1. Silver Membership Plan and Term.
Member is enrolling in the Silver Membership Plan of the Company. The monthly cost for the Silver Membership Plan is $129 per month (the “Membership Fee”) for a period of 12 months commencing thirty days from the Effective Date. Membership Fees will automatically be debited each month throughout the Term (as defined below). Additionally, upon enrollment, Member will be required to pay a $50 non-refundable enrollment fee (inclusive of sales tax).
1.1. Included in the Silver Membership Plan are the following: 6 total treatments per year, 1 treatment every other month – all technologies included; and
Ctreasure Twinrey Advanced Home Device (MSRP $399.99)
Ctreasure Facial Trial/Travel Kit (MSRP $149.99)
products to be provided to Member upon first monthly payment, collectively, the “Skin Care Starter Package”).
If Member pays any Membership Fees in advance pursuant to a special offer, Member will not be required to make any payments of the Membership Fee until such time as their prepaid amount has been fully applied towards such Membership Fees owing under this Agreement. Additionally, in the event Member utilizes a special offer at the time of enrollment, it shall not be required to pay the Skin Care Starter Package Fee (as defined below) following termination of this Agreement and there will be no other cancellation fees assessed.
1.2. The initial term of this Agreement shall be for a period of one year (the “Initial Term”). Member shall not be entitled to terminate or suspend their membership during the Initial Term except that Member may cancel their membership and terminate this Agreement within the first seven (7) days of enrollment by returning the full Skin Care Starter Package in an unopened state and without any security seals being broken. If Member cancels their membership within the first seven (7) days after enrollment but does not return the Skin Care Starter Package in an unopened and unaltered state, Member will be required to pay the Skin Care Starter Package Payment on termination. If this Agreement is terminated prior to the expiration of the Initial Term for any reason after the first seven (7) days of enrollment, the Skin Care Starter Package Payment will become immediately due and payable, if applicable, in addition to all other rights and remedies of Company set forth herein. Notwithstanding the foregoing, in the event Member is no longer able to utilize the spa services based on Member’s: (i) death; (ii) permanent disability or other change in physical condition that prevents Member from utilizing the spa services (based on a physician’s certification of the same, to be provided to the Company); or (iii) being called to active duty by the United States Military and deployed outside of the state of Colorado, Member shall be required to pay the Skin Care Starter Package Payment as set forth in Section 3 below. If Member has any questions regarding the Company’s return or cancellation policies, they may email email@example.com or contact a customer service representative in person. The deadlines set forth herein will not be extended pending responses to email questions unless explicitly set forth in writing.
1.3. Following the Initial Term, and upon the expiration of any subsequent extension terms, this Agreement will automatically renew for an additional period of one year (the “Renewal Term”) on the same terms and conditions as the Initial Term. Member may terminate this Agreement during the Renewal Term by providing thirty (30) days’ written notice to Company. Company may automatically terminate this Agreement on written notice to Member during the Renewal Term. The Initial Term and the Renewal Term, if applicable, are collectively referred to herein as the “Term”.
1.4. This Agreement may be assigned by Member to a third party, provided, however, that Member will remain primarily responsible under this Agreement throughout the Term, including, without limitation, for payment of all Membership Fees and the Skin Care Starter Package Payment (if applicable) and Member shall keep a valid credit or debit card on file with the Company for the entire Term (and shall have a continuing obligation to update such information throughout the Term).
2. Automatic Payment Agreement.
2.1. Monthly payments of the Membership Fee shall be made in advance by direct debit from Member’s designated credit/debit account. Company will maintain information regarding Member’s designated account on file at the spa. Member may at any time upon not less than ten (10) days’ notice designate a new credit/debit account for payment of the Membership Fees and Company will update its records on such notice. Member authorizes the Company to charge your card on file in lieu of presenting it for any services.
2.2. Member is solely responsible for ensuring that the credit card number on file with the Company is valid so that the Monthly Fee can be charged to such card. Member also authorizes debit/credit card updates through merchant card acquirer list updates. If there is not a valid card on file with the Company at the time a Monthly Fee is charged to that card, the Company may exercise any and all rights available to it, whether under this Agreement or under applicable law, which may include, without limitation, suspension of your membership until payment is made, termination of this Agreement, and imposition of the costs and fees described herein (including, without limitation, the Cancellation Payment and Skin Care Starter Package Payment).
