1. YOUR RIGHTS AND OBLIGATIONS
a. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
b. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
c. YOU MAY NOT PURCHASE THE WOODHOUSE CLUB MEMBERSHIP IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT.
2. Applicability. These terms and conditions (these "Terms") govern the Woodhouse Club Membership (“Membership”) sold by the independently owned and operated Woodhouse franchise where your Membership was purchased (“Membership Spa” or “We”) and you (the “Member” or “You”). Membership is applicable at the Membership Spa only. The Woodhouse Spas franchisor nor any parent, affiliate, subsidiary or related entity is responsible for the Membership, or the related services provided. Except as expressly provided herein, these Terms are subject to change by written notice at any time, in our sole discretion.
3. Member Service and Additional Benefits. Members will receive one service during each Membership Period to be redeemed at the Membership Spa. Members will select their service at their Membership Spa at the time of enrollment. Membership Services must be redeemed within 90 days of the start of the Membership Period and will not be carried over. Members may receive additional retail discounts and other benefits as offered by the Membership Spa from time to time which are subject to change with thirty days’ notice (“Additional Benefits”). All Membership Services and Additional Benefits are subject to the policies of the Membership Spa, including cancellation policies, which may be updated from time to time. Membership Services and Additional Benefits are non-refundable and non-transferable and may not be exchanged for alternative services or cash value. All spa service and retail prices, discounts, and promotions are subject to change without notice.
4. Membership Period. A Membership Period will start on the date of enrollment and continue for three (3) or one (1) month periods as elected by Members at the time of enrollment (“Membership Period”).
5. Membership Pricing. Members will be charged a membership fee at the commencement of each Membership Period until cancellation. Members will receive a confirmation email after enrollment, including their billing details and cancellation instructions. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Membership pricing is subject to change. Any changes to membership pricing will be communicated at least 30 days in advance, with the option to cancel before the new rate takes effect. Price increases will only apply to orders placed after such changes.
6. Automatic Renewal and Cancellation. The Membership will automatically renew at the end of each Membership Period. Members will be automatically billed at the then current membership fee at the beginning of each Membership Period until cancelled. Members must provide at least seven (7) days’ notice to cancel. Members may cancel Membership at any time as follows:
i. Phone: Call [insert spa number] and state your intent to cancel.
ii. Link: [insert link]
iii. In Person: Visit your Membership Spa and state your intent to cancel.
7. Effect of Cancellation. No further charges will be made after cancellation is effective. Upon cancellation, your Membership any unredeemed Membership Services will remain available for 90 days from cancellation or until expiration of the Membership Service, whichever is earlier. After 90 days, all remaining Membership Services will expire and cannot be redeemed. All other Additional Benefits expire immediately upon cancellation. Membership Spa can cancel your Membership at any time with 30 days advance notice. Membership will also cancel upon closure of the Membership Spa and all Membership Services and Additional Benefits will immediately expire.
8. Dispute Resolution and Binding Arbitration.
(a) YOU AND THE MEMBERSHIP SPA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(e) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE MEMEBRSHIP SPA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
9. Limitation of Liability.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE PURCHASED.
(c) The limitation of liability set forth above shall only apply to the extent permitted by law.
10. Force Majeure. The Membership Spa will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
12. Assignment. Member will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
15. Notices.
(d) To You. We may provide any notice to you under these Terms by sending a message to the email address you provide. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(e) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to the Membership Spa. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement. Our order confirmation and these Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
