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These SpaPlus Partnership Terms (the “Terms”) are an agreement between SpaPlus Canada Inc. (“SpaPlus”) and the spa or wellness establishment identified in the online registration form (the “Spa”). The Terms take effect when an authorized representative of the Spa accepts them electronically.
The signer confirms that they have authority to register and legally bind the Spa.
SpaPlus operates an online spa discovery and booking platform. SpaPlus may create and publish a premium profile for the Spa, display its treatments and packages, promote the Spa through digital and other marketing channels, and refer booking requests to the Spa.
There are no sign-up fees or monthly fees. SpaPlus does not guarantee any minimum number of views, leads, bookings or revenue. Placement, promotional activity and platform features may change at SpaPlus’s reasonable discretion.
The Spa will provide accurate, complete and current information, including its legal contact details, location, services, prices, availability, policies, amenities, photographs, logos and descriptions.
The Spa authorizes SpaPlus, on a non-exclusive, royalty-free basis, to use, reproduce, adapt, translate, format and display the materials it provides solely to operate, market and promote the Spa and the SpaPlus platform during the partnership. The Spa confirms that it owns or has permission to use and authorize the use of those materials.
The Spa may request updates or changes to its profile details at any time. The Spa must promptly notify SpaPlus of any change affecting its SpaPlus profile, including changes to its services, treatments, packages, prices, address, contact information, hours, availability, policies or amenities.
Prices displayed on SpaPlus must not be higher than the current prices displayed on the Spa’s own website. The Spa is responsible for notifying SpaPlus before or immediately after changing any publicly displayed price so that its SpaPlus profile can be updated without delay.
SpaPlus may format and translate content for clarity and brand consistency, but any material change to the Spa’s offers requires the Spa’s approval.
The Spa is responsible for maintaining accurate prices, availability and booking information; reviewing and responding to booking requests within the timeframe displayed on the platform; honouring confirmed bookings; providing the booked services safely and professionally; and communicating promptly about any issue affecting a reservation.
The Spa remains solely responsible for the services it provides, its employees and contractors, customer experience, professional standards, permits, licences, insurance, health and safety requirements, and compliance with applicable laws.
Unless otherwise agreed in writing, customers pay the Spa directly. The Spa is responsible for collecting the booking amount and all applicable customer taxes.
For each booking generated through SpaPlus that is confirmed, provided and paid, the Spa will pay SpaPlus a commission equal to 20% of the booking price before customer sales taxes and excluding gratuities. Applicable GST/HST and provincial sales taxes, including QST where applicable, will be added to SpaPlus’s commission invoice.
Commission is not payable on amounts fully refunded to the customer. If a partial refund is issued, commission will be recalculated on the amount retained by the Spa.
SpaPlus will provide a monthly statement showing the bookings and commissions due for the applicable period. The Spa must review the statement promptly and notify SpaPlus in writing of any good-faith discrepancy within seven (7) days after receipt.
The Spa must pay the undisputed invoiced amount within fourteen (14) days after receiving the invoice. The parties will work in good faith to resolve any timely reported discrepancy.
Unless the Spa has provided a different cancellation policy to SpaPlus, the standard SpaPlus policy applies: SpaPlus will charge the customer 50% of the booked service or package price when the customer does not attend the appointment or cancels less than forty-eight (48) hours before the scheduled booking time.
The Spa must promptly notify SpaPlus of every customer no-show and of any cancellation, refund, chargeback or dispute affecting a SpaPlus booking so that the applicable charge and booking record can be processed accurately.
If the Spa has a different cancellation or no-show policy, it may provide that policy to SpaPlus in writing at any time. SpaPlus will display and apply the Spa’s policy to applicable bookings once the profile and booking information have been updated. The policy displayed to the customer at the time of booking governs that reservation.
The Spa may not encourage a customer referred by SpaPlus to cancel or move the booking outside the platform in order to avoid commission.
Each party will use personal information received through the partnership only for legitimate booking, customer-service, accounting, fraud-prevention and legal-compliance purposes, and will protect it using reasonable safeguards.
Each party is independently responsible for complying with the privacy laws that apply to its activities. The Spa may not use customer information supplied by SpaPlus for unrelated marketing unless it has obtained any consent required by law.
These Terms continue until terminated. Either party may end the partnership at any time by written notice, without a long-term commitment or termination fee.
Termination does not cancel reservations already confirmed unless SpaPlus and the Spa agree otherwise. The Spa must honour existing confirmed bookings, and all commissions and other amounts relating to bookings made before termination remain payable. SpaPlus may suspend or remove a profile immediately where reasonably necessary to protect customers, the platform or SpaPlus’s reputation, or where the Spa materially breaches these Terms.
Each party is responsible for its own acts and omissions. To the extent permitted by applicable law, the Spa will defend and indemnify SpaPlus against third-party claims, losses and reasonable costs arising from the Spa’s services, personnel, premises, content, breach of these Terms or violation of law, except to the extent caused by SpaPlus’s negligence or wilful misconduct.
To the extent permitted by applicable law, SpaPlus is not liable for indirect, incidental, special or consequential damages, or for lost profits or business opportunities. Nothing in these Terms excludes liability that cannot lawfully be excluded.
SpaPlus and the Spa are independent contractors. These Terms do not create an employment, agency, franchise, partnership or joint-venture relationship. Neither party may bind the other except as expressly stated in these Terms.
Notices. Operational notices may be sent to the email addresses provided by the parties. Each party must keep its contact information current.
Changes. SpaPlus may update these Terms by giving reasonable advance notice. Material changes will apply prospectively. Continued participation after the effective date constitutes acceptance, subject to applicable law.
Entire agreement. These Terms, the accepted registration form and any written commercial addendum constitute the entire agreement regarding the Spa’s participation on SpaPlus.
Severability and waiver. If any provision is unenforceable, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver.
Governing law. These Terms are governed by the laws of the province or territory in which the Spa’s participating establishment is located and the federal laws of Canada applicable there. The courts of that province or territory have jurisdiction, unless applicable law requires otherwise.
Electronic acceptance. Electronic acceptance, signature and records have the same effect as originals to the extent permitted by applicable law. The parties may receive and retain electronic copies.
Language. The French version is made available before acceptance. Where permitted by applicable law, a Spa that chooses to contract in English after receiving the French version expressly agrees to be bound by the English version. If applicable law gives a party the right to rely on the version most favourable to it, that right is preserved.
