Spa Membership Agreement
Spa Membership Agreement
This Spa Membership Agreement (hereinafter referred to as the "Agreement") is made and entered into as of [Date] by and between:
[Your Company Name], a company duly incorporated and existing under the laws of [State/Country], with its principal place of business located at [Your Company's Address], (hereinafter referred to as the "Spa"),
and
[Member's Name], residing at [Member's Address], (hereinafter referred to as the "Member").
Recitals:
WHEREAS, the Spa provides spa services and facilities to its members under various membership plans;
WHEREAS, the Member desires to enroll in the membership plan provided by the Spa, subject to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows:
1. Membership
1.1 Enrollment and Acceptance: Upon agreeing to these terms and signing this Agreement, the Member commits to joining the Spa Membership program, adhering to the conditions laid out herein. Enrollment becomes official only after the Spa has verified the Member's application and received the requisite membership fees. This process ensures both the eligibility of the member and the sustainability of the services provided.
1.2 Membership Benefits: Membership privileges are extensive and designed to offer a holistic and luxurious spa experience, consistent with the high standards maintained by [Your Company Name] Spa. Benefits include:
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Unlimited Access: Members enjoy unfettered access to exclusive spa facilities, which include state-of-the-art saunas, steam rooms, and relaxation lounges designed to provide serenity and relaxation.
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Pre-paid Spa Services: Each month, members receive a specific number of spa services such as massages, facials, and body treatments, which are pre-paid as part of the membership fee. These services are provided by highly trained professionals who ensure that each member receives personalized and therapeutic care.
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Discounts: Members benefit from significant discounts on additional services and products, enhancing the value of their membership and encouraging deeper engagement with all the spa offerings.
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Priority Booking: Membership grants priority in booking appointments, allowing for better planning and convenience, ensuring that members can receive their preferred services at their ideal times.
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Exclusive Events: Members have access to exclusive events and promotions, offering unique experiences and special offers that are not available to the general public.
2. Membership Fees
2.1 Fees: The financial commitment involved in joining the Spa Membership includes:
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Initiation Fee: A one-time, non-refundable fee that is required to process the membership and activate the benefits. This fee underscores the value and exclusivity of the membership.
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Monthly Membership Fee: A recurring fee that maintains the membership status and funds the continuous availability of the spa services and facilities.
2.2 Payment Method: To accommodate the preferences and convenience of our members, payments can be made through various channels such as credit card, direct bank transfer, or other agreed-upon methods, ensuring flexibility and security in all transactions.
3. Term and Renewal
3.1 Term: This Agreement is designed to be a long-term commitment, starting on the [Start Date] and extending for a period of [12 or 24 months], to allow members to fully experience and benefit from the spa services.
3.2 Renewal: To ensure uninterrupted access to the membership benefits, this Agreement includes an automatic renewal clause. Renewal for subsequent periods requires no action if continuity is desired, fostering a seamless membership experience. However, should a member choose not to renew, they must provide written notice at least 30 days before the current term expires to avoid automatic renewal.
4. Member's Responsibilities
4.1 Compliance: Members are expected to uphold the highest standards of conduct by adhering to all spa rules and regulations. This compliance ensures the safety, comfort, and enjoyment of the facilities for all members and guests.
4.2 Guests: Members have the privilege of bringing guests to the spa, subject to the Spa’s guest policies. This includes payment of any applicable guest fees, which helps maintain the quality and exclusivity of the spa services.
5. Spa's Responsibilities
5.1 Service Provision: The Spa commits to providing all the services listed under the membership benefits, adhering to the highest standards of quality and professionalism.
5.2 Facility Upkeep: Regular maintenance and rigorous standards of cleanliness will be upheld to ensure that all facilities are in excellent condition and safe for member use.
6. Cancellation and Termination
6.1 Cancellation by Member: Members have the right to cancel this Agreement within a stipulated timeframe, with provisions made for a refund, reflecting the Spa’s commitment to satisfaction and service excellence.
6.2 Termination by Spa: The Spa retains the right to terminate a membership if there are breaches in compliance with the Agreement, safeguarding the integrity and operational viability of the Spa.
7. Amendments
7.1 Modifications: This Agreement may be amended, altered, or supplemented only by a written agreement executed by both parties hereto. Any such written agreement must be signed by authorized representatives of both the Spa and the Member and expressly state the intent to amend this Agreement. No informal modifications or oral agreements will be considered valid or binding.
8. Governing Law
8.1 Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of [State/Country] without regard to its conflict of laws principles. Both parties agree that any legal action or proceeding arising under or related to this Agreement shall be brought exclusively in the courts located in [State/Country], and the parties hereby consent to the personal jurisdiction and venue therein.
9. Dispute Resolution
9.1 Arbitration: Any disputes, claims, or controversies arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [State/Country] before one arbitrator. The arbitration shall be administered by [Arbitration Association] pursuant to its [Applicable Arbitration Rules]. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The arbitration process shall be confidential, and all conduct, statements, promises, offers, views, and opinions, whether oral or written, made during the arbitration by any of the parties, their agents, employees, experts and attorneys, and by the arbitrator or any arbitration staff, shall remain confidential. Both parties agree that the existence, content, or results of any arbitration shall not be disclosed by either party without the prior written consent of both parties unless required to do so by legal or regulatory requirements.
By agreeing to arbitration, the parties waive any rights they may have to a trial by jury in regard to arbitral claims. The decision of the arbitrator shall be final and binding on the parties, and the parties agree to comply with any award made in such arbitration proceedings and agree to the entry of judgment upon any award rendered therein.
The costs of the arbitration, including administrative fees, the fees of the arbitrator, and costs for the use of facilities during the hearings, shall be borne equally by the parties unless the arbitrator specifies otherwise in the award. Each party shall bear its own costs and attorneys' fees associated with the arbitration proceedings, except that the arbitrator may award attorneys' fees and costs to the prevailing party, except as prohibited by law.
This section on dispute resolution underscores the commitment of both parties to resolve disagreements efficiently and privately, ensuring that both maintain their business relationship and continue their engagements with minimal disruption.
10. Entire Agreement
10.1 Supersession: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.
Signatures
[Your Company Name]
By:
[Name]
[Title]
[Date]
[Member's Name]
By:
[Name]
[Date]
