Membership Agreement
Terms and Conditions
By signing, you agree (a) to purchase a "Signature Membership" offered by 28 Skin Envy LLC and (b) to be bound by this Agreement, including the Terms and Conditions attached as Exhibit A, the Description of Services attached as Exhibit B, and the rules and regulations of the facilities where the Program is offered.
The fee for the Program is Sixty-Five Dollars ($65.00) per month. You hereby authorize 28 Skin Envy LLC to charge the Monthly Fee to the credit card account you have on file, each month of your membership starting on the Commencement Date, or the first business day thereafter, and continuing, during the term of your membership, on the last day of that month and each month thereafter.
The services included in the Program and 28 Skin Envy LLC, including their hours of operation are as set forth on Exhibit B and Schedule A attached hereto, each of which is incorporated herein by reference.
Please be advised that you have the right to cancel this Agreement (1) for any reason within fifteen days after the Commencement Date, in which case you will be entitled to a full refund of any monies already paid (less the retail value of any services you may have used) and (2) thereafter, in accordance with the Terms and Conditions, if you are unable to utilize the Program due to (a) death, (b) disability, (c) illness, (d) injury, (e) a change in residence that is more than 25 miles from 28 Skin Envy LLC, (f) your being called to active duty by the United States Military and deployed outside of the state of the Primary Spa Location, or (g) if the Program and/or the Primary Spa Location fails to open, permanently discontinues operations, or substantially changes its operation (collectively, the “Cancellation Grounds”).
In order to effectively exercise any right of cancellation, you must notify 28 Skin Envy LLC of your intention to cancel in writing in person or by certified or registered mail at the address set forth above. In the event cancellation is due to (i) illness or injury, a doctor’s certification of the same must accompany your notice of cancellation or (ii) your being called to active duty, you or your legally designated representative must include a copy of your official military orders with your notice of cancellation, with such notice being provided within 90 days after your call to active duty.
You acknowledge receiving and reading a copy of this Agreement before signing. This Agreement, together with all exhibits and schedules attached hereto, are accepted and agreed to by you as of the date set forth above. Subject to the Terms and Conditions.
Exhibit A: Terms and Conditions
This Agreement uses the words “you” and “your” to mean the individual whose name is identified on page 1 of this Agreement under the heading “Member Name” and who executed this Agreement on such page, which individual is from time to time referenced herein as “Member”.
Membership Fee
You are responsible to ensure that the credit card number on file with 28 Skin Envy LLC is valid so that the Monthly Fee can be charged to that card. You may change the credit card provided at any time, provided, however, that it is your responsibility to make sure that there is always a valid credit card number on file with 28 Skin Envy LLC for payment of the Monthly Fee. If there is not a valid credit card number on file with 28 Skin Envy LLC at the time the Monthly Fee is charged to that card and one is not provided within 14 days after the regularly scheduled date for payment, 28 Skin Envy LLC may exercise any and all rights available to it, whether under this Agreement or under applicable law, which may include, but are not limited to, suspension of your membership in the Program until such payment is made, assessing a late payment fee of $25.00, and/or terminating this Agreement. The Membership Fee cannot be combined with any other promotion or discounts.
Membership Term
The initial term of your membership is month-month from the Commencement Date (the “Initial Membership Period”). Your membership will automatically renew for one month until cancelled.
