THIS AGREEMENT is made and entered into on the date of the party deposit (the “Effective Date”) by and between Spa Party MOBILE SPA INC. (“Spa Party”), a corporation organized under the federal laws of Canada, and the person paying the deposit, (“Party Organizer”).

WHEREAS:

A. Spa Party Mobile Spa Inc. will provide party services, products and/or rentals for the Party Organizer in exchange for financial remuneration.

B. The Party Organizer agrees to be bound by the terms and conditions contained herein.

By the Party Organizer paying a deposit, the parties agree as follows:

1. Booking Agenda

A . Spa Party will make a booking on the basis of spa services/number of guest estimates provided by the Party Organizer. If actual services the Party Organizer ultimately RSVP’s for exceeds the estimate provided by the Party Organizer, Spa Party may not be able to accommodate all services (or the party agenda may need to be downgraded) or the party time may need to be started earlier/later than planned to accommodate the surplus of service requests. If services are less than estimated this will affect the overall service value, meaning the party may not qualify for as many technicians as originally quoted. This could have an adverse effect on the overall timing of the event. Services and timing can only be 100% guaranteed once all services are confirmed.

B. Upon making a reservation with Spa Party the Party Organizer will receive a copy of their booking agenda, which will itemize the products and services to be purchased by the Party Organizer from Spa Party, including the date, location of delivery and cost. The Party Organizer will be responsible for reviewing the booking agenda to ensure all details are correct and all requested products, services, date and location information is included and accurate. The Party Organizer must be in touch with Spa Party immediately if any corrections are needed. The booking agenda will be deemed to be accepted by the Party Organizer 24 hours after being emailed by Spa Party, and any changes after that time will be subject to the provisions of Section 2, below. The booking agenda is incorporated by reference into this Agreement and forms a material part of this Agreement.

C. The Party Organizer is required to check the party address on googlemaps.com to ensure the address listed in the booking agenda shows accurately on google maps. (TIP: If a full address cannot be located on Google Maps, often just a postal code will be more accurate in Google Maps). If the party will be held outside of the city on a range road address or if the address and/or postal code does not show on google maps, the Party Organizer must provide Spa Party in advance written directions to the party location and if possible, a visual map. If the Party Organizer fails to do this check and provide proper directions and Google Maps proves to be incorrect on the day of, the time the technician(s) requires to find the proper address while the technician(s) is in transit will be subtracted from the party service time (services minimized) in order for Spa Party staff to stay on time for the day. Full service charges will still apply for any shortened services.

2. Party Changes – Additions/Deletions/Cancellations

A. The Party Organizer must notify Spa Party of any changes or needed corrections to their party agenda as soon as possible, in writing by emailing their local Spa Party at vancouver@feelfabulous.ca , edmonton@feelfabulous.ca, calgary@feelfabulous.ca or montreal@feelfabulous.ca. Spa Party will confirm receipt of the Party Organizer’s email by sending an updated booking agenda with the requested changes (subject to the ability of Spa Party to accommodate) within 24 hours of the change request. If the Party Organizer does not receive an updated booking agenda with their requested changes within 24 hours of having submitted a change request, they must be in contact with Spa Party via phone to confirm requested changes.

B. Spa Party will make all reasonable efforts to accommodate changes to the party agenda requested at least 48 hours prior to the spa party start time. A refund will not be given for any reduction in products or services requested within 48 hours prior to the actual party start time (not spa party start time).

C. Once a deposit is paid, it becomes non-refundable. Parties may be cancelled up to 21 days prior to a party date. If 21 or more days notice has been given, deposits will be issued in the form of a credit to be used at a later date. Cancellations within 21 days will result in forfeiture of the deposit.

D. Spa Party highly recommends that the Party Organizer issues a save the date invite (with a more formal invite in the weeks to follow) if the event is reserved a month or more in advance. This ensures the Party Organizer can ensure that all guests are available on the reserved date.

E. For non-participants, no-shows or if day-of service deletions does occur, Spa Party will endeavour to provide added services of equal value (ie. extra nail art on the girls). For non-service add-ons like rentals and products, if the Party Organizer or the girls decide not to make use of requested add-ons (ie. not using all bath robes ordered), full service charges still apply. To be noted, services cannot be given in lieu of product and rental add-ons not used.

F. If guests need to leave early, the Party Organizer must notify Spa Party in advance of the party/at the beginning of the party so that Spa Party staff can make reasonable effort to ensure to complete their services first, however full service charges will apply for guests who leave prior to the scheduled end of the party if previous arrangements with Spa Party were not made.

G. As Spa Party may attempt to make contact with the Party Organizer prior to the party date, if the Party Organizer plans to be out of town/the country (therefore unreachable via phone or email) for an extended period of time the Party Organizer is to advise Spa Party in advance of such dates.

3. Gratuities

A. Gratuities (in the range of 10-20% of the service value) are customary for beauty professionals that provide spa services. Spa Party does not process gratuities on behalf of staff, so the Party Organizer is requested to disperse equal cash gratuities directly to each technician (not a bulk payment to the lead technician). Gratuities cannot be included in cheque party payments. No refunds of gratuities can be issued after they have been provided to the technicians.

B. For parties over $500 in service value Spa Party reserves the right to add an automatic gratuity of 15% to the party total.

4. Party Environment & Parent Supervision

A. The Party Organizer must provide a comfortable working environment for the staff of Spa Party. This includes ensuring staff work in clean, temperate, comfortable and sanitary conditions. As proper lighting is essential, ample and extra lighting must be available if required.

B. If necessary, the staff of Spa Party may ask that the Party Organizer also be available to assist with the smooth transition and supervision of the girls. Although a parent’s direct supervision is not mandatory, a parent must remain on site for the entire duration of the time Spa Party staff is in attendance.

5. Smoking & Animal Policy

A. Spa Party staff cannot attend to parties where cigarettes are occasionally or regularly smoked inside the home, weeks before or during the party. It is an Employment Standard requirement that Spa Party does not subject employees to second-hand cigarette smoke. Spa supplies and decor must also remain fresh for the next client. In the event of a contravention of this Section, Spa Party reserves the right to refuse service and the Party Organizer will be liable for the full cost of all products and services ordered on the spa party agenda.

B. The Party Organizer must notify Spa Party in advance if they have any pets as some staff may have allergies. Animals must also be restrained so that they do not enter the spa area while spa services are being performed. In the event of contravention of this Section, Spa Party reserves the right to refuse service, and the Party Organizer will be liable for the full cost of all products and services ordered on the spa party agenda.

6. Unforeseen Circumstances

A. Spa Party cannot be held responsible for unforeseen circumstances such as traffic, extreme weather, emergencies, staff illness, etc. In making a booking a party with Spa Party the Party Organizer is aware that unforeseen circumstances can occur, which may result in Spa Party not being able to perform all of, or some of the services scheduled. If there is a snow weather advisory, in accordance with Employment Standards and to prevent any legal liability to Spa Party directly as an employer, Spa Party staff reserve the right to make the personal decision as to whether they feel it is safe to drive to a scheduled party location or not. In the event that a party is cancelled by Spa Party due to circumstances beyond the reasonable control of Spa Party, Spa Party will either reschedule the party to a mutually convenient alternate date, or, cancel the party with a full refund of any deposit paid by the Party Organizer.

7. Backup Technicians

A. Spa Party will endeavour to schedule a backup technician for every day events are occurring in their calendar. A backup technician is a staff member who is scheduled to be on-call as a replacement in the event a scheduled staff member is not able to attend to a scheduled work shift. If a backup technician is not available during a time when a client intends to book, Spa Party will also endeavour to let the potential Party Organizer know upon booking. In the event that Spa Party misses mentioning this, at the bottom of the client booking agenda that will be sent to the Party Organizer it will list “staff names” and also list the name of the “backup technician”. If “n/a” is written next to “backup technician” it means a backup technician is not available for a booking.

B. Important to note is that while a backup technician could be available upon booking, if unforeseen circumstances (such as staff illness or emergencies) happen to more than one technician in the same day, the on-call backup technician can only fill in for one technician. Under such circumstance the backup technician will go to the client that paid their deposit the earliest.

8. Late Guest Arrivals

A. The staff of Spa Party give an overview and introduction to the group of girls at the beginning of the party. Spa Party asks that the Party Organizer ensures all guests arrive at least 15 minutes prior to the firm spa party portion start time. For late attendee arrivals, the Party Organizer or another adult must fill the late attendees in on the details and instructions Spa Party staff provided at the beginning of the party, so that party activities can continue to stay on time (versus Spa Party staff having to give additional overviews and introductions to late guests).

