Gold Membership Agreement
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR, OR “CUSTOMER”) AND BEAUTY, LLC D/B/A CHRISTINA WHITE SALON (“WE” OR “CHRISTINA WHITE SALON”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR PURCHASE OF A MEMBERSHIP.
By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least 18 years of age.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER.
TERMS OF SALE
Sale of Products and Membership to End Users Only
Christina White Salon sells beauty supplies and services (the “Product(s)”) to end-user customers who purchase monthly memberships to receive the Products (“Memberships(s)”) only for their own personal, non-commercial use. You may not purchase Product or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal to you and non-transferable by you.
Pricing
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found at our storefront located at 1238 Strassner Dr. Brentwood, MO 63144. Christina White Salon reserves the right to change prices for Products and the Membership Fee at any time, and does not provide price protection on refunds in the event of promotions or price decreases or discounts on Products or increase for the Membership Fee.
Advertising
Paying more than $199 per month in membership fees allows you to advertise on Christina White Salon’s digital media platform located in the salon. There are no guarantees on viewership, impressions, reach, or business that you will gain from our advertising platform.
Payment methods; Automatic Monthly Membership Renewals and Membership Cancellation Policy
Christina White Salon accepts credit card payments only for Memberships. You agree to pay the monthly fee of either $49, $99 or if a UPshow Advertiser a price of your choosing greater than $199 (“Monthly Fee” or “Membership Fee”). The Monthly Fee and accumulation thereof (“Membership Balance”) will be entirely redeemable at Christina White Salon for any Product we offer. The Membership Balance cannot be redeemed or refunded for cash. If you do not pay on time or if your credit card cannot be charged for any reason, Christina White Salon reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service including your Membership Balance.
Christina White Salon and Christina White Salon’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Christina White Salon and Christina White Salon’s third party payment service provider at the election of your credit card issuer. Neither Christina White Salon nor Christina White Salon’s third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
IMPORTANT NOTICE TO CONSUMER:
AUTOMATIC MONTLY MEMEBERSHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH. The initial Membership term is for a (3) three month period. Christina White Salon will automatically renew your Membership after the initial three month period each month as authorized by you by digitally filling out this Agreement.
MEMBERSHIP CANCELLATION. You may cancel your Membership at any time after the initial three month mandatory commitment by visiting Christina White Salon at 1238 Strassner Dr, Brentwood, Missouri 63144 by signing a cancellation form. All cancellation requests must be received by the first day of the month. If a cancellation request is received by the first day of the month, then your Membership term will continue until the end of that month. Cancellation requests received after the first date of the month shall take effect on the first day of the following month and your Membership term will continue until the end of that following month . If you cancel your Membership, you will enjoy your Membership benefits including your Membership Balance until the end of the then-current Membership term, and your Membership benefits and Membership Balance will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership Fee or Membership Balance paid for any unused days of the then-current Membership term.
Christina White Salon reserves the right to cancel your Membership at any time by giving you thirty days prior written notice of cancellation. If we cancel your Membership, you will enjoy your Membership benefits including your Membership Balance until the end of the thirty day notice period.
PAUSING AND RESUMING MEMBERSHIP. Christina White Salon offers its members the ability to temporarily pause their Membership (“Pause Period”). During the Pause Period, members will remain active members, they will not lose their Membership Balance, but will not receive any benefits of Membership such as discounts or priority booking.
A Membership may be placed on a Pause Period for either a one, two, or three month period. During the Pause Period, members will remain a member but will not be charged any sort of maintenance or Monthly Fee.
ASSIGNMENT. Christina White Salon may assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Licensee.
GOVERNING LAW AND EXCLUSIVE JURISDICTION; WAIVER OF JURY TRIAL. YOU AGREE THAT THIS AGREEMENT IS MADE AND ENTERED INTO IN ST. LOUIS COUNTY, MISSOURI. YOU AGREE THAT MISSOURI LAW GOVERNS THIS AGREEMENT'S INTERPRETATION AND/OR ANY DISPUTE ARISING FROM THIS AGREEMENT, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES TO THE CONTRARY. ANY LAWSUIT BROUGHT BY A PARTY RELATED TO THIS AGREEMENT, YOUR MEMBERSHIP OR USE OF ANY PRODUCTS MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN ST. LOUIS COUNTY, MISSOURI AND EACH PARTY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS IN ANY SUIT, ACTION OR PROCEEDING. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION TO THIS EXCLUSIVE FORUM AND ALSO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
NOTICES. All notices and correspondence will be sent to the Member's last preferred mailing address and/or the e-mail address provided to Christina White Salon.
PREVAILING PARTY COSTS. If any party prevails in any claim or action under this Agreement, the prevailing party shall be entitled to an award of its reasonable attorneys' fee and costs.
ENTIRE AGREEMENT. This Agreement constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained in this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter of this Agreement.
AMENDMENT. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto.
WAIVER. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof.
LIMITATION OF LIABILITY. IN NO EVENT SHALL CHRISTINA WHITE SALON BE LIABLE UNDER THIS AGREEMENT OR TO ANY PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR LOST PROFITS, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
This Agreement may be executed using a Electronic Signature by filling in the checkbox stating “I have read and agreed to the Terms of Service and by typing your first and last name.