Cancellation
You may cancel your membership in the Program as described on the first page of this Agreement, with notice of cancellation being in writing and delivered in person or mailed by registered or certified United States mail to 28 Skin Envy LLC at the address set forth on page 1. In addition, 28 Skin Envy LLC may grant a request for cancellation for a reason not stated herein, in its sole discretion; such discretionary cancellation will be effective as of the date the next Monthly Fee is due and you will be required to pay for the Program until such time. Any and all notices of cancellation must be accompanied by the membership cards and any other documents or evidence of membership previously delivered to the buyer. In the event you cancel for any of the Cancellation Grounds listed on page 1 hereof, you will be responsible for payment through the date of 28 Skin Envy LLC’s receipt of such notice of cancellation, or such later date as you may specify (the latter of which shall be referred to as the “Effective Date”). You, or your estate, will be entitled to a refund of the Monthly Fee for the month within which the membership is effectively cancelled less the portion of the Monthly Fee representing the amount of time that the services or facilities were used prior to cancellation, provided, however, that 28 Skin Envy LLC may demand or retain the reasonable cost of goods and services which you consumed and/or wish to retain after cancellation of your membership in the Program. Such refund shall be payable within ten (10) business days of the Effective Date. No cancellation will eliminate any financial obligations owed by you to 28 Skin Envy LLC prior to the effective date of such cancellation. Other than as explicitly set forth in this Section 3, nothing set forth herein will entitle you to a refund of any other amounts previously paid to 28 Skin Envy LLC under this Agreement. No refunds will be given for any benefits which you have accrued but have not used as of the time your cancellation becomes effective, including by way of example, but not of limitation, any sessions or services that you have carried over or would otherwise be entitled to as a Member.
Membership Suspension
28 Skin Envy LLC, in its sole discretion, may agree to suspend your membership upon your request for up to two months in the event of a significant change in your circumstances not otherwise provided for herein, provided that any request for cancellation or suspension of this Agreement must be accompanied by written documentation, reasonably acceptable to 28 Skin Envy LLC, supporting the claim of change in circumstances (each a “Membership Suspension”). The granting of a Membership Suspension will be deemed to be effective as of the date that the next Monthly Fee is due. No suspension will eliminate any financial obligations owed by you to 28 Skin Envy LLC prior to the effective date of such suspension and will only apply to future payments of the Monthly Fee. A suspension permitted under this Section will not result in a refund of any amounts previously paid to 28 Skin Envy LLC under this Agreement. In the event you elect to suspend your membership in the Program rather than cancel it because you are on active United States military duty, we will cancel this Agreement if you do not reinstate it within two years after the date of suspension. During a Membership Suspension or a military active duty suspension, you are not entitled to any Program benefits. Following the expiration of your inactive status, the Monthly Fee will be automatically charged to your credit card without notice. Your membership term will be extended by the amount of time your membership is suspended.
Closings
From time to time, a part of, or the entirety of, 28 Skin Envy LLC will be temporarily unavailable to members while repairs, renovations or special events take place or governmental permits or licenses are received. 28 Skin Envy LLC will make every effort to minimize any disruption to members during these periods. 28 Skin Envy LLC may be closed for holidays. Hours of operation are displayed in 28 Skin Envy LLC and may be modified from time to time at the sole discretion of 28 Skin Envy LLC.
Release and Waiver
In consideration of your membership in the Program, you hereby waive and release 28 Skin Envy LLC from any and all claims for damages, injury, or loss incurred or sustained by you in connection with or arising out of your membership in the Program or use of the facilities or services provided therein. This release shall apply to any and all claims arising out of your participation in the Program or in connection with the facilities or services provided therein, and includes claims for ordinary negligence, and it shall be binding on your heirs, executors, administrators, and assigns. You understand and acknowledge that your participation in any activities, programs, or services provided by 28 Skin Envy LLC is at your own risk and you assume full responsibility for any and all injuries, damages, or losses that you may sustain as a result of participating in the Program or use of the facilities or services provided therein.
Indemnification
You agree to indemnify and hold harmless 28 Skin Envy LLC from any loss, damage, or liability incurred as a result of your actions or omissions arising from or in connection with your membership in the Program, and you further agree to reimburse 28 Skin Envy LLC for any costs or expenses incurred by 28 Skin Envy LLC in defending against any claims, including reasonable attorneys’ fees. You acknowledge that 28 Skin Envy LLC reserves the right to assume, at its expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, and that you will cooperate fully in the defense of such claims.
Miscellaneous
This Agreement contains the entire agreement between you and 28 Skin Envy LLC and supersedes all prior agreements or understandings, whether oral or written, relating to the subject matter hereof. No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties. This Agreement shall be governed by the laws of the State of New Jersey, and you hereby consent to the exclusive jurisdiction of the courts located in New Jersey for any dispute arising out of or relating to this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.