ME SPA Membership Terms and Conditions
1. Introduction
These Terms and Condition, and any other terms incorporated herein by reference (collectively, “ME SPA Membership Terms”) constitute an agreement between you
(“ME SPA Member”) and ME Bath Spa Experience LLC (together with its affiliates and subsidiaries, collectively, “ME SPA”, “we”, “our” or “us”) relating to your participation in the ME 180 Membership or the ME 360 Membership (collectively, “ME SPA Membership(s)”).
Please read these ME SPA Membership Terms carefully, because they affect your legal rights, including an agreement to resolve any disputes that may arise between you and ME SPA through arbitration on an individual basis instead of by class actions or jury trials. By signing up for a ME SPA Membership, you agree to be bound by these ME SPA Membership Terms. Your right to be part of the ME SPA Membership is conditioned upon your acceptance and compliance with these ME SPA Membership Terms. If you do not agree to be bound by these ME SPA Membership Terms, you are not authorized to become a ME SPA Member.
NOTE: THESE ME SPA MEMBERSHIP TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES WITH ME SPA. PLEASE READ IT CAREFULLY. IT IS CONTAINED IN SECTION 22 BELOW.
2. Becoming a ME SPA Member
To become a ME SPA Member, you must sign this form in person in a ME SPA location. You represent that all information you provide while enrolling and throughout your participation in your ME SPA Membership is true and accurate, and you agree to update such information, as necessary to maintain its truth and accuracy. ME SPA reserves the right to approve, deny, or revoke your enrollment in any ME SPA Membership at any time for any reason, in its sole discretion. A ME SPA Membership can only be purchased by you and not on behalf of another party.
3. Membership Plans
For a monthly Membership fee of $105, you will become a ME 180 Member. ME 180 Membership Benefits includes a choice of one of the following services per month: 50-minute Signature Swedish Massage or a 50-minute Signature Custom Facial plus a 15% discount on products and services at ME SPA (depending on availability, some exclusions may apply) (“Membership Benefits”).
For a monthly Membership fee of $135, you will become a ME 360 Member. ME 360 Membership Benefits includes a choice of one of the following services per month: 80-minute Signature Swedish Massage or a 80-minute Signature Custom Facial plus a 15% discount on products and services at ME SPA (depending on availability, some exclusions may apply) (“Membership Benefits”).
No substitutions for the listed services are allowed. Membership fees are nonrefundable and nontransferable. Membership Benefits cannot be gifted and can only be used by the ME SPA Member. Unused Membership Benefits roll over into the next month and can be stockpiled for up to three (3) months, after which time any unused Membership Benefits will be forfeited. Forfeited Membership Benefits have no remaining value. You cannot stockpile more than three (3) unused Membership Benefits at a time. The 15% Membership discounts cannot be combined with other promotions. Tips are not included in your ME SPA Membership so ME SPA Members are responsible for tipping.
4. Appointments and Late Policy
ME SPA’s 24-hour cancellation policy (48-hour for groups) applies to all ME SPA Members. If you miss, cancel, or change your appointment outside this designated time, you will be subject to our official cancellation policy. Late arrivals may result in a shortened appointment or rescheduling (charges may apply). To cancel or change your appointment, please call the spa directly.
5. Faulty Payments
ME SPA Memberships must be purchased with a valid credit/debit card only (“Payment Card”). No other form of payment is accepted. ME SPA Memberships cannot be paid using a gift card. ME SPA must be notified of any change in billing address on file, contact and credit card information. If your credit card is declined or automatic payment does not go through, ME SPA will send you an email communication to notify you of faulty payment. Upon receipt of that email, you must call ME SPA within seven (7) days to provide a new form of payment. If you fail to reach out to ME SPA within seven (7) days, you forfeit all accrued Membership Benefits and your ME SPA Membership will be canceled. No refunds will be given for any forfeited benefits.
6. Account Freeze Policy
Accounts can be frozen for up to three (3) months once in a 12-month period, which means your credit card will not be charged during the frozen period. ME SPA Members must be current with payments and make a minimum of three (3) consecutive payments in order to be eligible to freeze. Freeze will begin immediately after the most recent successful billing cycle, not the freeze date. During a freeze, stockpiled Membership Benefits are retained until unfreezing. Membership Benefits cannot be used while ME SPA Membership is frozen.
7. Charges to Your Payment Card
ME SPA charges you for your ME SPA Membership using the Payment Card you provide at the time of enrollment. By enrolling as a ME SPA Member, you authorize ME SPA to charge your Payment Card the monthly subscription fee then in effect for your chosen subscription whether or not you use your Membership Benefits. Your ME SPA Membership provides you the opportunity to use the Membership Benefits and your non-use will not obligate ME SPA to provide you with any refund, in whole or part, of your monthly subscription fee. ME SPA reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment, and to update your information from available third-party sources. For some Payment Cards, the issuer may charge you certain fees, such as transaction fees or other fees relating to the processing of your Payment Card. Check with your Payment Card service provider for details, and you are responsible and authorize any such fees or charges.
