The undersigned buyer (“Buyer”), individually and/or as agent for all Members, hereby purchases a membership from Loyly Nordic Spa Membership, LLC (collectively “Löyly Nordic Spa”) in accordance with all the terms, conditions and obligations set forth herein (“Agreement”). The membership permits Member to use Löyly Nordic Spa facilities during the Agreement term subject to such rules, regulations, terms and conditions of this Agreement as may be in effect from time to time at the Löyly Nordic Spa. If your membership includes multi location access you may use the facilities of any other Löyly Nordic Spa brand location subject to any rules, regulations, terms and conditions as may be in effect from time to time at any particular Löyly Nordic Spa brand location.
Please only the terms contained on the following form will apply to your membership. No prior or subsequent revisions, alterations, additions, or deletions shall have any force or effect. To the extent that they conflict or contradict the written terms of the following form, you may not rely upon any representations by your sales professional, whether oral or in writing.
Member Name: {name}
Tel: {phone}
Work Tel: {phone}
Address: {address}
Birthdate: {dob}
DL#:
Issued State:
Email:
EmergencyContact: {contact_name}
Emergency Contact Tel: {contact_phone}
ANNUAL MEMBERSHIP FEE: You shall pay an Annual Membership Fee of $120, including applicable taxes. This fee will be paid along with your first scheduled monthly dues payment after joining. Each year while you are a member an Annual Fee will become due on the anniversary date of your Annual Fee Start Date. This fee will guarantee your right to use Löyly Nordic Spa facilities without an increase in, but subject to payment of, your dues for the following 12 months.
Member and/or Buyer’s Initials:
Notwithstanding any other provision of this Agreement, you understand and agree that they amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, Löyly Nordic Spa has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.
PAYMENT AUTHORIZATION AGREEMENT FOR AUTOMATIC ELECTRONIC
TRANSFERS: I, {name}, authorize and agree to automatic payments for all amounts, timing and from the accounts indicated in the Section above entitled Dues Payment Plan (or such other account as I may designate in the future using the “Changing Payment Account” procedure described below). I further authorize and agree that Löyly Nordic Spa may charge my account for my last month’s dues upon receipt of my notice of cancellation except with respect to cancellation pursuant to Section 2B. If you provide us with more than one form of payment, you authorize us to charge any amounts you may owe, including but not limited to any membership- related obligations, retail transactions, and/or online purchases to any Löyly Nordic Spa facility to any form of payment which you have provided to us until such time as you revoke your authorization for that form of payment by written notification delivered to the Löyly Nordic Spa in person or postmarked via certified mail, or by notifying your financial institution.
Changing Payment Account: If Buyer changes the account used to make payments to Löyly Nordic Spa, Buyer must provide to Löyly Nordic Spa new account information (a voided check or credit card voucher) at least thirty (30) days prior to the payment due date. New account information can be provided a) in person at Löyly Nordic Spa of enrollment or b) online at loylynordicspa.com/membership.
Service Charge ($15) and Re-billing for a rejected automatic payment: In the event any payment authorized under this payment authorization is rejected by the Buyer’s bank or credit card provider for any reason, including but not limited to insufficient funds or a change in account for which Buyer has not properly placed Löyly Nordic Spa on notice as required in this Agreement, the rejected amount, plus a one-time $15 service charge, will be added to Buyer’s next scheduled payment (together, the rejected payment and service charge are called the “Prior Payment Re-Bill”).
IMPORTANT: Buyer has been informed and understands that Buyer may be entitled to receive an additional, prior, written notice of electronic payments that may vary in amount from the prior payment, pursuant to the Electronic Funds Transfer Act. Alternatively, Buyer has been given the option, and by initialing here and signing below hereby elects this option, that so long as any automatic payment includes only the amounts Buyer has pre-authorized under this Agreement, and does not exceed that period’s regularly scheduled charges plus any Prior Payment Re-Bill permitted above, no further written notice from Löyly Nordic Spa is required.
Buyer’s initials
WAIVER & RELEASE OF LIABILITY -- THIS MEMBERSHIP AGREEMENT CONTAINS A WAIVER & RELEASE OF LIABILITY AND INDEMNITY AGREEMENT TO WHICH YOU WILL BE BOUND. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT.
BUYER AS AGENT FOR MEMBER: If Member is different from Buyer, Buyer hereby acknowledges that Buyer is acting as agent for all Members in agreeing to the terms and provisions of this Agreement, and further agrees that Buyer will provide all Members with a copy of this Agreement. Buyer acknowledges and represents that Buyer is the parent or legal guardian of any member below the age of majority.
