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Glow Theory Dermatology, Inc.

Glow Getter Aesthetic Membership Agreement

 

This Glow Getter Facial Membership Agreement (“Agreement”) effective date shall be the date you execute the Agreement (“Effective Date”) is by and between the undersigned member (“Member”) and Glow Theory Dermatology, Inc. (“Studio”) located at 7750 El Camino Real, Suite F, Carlsbad, CA 92009. It is agreed the Member is purchasing a Membership from the Studio according to the terms of this Agreement.

Please be advised of the following important terms of your Membership Agreement:

  • All Membership Fees paid need to be used during your Membership Term and are not refundable or can be applied to any subsequent Membership renewal.
  • Your Membership is not transferable
  1. Membership, Term, and Fees.

    a) Membership. Member shall chooses the Glow Getter membership package and to use the premises, facilities, equipment, and services at the Studio location stated in this Agreement (“Glow Theory Treatments”). Member shall receive a 15% discount on all services. Member understands that any and all problems related to this Agreement and/or Member’s Membership must be addressed with the Studio in which Member’s Membership was sold. Member acknowledges that the Studio may from time to time sell memberships and packages at different rates and terms than the rate and terms of Member’s Membership. The Studio reserves the right to change from time to time the benefits which are part of Member’s service at its sole discretion. Member represents that Member is eighteen (18) years of age or older. Member acknowledges that it has been explained to Member that this is a legally binding and enforceable contract and that Member has agreed to maintain Member’s Membership for the period of time specified herein.

    B) Membership Fee and Due Date. Member’s yearly Membership fee amount is $99.00 (“Yearly Fee”). The Yearly Fee will be automatically billed and collected once every year beginning on your membership Effective Date and continuing on that same day every billing period or as soon thereafter as practical (“Due Date”), until Member’s Membership is properly cancelled as provided in Section 4 of this Agreement, or otherwise terminates as provided herein. The Yearly Fee cannot be offset by any store credit existing. The Studio reserves the right to increase the Yearly Fee upon thirty (30) days’ notice to Member, but will not increase the Yearly Fee during the Initial Term (as defined below). ALL YEARLY FEES PAID DURING THE INITIAL TERM OR ANY SUBSEQUENT RENEWAL TERM ARE REQUIRED TO BE USED DURING THAT TERM AND ARE NOT REFUNDABLE.

    C) Term. The initial term of this Agreement is for twelve (12) months (the “Initial Term”), and will automatically renew every year thereafter (the “Term”) unless Member provides the Studio a notice of cancellation pursuant to Section 3 of this Agreement.

    D) Automatic Renewal Notice. Member understands that after the Initial Term, this Agreement will automatically renew each year unless Member provides notice of cancellation to the Studio pursuant to the cancellation procedure specified in Section 4 of this Agreement.

  2. Use and Scheduling of Glow Theory Treatments.a) Use of Treatments and Scheduling Policy. Member must have an active Membership in good standing to participate in Glow Theory Treatments. Member’s Glow Theory Treatments are only redeemable at the Studio location in which they were purchased. Member’s Glow Theory Treatments may not be shared with or transferred to other members and/or any other person. There are no refunds for unused and/or expired Glow Theory Treatments. To ensure that you get an appointment for the date and time you desire, we suggest you book all appointments a few weeks in advance using our Website. Our Website displays the most up to date availability. Please not we require a credit card to reserve your appointment. We accept American Express, Visa, Mastercard. and Discover.

    B) Rescheduling of Glow Theory Treatments. The Studio reserves the right to assign or reassign any provider to any Glow Theory Treatment. The Studio also reserves the right to reschedule, cancel or discontinue a treatment for any or no reason without notice – this includes changes to the day, time, and personnel. Any Glow Theory Treatment that is rescheduled will be done as best to accommodate all members involved. If a member cannot attend the rescheduled Glow Theory Treatment, the member is still responsible for payments as scheduled.

  3. Notice of Cancellation Rights .

    A) Early Cancellation. If Member wishes to cancel this Agreement, they can do so at any time, however there will be no refund during the Initial Term .

    B) Cancellation of an appointment. Any appointment that is canceled without a minimum of 24 hour notice, is subject to a cancellation fee of $100. (“Appointment Cancellation Fee”) .