8. Recurring Billing and Cancellation
8.1. Recurring Billing. By becoming a ME SPA Member, you authorize ME SPA to charge your Payment Card $105 for the ME 180 Membership or $135 for the ME 360 Membership on a recurring monthly basis beginning on the day you start your subscription and every thirty (30) days thereafter (the “Billing Cycle”) until you cancel or ME SPA suspends, ends, or otherwise terminates your ME SPA Membership, which it may do at any time. You hereby accept responsibility for all charges and/or recurring charges made to your Payment Card by us for the ME SPA Membership prior to cancellation or termination. Unless you cancel, the ME SPA Membership will be automatically extended for successive monthly periods at the then-current subscription rate. If you cancel your ME SPA Membership, you may use your Membership Benefits for a period of up to sixty (60) days after your date of cancellation, however benefits will continue to forfeit 90 days from date of accrual. Your non-termination and/or continued use of the ME SPA Membership reaffirms that ME SPA is authorized to charge your Payment Card on the recurring basis to which you agreed at enrollment. ME SPA may submit those charges for payment, and you will be responsible for such charges. ME SPA WILL CONTINUE TO CHARGE YOUR PAYMENT CARD $105 FOR THE ME 180 MEMBERSHIP OR $135 FOR THE ME 360 MEMBERSHIP PER MONTH WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR ME SPA MEMBERSHIP OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT CARD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE ME SPA REASONABLY COULD ACT.
8.2. Changes or Cancellation. To change or cancel your ME SPA Membership at any time, you may send an email to membership@me-spas.com to request a ME SPA Monthly Wellness Membership Cancellation Form (“Membership Cancellation Form”). Membership Cancellation Forms must be completed and submitted in order for the cancellation to be valid. Cancellation requests cannot be made over the phone. To avoid being charged for another month, your cancellation request must be submitted before the start of the next Billing Cycle. If you elect to cancel, you will not be entitled to any refunds and Membership fees cannot be prorated if a ME SPA Member cancels before the month is over. Cancellation requests are not retroactive. If you cancel your ME SPA Membership and then choose to reenroll at a later date, any accrued benefits from your previously canceled ME SPA Membership will not be restored.
8.3 Change in Amount Authorized. If the amount to be charged to your Payment Card varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), ME SPA will provide notice of the amount to be charged and the date of the charge via email at least ten (10) days before the scheduled date of the transaction and a method by which you can cancel your subscription if you choose. Any agreement you have with the issuer of your Payment Card will govern your use of your Payment Card as a payment mechanism.
8.4 Consent to Continuous Service. By agreeing to these terms and conditions, you consent to allow ME SPA to charge your Payment Card $105 for the ME 180 Membership or $135 for the ME 360 Membership on a recurring monthly basis beginning on the day you start your subscription and every thirty (30) days thereafter (the “Billing Cycle”) until you cancel or ME SPA cancels, ends, or otherwise terminates your access to your ME SPA Membership, which it may do at any time. You further consent that in order to cancel your ME SPA Membership, you must send an email to membership@me-spas.com to request a Membership Cancellation Form. Membership Cancellation Forms must be completed and submitted in order for cancellation to be valid.
9. Use of Data
By becoming a ME SPA Member, you authorize ME SPA to collect information about your registration and your account activity, which may include, without limitation, the services purchased, promotions redeemed, participating ME SPA Locations visited, or any other information related to any transactions connected with your ME SPA Membership.You authorize ME SPA to monitor your ME SPA Membership account activity. ME SPA has the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your account or any of your activities relating to the ME SPA Membership, and you agree to cooperate with any such action or investigation. If you are engaged in any improper activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages.
10. Current Information Required
You must promptly notify ME SPA if your payment card is canceled or if you become aware of a potential breach of security, such as the loss, theft, or unauthorized disclosure or use of your payment card, account, username, or password. Changes to such information can be made to your ME SPA Membership information by visiting your local ME SPA location. If you fail to notify ME SPA of any of the foregoing, you agree that we may continue charging you for your ME SPA Membership, unless we have evidence that you have terminated your ME SPA Membership.
11. Other Membership Restrictions
ME SPA reserves the right to approve, deny, or revoke your ME SPA Membership for any reason whatsoever on an immediate basis and without prior notice. You will not receive your Membership Benefits for any purchases excluded by law or the value of any coupons or promotions outside of the ME SPA Membership. ME SPA is not responsible for any tax liability related to your ME SPA Membership. Any disputes concerning your ME SPA Membership will not affect your payment obligations for your ME SPA Membership.