Buyer’s Signature, individually
(Date) {sign_date}
Member’s Signature (if Different than Buyer)
By executing this Agreement, You authorize Löyly Nordic Spa and Löyly Nordic Spa’s agents, including its third party payment processing companies (“Löyly Nordic Spa’s Agents”), to store the account or card information provided by You on or in relation to this Agreement and/or Your Löyly Nordic Spa Membership Agreement (“Löyly Nordic Spa Agreement”), as well as any other account or card information provided by You through any means to Löyly Nordic Spa or Löyly Nordic Spa’s Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Löyly Nordic Spa Agreement (hereinafter, “Payment Information”). Löyly Nordic Spa and/or Löyly Nordic Spa’s Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Löyly Nordic Spa Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. Löyly Nordic Spa and/or Löyly Nordic Spa’s Agents may also use the stored Payment Information to process payments owed in relation to all subsequent Agreements entered between You and Löyly Nordic Spa. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes, and charges) and/or a description of how they will be calculated are more specifically set forth in the Payment Schedule and other terms of Your Löyly Nordic Spa Agreement. If Your Löyly Nordic Spa Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Löyly Nordic Spa Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying You of such changes will be sent to the e mail address provided by You on the face of Your Löyly Nordic Spa Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Löyly Nordic Spa Agreement.
LÖYLY NORDIC SPA RELEASE OF LIABILITY WAIVER
WAIVER OF LIABILITY: ASSUMPTION OF RISK AND RISK OF ACCIDENT
Member represents that the member(s) (guest and member may be the same person) is/are covered under their own insurance policies, covering any personal injuries to them personally. The member agrees to deal directly with member’s own carrier, and Loyly Nordic Spa Membership, LLC (collectively “Löyly Nordic Spa”) on any claim.
ANY PERSON USING THE EQUIPMENT OR THE FACILITIES DOES SO AT THEIR OWN RISK.
Member acknowledges and understands the risks associated with the use of sauna, cold plunge, prolonged heat or cold exposure, breathing techniques, use of any and all machinery, equipment, facilities, amenities, and apparatus at Löyly Nordic Spa, and agree to participate at their own risk. Members release Loyly Nordic Spa Membership, LLC, its staff, and affiliates from any liability for injuries, accidents, or damages that may occur during their visit. It is further agreed that all Activities, including but not limited to, the use of sauna, cold plunge, locker rooms, bucket showers, breathing techniques, use of any and all machinery, equipment, facilities, amenities and apparatus shall be at the Member’s sole risk. Notwithstanding any consultation programs/protocols/rituals which may be provided by Löyly Nordic Spa employees, it is hereby understood that the selection of program/protocol/ritual, methods and types of equipment shall be the Member’s entire responsibility.
LÖYLY NORDIC SPA SHALL NOT BE LIABLE TO MEMBER FOR ANY CLAIMS, DEMANDS, INJURIES, DAMAGES, OR CAUSES OF ACTION ARISING DUE TO INJURY TO MEMBER, THEIR PERSON, OR PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE USE BY MEMBER OF THE SERVICES AND FACILITIES OR THE PREMISES WHERE THE SAME IS LOCATED, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE. Member hereby holds, Loyly Nordic Spa Membership, LLC and Löyly Nordic Spa branded locations, its employees and agents harmless from all claims which may be brought against them by Member or on either of their behalf for such injuries or claims aforesaid. Members shall also examine each piece of equipment, heater, cold plunge, bucket shower, etc. prior to use and refrain from use and report the same if there is any indication that the equipment has been subjected to abuse, is damaged, or is in an unsafe or potentially dangerous condition. Members have a duty to exercise care for the protection of himself/herself and other members while using the premises.
I fully understand and acknowledge that: (A) the Activities have inherent risks, dangers, and hazards and such may exist in my use of Löyly Nordic Spa property, facilities, and equipment and my participation in the above-mentioned activities; (B) my participation in such Activities and/or use of such facilities and equipment may result in injury or illness including, but not limited to bodily injury, strains, fracture, partial and/or total paralysis, death, or other ailments that could cause serious disability; (C) these risks and dangers may be caused by the negligence of the owners, employees, officers, or agents of Löyly Nordic Spa, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes; (D) Löyly Nordic Spa is not responsible to evaluate my fitness to participate in the Activities and that I have consulted with a physician regarding my fitness to participate in the Activities; (E) if I choose to participate in the Activities, risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, Löyly Nordic Spa employee’s decision making, misjudgment of an agent, and such other risks, hazards and dangers that are inherent to the Activities and; (F) by my participation in these Activities and/or use of equipment and facilities, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Löyly Nordic Spa or by any other person and that they may arise from foreseeable or unforeseeable causes.