3. Skin Care Starter Package.
Upon Member’s execution of this Agreement, they are being provided with the Skin Care Starter Package. Any products that are finished must be replaced by Member at full retail price. This Skin Care Starter Package will be complimentary to Member in the event they timely pay all Membership Fees throughout the Initial Term. However, in the event Member terminates this Agreement or stops attending treatments for any reason during the Initial Term; the member agrees to pay the full cost either in full or in monthly installments that are the same amount as their regular monthly membership fee each month, or if Company terminates this Agreement during the Initial Term based on Member’s breach of this Agreement, Member shall be responsible for payment of the full retail price of the Skin Care Starter Package, as of the Effective Date, paid by Member prior to termination (the “Skin Care Starter Package Payment”). Member may either pay the Skin Care Starter Package Payment in one lump sum upon termination, or Member is agreeing to and we will charge their credit or debit card on file the monthly installment payment(s) the same rate of their monthly Membership Fee until such time as Member has paid Fees in an amount equaling the full retail price of the Skin Care Starter Package. While Member is paying monthly for the Skin Care Starter Package, Member may continue to utilize the services offered under their package during such period.
4. Termination of Membership by Company.
The Company may terminate this Agreement following: (i) Member’s failure to pay any amounts due under this Agreement for a period of ten (10) days from the date due; (ii) Member knowingly provided false information when applying for membership; or (iii) Member otherwise breaching this Agreement and failing to cure such breach within fifteen (15) days of notice from Company of such breach. In the event Company terminates this Agreement during the Initial Term in accordance with this Section 4, Member shall be required to pay the Skin Carter Starter Package Payment in accordance with Section 3 above.
5. Collection of Amounts Owed Following Termination of Agreement.
In the event Member fails to pay any amounts owed under this Agreement, including, without limitation, the Skin Care Starter Package Payments, Member acknowledges and agrees that such payment obligations will survive the termination of this Agreement. All past due amounts will bear interest at the lesser of: (i) one and one half percent (1.5%) per month; or (ii) the highest legal interest rate. Member agrees to pay all reasonable attorneys’ fees and other costs and expenses related to Company’s enforcement of this Agreement, including, without limitation, any and all fees if this Agreement is sent to a collections agency or other third party to collect amounts owed hereunder, whether or not such costs or expenses are ultimately determined by a court.
In consideration of Member’s membership or for being allowed access to use of the Novuskin Spa facilities, Member hereby WAIVES, COVENANTS NOT TO SUE AND RELEASES ANY AND ALL CLAIMS which may be brought by Member, and their family, estate, heirs and/or assigns, against the Company, and its owners, employees, representatives, independent contractors and/or agents from any and all present and future claims for loss, theft of Member’s property, injury or damages to my person or property, personal injuries and/or death, which do or may exist, now or in the future, whether currently known or unknown, including but not limited to those which arise as a result of Member’s membership, or arise in any way incidental to Member’s membership, use of the facilities and/or equipment (including, without limitation, the Skin Care Starter Package), Member receiving spa treatment(s), Member participating or engaging in any spa activity and any activities incidental thereto, and/or those which occur as a result of Member’s presence on the premises, for any reason whatsoever, wherever, whenever or however same may occur and regardless and irrespective of whether such claims arise or arose as a result of Member’s own negligence, the negligence of any other person or the negligence of the Company, or its owners, employees, representatives, independent contractors and/or agents. Member will defend, indemnify and hold the Company, and its owners, employees, representatives, independent contractors and/or agents harmless therefrom. I further agree to indemnify and hold harmless the Company, and its owners, employees, independent contractors, representatives and/or agents, for any and all of the foregoing.
7. General Provisions.
7.1. Company reserves the rights to vary, add, or eliminate any particular services provided at the spa from time to time or products carried at the spa. Company also reserves the right to modify the spa’s hours with or without notice.
7.2. Member may exchange any faulty products, provided that Member notifies the Company within seven (7) days of enrollment, following which time Company may refuse to provide an exchange for product(s) determined to be defective. A full itemized list of products included in Member’s package and the Skin Care Starter Package is included on the initial invoice provided to Member at the time of enrollment.
7.3. Company strictly enforces a 24-hour cancellation and rescheduling policy. Any appointment missed, cancelled, or changed with less than 24-hours’ notice will result in the appointment being taken off of Member’s package.
7.5. In the event of termination of this Agreement for any reason, in addition to the other rights and remedies set forth herein and available at law and in equity, Company may charge Member for any complimentary products, services, treatments, or other promotional gifts provided to Member during the Term at Company’s individual pricing rates effective on the date such products or services were provided.
7.6. Member affirms that they are of legal age and voluntarily and freely entering into this Agreement. Member has read this Agreement in full and understands all terms set forth herein and understands and acknowledges that by executing this Agreement, Member is giving up certain legal rights and remedies they may have now or in the future. Member further acknowledges and agrees that this Agreement contains the entire understanding of Member and Company with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral or written, with respect to such matters.
7.7. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof.
7.8. This Agreement shall be governed by the laws of the State of Colorado, without regard to its conflict of laws rules. Any action or proceeding arising out of or in connection with this Agreement shall be brought only in a state court in the State of Nevada (the “Nevada Court”), and the parties consent to the exclusive jurisdiction of the Colorado Court for purposes of any action or proceeding arising out of or in connection with this Agreement.