12. Electronic Communications
Except as otherwise required by law, you acknowledge and agree that we may provide any notice permitted or required under these ME SPA Membership Terms via mail, email, posting on our website, SMS, in-app or push notification, or any other reasonable means. By becoming a ME SPA Member, you acknowledge and agree that we may communicate with you regarding your ME SPA Membership electronically. These communications will include notices about your account (e.g., change in monthly payments or payment amounts, confirmation emails, and other transactional information) and are part of your relationship with ME SPA. Such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
Notice for California Users. Under California Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
13. Wireless Carrier Charges and Fees
You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services as a result of your use of the ME SPA Membership.
14. ME SPA’S Right to Change/Modify/Cancel
ME SPA may, with or without notice, cancel, modify, restrict, waive or terminate in its sole discretion any of the ME SPA Membership Terms. We may provide notice to you of such changes or any suspension or modification to the extent required by applicable U.S. law. However, should ME SPA make any material change concerning your continuous service charges, it will notify you of those changes and a method by which you can cancel your recurring payment. Subject to this notification, your continued participation in the ME SPA Membership constitutes your acceptance of any changes to the ME SPA Membership Terms. ME SPA reserves the right, at our sole discretion, to create limits on the use of your ME SPA Membership including, without limitation, additional registration or verification requirements or geographic restrictions, changes to available Membership Benefits, at any time and without notice. You are responsible for remaining knowledgeable of any changes that ME SPA makes to ME SPA Membership Terms. The most current version of these ME SPA Membership Terms will be available on the ME SPA website and will supersede all previous versions of these ME SPA Membership Terms.
15. Termination
ME SPA Memberships have no predetermined termination date and may continue until such time as ME SPA decides to terminate them. ME SPA may terminate the ME SPA Memberships and/or these ME SPA Membership Terms for convenience at any time. ME SPA will provide notice of termination via the email address you supplied at the time of enrollment. Upon termination of these ME SPA Membership Terms for any reason whatsoever, your ability to participate in and/or redeem Membership Benefits from the ME SPA Membership terminates immediately. For information on how you can cancel your subscription, see Section 8 of these terms and conditions.
These ME SPA Membership Terms shall continue in full force and effect until terminated. ME SPA may terminate these ME SPA Membership Terms for convenience at any time upon notice to you. Notwithstanding the foregoing, with respect to you, these ME SPA Membership Terms shall terminate without any further action needing to be taken by ME SPA upon any breach by you of these ME SPA Membership Terms.
The terms set forth in the following paragraphs of these ME SPA Membership Terms shall survive the termination for any reasons: “INDEMNIFICATION AND AS-IS AND NO WARRANTIES DISCLAIMER”; “LIMITATION OF LIABILITY”; “CHOICE OF LAW”, “DISPUTE RESOLUTION; MANDATORY ARBITRATION; CLASS ACTION WAIVER” and “ENTIRE AGREEMENT.”
16. Intellectual Property
You acknowledge and agree that ME SPA and/or its licensors, affiliates, partners, agents, and successors own all legal right, title, and interest in and to ME SPA and its ME SPA Memberships, including any and all intellectual property rights that exist therein.
17. Program Responsibility
These ME SPA Membership Terms set forth all the terms of the ME SPA Membership. ME SPA has no other obligations with respect to the ME SPA Membership beyond those in these ME SPA Membership Terms. ME SPA makes no guarantees, warranties or representations of any kind concerning the ME SPA Membership.
18. Program Void
These ME SPA Membership Terms are void where prohibited by federal, state, or local law or regulations.
19. Indemnification and As-Is and No Warranties Disclaimer
You agree to indemnify, defend and hold harmless ME SPA and their subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, debt or liability, including without limitation attorney’s fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
1. your ME SPA Membership, Membership Benefits, and/or any other service provided in the ME SPA Membership;
2. any breach or non-compliance by you of any of these ME SPA Membership Terms;
3. your actions or omissions; or
4. your negligence or violation or alleged violation of any applicable law, regulations, or any rights of a third party.
Disclaimer. THE ME SPA MEMBERSHIP AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR ME SPA MEMBERSHIP AND YOUR PARTICIPATION IN ANY ME SPA SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR INJURY RESULTING FROM THEIR USE.
20. Limitation of Liability
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ME SPA OR ANY OF ITS CONTRACTORS, EMPLOYEES, PROVIDERS, FRANCHISEES, OR ANY OF EACH OF THEIR AFFILIATES AND SUBSIDIARIES, BE LIABLE FOR ANY DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE ME SPA MEMBERSHIP, YOUR MEMBERSHIP BENEFITS, OR OTHER SERVICES RECEIVED AT ME SPA, INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, THE LIABILITY OF ME SPA OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OF OR INABILITY TO USE YOUR ME SPA MEMBERSHIP THE ME SPA MEMBERSHIP SHALL NOT EXCEED THE SUM OF THE FEES PAID BY YOU FOR YOUR ME SPA MEMBERSHIP.
