The words “you’ and “your” mean the Member listed above (and the Buyer signing below with respect to payment). The words we, our, and us refer to
D/B/A Gaia Spa
an independently owned and operated Spa. This contract is between you and Gaia Spa. Neither Gaia Spa, the entity who granted us contractual authority to independently own and operate our location, nor any of its past, present, or future affiliates or subsidiaries and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives (all of the foregoing hereafter collectively referred to as “Gaia spa”) is a party to your Membership Program. You understand and agree that neither Gaia Spa nor any of its affiliates are responsible for any acts or omissions related in any way to this Agreement or the services provided to you under this Agreement. At our sole discretion, we may change any terms or conditions of this Agreement or the features, services, or benefits provided under this Agreement or Membership Program. We will notify you, at the email or other address provided in this Agreement or any updated address subsequently provided.
Initial Term: Your Membership Program Initial Term begins upon the date of signing. Your Membership Agreement will thereafter automatically renew and continue on a month-to-month basis until canceled by you or terminated by us in accordance with the terms of this Agreement.
Your enrollment fee is due upon signing this Agreement. The value is relative to the membership plan being signed for, with $99 being the enrollment fee for signing to the Melody plan and $199 being the enrollment fee signing to the Harmony plan.
Payment(s): You’ve elected to pay for your Membership Agreement:
• On a monthly basis in the amount of $99 (Melody plan) or $199 (Harmony plan) will be automatically charged to your credit card on file or banking information provided every thirty (30) days each month past the date of signing the Agreement until the membership is canceled by you or terminated by Gaia Spa in accordance with this Agreement.
Following the initial term, we will give you at least thirty (30) days advance written notice of any increase in the monthly payment to your email address on record with us or to your last physical address known to us and such notice shall be effective on the date sent.
You are entitled to the following benefits in accordance to the terms and conditions as described below:
$99 per month Melody Member
- One 60 minute signature session each month with unlimited rollover,
- Exclusive member discounts on all services and rituals
- 30% off one service during the full month of your birthday,
- 10% off retail products.
$199 per month Harmony Member
- One 60 min signature session each month with unlimited rollover,
- One 60 min signature facial each month with unlimited rollover,
- One Private Sauna Suite or Private salt Suite Session every month with no rollover
- Exclusive Membership Discounts On All Services and rituals
- 15% off retail products
- 50% Off of One Service On Your Birthday of your birthday,
All product discounts exclude all La Mer products and La Mer product lines. Membership fees are nonrefundable and by signing below you hereby agree to adhere to all terms, conditions, and rules outlined in this agreement.
All sessions include up to a total of 10 minutes for client consultation and dressing, which occurs both pre and post service.
You may: cancel or reschedule an appointment with no charge by giving us advance notice no less than 24 hours preceding your appointment. Same day cancellations or appointments will be charged at 100% of the scheduled service price or unused monthly session.
Independently owned and operated location; however, prices and services offered at each location may vary and may require additional payments.
Cancellation/Use and Accrual of Signature Sessions
You may cancel this Agreement at any time after the second month with written notice as provided herein. All cancellation requests must be submitted in writing to us at the above address or by email at Info@theGaiaspa.com and will become effective fifteen (15) days after the cancellation request is received. Any payments due under this Agreement prior to the cancellation effective date will be charged as scheduled.
Use of Accrued but Unused Signature Sessions:
If your Agreement is not renewed, is canceled, or is terminated for any reason (other than for any inappropriate conduct by you), you will have a 60-day period after such nonrenewal, cancellation, or termination to redeem any accrued but unused signature services.
UPON EXPIRATION OF THE SIXTY (60) DAY PERIOD AFTER NON-RENEWAL, CANCELLATION OR TERMINATION, ALL ACCRUED BUT UNUSED SIGNATURE SERVICES SHALL EXPIRE AND YOU WILL NO LONGER HAVE THE RIGHT TO USE ANY ACCRUED BUT UNUSED SIGNATURE SERVICES AND BENEFITS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO RIGHT TO RECEIVE ANY REFUNDS OR CREDITS OF ANY KIND UNDER ANY CIRCUMSTANCES FOR ANY UNUSED SIGNATURE SERVICES OR BENEFITS, INCLUDING WITHOUT LIMITATION ANY UNUSED MASSAGES. We may, in our sole discretion, extend
the time period for you to redeem any accrued but unused services, but have no obligation to do so. Any such extension must be in writing signed by both parties.
To the best of our knowledge, only professional massage therapists and estheticians who comply with state, city and/ or local listening or certification requirements are hired by us. Ask us if you would like to see a particular massage therapist’s or esthetician’s license or certification. Stretch services may be provided by massage therapists or, if your state and local law permit, certified personal trainers. You understand that the services we provide are not a replacement for medical care, should not be construed as a substitute for medical examination, diagnosis, or treatment, that no medical diagnosis will be made, and that you should see a medical provider for any medical issues you may have. You should consider consulting your physician before participating in any massage, skin care, stretch service, or stretching regimen. It is your responsibility to inform us of any pre-existing conditions, limitations, or specific sensitivities. Male/female genitalia and women’s breasts will not be exposed or massaged at any time. Modest draping will be used during each of your services. If you do experience discomfort or pain or are uncomfortable for any reason during a service, you agree to immediately ask the therapist or esthetician to adjust the manipulation, draping, pressure, heat, or environment (or, if you prefer, you can ask the therapist or esthetician to end the service at any time). If the therapist or esthetician is unable to relieve your discomfort after you request an adjustment, you agree to inform the therapist or esthetician you would like to end the service immediately. If you have any concerns about your therapist or esthetician, you agree to bring it to our attention immediately following your service. Inappropriate or illegal conduct will not be tolerated in any manner. We may, in our sole discretion, refuse or discontinue a service if we determine such service may be unsafe or cause discomfort for you or if you engage in any inappropriate conduct as determined by us in our sole discretion.
