- Introduction; Program Eligibility
Spa Society (the “Program”) is a free customer loyalty program offered by Irvine Management Company (“Company” “we” “our” “us”) at The Spa at Pelican Hill (the “Spa”) to its customers located in the United States. Participation in the Program is limited to individuals only and is limited to one account per individual. You must be 18 years or older and a legal resident of the United States to be eligible for Membership.
To join Spa Society, go to https://www.pelicanhill.com/spa-society/ and submit the available web form,. You will be required to provide your first and last name, email address, and phone number. Providing your birthday (month, day) is optional to receive birthday incentives. If you do not provide birthday information you will not receive your birthday incentive.
BY ENROLLING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“PROGRAM TERMS“). NO PURCHASE IS NECESSARY TO BECOME A PARTICIPANT OF SPA SOCIETY.
Affiliates of the Company (e.g. Oak Creek Golf Club) may also have similar loyalty programs. Membership in the Program does not confer any rights or benefits in any other program of the Company or any Company affiliate.
PLEASE BE AWARE THAT SECTION 9 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THESE ARBITRATION TERMS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE OR CLAIM BETWEEN YOU AND THE COMPANY WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
- General Conditions; Changes to the Program
The Program is offered at the discretion of the Company, and the Company may, in its sole discretion, alter, limit, or modify the Program rules, regulations, Benefits (defined below), eligibility for Membership, or any other feature of the Program (including without limitation assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, even though changes may affect the value of tier levels or Benefits, by posting any such changes on the Spa website. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
- Earning and Redeeming Benefits; Membership Tiers
4.1 Membership Tiers Generally
There are four membership tiers in the Program: (1) Ruby, (2) Sapphire, (3) Emerald, and (4) Diamond.
Earning Sapphire, Emerald, or Diamond status requires a minimum spend during each year of participation in the Program, as explained below. All membership tiers enjoy a variety of benefits made available by the Company in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits, special offers, promotions, exclusive events and complimentary products and services will be determined by the Company in its sole discretion.
4.2 Qualifying Treatment Spend
Under the Program, each dollar that a member spends on payment for a treatment received by the member himself or herself at the Spa, excluding gratuity, service charges, and other fees, if any (“Qualifying Treatment Spend”) will be credited to the member’s account after the treatment is rendered and payment has been completed successfully. For the avoidance of doubt, Qualifying Treatment Spend does not include payment for treatments received by a minor, guest, or any third party.
All members automatically earn Ruby status upon enrollment. Subject to removal from the Program (as explained in Section 7 below), a member will maintain Ruby status indefinitely unless the Qualifying Treatment Spend required to achieve Sapphire, Emerald, or Diamond status is met.
Sapphire status is granted to enrolled Spa Society members who make a minimum $2,500 Qualifying Treatment Spend at the Spa during one calendar year (January 1st -December 31st). Sapphire status is good for the calendar year in which the Spa Society member qualifies and the following full calendar year (“Requalification Year”). If a member does not attain Qualifying Treatment Spend for Sapphire status during the Requalification Year, and does not qualify for Emerald or Diamond status, the member will revert to Ruby status.
Emerald status is granted to enrolled Spa Society members who make a minimum $5,000 Qualifying Treatment Spend at the Spa during one calendar year (January 1st – December 31st). Emerald status is good for the calendar year in which the Spa Society member qualifies and the Requalification Year. If a member does not requalify for Emerald status during the Requalification Year and does not qualify for Sapphire or Diamond status, the member will revert to Ruby status.
Diamond status is granted to enrolled Spa Society members who make a minimum $10,000 Qualifying Treatment Spend at the Spa, during one calendar (January 1st – December 31st). Diamond status is good for the calendar year in which the Spa Society member qualifies and the Requalification Year. If a member does not requalify for Diamond status during the Requalification Year and does not qualify for Emerald or Sapphire status, the member will revert to Ruby status.