    C) Notice of Cancellation. Notice of cancellation of this Agreement by Member (“Cancellation Notice”) shall be made in person at the Studio or in writing and delivered by certified or registered mail to the Studio at the following address: 7750 El Camino Real, Suite F, Carlsbad, CA 92009.

  4. Billing and payment

    A) Billing Information. Member shall be responsible for providing valid billing information for scheduled payment drafts. Member’s billing information must be updated at least three (3) days prior to the scheduled draft date or the existing billing information on Member’s account will be charged.

    B) Payment. Glow Theory Treatments are automatically deducted yearly. This payment option automatically renews the Membership on a yearly basis. Thereafter, the Yearly Fee is auto-renewed, unless a 30-day cancellation notice is received in accordance with this Agreement. If Member’s payment is declined or rejected for any reason, the Studio reserves the right to refuse treatment until payment is received. Member understands that the Studio may make daily attempts to collect Member’s declined payments. Any payment that is returned or rejected for any reason will be subject to reasonable bank fees and charges .

    C) No-Show and Late Cancellation Fee. The Studio reserves the right to charge a reasonable fee if the Member fails to attend a scheduled treatment (“No-Show Fee”) or cancels a scheduled treatment with less than eight (8)-hours’ notice to the Studio (“Late Cancellation Fee”). Currently, the No-Show Fee is Fifteen Dollars ($15) and the Late Cancellation Fee is Ten Dollars ($10) . Cancellations within one (1) hour of the treatment start time are considered No-Shows. The Studio reserves the right to change the No-Show Fee and Late Cancellation Fee at its sole discretion. Member understands that its scheduled Glow Theory Treatments will be deducted if Member is a no-show to its scheduled treatment session .

    D) Dues, Fees, Charges, and Taxes. Member is responsible for notifying its bank of any error that appears on its bank or credit card statement in a timely manner. Member shall notify the Studio within sixty (60) days of a claimed error on its bank statement or credit card statement. The Studio has the right to add to any amounts payable to the Studio and/or any tax imposed by any governmental agency. To the extent sales tax rates are imposed, the Yearly Fee will be increased by such tax .

    E) Default and Late Payments. Should Member default on any payment obligation as called for in this Agreement, the Studio will have the right to declare the entire remaining balance due and payable and Member agrees to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this Agreement is more than ten (10) days late. Member acknowledges that Member will be charged a late fee of Fifteen Dollars ($15) (“Late Fee”). An additional service fee will be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. Member further acknowledges that if Member pays by electronic funds transfer (EFT), the Studio’s then-current billing company(ies) reserve(s) the right to draft via EFT all amounts owed by Member including any and all Late Fees and service fees, subject to applicable State and Federal Law .

    F) Chargebacks. In the event Member gets a chargeback from its credit card company, such determination is not determinative and the Studio reserves the right to pursue all such amount(s) .

  5. Privacy Policy

    A) Privacy. Your privacy is very important to us. The following outlines our privacy policy to help you to understand how we collect, use, communicate and disclose and make use of personal information. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes. We will only retain personal information as long as necessary for the fulfillment of the specified purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

    We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. We will make readily available to members information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

    You can permanently disable your account and remove your information from our database at any time by sending an email to contact@myglowtheory.com You can see what information is deleted and what we continue to store after the account is disabled in our privacy policy. These terms remain in effect after your account is disabled.

    We collect information automatically as you navigate the site or through our analytics providers. We may store usage information such as the type of device you use to access our Website including IP address, device ID, the pages you visit or request, links clicked, referring sites, user interactions, and your search terms. We also derive your location from your IP address.

  6. Additional Terms and Conditions.

    A) Studio Termination Rights. The Studio may terminate this Agreement or Member’s Membership for any or no reason in its sole and arbitrary discretion. Notification by the Studio of termination may be made in person or by telephone, mail, or electronic mail.

    B) Opt-In Communication. Glow Theory Dermatology, Inc. and its marketing partners may use Member email address and other personal information to communicate with Member about upcoming events, special Glow Theory member offers, and other information.

    C) Physical Condition and No Medical Advice. Member represents that Member is physically sound and has no medical reason or impairment including but not limited to a virus, infection, or illness that might prevent Member from its intended use of the Studio’s or other participating Glow Theory Treatments.