Member, if injured, or Member’s representative if Member is unable to do so, must report any injury to Löyly Nordic Spa management immediately after any incident has occurred. Member must also complete, sign and deliver a written incident report to Löyly Nordic Spa management within twenty four (24) hours of the time of occurrence.
I, on behalf of myself, my personal representatives, and my heirs or as a parent or legal guardian of the undersigned participant hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Löyly Nordic Spa and its owners, agents, officers, and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, or otherwise which arise out of my use of any equipment or my participation in the Activities. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Löyly Nordic Spa.
Member represent that they have read and agree to abide by the rules and regulations of Löyly Nordic Spa. Member agrees to report any violation of the rules and regulations by other users to management. Notwithstanding the fact that every user has agreed to abide by the rules and regulations, Member recognize that Löyly Nordic Spa employees cannot monitor every user for a violation of the rules. Löyly Nordic Spa shall not be liable to Member for any claims, demands, injuries, damages, or causes of action arising due to breach of Löyly Nordic Spa rules by other spa members or users, or any conduct of spa members or users.
Failure of Member to comply with this agreement or any rule or regulation shall be cause for revocation of membership without notice and without any liability for refund.
MEMBER FULLY ASSUMES THE RISK THAT THEY MAY SUFFER PROPERTY DAMAGE, ILLNESS, SEVERE PERSONAL INJURY, OR EVEN DEATH BY USE OF LÖYLY NORDIC SPA FACILITIES.
I HAVE READ THE ABOVE WAIVER & RELEASE OF LIABILITY AND BY SIGNING IT, AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE LÖYLY NORDIC SPA FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. I FULLY RECOGNIZE AND UNDERSTAND THAT IF I (OR ANY MINOR ON WHOSE BEHALF I AM SIGNING THIS RELEASE), AM HURT, DIE, OR MY PROPERTY IS DAMAGED, I AM GIVING UP MY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST LÖYLY NORDIC SPA, LLC LOYLY NORDIC SPA MEMBERSHIPS, LLC, EVEN IF THEY NEGLIGENTLY OR BY SOME OTHER ACT OR OMISSION CAUSE THE INJURY, DAMAGE OR DEATH. I EXPRESSLY ASSUME ALL RISK. I VOLUNTARILY SIGN MY NAME AS EVIDENCE OF MY ACCEPTANCE OF THE ABOVE PROVISIONS.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Activities or else I agree to bear the costs of such injury or damage myself.
Member agrees and hereby authorizes Löyly Nordic Spa to use any picture, image, video footage, statement, etc. captured within the facility for personal files, newsletters, and promotional purposes such as newspaper articles, videos, advertisements, flyers, etc.
Löyly Nordic Spa reserves the right to accept or deny service to any person. I hereby agree to follow all rules, regulations, and instructions of Löyly Nordic Spa while upon its property or during my participation in the Activities. I also certify that I and any minor on whose behalf I am signing, are physically and mentally capable of participating in the Activities.
If applicable, a parent or legal guardian of a participant under 18 years of age, I have read and voluntarily agreed that said minor may participate in the Activities, and I sign this release on their behalf. In addition, I give Löyly Nordic Spa permission to treat said minor in case of illness, injury, emergency, or accident. Should emergency medical services become necessary for the undersigned participant or minor, the expenses are the sole responsibility of the participant.
By signing for myself or a guest under 18 I am stating that I am over 18 years old and legally authorized to do so.
Name: {name}
Signature:
Date: {sign_date}
FEES, RULES AND REGULATIONS
(SUBJECT TO CHANGE WITHOUT NOTICE)
- CLEANLINESS AND CLOTHING: All members and guests may only wear approved and issued footwear in the saunas and cold tub areas. Nudity and solely towel coverage in the saunas and cold tub areas is not allowed. Light workout clothes or swimsuits are required in the saunas. Members wearing clothing deemed inappropriate by management may be asked to leave the facilities. All members MUST shower each time before entering the cold tubs.
- TOWELS: Member understands and agrees that if this Agreement includes towel services and a towel is not returned within seven (7) business days member will be charged a $5.00 towel fee.