4.3 Track Your Qualifying Treatment Spend
Members may track their Qualifying Treatment Spend by calling the Spa at 949-438-2355 or email at [email protected].
- Benefits Explained
Members are eligible for Benefits based on their membership tier, as set forth in the following table:
|Spa Events: Receive VIP invites to branded experiences and spa events that occur at the Spa, if any, and subject to capacity limitations.
|Birthday Incentive: Receive a one-time complimentary add-on worth up to $75 (in the form of additional time or a product) with a treatment during their birthday month.
|Priority Bookings for New Treatments: Receive invitations to book new treatments before they are available on the Spa treatment menu.
|Quarterly Surprise and Delight: This benefit will vary, may include food & beverage, discounts or additional experiential activity. “Retail value” of $25 per quarterly benefit. There is no cash value, nor may the benefit be returned or exchanged for cash or credit.
|Specially Priced Appointments: Receive periodic email blasts and/or phone call about discounted appointments.
|Fresh Air Fitness Classes (Monday – Thursday): Access fresh air fitness classes at The Resort at Pelican Hill. Based on availability.
|Seasonal Resort Overnight Offer: A benefit may be offered with Resort’s seasonal room offers, such benefit will have a retail value of at least $50 per benefit offered. Resort’s offered benefit may include, but not be limited to, treatment discounts, spa merchandise, service upgrade, spa credit, or amenity access to be redeemed during the Participant’s related stay. Offer not exchangeable, or transferable. No cash value.
|Cabana Reservations: Reserve cabanas at The Resort at Pelican Hill, subject to availability. Subject to blackout dates on holidays, and holiday weekends. Memorial Day through and including Labor Day standard rates apply.
|Discounted Cabana Reservations: 10% discount on cabana reservations at The Resort at Pelican Hill, subject to availability.
|Day Pass Fitness Center and Facility Access: Participant access the fitness center and facilities at The Spa at Pelican Hill without a booked treatment.
|20% off Retail Purchases: Available in the Spa Boutique, Allegra, and Newsstand.
|10% off Food & Beverage: Available Monday – Thursday in Caffe, Coliseum, Pelican Grille (excludes alcohol).
|Complimentary one-night stay at The Resort at Pelican Hill* Gardenview Bungalow. Blackout dates apply. Not transferable.
|Spa Guest Pass: Access to Acqua Colonnade and Lounge for one guest. Must be accompanied by Participant. Subject to availability.
|1 / year
|4 / year
|12 / year
- Redeeming Benefits
Eligible participants may present their Spa Society ID card or inform the Resort staff of Spa Society status, to be validated with the Spa, to redeem the retail and food and beverage discounts, cabana discounts, access fitness center and other amenities, or attend offered events. Day Pass redemption require check-in at the Spa before admittance to the facilities. To redeem the complimentary stay, Participant will be issued a certificate and must call Reservations to book, not available to redeem online. Participant will be required to present Spa Society ID card at check-in. The seasonal Resort offer may be redeemed through a rate code.
- Termination or Removal from the Program
The Company reserves the right to exclude individuals from the Program and to exclude treatments from a member’s Qualified Treatment Spend that are not consistent with the Company’s policy in its sole but reasonable discretion. In particular, any abuse, manipulation or “gaming” of the Program or its rules (as determined by the Company), failure to follow any terms of the Program, the sale, barter or other transfer or attempted sale, barter, or other transfer of any Benefits, any misrepresentation or any conduct detrimental to the interests of the Company or its affiliates, or not otherwise protected by law may subject members to Membership revocation, temporary or permanent removal from the Spa and/or other properties owned by the Company, or deduction of Qualified Treatment Spend obtained through these abusive or manipulative activities, and will affect eligibility for further participation in the Program. Membership is non-transferable. If your Membership is revoked or otherwise canceled, any Qualifying Treatment Spend in your account will automatically expire.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IRVINE MANAGEMENT COMPANY, PH FINANCE LLC, THE IRVINE COMPANY LLC, AND EACH OF THEIR RELATED PARTIES (“RELEASED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING WITHOUT LIMITATION DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. IN NO EVENT SHALL IRVINE OR ANY OF ITS LICENSORS, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF THE RELEASED PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE PROGRAM TERMS OR YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM SHALL NOT EXCEED FIFTY DOLLARS (U.S.).
