Terms of Service

01. Acceptance of Terms

These Terms of Service (these "Terms") constitute a legally binding commercial agreement between the participating True REST Float Spa franchise location or operating entity ("Franchisee," "Location," "you," or "your") and The Smart Marketing Company (referred to herein as "TSMC," "we," "us," or "our"), governing your enrollment and participation in the True REST Float Spa Location Email Marketing Program through truerest-email-marketing.pages.dev.

By completing an enrollment submission, selecting a service plan, or confirming payment, you represent that you are an authorized owner, franchisee, or executive operator of the enrolled True REST location and agree to be bound by these Terms and our Privacy Policy.

02. Scope of Turnkey Email Services

The Smart Marketing Company delivers a complete, hands-off email marketing and sending infrastructure package tailored individually for your True REST Float Spa location:

• Dedicated Sending Platform Included: Dedicated SendPulse account, isolated subscriber database, and contact storage with zero contact count penalty fees.
• Domain Authentication & Deliverability: Comprehensive DNS sender authentication (SPF, DKIM, DMARC) directly configured for your location's domain.
• Personalized Monthly Community Newsletters: Twelve monthly conversational email broadcasts per year featuring your authentic voice, local floating storytelling, and direct return booking links, plus automated 48-hour follow-up resends to non-openers.
• Major Seasonal Holiday Promo Campaigns: Complete multi-send promotional sequences engineered to maximize holiday sales revenue across Black Friday, Holiday BOGO, Valentine's Day, Mother's Day, and Father's Day, complete with links to your local holiday promo purchase portal.
• Custom Local Template Design: Responsive, mobile-first email layouts incorporating your location's phone number, Google Maps directions, online booking buttons, membership purchase links, and team signature.

03. Service Plans, Rates & Transparent Billing

Services are provided under three distinct commercial frameworks:

A. Annual Agreement ($150 / Month Single Location)

• Base Investment: $150 per month for your primary location. Additional locations operated by the same owner are billed at +$100 per month each.
• Setup Fee: $0 (The standard $300 onboarding setup fee is completely waived in exchange for your 12-month commitment).
• Initial Term: 12 months. Disperses technical onboarding and template production costs evenly over the year.
• Post-Term Flexibility: Following completion of the initial 12-month commitment, service automatically transitions to month-to-month afterward with preferred pricing retained.

B. Annual Paid-in-Full ($1,500 / Year Single Location)

• Annual Investment: $1,500 per year for your primary location (provides 2 months free, saving $300 annually). Additional locations are billed at +$1,000 per year each.
• Setup Fee: $0 (Waived).
• Post-Term Flexibility: Automatically transitions to month-to-month afterward at the preferred $150 per month rate, or may be renewed annually to retain discounted savings.

C. Flexible Month-to-Month ($200 / Month Single Location)

• Monthly Investment: $200 per month for your primary location. Additional locations are billed at +$150 per month each.
• Setup Fee: $300 one-time onboarding setup fee due at commencement to cover custom template coding, domain authentication, and list migration.
• Term & Cancellation: Flexible month-to-month service cancelable at any time with 30 days written notice prior to your next recurring billing date.

04. Onboarding & Black Friday Cutoff

To guarantee your location is built, authenticated, and loaded with your subscriber list in time for Black Friday promotional launches, enrollment must be confirmed by the announced cutoff date (November 10th). Submissions received after the cutoff will be onboarded in the order received, but pre-Black Friday delivery cannot be guaranteed.

05. The 2-Minute Monthly Personalization Workflow

To achieve our benchmark 25% to 35% open rates, our emails avoid generic corporate blasts in favor of an authentic local voice:

• Step 1 (We Draft): Each month, TSMC writes a complete email draft, constructs the layout, and configures all local booking and promo links.
• Step 2 (You Provide Voice): We send you a preview along with a simple engagement prompt for you to write a one or two sentence story or thought about the monthly topic.
• Step 3 (You Approve): You reply with your quick lines, give a thumbs-up, and TSMC drops your text into the opening hook and executes the deployment.

If a location fails to respond to a monthly prompt within 5 business days of scheduled distribution, TSMC will deploy an approved, high-converting location newsletter to ensure your members hear from you and your pods stay booked.

06. 100% Subscriber Database Ownership

You retain sole and exclusive proprietary ownership of all customer lists, member emails, and guest records provided to TSMC. We act solely as a technical service provider and campaign execution partner. Under no circumstances will TSMC sell, rent, monetize, pool, or share your subscriber data with any other business or location.

07. Intellectual Property & Franchise Trademarks

All True REST Float Spa trademarks, logos, brand emblems, and copyrighted imagery remain the exclusive property of True REST Franchising LLC and its affiliated corporate entities.

Marketing copy, narrative concepts, responsive HTML layouts, and campaign structures engineered by TSMC are provided under a limited, non-exclusive license to the enrolled location for the duration of active service for the sole purpose of marketing the location.

08. Performance & Revenue Disclaimers

While the program is based on proven systems active in operating True REST spas (including Brick, NJ, Ocean Township, NJ, and Chico, CA) that consistently produce 25% to 35% open rates and significant promo revenue, TSMC makes no guarantee regarding specific dollar earnings, float booking counts, or new membership conversions.

Results depend on local factors beyond our control, including the size and freshness of your customer list, local market density, front desk sales conversion, and local pricing structures.

09. CAN-SPAM Compliance & Acceptable Use

All marketing broadcasts deployed through the platform comply strictly with federal CAN-SPAM regulations. Franchisees agree that all subscriber lists provided consist of legitimate past guests, active members, or individuals who voluntarily opted in to receive updates from the spa. We do not permit purchased or scraped third-party email lists.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SMART MARKETING COMPANY, ITS OFFICERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS REVENUE, OR DATA) ARISING OUT OF THE PROVISION OF THESE SERVICES.

TSMC'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS PROGRAM SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOUR LOCATION TO TSMC IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

11. Cancellation & Transition

For Annual Agreement plans, service runs for an initial 12-month commitment. After completing the initial 12-month term, service automatically transitions to month-to-month afterward with preferred pricing retained, cancelable at any time with 30 days written notice prior to your next recurring billing date.

Upon cancellation, your location may request a full export of your updated subscriber lists, including engagement histories and clean suppression records.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms shall be resolved through confidential, binding arbitration administered in accordance with the commercial arbitration rules of the American Arbitration Association (AAA).

13. Contact & Notices

All formal notices, billing questions, or program inquiries should be addressed to our program director: