membership agreement - the bare. bank
1. membership term
This Membership Agreement (“Agreement”) is made between bare. medical aesthetics LLC Member (“Member”) and bare. medical aesthetics LLC (“Spa”) for a term of twelve months, beginning on the date of first payment and ending 12 months later.
2. automatic monthly payments
Member agrees to pay an advanced monthly fee of $159 ($139 for Early Bird) through automatic payment from their designated credit/debit card on the [day of month] day of every month. Member must notify the Spa of any changes to payment information. If payment is declined or no valid card is on file, the Spa may terminate the membership or demand full payment of the remaining balance.
The membership fees will accrue as credits which can be applied toward Member’s purchase of designated products and services at the Spa. Credits remain valid if all payments are timely. They are non-transferable, non-refundable, and cannot be used to pay membership fees or combined with other offers. Unused credits at termination of this Agreement are cancelled. The Spa may change the products or services eligible for credits.
3. credit usage
Membership and credits are strictly non-transferable and cannot be assigned to any other individual. Membership fees and credits are non-refundable under all circumstances.
4. non-transferability
Early termination of this Agreement, by written notice to the Spa, is only permitted under the following conditions:
● Death of the Member;
● Member suffers a debilitating injury or disease;
● Member’s residence is relocated more than fifty miles away from Flagstaff city limits;
● Member is called to active duty and deployed out of Northern Arizona; or
● The Spa fails to open or permanently discontinues operations.
Additionally, Spa may grant a request for a reason not listed above at its sole discretion. If the Agreement is terminated based on the foregoing, Member is responsible for
payment through the date that Spa receives written notice, or a later date specified in the notice.
If Member terminates this Agreement early for any reason, there is a twelve month waiting period before Member is eligible for membership again.
5. early termination
6. termination or suspension of membership, credit
Spa has the right to suspend or cancel any membership, or limit access to certain services or products, with verbal or written notice at any time for any reason, without refunding the paid membership dues. Suspension or cancellation of membership does not limit Spa’s other rights or remedies. Spa reserves the right to forfeit accrued credits and cancel membership if no credits have been used within twelve months and the Member does not respond to phone calls or emails from Spa to verify continued participation.
7. changes to terms and conditions
The Spa reserves the right to change the terms and conditions of this Agreement, including the membership fee, with 30 days’ notice to the Member.
8. automatic renewal
This membership will automatically be renewed for another twelve-month term unless the Member provides written notice of cancellation at least fourteen days before the End Date.
9. alternative dispute resolution
Prior to initiating any legal action arising out of or relating to this Agreement, the parties agree to engage in good faith mediation to resolve any disputes or disagreements. The mediation will be conducted by a mutually agreed-upon mediator, and the costs of the mediation will be shared equally by the parties. If the parties are unable to resolve the dispute through mediation within 30 days of the mediation notice, either party may then proceed with legal action.
Waiver. A waiver of a breach of any term in this Agreement will not be considered a waiver of a future breach of the same term; a waiver of a breach of any other term; or a waiver of a the right to declare an immediate or subsequent breach.
Jurisdiction, Venue. This Agreement will be governed and interpreted by Arizona law. The venue for any lawsuit, claim, or alternate dispute resolution proceeding arising directly or indirectly out of this Agreement will be Coconino County, Arizona.
Severability. Each provision of this Agreement must be interpreted in a way that is valid under applicable law. If any provision is held invalid, the rest of the Agreement will remain in full effect.
Assignment. Spa may assign or transfer this Agreement and Member’s membership to an affiliate of the Spa or to a third party in the event of a sale, merger, acquisition, or other corporate transaction without prior notice to Member. Members may not assign or transfer this Agreement.
Attorney’s Fees. If a dispute arises out of this Agreement, then the prevailing party will be entitled to recover expenses, including reasonable attorney’s fees and costs, and the expenses and fees of any appeals.