may cancel the Contract by providing written notice. In such cases, [Your Company Name] will refund the Client any payments made, including the initial deposit, within [0] days of cancellation.

4.7 No-Show Policy: If the Client fails to appear for the scheduled service without prior cancellation or rescheduling, the Client will forfeit the initial deposit and may be responsible for the full payment of the Total Fee, at the discretion of [Your Company Name].

5. Client Obligations

5.1 Suitable Environment: The Client agrees to provide a suitable environment for the Services, which includes ensuring:

• Adequate Space: Sufficient space to set up any necessary equipment and perform the Services safely and effectively.

• Access to Facilities: Easy access to facilities such as bathrooms, changing rooms, and any other areas required for the provision of the Services.

• Comfortable Environment: A clean, quiet, and comfortable environment free from distractions or interruptions to ensure an optimal spa experience.

5.2 Special Requirements: The Client must comply with any special requirements specified by [Your Company Name] prior to the service date. This may include, but is not limited to:

• Temperature Control: Maintaining an appropriate temperature in the service area to ensure comfort for both the Client and service providers.

• Equipment Setup: Providing access to electrical outlets, water supply, or any other utilities necessary for the Services.

• Health and Safety: Ensuring that the environment meets health and safety standards, including providing any necessary information about potential hazards or risks.

5.3 Communication: The Client agrees to communicate any specific needs, preferences, or health conditions to [Your Company Name] prior to the commencement of the Services. This includes:

• Health Conditions: Informing [Your Company Name] of any medical conditions, allergies, or injuries that may affect the provision of the Services.

• Preferences: Sharing any personal preferences regarding the type, intensity, or focus of the treatments to tailor the experience to the Client’s satisfaction.

5.4 Cooperation: The Client agrees to cooperate with the service providers to facilitate the smooth and efficient delivery of the Services. This includes:

• Timely Arrival: Ensuring punctual arrival for scheduled appointments to allow sufficient time for the Services.

• Follow Instructions: Adhering to any pre-treatment or post-treatment instructions provided by [Your Company Name].

5.5 Liability for Damages: The Client assumes full responsibility for any damages to [Your Company Name]’s equipment or property caused by the Client or third parties present in the service environment. The Client agrees to compensate [Your Company Name] for any repairs or replacements needed as a result of such damages.

5.6 Non-Interference: The Client agrees not to interfere with the service providers during the provision of the Services. Any concerns or issues should be communicated calmly and respectfully to ensure a positive experience for all parties involved.

6. Liability

6.1 Limitation of Liability: [Your Company Name] shall not be liable for any injuries, damages, or losses incurred by the Client or any third party resulting from the Client's or any third party's actions, negligence, or omissions. This includes but is not limited to:

• Personal Injury: Any physical injuries sustained by the Client or third parties during the provision of the Services.

• Property Damage: Any damage to the Client’s property or third-party property resulting from actions unrelated to the performance of the Services by [Your Company Name].

6.2 Assumption of Risk: The Client acknowledges and agrees that participation in the Services involves inherent risks, including but not limited to physical exertion, use of equipment, and exposure to products or treatments. The Client voluntarily assumes all risks associated with the Services.

6.3 Client's Responsibility: The Client assumes full responsibility for:

• Informing Health Conditions: Disclosing any relevant health conditions, allergies, or injuries to [Your Company Name] prior to receiving the Services.

• Following Instructions: Adhering to any instructions or guidelines provided by [Your Company Name] or the service providers before, during, and after the Services.

• Ensuring Safety: Ensuring the safety and suitability of the environment where the Services are provided, as detailed in Section 5.

6.4 Indemnification: The Client agrees to indemnify, defend, and hold harmless [Your Company Name], its employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

• Client’s Actions: Any actions, negligence, or omissions by the Client or third parties present during the provision of the Services.

• Breach of Contract: Any breach of the terms and conditions of this Contract by the Client.

• Third-Party Claims: Any claims made by third parties resulting from the Client’s actions or the environment provided for the Services.

6.5 Limitation of Remedies: In no event shall [Your Company Name] be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, or data, arising out of or in connection with this Contract or the provision of the Services, even if [Your Company Name] has been advised of the possibility of such damages.

6.6 Force Majeure: [Your Company Name] shall not be liable for any failure or delay in performing its obligations under this Contract due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, civil unrest, or other emergencies ("Force Majeure Events"). In such cases, [Your Company Name] will make reasonable efforts to notify the Client and may suspend or terminate the Services as necessary.

