Terms and Conditions

*Your membership entitles you to (one) 50 min Custom Massage per month at The Necessity Spa during the term of your membership. Your membership status must be active in order to redeem any membership services. Your membership is non-transferable to any other person or entity.

*Additional spa services are available to members in good standing for a 10% discount. Payment is due at time of service for any additional services. Discounts are non-transferable and apply to members only.

*The Necessity Spa is not responsible for lost or stolen property.

Cancellation Policies & Procedures

CANCELING YOUR APPOINTMENT:

*Appointments may be canceled or rescheduled without charge with 24-hour notice prior to your appointment time. Any appointment missed, canceled or changed without 24-hour notice will result in redemption of your membership massage service and charge for any additional services scheduled with membership service.

CANCELLATION OF MEMBERSHIP DURING INITIAL TERM:

You may cancel this agreement during the initial term of your membership upon the following conditions:

You change your permanent residence to a location 25 miles from The Necessity Spa, Twinsburg.
Your death or permanent physical disability.

All cancellation requests must be accompanied by written proof of relocation (i.e.: copy of Driver’s License or utility bill) or submission of doctor's note (for medical reasons).

CANCELLATION OF MEMBERSHIP DURING AUTO RENEW TERM

“Following the Initial Term, during the auto-renew term of your membership,” you may cancel your membership upon 30-day advance notice written to The Necessity Spa. A membership termination form will be provided and must be submitted to The Necessity Spa in order to cancel your membership. You are responsible for all membership fees incurred until you cancel your membership in accordance with the terms in this agreement.

Amendment, Modifications and Termination

This membership contract may be amended, modified or terminated at any time following the initial term, provided, however, that no amendment, modification or termination shall be effective with respect to any member until such member has received notice of such amendment, modifications or termination. A member shall be deemed to have received notice three days after notice is mailed to the member at member’s address for billing purposes on our records.

We reserve the right to terminate or deny re-enrollment for an indeterminate amount of time if a member has unsatisfactory payment history.

If the membership account becomes delinquent and is not properly canceled, this account will be referred to collections and the buyer agrees to pay all reasonable collections, agency fees and legal costs incurred.

DISCLAIMER OF LIABILITY

You understand and voluntarily accept any risks associated with your service or any use of The Necessity Spa’s facilities. Except where prohibited by law, you agree that The Necessity Spa will not be liable for any injury, including without limitation, personal, bodily, or mental injury, economic loss, or any damage resulting from negligence, other acts of The Necessity Spa, anyone on The Necessity Spa’s behalf, or anyone using the services of the facilities at The Necessity Spa.

ARBITRATION

The parties agree that any controversy or dispute between any of the parties to this agreement arising out of any of the terms, provisions, or conditions of this agreement shall be submitted to arbitration in Twinsburg, Ohio or another location agreed to by the parties. The arbitration shall be heard before a retired judge or an attorney. The arbitration shall be conducted through the American Arbitration Association. If the parties cannot agree to an arbitrator, AAA shall be empowered to make the selection. The arbitration shall be held before a single arbitrator and shall be binding with no right of appeal.

The arbitration shall be conducted through the American Arbitration Association (“AAA”) or another similar arbitration service that is agreeable to both parties. Standard Arbitration Rules. The arbitration shall be commenced by filing a demand for the arbitration with the administrator of (“AAA”) and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within the fifteen (15) days. If no response is filed, all the allegations of the demand shall be deemed denied.

The parties shall select an arbitrator by mutual agreement through AAA within thirty (30) days of the date the demand for the arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of AAA shall select an independent arbitrator. The costs of the arbitration, including the arbitrators’ fees, shall be borne equally by the parties to the arbitration, unless the arbitrator orders otherwise.

OTHER PROVISIONS

Notice to customer:

You are entitled to a copy of this contract at the time you sign it. You may cancel this contract at any time before midnight of the third operating day after signing this contract. If you choose to cancel this contract, you must either: send a signed and dated written notice of a cancellation by registered mail, return receipt requested; or personally deliver a signed and dated written notice of cancellation to:

The Necessity Spa, Incorporated

2651 E Aurora Rd., Suite B

Twinsburg, Ohio, 44087

If you cancel this contract within the three day period, you are entitled to a full refund of your money less a fee equal to the value of any services received. If the third operating day falls on a Sunday or Holiday, notice is timely given if mailed or delivered as specified in this notice on the next operation day. Refunds must be made within thirty operating days of receipt of the cancellation notice by The Necessity Spa, Inc. “Operating Day” means any day on which patrons may inspect and use the facilities and services of The Necessity Spa, Inc during a period of at least six hours.