*We reserve the right to terminate or refuse to renew your Agreement for any reason not prohibited by law including, but not limited to, an unsatisfactory payment history. We reserve the right to collect at any time any delinquent or outstanding balance(s) that has not been paid for any services provided or monthly payments owed. For purposes of identification and billing, you agree to provide us with current, accurate, complete, and updated information including your name, address, telephone number, and applicable payment data. You agree to notify us promptly of any changes in your information, including your payment data.
After three (3) consecutive months of failed monthly membership fee transactions, Gaia Spa reserves the right to terminate your membership and privileges from all Gaia Spa locations.
We may delay enforcing any of our rights without losing them. We can enforce this Agreement against your heirs and legal representatives. We may assign or transfer this Agreement or any of our rights under it without notice to you, except as otherwise
required by law. Your rights or obligations under this Agreement cannot be assigned by you to anyone else without our prior written consent. In the event of our closure, all monetary exchanges are final and non-refundable.
For residents of all U.S. states except California, Maine, and Utah residents: YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT. YOU MAY CANCEL THIS AGREEMENT AT ANY TIME CANCELLATION REQUESTS MUST INCLUDE A SIGNED AND DATED WRITTEN
NOTICE OF CANCELLATION PERSONALLY DELIVERED OR SENT BY REGISTERED MAIL, RETURN RECEIPT REQUESTED, TO US. IF YOU DO NOT CANCEL WITHIN THE THREE-DAY PERIOD AFTER SIGNING, YOU SHALL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT INCLUDING THOSE RELATED
By signing below, you authorize us to automatically charge the card or banking account information you have specified. Monthly payments will be automatically charged on or after the same day of each month until you cancel this Agreement in accordance with its terms. You understand we may continue to automatically charge your card or terminate this Agreement in accordance with its terms. Additionally, you authorize us to automatically charge your card or banking account in lieu of presenting it for any services received.
ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, AND INDEMNIFICATION
- By signing below, you understand, acknowledge, agree and hereby voluntarily accept all risk and responsibility associated with the services provided and use of any of the facilities at any Gaia Spa location. You hereby waive all claims, assume all liability, and release, hold harmless, indemnify, and agree to defend us (including our affiliates, agents, and employees), Gaia Spa affiliates, and any other location you may visit, from liability for any injury, claim, cause of action, suit, demand, and damages (including, without limitation, personal, bodily, or mental injury, property damage, economic loss, consequential damages, and punitive damages), arising from or related to (your failure to disclose any pre-existing conditions, limitations, or sensitivities)
- Your failure to inform your therapist or esthetician of discomfort or pain during or at the end of the service;
- Your presence on the premises of any Gaia Spa location; and/or
- Any negligence on our part (including our employees). You further expressly agree that this Assumption of Risk, Release, Waiver of Liability, and Indemnification is intended to be as broad and inclusive as permitted by law and that if any portion of it is held invalid, the balance shall be valid and continue in full legal force and effect. These provisions are binding on your estate, family, heirs, administrators, personal representatives, and assigns.
YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THE PROVISIONS CONTAINED WITHIN THIS AGREEMENT, HAVE HAD ADEQUATE TIME TO REVIEW SUCH PROVISIONS BEFORE SIGNING, ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO THESE PROVISIONS IS GIVEN IN EXCHANGE FOR OUR RENDERING OF SERVICES, AND AGREE THAT THESE PROVISIONS APPLY AT EACH VISIT TO ANY GAIA SPA LOCATION. YOU ACKNOWLEDGE AND AGREE THAT EACH GAIA SPA LOCATION IS INDEPENDENTLY OWNED AND OPERATED AND YOUR AGREEMENT IS WITH US AND NOT WITH ANY OF ITS AFFILIATES. YOU UNDERSTAND AND AGREE THAT OUR THERAPISTS AND ESTHETICIANS ARE OUR EMPLOYEES. YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME SHALL YOU HAVE A RIGHT TO, NOR SHALL YOU, ASSERT OR BRING ANY CLAIM, DEMAND, OR LEGAL ACTION AGAINST GAOA SPA OR ANY OF ITS AFFILIATES RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER GAIA SPA NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR (i) ANY OBLIGATIONS OR LIABILITIES RELATING TO OR
ARISING FROM THIS AGREEMENT; (i) ANY CLAIM BASED ON, IN RESPECT OF, OR BY REASON OF THE RELATIONSHIP BETWEEN YOU AND US; OR (ii) ANY CLAIM BASED UPON ANY ALLEGED UNLAWFUL ACT OR OMISSION BY US OR ANY OTHER GAIA SPA LOCATION.