7. Confidentiality

7.1 Definition of Confidential Information: For the purposes of this Contract, "Confidential Information" includes any and all information disclosed by either party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects, including without limitation, information regarding business strategies, customer information, trade secrets, pricing, financial data, and any other proprietary or sensitive information.

7.2 Obligations of Confidentiality: Both parties agree to:

• Non-Disclosure: Keep all Confidential Information confidential and not disclose it to any third party without the prior written consent of the disclosing party.

• Non-Use: Use the Confidential Information solely for the purpose of fulfilling their obligations under this Contract and not for any other purpose.

• Protection: Take all reasonable measures to protect the secrecy and avoid the disclosure and unauthorized use of the Confidential Information, at least the same degree of care that each party uses to protect its own confidential and proprietary information.

7.3 Exclusions from Confidential Information: Confidential Information does not include information that:

• Public Domain: Is or becomes publicly known through no breach of this Contract by the receiving party.

• Known to Receiving Party: Was known to the receiving party prior to disclosure by the disclosing party.

• Rightfully Received: Is received from a third party without breach of any obligation of confidentiality.

• Independently Developed: Is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

7.4 Mandatory Disclosure: If the receiving party is required to disclose any Confidential Information by law, regulation, or court order, it shall promptly notify the disclosing party and cooperate with the disclosing party in seeking a protective order or other appropriate remedy.

7.5 Return of Materials: Upon termination of this Contract or at the request of the disclosing party, the receiving party shall promptly return or destroy all materials containing Confidential Information and any copies thereof.

7.6 Duration of Confidentiality Obligations: The obligations of confidentiality set forth in this section shall continue for a period of [0] years after the termination or expiration of this Contract.

7.7 Remedies: Both parties acknowledge that any breach of the confidentiality obligations may cause irreparable harm to the disclosing party for which monetary damages may be inadequate. Therefore, in the event of any breach or threatened breach, the disclosing party shall be entitled to seek injunctive relief, specific performance, or any other equitable remedy without the necessity of posting a bond or proving actual damages.

8. Governing Law

8.1 Choice of Law: This Contract shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law principles.

8.2 Jurisdiction and Venue: Any disputes arising out of or related to this Contract shall be subject to the exclusive jurisdiction of the state and federal courts located in [City, State]. Both parties hereby consent to the personal jurisdiction of these courts and waive any objections based on improper venue or forum non conveniens.

8.3 Compliance with Laws: Both parties agree to comply with all applicable laws, regulations, and ordinances in the performance of their obligations under this Contract.

8.4 Attorney's Fees: In the event of any legal action to enforce or interpret this Contract, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs from the non-prevailing party.

8.5 Severability: If any provision of this Contract is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.

8.6 Waiver: The failure of either party to enforce any right or provision of this Contract shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the party in writing.

8.7 Headings: The headings in this Contract are for reference purposes only and shall not affect the interpretation of this Contract.

8.8 Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Contract due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, civil unrest, or other emergencies ("Force Majeure Events"). In such cases, the affected party shall promptly notify the other party and make reasonable efforts to resume performance as soon as possible.

9. Entire Agreement

9.1 Integration Clause: This Contract constitutes the entire agreement between [Your Company Name] and the Client with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

9.2 No Reliance: Each party acknowledges that in entering into this Contract, it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in this Contract.

9.3 Amendments: Any amendments or modifications to this Contract must be made in writing and signed by both parties. No oral modifications shall be valid.

9.4 Waivers: No waiver of any provision of this Contract shall be effective unless it is in writing and signed by the party against whom the waiver is to be enforced. The failure of either party to enforce any right or provision of this Contract shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the party in writing.

9.5 Severability: If any provision of this Contract is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.

9.6 Counterparts: This Contract may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed valid and binding.

The provisions of this Contract that by their nature are intended to survive termination or expiration shall so survive, including but not limited to confidentiality, liability, and governing law.

10. Amendments

Any amendments or modifications to this Contract must be made in writing and signed by both parties.

11. Contact Information

For any inquiries or communications regarding this Contract, the parties may contact each other at the following addresses:

[Your Company Name]
[Your Company Address]

Phone: [Your Company Number]
Email: [Your Company Email]
Website: [Your Company Website]
Social Media: [Your Company Social Media]

[Your Client / Subscriber / User Name]
[Your Client / Subscriber/User Address]

Phone: [Your Client / Subscriber / User Number]
Email: [Your Client / Subscriber / User Email]

[Your Name]
[Your Company Name]

[Full Name]

Client

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