Spa Week Media Group, Ltd. (“Spa Week”) formally known as C&R Media, has established a No-Fee Gift Card Program (“Gift Card Program”) to provide marketing and business opportunities to its Day Spa Partners through a network of spas that agree to accept the Spa Week Gift Cards as tender for the payment of services. The “Spa” agrees to the terms and conditions detailed below.

 

Terms and Conditions of Participation

• Spa Week reserves the right to deny membership for any reason including, but not limited to, (1) Incomplete Application and (2) Failure to meet terms and conditions herein.
• Spa Week and the above mentioned Spa are independent contractors and neither party is the legal representative, agent, joint venturer, partner, or employee of the other party. The Spa shall indemnify, defend, and hold Spa Week harmless from and against any and all claims, damages, liabilities, judgments, costs, and expenses (including reasonable attorney’s fees and disbursements) arising out of any action brought by any third party relating to the services provided (or not provided), or actions or (failure to act), of the Spa or any of its representatives.
• The Gift Card is not replaceable if lost or stolen and should be treated as cash.
• Face value of Gift Card is in U.S. Dollars and can not be redeemed for cash
• Honor and accept valid Spa Week Gift Cards presented for spa services sold.
• Offer the same menus & fees to Spa Week clients as clients not having Spa Week Gift Cards.
• Follow the instructions for redeeming Spa week Gift Cards (see redemption procedures below).

During participation, Spa Week Agrees To:

• Place the Spa’s listing on the Spa Week website, www.spaweek.org. within 1 week (5) business days of new membership.
• Make payment to the Spa promptly for each properly redeemed Spa Week Gift Card.
• Pay the Spa 100% of the face value of the redeemed Gift Card upon valid submission.
• Mail redemption checks for valid and properly submitted Gift Cards twice monthly.

Participation begins on the date of the signing/ acceptance of this Agreement. Rights and Responsibilities of participation take effect on the start date, during which the Spa is referred to as an “Active Participant.” Active Participation continues until either party notifies the other in writing of its intent to terminate participation. If you choose to leave the Gift Card Program, you must provide thirty (30) day prior written notice to Spa Week. After written notice of your intention to leave the Gift Card Program is delivered to Spa Week, your spa must continue to accept the Spa Week Gift Card throughout that thirty (30) day period.

The Spa's listing will be removed from the online directory within five (5) business days. If the Spa receives calls from clients who announce their intention to use the Spa Week Gift Card, Spa may inform them that it has left the program and can no longer accept the Gift Cards. If a client presents the Spa Week Gift Card after services have been rendered, Spa may still accept it and send it in to Spa Week for payment. Spa Week will continue to accept the Gift Card for up to two (2) months following the Spa's removal from the program.

GIFT CARD REDEMPTION: Gift Cards have no expiration period. The entire face value of the Gift Card is to be redeemed on the date of the client visit. Each Gift Card will state that no portion of the Card can be redeemed for cash. Each Gift Card has a cash value of $.0001. If a balance remains on the Gift Card, the Spa must issue the client its own spa credit. After accepting a Gift Card, the Spa must write "used" or “void” across the front and mail to Spa Week within 30 days of acceptance.

This Agreement is delivered and made in New York, New York. This Agreement shall be governed and construed under the laws of the State of New York without giving effect to any choice of law or conflict of law provisions or rules (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.

Each of the parties hereto consents to the jurisdiction of the Supreme Court of the State of New York and the Federal District Court for the Southern District of New York for all purposes in connection with the enforcement of any rights arising hereunder. Each of the parties hereto further consents that any process or notice of motion or other application of either of said courts or a judge thereof, or any notice in connection with any proceedings hereunder, may be served inside or outside the State of New York or the Southern District of New York by registered or certified mail, return receipt requested, or by personal service, provided 35 days, from the date of delivery, for appearance is allowed, or in such other manner as may be permissible under the rules of said courts. This paragraph shall control with respect to the enforcement of any rights hereunder.

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement. This Agreement constitutes the entire agreement between Spa Week and the Spa with respect to the subject matter hereof, and supersedes all prior, whether written or oral, between the parties with respect to such subject matter.

Spa Week Media Group, Ltd.