Members and their guests receive 10% off all food and beverage at IVY Bar & Bistro

This “Agreement” (including the attached Terms and Conditions) is between you (the “Member” and the Buyer” if different than the Member), and Fiori Spa, LP doing business as Fiori.

Please turn your device horizontally to read and complete the agreement.

1. You have selected the “VIP Membership” at a monthly rate of $79 or the “Platinum Membership” at a monthly rate of $99 per month. (circle one)

2. The “VIP Membership” entitles you to the use of the facilities and discounts for services that membership allows. This membership may be used by only you as the “member”. It is non-transferable and does not allow for guests.

3. The “Platinum Membership” entitles you and a guest to the use of the facilities and discounts for services that membership allows. This membership may be used by you and one guest per visit. Your guest is entitled to the same use and discounts during their visit with you. Guests must be accompanied by a member at all times. With the “Platinum Membership” only, each partner of a legally married couple is considered a member. Therefore, two guests are permitted only when accompanied by both partners of the legally married, member couple.

4. Members and their guests (when applicable) are entitled to discounts on spa services as well as food and beverage from Ivy Bar & Bistro. Currently, service discounts include $50 off each 50 minute massage, and $100 off each 100 minute massage. Members receive a 10% discount on food and beverage from Ivy Bar & Bistro. It is the sole responsibility of the member to notify Ivy staff of their membership status in order to receive the discount. Members are also entitled to use of the facilities during regular business hours. This includes locker rooms, steam rooms, grotto pool/Jacuzzi, outdoor pool and garden area, European sundeck, and Ivy Bar & Bistro both indoor and outdoor dining areas. We ask that members refrain from using the quiet room/waiting areas when not having services as to allow sufficient space for those guests who are in for services. Members and their guests (when applicable) may use the approved facilities whether or not their visit will include spa services. The use of space and facilities is on a first come basis. Some or all parts of the facility may not be available for members, at times, when in use by a private event.

5. The “Initial Term” of your membership will begin on

and will expire on

6. Your “Monthly Dues” of

will be automatically charged to your credit/debit card on a recurring monthly basis until such time that your membership is terminated in accordance with this Agreement.

7. Following the expiration of the Initial Term (twelve months), your membership will automatically continue to renew on a month-to-month basis at the rate of the then-current membership fee (“Renewal Dues”) until your membership is cancelled or terminated as provided in this Agreement. Renewal dues and Monthly dues are referred to in the Terms and Conditions as “Dues.”

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8. By signing below, I authorize Fiori Spa, LP to charge my card for dues each month. I understand that Fiori Spa, LP may continue to charge my account or cancel/terminate my membership in accordance with the terms and conditions of this Agreement.

Payment Information: Credit/Debit Card Ending in

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TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO ALL APPLICABLE LAWS IN THE STATE OF TEXAS

GENERAL TERMS:

1. You agree to follow these terms and conditions and any rules and regulations that may from time to time be enacted regarding your use of Fiori Spa’s facilities and any services that may be provide to you or your guests. Violation of these terms and conditions, rules and regulations may result in suspension or termination of your membership.
2. You warrant and represent that you and any of your guests who engage in Fiori spa services have no disability, impairment, or ailment preventing them from receiving massage or other services that Fiori provides or that would be detrimental or adverse to such person’s health, safety, or physical condition.
3. We reserve the right to change Renewal Dues at any time after your Initial Term has completed, upon reasonable notice to you. You will receive a notice of change at the email address listed at the top of this agreement at least ten days prior to the effective date of such change. We may modify our services and any other terms and conditions of this Agreement (other than the amount of the Renewal Dues) at any time without notice to you and such modifications shall be deemed effective immediately upon making such changes.
4. Your Dues include payment for “Membership Use” of the Fiori Spa facilities and services as provided in the Membership Package chosen. As a Member, you will also receive a discount from Fiori Spa’s regular rates for certain services during the term of the agreement. Payments are due at the time of sale.
5. As long as your membership status is active and all dues are current, you will have access to “Membership Use” and discounts as provided in your membership plan. However, if your membership is not current for any reason the advantages of membership will not be provided until your account has once again been brought to a current status. Your membership may become inactive if any of the following occurs:
• Your payment account does not contain sufficient funds to complete the transaction; or
• The transaction would exceed the credit limit of your credit card; or
• Your payment account or credit card does not otherwise permit the transaction to be executed; or
• You have not provided us with the correct account information to process your payment accurately; or
• Circumstances beyond our control, such as but not limited to fire, flood, acts of war, terrorism or the other interference from an outside force, prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
6. If all or part of any scheduled payment is late, we may charge a late fee of $50 to cover any costs incurred due to insufficient funds. IF THE MEMBERSHIP ACCOUNT BECOMES DELINQUENT, THIS ACCOUNT MAY BE REFERRED TO COLLECTIONS AND BUYER AGREES TO PAY ALL REASONABLE COLLECTIONS, AGENCY FEES, AND LEGAL COSTS INCURRED.
7. For purposes of identification and billing, you agree to provide us with current, accurate, complete and updated information including your name, address, telephone number and applicable payment data. You agree to notify us promptly of any changes to your membership information.