9. Scheduling & Stand-By Rate

A. While Spa Party staff are in attendance time has not been allotted in the quoted spa time for interruptions such as opening presents, eating cake, etc. The Party Organizer must request the permission of staff prior to stopping spa activities, to ensure staff stay on schedule for the day. Spa Party staff will likely request that they keep busy with performing services on however many girls as there are staff, while the rest of the girls can be occupied as per the Party Organizer’s desires.

B. If staff are set-up and ready to begin, they must also begin immediately at the spa party start-time, even if all guests have not arrived. Staff may not be able to accommodate certain treatments for late arrivals if they begin with group activities (such as facials), however, full service charges still apply.

C. If more guests are in attendance than what was reserved Spa Party cannot guarantee staff will have time to perform services on unreserved guests.

D. If parents opt to have Spa Party staff wait to perform services so that other party activities can occur (such as opening presents, playing group games, eating cake, etc) or if Spa Party staff are asked to wait at the agreed upon spa party portion start time, a standby rate billed at a rate of $.50 cents per minute, per technician will apply (pending staff availability to extend the party time to accommodate stand-by time).

10. Timing

A. Spa Party staff try their absolute best to be timely with spa services but occasionally circumstances may result in spa services taking longer or shorter than estimated. The Party Organizer must have an additional 30 minutes of extra time (beyond the spa party portion quoted time) available in the event that services take longer than expected to perform or if unforeseen circumstances occur. Also to note, a Spa Party customer service representative will provide the Party Organizer with an estimate of the duration of the spa services but they cannot be held responsible for spa activities taking shorter or longer than estimated, which could be a result of many external factors. If the Party Organizer fails to schedule extra time at the end of their party and Spa Party staff are unable to complete all services, full service charges will still apply. Spa Party encourages ample time at the end of the party to ensure all activities can be completed.

11. Arrival & Departure Times

A. Staff will attempt to arrive 30 minutes prior to the designated spa party start time to set up and be ready to perform services at the designated spa party start time. From time to time, unforeseen circumstances may occur, so while Spa Party will use its best efforts to maintain the schedule set out in the party agenda, Spa Party cannot guarantee staff will arrive 30 minutes prior to the party start time, or that the party will commence and end at the scheduled times. Under rare circumstances we may need to overstaff so a booking is completed in a shorter time frame. This may mean staff may need to arrive late or leave early. Staff will do their best to contact the Party Organizer to let them know of their anticipated arrival time, if they do not foresee being able to setup and begin services at the designated spa party start time.

12. Additional Technicians

A. For scheduling reasons, Spa Party reserves the right to bring additional technicians (without advance notice) to the Party Organizer’s event, above and beyond the number of technicians Spa Party normally attempts to send based upon party service value in order to complete services within a shorter amount of time. Spa Party will not charge extra for any additional technicians if Spa Party chooses to bring an additional technician(s). Please note, Spa Party is also able to bring an additional technician (pending availability) by request of the client but an additional charge will apply in this case, as Spa Party has a minimum charge of $150 worth of services (not product or rentals) per technician.

13. Minimum Service Value

A. For kid, teen and mother/daughter spa events, the minimum charge for each Spa Party staff member to attend a party is $150 worth of services (per technician), not including products or rentals. For example, if the Party Organizer wishes to have two technicians the party agenda must consist of $300 in services, three technicians requires $450 in services and so forth. If less service value is utilized, the minimum service charges will still apply.

14. Parent Consent Forms

A. In order to ensure spa services are safely enjoyed by all and that the Party Organizer has emergency contact information for each child, Spa Party requires that all parents provide consent/allergy information/emergency contact information for their children to receive spa and beauty services at the scheduled party. Each parent is to fill out the parent consent form IN FULL. Spa Party reserves the right to refuse services to any children without a completed in full, signed parental consent form. Full service charges will still apply. Spa Party cannot be held liable for any circumstances resulting from a lack of information provided in the parent consent forms or for forms not being provided at all. By accepting this Agreement, the Party Organizer accepts responsibility to ensure that all information contained in the parental consent forms is accurate and that the consent forms bear the signature of the parent or legal guardian of each child attending the party.

