OVME BEAUTY BANK PROGRAM AGREEMENT
This OVME Beauty Bank Program Agreement (“Agreement”) is made by and between OVME (“we,” “us,” or “OVME”) and the member who has acknowledged and accepted the terms of this Agreement (“you,” “your,” or the “Member”).
Your Beauty Bank Membership Benefits
Your membership provides the following benefits subject to the terms and conditions in this Agreement.
|
MEMBERSHIP LEVEL |
MAINTAIN |
RESET |
TRANSFORM |
|
Monthly Beauty Bank Credits |
$99 in Beauty Bank Credits each month |
$149 in Beauty Bank Credits each month |
$199 in Beauty Bank Credits each month |
|
Discounts |
15% off all OVME services and products |
15% off all OVME services and products |
20% off all OVME services and products |
|
Birthday Gift |
Upgrade to Express Hydrafacial, DiamondGlow Signature Facial, or Level 1 or 2 Chemical Peel in the month of Member’s birthday |
Upgrade to Deluxe Hydrafacial, DiamondGlow Deluxe Facial, or Level 3 Chemical Peel in the month of Member’s birthday |
Upgrade to Platinum Hydrafacial, DiamondGlow Platinum Facial, or Level 3 Chemical Peel in the month of Member’s birthday |
|
Anniversary Gift |
- |
$150 service allowance in the month of Member’s anniversary of membership enrollment (applicable each anniversary) |
$200 service allowance in the month of Member’s anniversary of membership enrollment (applicable each anniversary) |
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Priority Booking |
OVME will make all reasonable efforts to prioritize bookings for members, subject to availability |
OVME will make all reasonable efforts to prioritize bookings for members, subject to availability |
OVME will make all reasonable efforts to prioritize bookings for members, subject to availability |
Other terms and conditions of the membership benefits above:
- Birthday Gifts are eligible to be used as a complimentary upgrade from a lower level of service purchased. The Member remains responsible for the cost of the underlying service, which may be paid using Beauty Bank Credits.
- OVME reserves the right to provide members with an equivalent facial treatment using a different device, such as DiamondGlow, in lieu of Hydrafacial in studios where that device is available. This is considered an equivalent benefit.
- Birthday Gifts and Anniversary Gifts (i) must be used in the month the benefit is made available and will expire if unused; and (ii) may not be combined or used with any other promotional offer.
The OVME Beauty Bank Program
The OVME Beauty Bank Program terms are as follows:
- As part of your enrollment in the OVME Beauty Bank Program, you agree to pay the applicable monthly Beauty Bank membership fee for the membership tier you select. Your monthly Beauty Bank membership fee will be charged in accordance with this Agreement and, upon successful payment, will be applied to your Beauty Bank Credit balance as described below.
- Following each successful monthly Beauty Bank membership payment, OVME will apply to your Beauty Bank Credit balance a corresponding dollar value equal to your applicable monthly Beauty Bank membership fee (“Beauty Bank Credits”). Beauty Bank Credits are membership benefits, are nontransferable and not giftable, may not be redeemed for cash or credit, and are subject to the terms of this Agreement.
- Your Beauty Bank Credit balance is a record of service credits available to you under this Agreement. It is not a bank account, deposit account, savings account, or any other account holding funds on your behalf.
- Unused Beauty Bank Credits roll over from month to month and do not expire while your membership remains active and in good standing.
- Beauty Bank Credits may be redeemed, in whole or in part, toward the purchase of eligible OVME services as designated by OVME from time to time. Beauty Bank Credits may not be used toward the purchase of retail products, packages, gift cards, gratuities, or any other items excluded by OVME. Beauty Bank Credits may be combined with other accepted forms of payment to pay for eligible services when the available credit balance is less than the total purchase price.
- The minimum commitment period for this membership in the Beauty Bank Program is 4 months, subject only to the cancellation terms set forth in this Agreement (“Initial Term”).
What Happens to Your Beauty Bank Credits Upon Cancellation
- Upon cancellation or termination of this Agreement, you will stop being charged the monthly membership fee, you will stop accruing new Beauty Bank Credits, and your membership benefits will end as described below.
- Beauty Bank Credits accrued before the effective date of cancellation or termination remain available to you for use toward eligible OVME services. Those credits remain nonrefundable, nontransferable, and not redeemable for cash or credit, except as required by applicable law.
- Any remaining Beauty Bank Credits will be applied toward eligible services at OVME’s then-current nonmember pricing.
- All other membership benefits, including Birthday Gifts, Anniversary Gifts, priority booking, and any promotional credits or member-only offers, end on the effective date of cancellation or termination.
- For clarity, your Beauty Bank Credits do not expire.
- OVME reserves the right to modify your OVME Beauty Bank Program membership benefits in its sole discretion, unless such changes materially diminish the services offered.
Your OVME Beauty Bank Program Membership Term and Fees
By signing this Agreement, you are committing to an initial four-month membership term (“Initial Term”) beginning on the date you sign this Agreement. At the end of the Initial Term, this Agreement will automatically renew and continue on a month-by-month basis until either you cancel, or we terminate this Agreement in accordance with its terms.
