Membership Terms & Conditions
This Membership Agreement hereinafter referred to as "Agreement," is entered into and made effective as of the date it was signed by and between the following parties:
NatuLash LLC ("Organization"), a limited liability company, organized under the laws of the state of California, having its principal place of business at the following address:
4565 Ruffner st, STE 208, San Diego, CA 92111
Website Address: natulash.org
Email: help@natulash.org
and Member who signed and completed this Agreement.
Organization and Member may be referred to individually as "Party" and collectively as the "Parties”.
RECITALS:
WHEREAS, the Organization is designed for the following purpose: Eyelash extensions service, Lash lift, and Brow lamination service;
WHEREAS, Member would like to become Member of the Organization and acknowledges and agrees to be bound by the terms and conditions listed herein;
The Parties do agree as follows:
Article 1 - MEMBERSHIP:
1.1 This Agreement forms a legally binding agreement between Member and Organization and governs the Member's access and use of the Organization's services (the "Membership Services") and physical facilities. This Agreement also covers the Organization's provision of services (the "Membership Services") and physical facilities. Hereinafter, "you" will refer to a Member.
1.2 BY ACCESSING OR USING ANY OF THE MEMBERSHIP SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO.
Article 2 - MEMBERSHIP SERVICES:
2.1 Membership includes access to one standard eyelash extension infill appointment per week/ two weeks/ three weeks, 10% off Products, and 10% Off any Add-on Services (Brow waxing, lamination, tinting, etc) for one month since signing up day.
2.2 The Membership Services provided by the Organization also include the use of the Organization's physical facilities at the following address:
4565 Ruffner st, STE 208, San Diego, CA 92111
2.3 The membership is automatically prolonging when the membership fee is successfully paid on the due date of each month.
Article 3 - FEES:
3.1 There are no sign-up or cancellation fees.
3.2 Members will be responsible for the payment of fees ("Fees") to the Organization each month. The monthly Fees will be the following:
Unlimited infills - $325 (Three hundred Twenty Five US dollars)
2-week infills - $208 (Two hundred Eight US dollars)
3-week infills - $161 (One hundred Sixty One US dollars).
3.3 Your first month's membership payment has to be paid on the day of signing up.
3.4 Members will be responsible for a monthly payment of fees to NatuLash company until their Membership is canceled.
3.5 You will be automatically charged monthly payments on the Monthly Due Date according to your type of membership.
Fees may be paid via the following methods: Credit card, Debit card.
3.6 Failure to pay a Membership fee for up to 5 days will result in Membership cancellation without the ability to redeem unused fills.
Article 4 - TERMINATION:
4.1 This Membership Agreement shall continue until terminated by either Party.
4.2 In order for Member to cancel, a notice must be provided to the Organization by sending an email to help@natulash.org.
4.3 This Agreement may also be immediately terminated in the event that there is a breach of the terms of this Agreement by either Party. This Agreement will also immediately terminate upon the inability of the Member to pay the Fees required, the liquidation, dissolution, or discontinuance of the Organization by the Organization in any manner, or the filing of any petition by or against the Organization under federal or state bankruptcy or insolvency laws.
4.4 Cancellation of your membership will terminate any benefits that come with the membership including unused services.
4.5 NatuLash company has the right to modify the terms and conditions of a Membership including the fees and prices without cause at any time. In case of changing any of the terms or conditions to a Membership Agreement, NatuLash company will notify members by email they provided upon registration.
4.6 You have a right to freeze your membership for up to two weeks total by giving the Organization a notice by sending an email to help@natulash.org.
4.7 Membership is non-refundable. Any remaining credits cannot be refunded.
Article 5 - Appointment modifications:
5.1 Any changes or cancellations to any appointments must be made 24 hours prior to the scheduled service time and date. Any changes, cancellations, or no-shows made within 24 hours will result in a rescheduling, cancellation, or no-show fee.
Rescheduling fee (in case a client wants to modify their appointment within 24 hr notice), no-show or cancellation fee equal $50 (Fifty US Dollars).
5.2 Late Policy. Clients that are over 30 minutes late may be subject to rescheduling or canceling with a cancellation fee. If the client is unable to arrive on time and Stylist agrees to perform a procedure, the time for the services won't be extended nor the price will be changed. Less time for a procedure may affect the outcome of the service. In this case, Company does not take responsibility for the results.
5.3 If you fail to pay a cancellation fee, no-show fee, late fee, or rescheduling fee NatuLash company has a right to cancel your Membership. You will still be reliable for any fees you owe to a Company that can be deducted from your unused Membership credit in the event of Membership cancellation.
Article 6 - RESTRICTIONS:
6.1 You are prohibited from, and expressly agree that you will not:
access or use any Membership Services in an unlawful or unauthorized manner, or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity;
use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Membership Services or any part thereof, except as expressly authorized in this Agreement or as part of the Membership Services provided to you;
Article 7 - MEMBER CONSENTS:
7.1 Member agrees to hold the Organization, its owners, affiliates, and representatives, harmless from any damage, whether tangible or intangible, that may happen to Member while participating in the Membership Services.
7.2 Member agrees that the Organization offers its membership program with no guarantee of results of any kind. Members agree that any results that occur during their membership, whether positive or negative, are the effects of Member's own personal choices.
7.3 Member agrees and verifies that all of the information they have given the Organization and its representatives is accurate, up to date, and without the omission of any requested information.
7.4 Member agrees and verifies that even if they have omitted any necessary personal information, whether knowingly or unknowingly, they will hold the Organization harmless against all liability for any damages that may occur to Member or others because of Member's actions or inactions.
7.5 Member agrees to notify the Organization Membership Group of any changes or upcoming changes concerning their personal information.
7.6 By signing our consent form you acknowledge and agree to the terms of service, cancellation policies, procedure process, and any potential risks. By signing this form you also give us permission to use photographs of your service in our social media and website.
Article 8 - ASSUMPTION OF RISK:
8.1 Member agrees and understands that their participation in the Membership Services may involve risks. These risks may lead to tangible or intangible harm, and Member agrees that these risks may result not only from their own actions but also from the actions of others. With the knowledge and understanding of these risks, Member chooses, of their own will and volition, to continue participating in the Membership Services.
Article 9 - INDEMNIFICATION:
9.1 Member agrees to defend and indemnify Organization and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Member's use or misuse of the activities, Member's breach of this Agreement, or Member's conduct or actions.
Article 10 - REPRESENTATION:
10.1 Member agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement.
Article 11 - ENTIRE AGREEMENT:
11.1 This Agreement constitutes the entire understanding between the Member and the Organization with respect to any and all use of the activities and facilities. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties' relationship.
Article 12 - COUNTERPARTS:
12.1 This Agreement may be executed in counterparts, all of which shall constitute a single agreement. The Agreement shall be effective as of the date set forth above.
Article 13 - SURVIVAL:
13.1 Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 14 - SEVERABILITY:
14.1 If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.
Article 15 - DISPUTE RESOLUTION:
15.1 In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of California. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organization will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Article 16 - GOVERNING LAW:
16.1 This Agreement shall be governed by and construed in accordance with the internal laws of California without giving effect to any choice or conflict of law provision or rule. Each Party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: San Diego.
Article 17 - NOTICES:
17.1 All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other, personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving Party has received the Notice and (b) the Party giving the Notice has complied with the requirements of this Section.
Article 18 - HEADINGS:
18.1 Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.
IN WITNESS WHEREOF, the Parties execute the Agreement as follows:
Company Name:
NatuLash