B. In the event that the Party Organizer forgets to obtain Parent Consent Forms or chooses not to, the Party Organizer must sign a “Parent Consent Liability Acknowledgement Form” which is a document that states that the Party Organizer takes full responsibility for not obtaining emergency contact information/allergy information/parental consent.

15. Service Provider Exclusivity

A. Spa Party is highly invested in their service delivery, spa setup and experience they provide – all of which are considered trade secrets. For that reason, having other spa, beauty or personal service providers at the party compromises the trade secrets of Spa Party. Spa Party also does not want guest parents potentially confused between the services Spa Party provided at the party and the services another party provider or individual may have provided. Therefore, no other spa, beauty, personal service providers or individuals are able to perform services at parties Spa Party is scheduled to attend. This also includes the birthday girl’s family or family friends performing spa and beauty services on the girls.

B. Some exceptions may apply as some service providers may not be seen as competing or providing similar services, so the Party Organizer should be in touch with Spa Party if they intend to offer additional services at their event. The Party Organizer must notify Spa Party if any attendees are the owner of or is employed with a spa, beauty-related or party/event planning business before Spa Party is scheduled to attend their event.

C. Spa Party staff are forbade from giving their personal contact information to clients or performing services for clients that are not directly booked via the Spa Party customer service lines. Clients may request staff for future bookings however.

16. Parking, Unloading/Loading Supplies, Stairs, Safety & Protection of Client’s Home

A. The Party Organizer is to ensure that Spa Party staff have parking (if applicable) near the closest entrance to the event location, so that Spa Party staff can easily carry supplies to the party location from their vehicles and back. In the event of the party location not having a driveway for Spa Party staff to park on, the Party Organizer is to ensure that a safe and close parking spot exists, which may require the Party Organizer to park temporarily in a spot to save it until the Spa Party staff member driving supplies arrives (the vehicles can be switched at that time).

B. Given the possibility of staff having their vehicles stuck in snow when parking at client bookings or staff potentially slipping on icy driveways, it is imperative that the Party Organizer ensures a safe walkway and driveway (salting it before staff arrival when necessary) and a safe parking spot for Spa Party staff.

C. In the event that a Spa Party staff member slips and falls on an icy/slippery drive or walkway of the Party Organizer’s property the Party Organizer acknowledges that they will be deemed responsible and Spa Party reserves the right to seek damages (for any broken supplies and equipment), in addition to the employee themselves.

D. If the Party Organizer does not have complimentary parking, all parking charges will be added to the spa party bill.

E. If parking is not readily available or the carrying of supplies up more than one flight of stairs is required, the Party Organizer must advise Spa Party upon booking as certain staff may have health restrictions that may prevent them from being able to carry heavy supplies under such circumstances. Under such circumstances, Spa Party staff may also require assistance from the Party Organizer with carrying supplies up flights of stairs and/or there might be small stair surcharge.

F. Spa Party staff are not permitted to move furniture in a client’s home. They will only move furniture in a client’s home if instructed by the client. Spa Party accepts no responsibility in the event of any damage caused by Spa Party staff moving furniture so it is best that client’s move their own furniture.

G. The Party Organizer is responsible for protecting their flooring and couches as Spa Party does not provide protective covering. Spa Party is not responsible for spilled items or damage at the address for delivery caused by party attendees (ie. smudged nails). It is recommended that the Party Organizer add a spa decor package (consisting of pillows, blankets and a rug) to help minimize (but not eliminate) potential damage to home property.

H. Rental or take-home boas will shed pending the treatment of the boas by the girls. Should the organizer wish to add boas to the agenda knowing this, the Party Organizer is responsible for vacuuming and cleaning up boa feathers.

17. Liability

A. Spa Party carries third-party liability insurance for their products, services and any damages within the location of delivery, occasioned by the actions of Spa Party staff only. The Party Organizer assumes all responsibility for any loss or damage attributable to any other cause, including any acts or omissions by the Party Organizer, any party guest or any invitee of the Party Organizer. The Party Organizer agrees to indemnify and hold harmless Spa Party from and against any cost, expense, demand, liability or claim attributable to any cause other than an act or omission of or by Spa Party staff. The total liability of Spa Party to the Party Organizer for any cause, including any breach of this Agreement by Spa Party, will be limited to the amount paid by the Party Organizer to Spa Party under this Agreement.. Any injury or property claims must be made known to technicians at the time of the party and an incident report must be signed by the Party Organizer and all staff in attendance. Pictures of the incident report should be taken by the Party Organizer before Spa Party leaves the location where the incident happened. The employee is obliged to take ample photos of the incident. The Party Organizer’s assistance and cooperation is required.

