Membership West Miami

 
 
 
 
 
 
 
 

 

The words "you" and "your" mean the Member listed above (and the Buyer signing below) with the respect to The Mark Spa, d/b/a The Mark spa, an independently company owned and operated by TMCA Group, LLC. This contract is between you and us.
The words "you" and "your" mean the Member listed above (and the Buyer signing below) with the respect to The Mark Spa, d/b/a The Mark spa, an independently company owned and operated by TMCA Group, LLC. This contract is between you and us.

 

 

Wellness Benefits
You are entitled to the Wellness Benefits on the terms and conditions described bellow

  • One 60- minutes Wellness Relaxation Massage session or a Healthy Skin Facial session monthly.
  • Additional 60- minutes Wellness Relaxation Massage session or a Healthy Skin Facial session at discounted member rate.
  • Discounts on other additional services, service enhancements and specified retail products.
  • 15% OFF Aesthetic Services.
  • Salt Therapy.
Additional Benefit Details

Session Length: Our Wellness Massage sessions and Healthy Skin Facial sessions include a total of 10 minutes for client consultation and dressing, which occurs both pre and post service.

Cancel/Reschedule Sessions: Your spa appointments are reserved exclusively for you; therefore 24 hours’ notice is required to cancel or reschedule an appointment.
Cancellation not made within that time will be charged $20, while no-shows are charged $40. Theses fee will be charged on the credit card used to secure your appointment. If you arrive late for your appointment you are going to lost time on your service, or you can reschedule your session if we have availability at that moment, on the other hand you need to pay $20 for rescheduling for another day. The best way is Stay on Time 15 min before your session. Remember, our location is open 7 days a week

Rollover Session: If you can't assist to your monthly session, you can use your accumulated but unused monthly session up to three consecutive times only. Members are only allowed to share one time per month.

Share session with friends and family: If you are not able to come a month you can share them with friends or family, $10 transfer fee will apply. (You can share only up to three consecutive sessions)

 
 
Cancellation/Use and accrual of Wellness Benefits

After the Initial Term, you may cancel this Agreement at any time upon written notice as provided herein. All cancellation requests must be submitted by email to manager@themarkspa.com and will become effective ten (10) days after the cancellation request is received by us. Any payments due under this Agreement prior to the cancellation effective date will be charged by us as schedule. Some state laws may provide you with additional cancellation rights.

 
 

Accrual of Wellness Benefits: If you pay in full prior to or at the time of signing of this Agreement, you will be able to redeem all Wellness Benefits immediately. If you pay on a monthly basis, your Wellness Benefits will accrue monthly and may be used after each monthly payment is received provided you are an active member.

 
 

Use of Accrued but Unused Wellness Benefits: If your Agreement is not renewed, is cancelled, 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 Wellness Benefits. Upon Expiration of the sixty (60) day period after nonrenewal, cancellation or termination, all accrued but unused wellness benefits shall expire and you will no longer have the right to use any accrued but unused wellness 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 wellness benefits, including without limitation any unused massages. We may, in our sole discretion, extend the time period for you to redeem accrued but unused Wellness Benefits, but we are not obligated to do so. Any such extension must be in writing signed by you and us.

 
 
Payment Terms

Initial Term: Your SPA Agreement Initial Term begins and ends on the date indicated below. Your SPA Agreement will thereafter automatically renew and continue on a month-to-month basis until cancelled by you or terminated by us in accordance with the terms of this Agreement.

 
 
 

Enrollment Fee: Your enrollment fee of the amount indicated below is due upon signing this Agreement.

 
 

Payment(s): you've elected to pay for you SPA Agreement:


On a monthly basis in the amount indicated below
 
 

This amount will be automatically charged to you credit card on filer on the day each month indiacted bellow until this Agreement is cancelled by you or terminated by us in accordance with this Agreement. Following the initial term, we will give you 30 days advance written notice of any increase in the monthly payment.

 
 
 
 

By signing, below, you understand, acknowledge, agree and hereby voluntarily accept all risk and responsibility associated with the services provided and use of The Mark 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), 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 (1) your failure to disclose any pre-existing conditions, limitations, or sensitivities, (2) your failure to inform your therapist or esthetician of discomfort or pain during or at the end of the service,  and/or (3) any negligence on our part (including our employees) or on the part of The Mark Spa location. 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.

By signing, below, you understand, acknowledge, agree and hereby voluntarily accept all risk and responsibility associated with the services provided and use of The Mark 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), 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 (1) your failure to disclose any pre-existing conditions, limitations, or sensitivities, (2) your failure to inform your therapist or esthetician of discomfort or pain during or at the end of the service,  and/or (3) any negligence on our part (including our employees) or on the part of The Mark Spa location. 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 PROVISSIONS BEFORE SIGNING, ACKNOWLEDGE AND AGREE THAT YOUR CONSET TO THESE PROVISIONS IS GIVEN IN EXCHANGE FOR OUR RENDERING OF SERVICES, AND AGREE THAT THESE PROVISIONS APPLY AT EACH VISIT TO ANY THE MARK SPA LOCATION. YOU ACKNOWLEDGE AND AGREE THAT EACH THE MARK SPA LOCATION IS INDEPENDENTLY OWNED AND THERAPIST AND ESTHETICIANS ARE SELF-EMPLOYEES AND ARE NOT EMPLOYEES OF TMS OR ANY OF ITS AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT AT ANY POINT YOU DON’T HAVE THE RIGHT TO, ASSERT OR BRING ANY CLAIM, DEMAND, OR LEGAL ACTION AGAINST TMS OR ANY OF ITS AFFILIATES RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDE UNDER AGREEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER TMS NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILY FOR (I) ANY OBLIGATIONS OR LIABILITIES RELATING TO OR ARISING FROM THIS AGREEMENT, (II) ANY CLAIM BASED ON, IN ACT OR OMISSION BY US OR ANY OTHER THE MARK SPA LOCATION.
 
MEMBER NAME PRINTED*
 
MEMBER SIGNATURE*

 
BUYER NAME PRINTED
 
BUYER SIGNATURE