    D) Liability for Property. Neither the Studio, Glow Theory Holdings LLC, nor any other participating Glow Theory facility, and their respective affiliates, parents, subsidiaries, owners, managers, members, employees, agents, successors, and assigns is liable to Member or its guest for any personal property that is damaged, lost or stolen while on or around the premises of the Studio or other participating Glow Theory facility, including damage to a vehicle or its contents or any property left in a locker. If Member or its guest causes any damage to such facilities, Member is liable for its cost of repair or replacement.

    E) Rules and Regulations. Member agrees to follow the Membership policies, rules and regulations of the Studio and other Glow Theory facilities. The Studio and other participating Glow Theory facilities may, in their sole discretion, modify the policies and any studio rule without notice at any time. Studio rules vary by location and all signs posted in a studio or on the premises or verbal communication shall be considered a part of the rules of such studio. Member agrees that improper or unauthorized use of the Studio, facilities or violation of the rules may result in termination of Member’s Membership at the Studio’s discretion.

  7. Miscellaneous Provisions.

    A) use of Likeness Waiver. As consideration for the Studio entering into this Agreement, Member hereby grants permission to the Studio, Glow Theory Holdings LLC and their affiliates, parents, and subsidiaries the rights of Member’s image, likeness, and sound of Member’s voice as recorded on audio or videotape. Member understands that its image may be edited, copied, exhibited, published, or distributed and waives the right to inspect or approve the finished product wherein Member’s likeness appears. Additionally, Member waives any right to royalties or other compensation arising or related to the use of Member’s image, voice, or recording. Member understands that this material may be used in diverse commercial settings within an unrestricted geographic area. By executing this Agreement, Member understands that photographic, audio, or video recordings of Member may be electronically displayed via the internet, print, radio and other forms of advertising in the public business setting. By executing this Agreement, Member acknowledges that Member has completely read and fully understands the above release and agrees to be bound thereby. Member hereby releases any and all claims against any person or organization utilizing this material.

    B) Assignment. Neither this Agreement nor Member’s Membership may be assigned or transferred by Member and Member may not sell, assign, or transfer this Agreement or Member’s rights, privileges, and obligations hereunder or its Membership to a third party. Any such attempted sale, assignment or transfer shall be null and void. Member may not loan its Membership card to anyone. No membership agreement for Glow Theory Treatments shall require or entail the execution of any note by the Member which, when separately negotiated, will cut off as to third parties any right of action or defense which the Member may have against the Studio. No right of action or defense arising out of this Agreement which the Member has against the Studio shall be cut off by assignment of this Agreement whether or not the assignee acquires the Agreement in good faith and for value. Such an assignee is not a holder in due course. The Studio reserves the right to assign or otherwise transfer this Agreement at any time without Member’s consent.

    C) Jurisdiction and Venue. This Agreement will be governed by the laws of the State in which the Studio is located, without regard to conflict of laws rules or principles. The state and federal courts of the State in which the Studio is located shall be proper forums for any legal controversy arising in connection with this Agreement, which state, and federal courts of the State in which the Studio is located shall be the exclusive forums for all such suits, actions, or proceedings.

    D) Payment Information. By signing this Agreement, Member authorizes the Studio, its assigns, affiliates and other parties authorized by Studio including, but not limited to, Glow Theory Holdings, LLC, its parent, subsidiaries and affiliates and payment processing and collection companies, to store the Payment Account Information Member provided to Studio and any alternate payment account information provided in person, online, or over the phone for purposes of making any payment in relation to this Agreement and/or Member’s Membership. Member authorizes the Studio and other parties listed above to initiate transfers from Member’s payment account (“Payment Account”) for the purpose of billing all or a portion of the Yearly Fee Member owes to Studio each month and any other fee set forth in this Agreement on or around the date(s) indicated herein until all of Member’s obligations are paid under this Agreement. Member understands that its obligation under this Agreement includes the Yearly Fee, service fees for uncollectable Yearly Fees, applicable taxes, charges and other unpaid fees or dues that are or will become due. Member further understands that the Payment Account Information may be used for any incidental charges Member makes, including retail transactions and/or online purchases initiated by Member. If at any time the Studio or any other party listed above is unable to successfully bill the Payment Account for any fee or other obligation mentioned above or in this Agreement, Member further agrees that the Studio or other party listed above may re-submit the fee to the Payment Account for any fee or obligation or any portion thereof. Member agrees that transfer of partial payments of an overdue balance are authorized by Member under this Agreement. Member agrees that the Studio or other parties listed above may also use the stored Payment Account Information to process payments owed in relation to all subsequent agreements entered into between Member and the Studio. If Member’s Membership automatically renews at the end of the Initial Term or Term, the stored Account Payment Information will be used to process payments owed in relation to such terms. This authorization to store and use the Payment Account will not expire unless it is expressly revoked by Member. Member understands that the amounts debited from the Payment Account may vary each month based on additional amounts owed to the Studio in accordance with the terms of this Agreement. Member confirms that it is authorized under the terms of the applicable agreement with its financial institution to use the account/card designated by Member for the purchase of goods and services from Studio and agrees to comply with Member’s financial institution’s requirements at all times while this authorization is in effect. The general cancellation set out in this Agreement will apply to this authorization. If any of Member’s Payment Account Information changes, Member agrees to immediately notify the Studio or other third party of such change.