18. Travel Fees

A. Pack & Drive Rate: A flat $10.00 travel fee each way ($20 in total) will apply up to the first < 34km’s Spa Party staff have to travel return (calculated from Spa Party’s base location to each client’s home and back). For distances > than 25km’s total, the travel fees are $0.59/km (the vehicle reimbursement rate as established by the Canadian Revenue Agency), and will be charged both ways. In all cities, for the month of July to September, an increase of .10 cents/km may apply to all travel fees due to high gas prices. In Alberta and Quebec, for the months of November to March an increase of .10 cents/km may apply due to the additional time required to travel due to winter weather conditions. If the party is located more than 30 minutes from Spa Party’s base location (according to google maps), an additional charge may apply if the party requires 2 or more staff.

19. Completeness of Services

A. At the beginning of the party the Party Organizer is to ensure the lead technician confirms their booking agenda, including the number of guests, party package, crafts, add-ons and any additional party activities. If something appears to be added accidentally or missing from the party itinerary initially or as the party occurs, the Party Organizer must notify Spa Party staff at that time.

20. Spa Menu

A. The Party Organizer is to inquire with Spa Party during the party planning stage to ensure they are completely aware of what each treatment in their party package entails. Most descriptions can also be found on the Spa Party website, www.feelfabulous.ca. Many add-ons are available to enhance the packages.

21. Party Package & Add-on Restrictions

A. If the Pink Carpet Runway add-on is selected, a minimum charge of $60 will apply if there are less than 6 girls.

B. For any package that includes facials a $5 surcharge for every girl less than 6 girls applies (ie. A 3 girl party would have a $15 surcharge). This is to cover the product/technician cost as the facial service takes roughly the same amount of time for 3 girls as it would for 7 girls.

C. Services added to the party agenda on the day of the party will be billed at full price. No discounts or group rates previously offered (or available on feelfabulous.ca) will apply.

D. Mandatory teen hair, makeup and facial upgrades apply as per rates listed on the Spa Party website if the majority of the girls are 13+ or if the birthday girl is turning 13. Upgrades only apply to like-services on the client’s party agenda (ie. a facial upgrade charge would only apply if a facial is part of a package on the party agenda).

E. If the goody bag buffet is desired Spa Party requires at least $50 worth of goody bags to be added to the party agenda in order to cover the costs of set up, clean up and for administering the goody bag buffet activity.

22. Damaged or Missing Products/Decor

A. In the event that Spa Party products or decor go missing or are damaged through no fault of Spa Party but by guests of the party, the Party Organizer will be required to cover the replacement cost for the item(s). Spa Party staff do a thorough check and count of all supplies and equipment before and after each party, using standard checklists.

23. Staff Sickness

A. In the event that a scheduled Spa Party staff member has symptoms indicative of any sickness or cold, Spa Party will endeavour to replace this staff member with a backup technician (if one is listed) on the Party Agenda. The Party Organizer should take note whether a backup is or is not listed on the Party Agenda prior to the party date. If a backup technician has not been listed, a backup is not available. If a replacement is not available Spa Party will try to contact the Party Organizer to let the Party Organizer make the decision as to whether they would like this sick staff member to attend their party (if the staff member is able and willing) or if they would prefer to reduce services/reschedule their event. If a sick staff member attends to a client’s home unknowingly to Spa Party, the client is responsible for asking the staff member to not attend to their party, if that is their preference. The Party Organizer should also contact Spa Party at the same time so readjustment of the service agenda/party total is possible.

