MASSAGE MEMBERSHIP APPLICATION AND AGREEMENT

MONTHLY MEMBERSHIP TYPE: One 60-Minute Massage or Facial session for $90 per month 

MEMBERSHIP DURATION: 12 Months

MEMBERSHIP PAYMENT SELECTION:  Cards will be charged on the 1st and no later than the 5th of each month

BENEFITS OF MEMBERSHIP   

1    Membership Services - All memberships include your choice of a one hour massage or facial each month.

 2    Additional Membership Massage and Facials Services - Members may purchase an unlimited number of additional services for their personal use at the same discounted rates.

3    Rollover Privileges - Members may rollover any unused services to the following month. Upon termination of your month to month membership, accumulated member service packages expire and are non-refundable 60 days after you cancel your membership, accumulated member services expire 60 days after the last day of a Prepaid Term Membership.

4    Retail Discounts- A 5% discount is given to all members on retail product purchases.

5    Salon Service Discounts- A 10% discount is given to all members on salon services.    

6    Rewards Program Participation – Members will be enrolled in our Rewards Program and can earn discounts on services viamarketing campaigns on our Vivo App.

AGREEMENT TERMS AND CONDITIONS

CANCELLATION POLICY & PROCEDURE:  CANCELLING YOUR APPOINTMENT: You may cancel your appointment without charge if you cancel within 24 hours of your appointment. Same day cancellations or not showing up for you appointment will result in forfeiture of that scheduled appointment.

CANCELLATION OF MEMBERSHIP DURING INITIAL TERM:  You may cancel this agreement during the initial term of your membership upon the following conditions: Your death or permanent physical disability. You have a physician’s note certifying that you are unable to receive massages. Cancellation of membership outside of the accordance of this agreement will result in a charge for 1/2of the contracted membership services at time of cancellation effective date and services will be forfeited.

CANCELLATION OF MEMBERSHIP DURING AUTO RENEW TERM: After the initial term you may cancel at any time. All cancellations require 30 days written notice and are effective within 10 business days after the 30 day notice period. Payments due prior to the effective date will be charged as scheduled. We reserve the right to terminate or deny re-enrollment for an indeterminate amount of time if you have an unsatisfactory payment history. If your membership account becomes delinquent and is not properly cancelled, the account will be referred to collections and you agree to pay all reasonable collections, agency fees, and legal costs incurred.

DISCLAIMER OF LIABILITY: Memberships are non-transferable and non-refundable. Vivo Spa Salon must be notified about any changes in address, contact information and/or credit card information. Guests must follow spa rules and regulations. Vivo Spa Salon reserves the right to refuse or discontinue services for any reason. Vivo Spa Salon reserves the right to modify/change spa rules, regulations, services and pricing with reasonable notice. Twenty four hour advance notice is required on any appointment cancellation. Failure to do so will result in a forfeiture of the monthly service. Vivo Spa Salon is not responsible for lost or stolen property.

 Age requirements for receiving spa services vary by state and local law and Vivo Spa Salon strictly complies with such laws. In the event there is not a specific regulation in your area, our policy is as follows: No person will be denied admission based upon race, religion or appearance. CHILDREN UNDER THE AGE OF 12 SHALL BE STRICTLY PROHIBITED FROM ENTERING THE SPA. No children under the age of 18 will be able to receive any service without the express written consent of their parent or guardian. For children 15 and under (or where required by state law), a parent or guardian MUST remain in the treatment room and for all minor children the parent must remain on premises during services. Must be over the age of 10 to receive a Teen facial.

AT NO TIME SHALL YOU HAVE A RIGHT TO, NOR SHALL YOU, ASSERT OR BRING ANY CLAIM, DEMAND, OR LEGAL ACTION AGAINST VIVO SPA SALON CORP. OR ANY OF ITS AFFILIATES RELATING TO YOUR MEMBERSHIP OR WELLNESS AGREEMENT OR THE SERVICES PROVIDED UNDER THE AGREEMENT. NEITHER MEF NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR (i) ANY OBLIGATIONS OR LIABILITIES RELATING TO OR ARISING FROM YOUR MEMBERSHIP AGREEMENT; (ii) ANY CLAIM BASED ON, IN RESPECT OF, OR BY REASON OF THE RELATIONSHIP BETWEEN YOU AND US; OR (iii) ANY CLAIM BASED UPON ANY ALLEGED UNLAWFUL ACT OR OMISSION BY VIVO SPA SALON CORP.  OR ANY INDEPENDENTLY OWNED AND OPERATED VIVO SPA SALON CORP. 

MEMBERSHIP PRICE CHANGES: Following the initial term of your membership, VIVO SPA SALON CORP.  will give you 30 days advance written notice of any increase in the monthly payment (or membership dues) under your membership or Wellness agreement.

SERVICE DETAILS AND REQUIREMENTS: To the best of the VIVO SPA SALON CORP.  knowledge, only professional massage therapists and estheticians who comply with state, city, and/or local licensing or certification requirements are hired by the VIVO SPA SALON CORP.  Ask the VIVO SPA SALON CORP.  if you would like to see a particular massage therapist’s or esthetician’s license or certification. You understand that the services VIVO SPA SALON CORP.  provides 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. It is your responsibility to inform the franchised location 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 will 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 the attention of the franchised location rendering the service immediately following your service. Inappropriate or illegal conduct will not be tolerated in any manner. VIVO SPA SALON CORP.  may, in its sole discretion, refuse or discontinue a service if it determines such service may be unsafe or cause discomfort for you or if you engage in any inappropriate conduct as determined by VIVO SPA SALON CORP.  in its sole discretion.

OTHER TERMS AND CONDITIONS

VIVO SPA SALON CORP.  reserves 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. VIVO SPA SALON CORP.  reserves 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 VIVO SPA SALON CORP.  with current, accurate, complete, and updated information including your name, address, telephone number, and applicable payment data. You agree to notify VIVO SPA SALON CORP.  promptly of any changes in your information, including your payment data.

VIVO SPA SALON CORP.  may delay enforcing any of its rights without losing them. VIVO SPA SALON CORP.  can enforce the membership or Wellness agreement against your heirs and legal representatives, and may assign or transfer such agreement or any rights under it without notice to you, except as otherwise required by law. Your rights or obligations under the membership or Wellness Agreement cannot be assigned by you to anyone else without VIVO SPA SALON CORP. ’s prior written consent. In the event of VIVO SPA SALON CORP. ’s closure of their independently owned and operated franchised location, you will be directed to another VIVO SPA SALON CORP.  franchise. The invalidity or unenforceability of any provision of your membership or Wellness Agreement shall not affect the validity or enforceability of any other provision of the agreement, which shall remain in full force and effect. You understand and agree that your membership or Wellness Agreement does not grant you the privilege of exclusive or preferred access to VIVO SPA SALON CORP. ’s location or any other VIVO SPA SALON CORP.  location or to any service offered at any other VIVO SPA SALON CORP.  location. You or any other individual may obtain access to and purchase any and all services offered by VIVO SPA SALON CORP.  or at any VIVO SPA SALON CORP.  location without entering into an agreement, and you understand that your membership or Wellness Agreement only entitles you to the benefits set forth therein.

I ACKNOWLEDGE RECEIVING AND READING A COMPLETED COPY OF THIS APPLICATION AND AGREEMENT BEFORE SIGNING. I UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT.

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