Membership Terms and Condition
These Skin Artistry Beauty Bar Membership Terms and Conditions (“Terms”) apply to your Skin Artistry Membership (“Membership”) and all services provided by Skin Artistry Beauty Bar in connection therewith. By signing this agreement or booking or receiving services with Skin Artistry Beauty Bar (such date the “Effective Date”), you agree that you have read, understand and agree to be bound by these Terms. Skin Artistry Beauty Bar may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Skin Artistry Beauty Bar, which shall be communicated to you in writing (including, without limitation, via email). Following such notice, your continued booking and/or receiving services with Skin Artistry Beauty Bar shall constitute your acceptance of any updates or changes to these Terms.
Services. You are subscribing to one of the Skin Artistry Membership service tiers at the rates and for the services (“Services”) as posted on the Skin Artistry Beauty Bar Website which may be updated from time to time by Skin Artistry Beauty Bar in its sole discretion by providing notice to you. Booking any Service after notice of such change(s) to the service tiers shall constitute your consent to such service tier change(s). Skin Artistry Beauty Bar may offer certain promotions from time to time in its sole discretion, which may include limited introductory rates, packages or other offerings, and such promotions may be limited to certain dates, times or locations or have specific eligibility requirements, use periods or other limitations (“Promotions”). All Promotions are subject to change. Promotions may be communicated to you in person, online or in writing. Unless otherwise provided, all Promotions will be subject to these Terms. You acknowledge and agree that, unless you cancel your Membership, any unused service credits from one month will roll over to the next month. In the event you cancel your Membership, all unused credits and benefits will be automatically forfeited, and you will not be refunded for any unused credits.
Membership Term. If you are a new or returning member, you agree to the initial Membership term established at the time of booking and as set forth on your Customer Profile from the Effective Date (“Minimum Term”). During the Minimum Term, you will not cancel your Membership. After the Minimum Term for new members or if you are an existing member, your Membership shall automatically renew on the monthly anniversary date of the Effective Date (“Billing Date”), unless otherwise modified or cancelled by you or terminated by Skin Artistry Beauty Bar in accordance with these Terms. You will receive access to the Skin Artistry Beauty Bar customer portal through Skin Artistry Beauty Bar website which will contain your Membership information and your Minimum Term (your “Customer Profile”). The records contained in your Customer Profile are an integral part of these Terms and are hereby incorporated by reference.
Monthly Fees; Payment. All Payments Non-Refundable. You are responsible for and will be automatically charged the current monthly fee associated with your selected membership tier (“Monthly Membership Fee”) on the Billing Date, unless your Membership is cancelled by you or terminated by Skin Artistry Beauty Bar in accordance with these Terms. As a courtesy, you may skip your monthly charge for a minimum of one (1) month up to three (3) consecutive months by paying a $25 per calendar month skip fee for each month skipped and by providing Skin Artistry Beauty Bar at least seven (7) calendar day advance written notice prior to the Billing Date (a “Skip” and the period a “Hold Period”). During this Hold Period, your unused membership benefits will roll into the next month for use. After the Hold Period ends, billing of your recurring membership fee will automatically resume. In the event you Skip for three (3) consecutive months and do not resume payment of your regular Membership fee by the fourth (4th) month, your membership will be cancelled automatically by Skin Artistry Beauty Bar and all unused benefits shall be forfeited. You will provide Skin Artistry Beauty Bar up-to-date, valid payment information in the form of a credit or debit card of which you are the legal cardholder or you are authorized to use by the legal cardholder. You acknowledge and agree that you are providing such payment information and authorizing Skin Artistry Beauty Bar to charge the provided payment information and collect payment for the automatic, recurring Monthly Membership Fee or permitted Skip monthly fee on or around the Billing Date. If your payment method is declined or is no longer valid when charged by Skin Artistry Beauty Bar, you will immediately supply alternative payment methods and pay any past due Monthly Membership Fees of Skip fees. In the event of your breach of these Terms, the entire remaining balance shall be immediately due and payable, and Skin Artistry Beauty Bar shall be entitled to suspend or terminate your Membership upon which all unused benefits will be forfeited (in addition to all other remedies available under these Terms or at law, which Skin Artistry Beauty Bar does not waive by the exercise of any rights hereunder).
Payment Disputes. You acknowledge and agree that you are responsible for all Monthly Membership Fees unless and until you cancel your Membership or your Membership is terminated by Skin Artistry Beauty Bar in accordance with these Terms. You agree to immediately notify Skin Artistry Beauty Bar in writing in the event of a dispute for any charged amounts and cooperate with Skin Artistry Beauty Bar in good faith to resolve such dispute. Further, you agree that you will not initiate a dispute with your card issuer in connection with Skin Artistry Beauty Bar’s automatically recurring billing of Monthly Membership Fees that are accurate and are billed prior to the cancellation or termination of your Membership.
Cancellation and Termination. To cancel your Membership, you must visit, email or call Skin Artistry Beauty Bar at least seven (7) calendar days in advance of your Billing Date and execute the Skin Artistry Beauty Bar Membership Cancellation Form. Skin Artistry Beauty Bar may terminate your Membership upon written notice to you for any reason or no reason.
IN NO EVENT SHALL SKIN ARTISTRY BEAUTY BAR BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SKIN ARTISTRY BEAUTY BAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SKIN ARTISTRY BEAUTY BAR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR SERVICED PROVIDED HEREUNDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED TWO (2) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SKIN ARTISTRY BEAUTY BAR IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These Terms and all matters arising out of or relating to these Terms or the Services provided hereunder, are governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction. Either party shall institute any legal suit, action, or proceeding arising out of or relating to these Terms or the Services provided hereunder in the federal or state courts in each case located in Houston, Texas. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY: (A) CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE AFOREMENTIONED COURTS; AND (B) WAIVES ANY OBJECTION TO THAT CHOICE OF FORUM BASED ON VENUE OR TO THE EFFECT THAT THE FORUM IS NOT CONVENIENT; (C) WAIVES ANY RIGHT TO TRIAL BY JURY; AND (D) WAIVES PERSONAL SERVICE OF ANY SUMMONS, COMPLAINT, OR OTHER PROCESS, WHICH MAY BE MADE BY ANY OTHER MEANS PERMITTED BY TEXAS LAW.