The Waterfall VIP Program term is month to month from effective date.  As a VIP Member, you are provided a mini spa day once per month which provides you with **Personal Spa Attendant  **Use of custom Spa Robes and Slippers **Aromatherapy Foot Soaks   **Heated Neck Wraps  **Heated Parrafin Hand Treatment **One Mini Massage **One Eyebrow waxing  **Aromatherapy quiet room  **Refreshments  **A mini version of the latest spa treatments.  You can also utilize all other Waterfall services (except the one mini massage and eyebrow wax) at any time during the month that we are open.  

 You may cancel this program with a 30 day notice and with the termination provisions stated below.  The Waterfall provides mini spa services and provides, in general, the following services:  **The Waterfall retains the right to vary the services offered at its sole discretion.

MONTHLY FEE:

The monthly fee for The Waterfall VIP Program is $39.95 with an Electronic Funds Transfer (EFT) authorization agreement.  Withdrawals are made on the 15th of each month. 

PROMOTIONS:

The Waterfall will offer promotions to new prospects as well as to current members. 

EFT AUTHORIZATION:

You agree to authorize your bank to make your monthly payments by one of the following methods:  Checking or Credit Card. 

You understand that you are in full control of your payment and if at any time I decide to change my method of payment, I will notify The Waterfall in writing (for your protection) of the intended change to an acceptable method stated above.  The notice shall be sent to The Waterfall, 9833 Horn Road, Suite B, Sacramento, CA  95827.

Member Rules.  Member agrees to keep and comply with all rules and regulations now in force or in the future prescribed by the Company.  The Company reserves the right to revoke this membership agreement with cause if member fails to keep and comply with such rules and regulations, or for reason of nuisance, disturbance, moral turpitude, or fraud.  Member agrees that she/he will comply with the following rules:

ASSUMPTION OF RISK; WAIVER OF CLAIMS AND RELEASE OF LIABILITY.  You, the member, agree that if you engage in any activity or use any facility, services or equipment on the company's premises (either a temporary or permanent location), you do so at your own risk and you expressly assume any and all risks of injury, illness, death, or property damage associated with any and all activities in which you participate while on the Company's premises, while using the Company's facilities or equipment, or which occur at any Company-sponsored activity (including any transportation provided by or through the Company).  You agree that you are voluntarily using the Company's facilities and equipment and voluntarily participating in the Company's activities.  You understand and expressly agree that the Company is not responsible for any death, injury, loss or damage that results there from for any reason, including negligence on the part of the Company, it's owners, successors, assigns, officers, agents, representatives, instructors or employees.  Further, you understand and agree that the Company is not responsible for any loss, claim or damages with respect to any lost, stolen or damaged automobile or its contents or any personal property, money or other valuables brought to the Company or left on the Company's premises.

You hereby acknowledge, understand and agree that the Company is not liable for the service's provided by Independent Contractor's hired by the Company to provide services.  You voluntarily waive all types of claims on behalf of yourself, your family, your estate, heirs, executors, administrators, successors and assigns, and assume all risk and financial responsibility for any claims, demands, injuries, losses, damages, actions or causes of action.  You agree that if any portion of this waiver and release is held to be invalid by a court or other trier of fact, the remainder shall continue in full legal force and effect.  You agree for yourself and your successors, that this waiver and release of liability and the above representations are contractually binding and that should you or your successors assert a claim in contravention of this agreement, the asserting party shall be liable for the legal fees, costs and expenses incurred by the other party or parties in defending the action.

You affirm that you are of legal age and are freely signing this agreement.  You acknowledge that you have carefully read this agreement and fully understand that by signing it, you are giving up legal rights and/or remedies that might otherwise be available to you.  You agree that your electronic initial will constitute a signed legal document.

BUYER'S RIGHT TO CANCEL:

You, the member, may cancel this agreement at any time prior to midnight of the 3rd business day after the date of this agreement, excluding Sundays and Holidays.  To cancel this agreement, mail or deliver a signed and dated notice to The Waterfall, P.O. Box 935, Elk Grove, CA  95759 (post office stamp must be within the cancellation time period).

If you cancel within this time period, you will receive a full refund within 10 days of receipt of your approved cancellation notice.  Cancellations outside of the rescission period must be in writing with a thirty day notice.  Membership dues are not prorated.

You agree that you have read and understand this entire Membership Agreement, and I, for myself and any guests that I bring to The Waterfall , agree to all terms and conditions of the Membership Agreement.

I.             GENERAL PROVISIONS

                A.            Company.  The term "Company" in this Agreement refers to The Waterfall and all of its locations.

B.             Services.  The Company provides a mini Spa Day which includes services by Independent Contractors for fee and pro bono in exchange for membership dues.  The Company reserves the right to change the services it provides at any time at its discretion.  The Company may also provide optional services for additional fees at its discretion and reserves the right to make reasonable changes to its services and change the amount for its additional services at any time.

C.            Hours of Operation.  The Company will operate at various times as listed on the webiste.  The Waterfall, at its discretion, provides a minimum of one and up to eight mini-spa days per month.

II.           VIP Program

A.            The VIP Program is a mere license that give the member a right to use and enjoy the Company's services subject to the Company's rules and regulations.  Membership is not transferable.  All applications for membership are subject to approval by an authorized representative of the Company.  The Company reserves the right to refuse membership with or without cause.  Applicants must be 18 years of age or older. 

B.             Dues and Fees.  The Company reserves the right to adjust the membership dues with 30 days notice.  Unpaid dues must be paid prior to any registration for future attendance at any location.

C.            Late Fees.  Dues shall be delinquent after the 16th of each month.  If full payment is not received by that time, any balance unpaid on the tenth of the month will be subject to a finance charge computed at the periodic rate of 1.5% per month, which is an annual percentage rate (APR) of 18% percent.  The finance charge will be added to the unpaid balance after deducting payments and before adding current charges.  Member gives the authorization to The Waterfall to deduct monthly membership fee along with any late fee due at next withdrawal.

D.            Temporary Disruption of Service.  The Company may be temporarily closed from time to time for repairs, refurbishing, holidays or due to damage by fire, flood earthquake, storm, catastrophe or act of God.  Such closures do not entitle the member to an extension of the term of this agreement or a reduction in membership fees or dues.