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
- Dispute Resolution
Please read the following terms relating to the parties’ arbitration rights and obligations stated herein (the “Arbitration Terms”) carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us.
9.1 Applicability of Arbitration Terms. You and the Company agree that in the event of any dispute or claim between you and the Company relating to: (a) your Membership in the Program; or (b) any matters relating to privacy, collection or use of personal information, data breach, or any alleged violation of federal or state privacy or data breach statutes including but not limited to the California Consumer Privacy Act (CCPA), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and whether arising from these Program Terms or any other agreement (individually, a “Claim” and collectively, “Claims”), such Claims will be resolved by binding arbitration, rather than in court, except that (1) you may assert Claims or seek relief in small claims court if your Claims qualify; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). These Arbitration Terms shall apply, without limitation, to all Claims that arose or were asserted either before or after the effective date of these Program Terms or any prior version of these Program Terms.
9.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Terms set forth herein. All commercial claims between us, whether subject to arbitration or not, will be governed by California law, excluding California’s conflict of laws rules. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claim to our registered agent: CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833. Disputes involving Claims seeking relief in an amount less than $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures. JAMS arbitration rules are available at http://www.jamsadr.com/. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The Company shall pay all costs and expenses unique to arbitration, including without limitation the JAMS and arbitrator’s fees, except that if you are the party initiating the claim, you must contribute a sum equal to the filing fee in the court of general jurisdiction in Orange County, California. If you are represented by legal counsel, you must pay in the first instance your own attorney’s fees. You may choose to have the arbitration conducted: (1) by telephone, (2) based on written submissions, or (3) in person at Orange County, California, USA or at another mutually agreed location.
9.3 Authority of Arbitrator. All arbitrations shall be conducted before a single neutral arbitrator, who shall be licensed to practice law in the jurisdiction where the arbitration shall occur. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of the Arbitration Terms set forth herein and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of these Arbitration Terms including, but not limited to, any assertion that all or any part of these Arbitration Terms is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Program Terms (including without limitation the Arbitration Terms stated herein). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including without limitation the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The decision rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction.
9.4 Waiver of Jury Trial. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY ARBITRATION PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. NOTWITHSTANDING THE FOREGOING, YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all Claims shall be resolved by arbitration under these Program Terms, except as specified in Section 9.1 above.
9.5 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS WITHIN THE SCOPE OF THESE ARBITRATION TERMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued or ruling made stating that applicable law precludes enforcement of any of this subsection’s limitations on bringing Claims on a class action basis, then such Claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other Claims shall be arbitrated. The parties expressly agree not to arbitrate any Claim on a class or collective basis.
9.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of these Arbitration Terms by sending written notice of your decision to opt out to: [email protected] within 30 days after first becoming subject to these Arbitration Terms. Your notice must include your name and address, your Company username (if any), the email address you used to set up your Company account (if you have one), and with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” If you opt out of these Arbitration Terms, all other parts of the Program Terms will continue to apply to you. Opting out of these Arbitration Terms has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
9.7 Severability. Except as provided in subsection 9.5, if any part or parts of these Arbitration Terms are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of these Arbitration Terms shall continue in full force and effect.
10. California Notice of Financial Incentive
The Program, Spa website, and all contents thereof are the property of the Company, including without limitation copyrights, trademarks, and other intellectual property rights. These rights are protected by United States intellectual property laws and other applicable laws. The Program and Spa website are provided for your personal and non-commercial use only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of any content of the Program or Spa website, or any commercial use or use for third parties, is strictly prohibited.
12. Entire Agreement
13. Contact Information
For questions about the Program or these Program Terms, please call us at 949-438-2355 or email us at [email protected].