- CONDUCT: Harassment, negative attitudes, foul language, threats, fifths, or disruptive or threatening conduct will not be tolerated and will be grounds for suspension or revocation of membership. Other reasonable rules and regulations may be enforced at management’s discretion.
- SOLICITATION: No unauthorized business may be conducted or solicited on the premises. Unauthorized solicitation or business activity will subject user and member to to civil and/or criminal penalties and/or non-refundable cancellation of membership privileges.
- COURTESY: To promote safety and more time efficient Nordic spa usage, remember to wipe excess water on surroundings after usage of cold plunges, always sit on a towel when in the saunas, and do not pour excessive water on sauna heater stones. Generally displaying poor care for the facilities will subject member and users to revocation of membership without refund. During high-traffic hours, be courteous of limited seating in saunas and encourage members to not lay out on benches to allow for maximum seating access.
- HOURS: The hours of operation shall be posted on the premises. Hours and days of operation shall be subject to change at the sole discretion of Löyly Nordic Spa.
- HOLIDAYS OR CLOSED DAYS/MAINTENANCE: The facilities may be temporarily closed for maintenance purposes, holidays, or for other temporary reasons at the sole discretion of Löyly Nordic Spa management.
- MEMBERSHIP SIGN IN: All members upon entering are required to use the Löyly Nordic Spa app or provide proof of membership and picture identification to enter the spa facilities. Unauthorized use of the app or facilities will subject the user and member to civil and/or criminal penalties and/or non-refundable cancellation of membership privileges.
- LOCKERS: Lockers are provided as a courtesy for day use only, and their availability is not guaranteed. Members shall provide their own locks. All personal belongings must be placed in lockers and not left in dressing room booths. LÖYLY NORDIC SPA IS NOT RESPONSIBLE FOR LOST, STOLEN OR DAMAGED ARTICLES. DO NOT BRING VALUABLES TO THE PREMISES.
- DAILY GUEST PASSES: All guests must present a guest pass and a state issued photo identification in order to access the facilities. A guest fee may be required. All guests must be at least 18 years of age, or if under 18, accompanied by a parent or legal guardian.
- OTHER POSTED RULES: Reasonable rules and regulations may be posted from time to time regarding the protection, safety, and health of members and all Membership Agreements shall be subject to strict compliance therewith. Additional rules for the protection of the members and the facilities may be added at any time and the sole discretion of Löyly Nordic Spa.
- VIOLATION: Failure of member to comply with this contract or nay rule or regulation shall be cause for suspension and/or revocation of membership without any notice and without any liability for refund of paid dues or future payment of dues as agreed upon in this contract.
- PAYMENT DEFAULT: Should buyer/member default on any installment or payment due hereunder, buyer/member forfeits use of all facilities until all past due installments, payments, and fees are paid.
- RIGHT OF RECISSION:
- The buyer may cancel this agreement at any time prior to midnight of the third business day after the date of this agreement. Such cancellation must be made in writing, and either hand delivered or sent via certified mail to Löyly Nordic Spa 564 E Park Ave, Orem, UT, 84097. Such cancellation must be postmarked, delivered or sent within 3 business days after the date of this agreement. This contact may not be canceled over the phone.
- Subject to Section 14.a, after midnight of the third operating day after receiving a copy of this Agreement no refunds shall be made for membership dues prepaid, except as follows: (1) If the Member changes his/her permanent residence to a location more than twenty-five (25) miles from the Löyly Nordic Spa or an affiliated Löyly Nordic Spa offering the same or similar services and facilites at no additional expense and is able to provide proof of the new residence location, he/she may cancel this Agreement by delivering or sending a signed and dated written notice of cancellation by first class mail to Löyly Nordic Spa at 564 E Park Ave, Orem, UT, 84097, or by emailing a notice of cancellation from an email address on file with the spa to info@loylynordicspa.com, and Member shall be relieved from the obligation of making payment for services other than those received prior to the move, and if Member has prepaid any sum such sum as is allocable to services Member has not taken shall be promptly refunded.; (2) If the Member dies or is disabled, this Agreement is subject to cancellation by delivering or sending via first class mail written notice of cancellation to Löyly Nordic Spa at 564 E Park Ave, Orem, UT, 84097, or by emailing a notice of cancellation from an email address on file with the spa to info@loylynordicspa.com. If Member has prepaid any sum for services, so much of such sum as is allocable to services Member has not taken shall be promptly refunded to Member or Member’s representative; or (3) If the Member is a member of the United States military, including a member of the national guard or a reserve unit, and is serving on federal active duty and deployed outside this State. The request for cancellation or suspension under this provision must be made by the Member or the Member’s legally designated representative, must include a copy of the Member’s official military orders or a written verification from the Member’s commanding officer and must be made within ninety (90) days after the Member receives notice of serving on federal active duty and deployment outside this State. To cancel this Agreement pursuant to this Section Member must hand deliver or mail a written notice of cancellation to Löyly Nordic Spa of enrollment, or send an email notification of cancellation from an email address on file with Löyly Nordic Spa.