SERVICE CANCELLATION POLICIES AND PROCEDURES

CANCELLATION OR TERMINATION YOUR MEMBERSHIP

9. Cancellation During Initial Term. You may cancel this Agreement during the Initial Term of membership only upon the following conditions:
• Member changes permanent residence to a location more than 45 miles away from Fiori Spa
• Death of Buyer or Member
• Member has health related reasons prohibiting Member from receiving services and/or visiting the spa
• All cancellation requests must be submitted to us in writing and accompanied by written proof of relocation (e.g., copy of driver's license or utility bill) or submission of a death certificate or doctor's note if applicable.Cancellation During Month to Month Term. During the month-to-month term of your membership, you may cancel your membership for any reason upon 30 days’ advance written notice to us.
10. Termination of your Membership. We reserve the right to terminate your membership, deny renewal, or re-enrollment for any reason and at any time.
11. Upon expiration, cancellation, suspension or termination of your membership, you will be responsible for any outstanding payments due and/or remaining in your initial or month-to-month term. If we terminate this Agreement due to your breach, we may immediately collect using the payment method that you have provided above or by any other lawful method, the total of any Dues that would have been payable during the remaining term of this Agreement as well as any other amount that you may owe.

12. You acknowledge that Fiori is independently owned and operated by an individual or entity licensed to do business as “Fiori.”

13. This Agreement constitutes the entire agreement between you and Fiori Spa LP. Except as expressly provided herein, this Agreement cannot be amended except in writing executed by both parties. If any provision of this agreement conflicts with the law under which this agreement is to be construed or if any provision of this agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.

14. Fiori may delay enforcing any of our rights without losing them. We can enforce this Agreement against your heirs and legal representatives.

15. Fiori cannot be responsible for lost or stolen items.

16. Fiori may assign or transfer this agreement or any of our rights under this agreement without notice to you, except as otherwise required by law. Your rights or obligations under this agreement cannot be assigned, gifted or transferred by you to anyone else.

17 . YOU HERE BY AGREE THAT ANY DISPUTE , CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE ("CLAIM"), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS,INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY. IF THE PRECEDING SENTENCE IS NOT ENFORCED FOR ANY REASON, THEN YOU AGREE THAT IN SUCH CASE ANY CLASS DISPUTE WILL NOT BE RESOLVED THROUGH ARBITRATION.

This binding arbitration provision applies to any and all claims that you have against Fiori Spa LP, our parent, subsidiaries, affiliates, licensees, licensor, predecessors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, as it may be amended.

The party filing a Claim(s) in arbitration must file its Claim(s) before the American Arbitration Association under the rules of such arbitration administrator in effect at the time the Claim(s) was filed. Rules and forms of the may be obtained and Claims made may be filed at American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605, 800-778-7879, www.adr.org. Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitrator administrator within the federal district in which you reside at the time the Claim(s) is filed, or at some other place to which you and we agree in writing. Judgment upon any arbitration award may be entered in any court having jurisdiction.

This Arbitration Agreement shall survive: (i) termination or changes in the agreement, and the relationship between you and us concerning the agreement; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

18 . YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT. YOU MAY CANCEL THIS AGREEMENT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD OPERATING DAY AFTER RECEIVING A COPY OF THIS AGREEMENT. IF YOU CHOOSE TO CANCEL THIS AGREEMENT, YOU MUST EITHER:

a . SEND ASIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED MAIL, RETURN RECEIPT REQUESTED; OR
b. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:

OWNER’S ADDRESS
Fiori Spa LP
1940 Fountain View Drive #117
Houston, TX 77057

IF YOU CANCEL THIS AGREEMENT WITHIN THE THREE DAY PERIOD, YOU ARE ENTITLED TO A FULL REFUND OF YOUR MONEY LESS A FEE EQUAL TO THE VALUE OF ANY SERVICE DISCOUNTS RECEIVED. IF THE THIRD OPERATING DAY FALLS ON A SUNDAY OR A HOLIDAY, NOTICE IS TIMELY GIVEN IF MAILED OR DELIVERED AS SPECIFIED IN THIS NOTICE ON THE NEXT OPERATING DAY. REFUNDS MUST BE MADE WITHIN THIRTY OPERATING DAYS OF RECEIPT OF THE CANCELLATION NOTICE BY FIORI. "OPERATING DAY" MEANS ANY DAY ON WHICH PATRONS MAY INSPECT AND USE THE FACILITIES AND SERVICES OF FIORI DURING A PERIOD OF AT LEAST EIGHT HOURS.

YOU ACKNOWLEDGE RECEIVING AND READING A COMPLETED COPY OF THIS AGREEMENT BEFORE SIGNING IT.

IN WITNESS WHEREOF, the party/parties have executed this agreement as of the date set forth below. All persons signing this contract are equally responsible for paying it in full.