    E) TCPA Consent, Privacy and Contact. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from the Studio, Glow Theory Holdings, LLC, the Studio’s agents, representatives, subsidiaries, members, managers, affiliates, or anyone calling on the Studio’s behalf (including any payment/debt collection service), you expressly consent to be contacted by the Studio, its agents, representatives, affiliates, or anyone calling on the Studio’s behalf for any and all purposes (including any marketing purpose) arising out of or relating to this Agreement and/or Payment Account Information provided, at any telephone number, or physical or electronic address Member provides or at which Member may be reached. Member agrees the Studio may contact Member in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by Member or someone else. In the event that an agent or representative calls, he, she, or they may also leave a message on Member’s answering machine, voice mail, or send one via SMS message (including text messages). Member consents to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from the Studio, its agents, representatives, affiliates or anyone calling on the Studio’s behalf at the specific number(s) Member has provided to the Studio, or numbers the Studio can reasonably associate with Member’s account (through skip trace, caller ID capture or other means), with information or questions about this Agreement and Member’s Payment Account Information. Member certifies, warrants, and represents that the telephone numbers that Member has provided to the Studio are Member’s contact numbers. Member represents that Member is permitted to receive calls at each of the telephone numbers Member has provided to the Studio. Member agrees to promptly alert the Studio whenever Member stops using a particular telephone number. Member’s cellular or mobile telephone provider will charge Member according to the type of plan Member carries. Member also agrees that the Studio (or anyone acting on the Studio’s behalf, including debt collection services) may contact Member by e-mail, using any email address Member has provided to the Studio or that Member provides to the Studio in the future. Member agrees and acknowledges that its consent herein is not a condition to the contemplated Membership and that Member may “opt out” at any time. The Studio may listen to and/or record phone calls between Member and the Studio’s representatives without notice to you as permitted by applicable law. For example, listen to and record calls for quality monitoring purposes.

    F) Construction of Agreement. Member acknowledges that neither the Studio, Glow Theory Holdings LLC, their affiliates, parents, and subsidiaries nor any party acting on behalf of the Studio, made any representations or promises upon which Member relied that are not stated in this Agreement. Member expressly disclaims reliance upon any facts, promises, undertakings or representations made by the Studio, or on behalf of the Studio. This Agreement contains the entire contract between Member and the Studio and replaces any oral or other written contract. No provision of this Agreement will be interpreted in favor of, or against, any party by reason of the extent to which such party or its counsel participating in the drafting of this Agreement. If a court declares any part of this Agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If the Studio does not enforce any right in this Agreement for any reason, the Studio does not waive its right to enforce it at some other time. If legal action is commenced in connection with the enforcement, interpretation, or breach of any provision of this Agreement, the court as part of its judgment shall award reasonable attorneys’ fees and costs to the prevailing party. No changes to this Agreement are permitted unless mutually agreed in a signed instrument executed by both the Studio and Member. Member acknowledges and agrees that this Agreement represents the entire contract by and between the Studio and Member and that this Agreement shall supersede any and all contracts, oral or otherwise. The Studio may assign this Agreement, and Member’s obligations privileges hereunder, as the Studio determines from time to time in its sole discretion.

    MEMBER HAS READ AND UNDERSTANDS THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MEMBER’S CANCELLATION RIGHTS AND BILLING POLICIES SET FORTH IN THIS AGREEMENT AS ACKNOLWEDGED BY THE MEMBERSHIP CHECK OUT PROCESS.

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