24. Satisfaction Sign-Off

A. Spa Party strives to provide the best experience possible. The Party Organizer agrees that they will express any concerns to Spa Party staff during at the time of the party, as issues may arise. The Party Organizer must do a final check of the technicians’ work prior to the technicians leaving the party, so that the technicians may attend to any concerns while at the party. If the Party Organizer is unhappy for any reason after communicating their concerns to the technicians (and if the technicians were not able to rectify the situation), please let Spa Party know. Concerns may be sent in writing to your local Spa Party (ie. vancouver@feelfabulous.ca, edmonton@feelfabulous.ca or calgary@feelfabulous.ca) and catherine@feelfabulous.ca (best to cc both). Please note – refunds are granted on rare circumstances only (a non-transferable credit may be issued when appropriate, if concerns were not able to be rectified while staff were in attendance).

B. Pending there is time available at the end of the event, Spa Party staff will do their best to touch up smudged nails once per person to the best of their abilities. If correction beyond once is required, an additional fee will apply which ranges from 25-100% of the service price pending the time required to redo the service.

25. Payment Methods

A. The preferred method of payment is by etransfer. Should the Party Organizer wish, Spa Party can issue an invoice that can be paid online using any major credit card however a 3.5% surcharge will be added to the total as Spa Party currently does not regularly accept credit cards. Spa Party also prefers not to accept cash payments if at all possible. Should the Party Organizer wish to pay via cash, they must notify and receive permission from Spa Party prior to the booking as technicians are not normally authorized to accept cash payments.

B. Businesses may pay via cheque. Cheques must be payable only to “Spa Party Mobile Spa Inc.” For security reasons, the payee field must be filled in with this name. The payee name should never be left blank. Spa Party bears no responsibility for a lost cheque with a blank payee field.

C. To ensure Spa Party staff stay on time for the day and make it to their potential next party on time, the Party Organizer is to ensure the party payment is ready (ie. the cash payment pre-counted / etransfer previously sent / cheque filled in) and provided to Spa Party staff when staff arrive at the party location before the party begins.

D. E-transfers must be sent 24 hours in advance of a party start time so Spa Party admin staff have an opportunity to verify the etransfer payment in the company bank account.

26. Cheques/NSF Fee

A. Spa Party may take up to two weeks to deposit a cheque. If the Party Organizer’s cheque is returned NSF, they will be required to pay a $30 NSF Fee plus the original amount. New payment must be received within 3 business days of notification from Spa Party. Payments that are received after this 3 business day grace period will be subject to a 30% annual interest rate, compounded monthly, in addition to the $30 NSF Fee.

B. In the event that another individual makes a payment towards to the party cost, in part or in whole, the Party Organizer is still responsible for repayment of any NSF cheques written by others as well as all NSF and late payment charges issued by Spa Party.

27. Non-Payment

A. Regardless of the reason, any non-payments (and non-replaced NSF cheques) will be sent to collections and placed against the Party Organizer’s credit bureaus. In addition to interest due, all applicable collection fees will be added to the total amount outstanding. Should credit collections prove unsuccessful Spa Party will also pursue collections via legal avenues. If a court judgement is successful, the Party Organizer agrees to pay all related costs for recovery of payment.

28. Spa Party Entertainment

A. Spa Party endeavours to brings kid/teen appropriate magazines and technicians do their best to engage all the girls in conversation, however the spa party technicians can find it difficult to entertain all the girls for the entire duration of the party as technicians can be limited to entertaining the girl they are currently performing services on. Therefore, Spa Party always suggests that the Party Organizer have more activities for the girls to do than not enough. Spa Party suggests adding their crafts where the girls can make their own beauty products or even reading through the free spa party ideas/games page on www.feelfabulous.ca for some inspiration, so the girls have activities, games and crafts to keep busy with while they await their spa services.

B. Clients may also elect to hire a Spa Party Assistant at a rate set by Spa Party. The Spa Party Assistant’s sole role is to entertain and play games with the girls, assist lead technicians in performing services, assist the Party Organizer with any tasks (such as helping to put out food, tidying, etc).

C. If the Party Organizer is having a theme party/using certain colours for decor, Spa Party encourages the Party organizer to advise Spa Party in advance so that staff can do their best to coordinate.

29. Final Party Payment

A. If day-of services, rentals or products are added to the Party Organizer’s booking, the Party Organizer should also receive a final electronic receipt from Spa Party that includes these added services within a few days of the party. If the Party Organizer’s final receipt does not include these added services, as an internal loss preventative measure Spa Party kindly asks that the Party Organizer please advise Spa Party immediately by emailing catherine@feelfabulous.ca, not any other email address.

B. If a day-of change does occur and added-on (or initial) party charges are found to be billed incorrectly (correct rates are as per rates posted on the Spa Party website, unless special notes mentioning a discount are listed in the client agenda), Spa Party reserves the right to request additional payment, and the Party Organizer agrees to make payment within 3 business days.

30. Deposit

A. Spa Party requires a deposit that will vary in amount based on the Party Organizer’s estimated overall party value. The deposit is required before a booking is added to Spa Party’s booking calendar. Failure to provide a deposit immediately will result in Spa Party not being able to guarantee a reserved party slot.

B. All deposits are non-refundable. Event cancellations require 3 weeks advance notice. Cancellations occurring in advance of 3 weeks will receive their deposit back in the form of a credit. Less notice will result in a deposit forfeiture.

C. On the very rare circumstance that Spa Party feels a refund of a deposit is appropriate, an admin service charge will likely be levied and deducted from the deposit for the party planning time spent by Spa Party staff to date.

31. Zero-Tolerance Behaviour Policy

A. Spa Party is committed to providing a respectable and enjoyable environment for both clients and Spa Party staff. In the event that Spa Party staff attend to an event and feel that the conduct of the Party Organizer or members of their party exhibit inappropriate behaviour or if their conduct is abusive, disrespectful or hurtful, Spa Party reserves the right to refuse service and the Party Organizer will be liable for the full cost of all products and services ordered.

B. Spa Party reserves the right to cancel a party booking prior to a scheduled date if admin staff/management feels that they are not able to meet the demands and expectations of the Party Organizer and therefore not suited to provide service to the Party Organizer. In addition, if admin/management staff feel that pre-party communications with the Party Organizer is abusive, disrespectful or hurtful, all associated bookings may be cancelled by Spa Party without notice to the Party Organizer. All deposits paid to Spa Party by the Party Organizer will be refunded, if appropriate.

32. Day-of Issues & Emergencies

A. If there are any pre-party day-of issues please contact your local Spa Party Mobile Spa phone number on the contact page. If you are unsuccessful in reaching a customer service representative, for emergencies, the Party Organizer may call the Spa Party Mobile Spa phone number in an alternate city, so staff in another city may be of assistance. If unsuccessful (although Spa Party does not prefer to communicate with clients via text messages prior to a party booking), for emergencies, sending a text message to your local Spa Party number is recommended, as this text message will likely be seen sooner than voicemails are retrieved.

B. If the Party Organizer is not attending the spa party event, the Party Organizer must appoint a day-of point of contact that will physically be at the event. Spa Party requires the contact number and name of this person at the event in advance.

33. Party Confirmation

A. The Party Organizer is to ensure Spa Party has made contact to confirm all of the details of the event at least 5 days before the scheduled event. If the Party Organizer has not heard from Spa Party, the Party Organizer is to contact Spa Party via phone no later than 4 days prior to the scheduled event.

34. General Terms and Conditions

A. The parties agree that each of the foregoing terms and conditions shall be construed as independent of any other term or condition hereof. If any provision or part of any provision in this Agreement is void for any reason, it shall be severed without affecting the validity of the balance of the Agreement.

B. Time shall be of the essence of this Agreement.

C. This Agreement shall be interpreted in accordance with the laws of the Province of British Columbia, and the parties agree that the Courts of the Province of British Columbia shall have jurisdiction over any matter arising pursuant to this Agreement or the services provided hereunder.

D. This Agreement and the documents specifically contemplated herein constitute the entire agreement of the Parties.

E. This Agreement may only be modified or amended in writing, signed by Spa Party and by the Party Organizer.

F. If an exception to a section of this Agreement has been agreed upon between the Party Organizer and Spa Party, Spa Party will write the exception into the Party Organizer’s booking agenda, and will ensure a copy of the booking agenda is also emailed to the Party Organizer.

G. This party agreement, in whole or in part, must not be made public or used by/distributed to anyone aside from the Party Organizer having a party with Spa Party Mobile Spa Inc. This agreement is to remain confidential whether or not the Party Organizer proceeds with their scheduled party.

35. Execution

A. The Party Organizer acknowledges agreement to all the pages contained within this agreement if they click on the box that says “I agree to the terms and conditions” before paying their deposit.