21. Choice of Law
These ME SPA Membership Terms are governed by and construed in accordance with the laws of the State of California, excluding that body of laws pertaining to conflict of laws.
22. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE ME SPA Membership Terms.
YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL AND CLASS ACTION WAIVER) WITHIN THIRTY (30) DAYS OF ACCEPTANCE OF THESE ME SPA Membership Terms, IF YOU FOLLOW THE PROCEDURES SET FORTH IN THIS SECTION 22. OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH ME SPA THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
YOU AND ME SPA AGREE TO ARBITRATE – RATHER THAN LITIGATE IN COURT – any and all claims or disputes between us (including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of ME SPA) that are connected to, arise out of, or in any way relate to these ME SPA Membership Terms. Notwithstanding this agreement to arbitrate, you and ME SPA may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court's jurisdiction, or before the Federal Communications Commission, the relevant state public utilities commission, or any other federal, state, or local government agency authorized by law to hear the claims.
Opt Out: You may opt out of this dispute resolution provision (except for the jury trial and class action waiver contained below) by notifying ME SPA in writing of that intent within thirty (30) days after acceptance of these ME SPA Membership Terms by sending a letter stating that you are opting out of this dispute resolution provision to ME SPA via U.S. mail to 3343 ½ Motor Ave, Los Angeles, CA 90034. Exercising this right, should you choose to do so, will not affect any of the terms of your agreement with ME SPA. If you opt out of the dispute resolution provision, that opt out will remain in effect if ME SPA modifies this section in the future.
Class Action Waiver: You and ME SPA agree that all claims or disputes between you and ME SPA will be arbitrated (or litigated if you have opted out of arbitration) individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or ME SPA brings a claim in small claims court, the class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor ME SPA may participate in a class or representative action as a class Member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or ME SPA. Both parties agree that this class action waiver is an essential part of these ME SPA Membership Terms.
Arbitrator Authority: The arbitration between you and ME SPA will be binding. In arbitration, there is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by these ME SPA Membership Terms. You and ME SPA agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these ME SPA Membership Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with ME SPA. Review of arbitration decisions in the courts is very limited.
Arbitration Procedures: You and ME SPA agree that these ME SPA Memberships Terms affect interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association ("AAA"). The AAA's rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA's rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to ME SPA via U.S. mail to 3343 ½ Motor Ave, Los Angeles, CA 90034. You must also comply with the AAA's rules regarding initiation of arbitration. You will be responsible for your own attorneys’ fees and costs. The arbitration will be held in Los Angeles, California or Phoenix, Arizona, as agreed to by the parties.
Jury Trial Waiver: If for any reason this arbitration agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and ME SPA expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a judge rather than a jury will decide disputes between you and ME SPA if, for any reason, the arbitration agreement is not enforced.
Survival: This Section 22 survives the termination of these ME SPA Membership Terms. If you bring a claim against ME SPA after termination of these ME SPA Membership Terms that is based in whole or in part on events, acts or omissions that occurred while you were an ME SPA customer, this dispute resolution provision shall apply. You understand that the terms of any agreement between you and any Payment Card issuer will continue to apply to your use of any such Payment Card through your ME SPA Membership.
23. Assignment
You may not sell, assign or transfer any Service or other benefit you receive, any other aspect of your ME SPA Membership, or any of your rights or obligations under these ME SPA Membership Terms, whether by operation of law or otherwise. ME SPA may sell, transfer, or assign your ME SPA Membership or these ME SPA Membership Terms without notice to you. If ME SPA makes such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and ME SPA will be released from any responsibilities or obligations.
24. Severability
If any provision of these ME SPA Membership Terms is held illegal or unenforceable in a legal proceeding, such provision shall be severed and shall be inoperative, and the remainder of these ME SPA Membership Terms shall remain operative and binding on you and ME SPA.
25. No Waiver
Any failure by ME SPA, either in the past or future, to insist upon strict adherence to any term of these ME SPA Membership Terms shall not be considered a waiver of our rights or deprive us of our rights thereafter to insist upon strict adherence to that term any other term of these ME SPA Membership Terms.
26. Entire Agreement and Statement of Non-Reliance
These ME SPA Membership Terms together with any other terms and conditions, policies or agreements referenced herein, constitutes the entire agreement between the parties concerning the subject matter hereof. You expressly acknowledge and agree that you are not entitled to rely upon, and have not relied upon, any representation or warranty by ME SPA that is not expressly stated in these ME SPA Membership Terms.