- Löyly Nordic Spa shall begin providing services pursuant to this Agreement within ninety (90) days after the date that this Agreement is entered into. Member may cancel this Agreement and receive a pro rata refund if Löyly Nordic Spa fails to provide the services advertised or offered in writing within ninety (90) days after the execution of this Agreement and shall receive refund of any payments made less the reasonable value of any spa services he/she actually received. If Löyly Nordic Spa fails to meet this timeline, Member may cancel the Agreement at any time after the expiration of the ninety-day period. However, if following the expiration of the timeline, the Löyly Nordic Spa provides the advertised or agreed-upon services, Member may cancel this Agreement up to three (3) business days after those services are provided. To cancel this Agreement pursuant to this Section, Member must hand deliver or send via certified mail, return receipt requested, Löyly Nordic Spa at 564 E Park Ave, Orem, UT, 84097 a written notice of cancellation to Löyly Nordic Spa of enrollment.
- TERMINATION OF CONTRACTS: This contract is terminated only by giving a 30 (thirty) day advance written notice to Löyly Nordic Spa. Monthly dues and any other applicable fees must be current to terminate this contract.
- CANCELLATION PROCESSING FEE: A processing fee of $25 (twenty-five dollars) will be assessed if canceling a month to month agreement within the first 6 (six) months of membership. Vettä Pass members will be assessed a $35 (thirty-five dollar) cancellation fee if canceled or downgraded within 6 (six) months of signing up.
- AMENITIES: Amenities and services vary between spa location and membership type. Löyly Nordic Spa reserves the right to change or charge for specific amenities.
- ELECTRONIC COMMUNICATION: To facilitate notification to buyer/member of new membership benefits, holiday hours, maintenance, wellness tips, etc. buyer/member agress that by providing their email address and/or telephone number(s) that Löyly Nordic Spa and their partners may contact them via e-mail, text message, or phone call. This contact may be in the form of newsletter, offers, or any other method.
- STRIKING CLAUSE: In the event that any portion of this contact is found to be in violation of any laws, it shall be stricken from the contract and shall have no effect on the validity of the remaining contract terms.
- GOVERNING LAW: This Agreement shall be governed by, construed and enforced under the laws of the State of Utah, excluding the body of law related to choice of laws, and to the extent preempted, by the law of the United States.
- INTEGRATION: This Agreement constitutes the entire and exclusive Agreement between the parties and cancels and supersedes prior promises, representations, understandings and/or agreements between the parties. This Agreement may be modified only by an instrument in writing signed by all parties; however, Löyly Nordic Spa or any assignee of this Agreement are authorized to correct patent errors in the Agreement (and other related documents).
- FORCE MAJEURE: Neither party shall be liable for any delay in performance or failure of performance of obligations under this Agreement which is caused by Force Majeure events including but not limited to strikes, lockouts, riots, mobs, fires, floods, pandemics, wars declared or undeclared, civil strife, embargo, currency or other restrictions caused by reason of laws, regulations or orders by any government, governmental agency or instrumentality or by any supervening unforeseeable circumstances whatsoever beyond the control of the party. For force majeure events that make the provision of services under the Agreement temporarily impossible or impractical for a period in excess of three (3) days in the reasonable discretion of the performing party, the obligation to perform and the corresponding payment for performance shall be suspended, and the term of the Agreement shall be extended for a period equal to the length of the suspension. Once services can be resumed in the reasonable discretion of the performing party, the corresponding payment obligation shall resume. In the event that there has been payment for services that have not yet been provided at the time services are suspended, such payment shall operate to prorate the first payments due upon resumption of services
- Member agrees and hereby authorizes Löyly Nordic Spa to use any picture, image, video footage, statement, etc. captured within the facility for personal files, newsletters, and promotional purposes such as newspaper articles, videos, advertisements, flyers, etc.
Buyer and/or Member have read the foregoing Waiver of Liability and Fees, Rules and Regulations and agree to it.
Buyer Signature:
Member Signature:
Date: {sign_date}