Payment of OVME Beauty Bank Program membership fees will be made by you via a credit card or ACH debit from your bank account, the information for which will be kept on file by OVME for payments by you. By signing this Agreement, you authorize us to automatically collect your OVME Beauty Bank Program membership fees from your designated form of payment upon initial sign up and thereafter each month for monthly membership fees until you cancel or we terminate this Agreement under its terms.
Your first monthly membership fee is charged on the date you enroll, and your first Beauty Bank Credits are applied to your balance at that time, and are available for use that same day. You agree that OVME may adjust your recurring billing date to the first day of the calendar month at any time within thirty (30) days following your enrollment date, and that no advance notice is required for that initial adjustment. Thereafter, your monthly membership fee will be collected on or about the first day of each month during the membership period. OVME may opt to collect fees on a different date each month at its discretion so long as collection of membership fees is only made once per calendar month. We will provide you written notice at least 45 days in advance of any subsequent change to your recurring billing date.
You agree that after your Initial Term ends we may change the amount of your recurring monthly membership payment by providing you written notice at least 45 days in advance of the change. The written notice will be mailed or emailed to you at the address(es) you provide above or to any updated mailing address or email address you provide in writing.
Effect of Promotional Offers
From time to time, OVME may offer limited-time promotional pricing or benefits for Beauty Bank memberships. If you enroll in a Promotional Offer, the promotion-specific terms provided to you in a confirmation email apply only for the period stated in the Promotional Offer terms and conditions. Any promotional period does not count toward your Initial Term, and your four-month Initial Term begins at the end of the promotional period. Unless expressly stated in the Promotional Offer terms and conditions, at the end of the promotional period your membership automatically reverts to the then-current standard terms and pricing for your selected Beauty Bank tier.
OVME Beauty Bank Program Membership Cancellation
You may cancel this Agreement without any penalty or obligation within 3 business days from the date you accept the terms of this Agreement and receive a full refund of all payments made to OVME for the OVME Beauty Bank Program. You may also cancel this Agreement if upon a doctor's order you cannot physically receive the services, or you may cancel the Agreement if the services cease to be offered as stated in this Agreement. If you cancel the Agreement for either of these reasons, OVME may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to OVME of any related goods which you have consumed or retained. This contract or note is for future consumer services and puts all assignees on notice of the consumer’s right to cancel under Chapter 2-18, F.A.C.
You may cancel this Agreement for any reason after the Initial Term. To cancel, email help@ovme.com, call the OVME Consumer Excellence team, or submit your request in person at your studio. Your cancellation request will be effective 30 days after it is received. Any payments due under this Agreement before the cancellation or termination effective date will be collected by us as scheduled.
Additional Terms and Conditions
Updated Information: For purposes of identification and billing, you agree to provide OVME with current, accurate, complete, and updated information including your name, address, telephone number, and applicable payment data. You agree to notify OVME promptly of any changes in your information, including your payment data.
Termination by OVME: OVME reserves the right to terminate or refuse to renew this Agreement for any reason not prohibited by law including, but not limited to, an unsatisfactory payment history. OVME reserves the right to collect at any time any delinquent or outstanding balance(s) that has not been paid for any services provided or monthly payments owed.
No-Show Policy: SAME DAY “no-shows” or appointment cancellations that occur within 24 hours of an appointment will be charged a no-show/cancellation fee specified by OVME in its sole discretion. Applicable no-show/cancellation fees will be indicated at the time of booking or per stated OVME policy which may be posted in studio or on the applicable OVME membership program landing page on the OVME website. If you cancel more than 24 hours prior to a scheduled appointment, there will be no fee charged.
Transferability: You may not transfer your rights or obligations under this Agreement to anyone else without our prior written consent. We may assign or transfer this Agreement or any of our rights under it without notice to you, except as otherwise required by law.
Monthly Studio Membership Freeze Election by Member: At any time after the Initial Term, you may elect to place your membership on freeze without canceling for a period of up to three (3) consecutive months on one (1) occasion in any twelve (12) month rolling calendar period. If you elect to place your membership on freeze under these terms, you will be required to pay a fee of $25 per month for a membership freeze. To freeze, email help@ovme.com, call the OVME Consumer Excellence team, or submit your request in person at your studio. Upon conclusion of the membership freeze period, your membership will resume its full membership status and your regular monthly membership billings will resume. In addition, fees you pay to place your membership on freeze will be applied to your Beauty Bank Credit balance for use on OVME services in the future (i.e., a maximum of $75 in Beauty Bank Credits if you place your membership on freeze for the full three month period allowable). You will not accrue any Beauty Bank Credits or other membership benefits while your membership is on freeze, and you will not be able to use any membership benefits, including any previously accrued Beauty Bank Credits, during your membership freeze.
Entire Agreement and Severability: You, as the Member, and OVME acknowledge that this Agreement constitutes the entire agreement with respect to the terms and conditions associated with the OVME Beauty Bank Program. Nothing herein affects or modifies the separate terms and conditions of service which govern the services provided to you by OVME, including any consents to receive treatment and services by OVME professionals. This Agreement shall be enforceable by OVME, LLC and its parent companies, subsidiaries, successors, assigns, and affiliates, including the legal entity that controls the studio with which the Member has entered into this Agreement, and may be enforced against your heirs and legal representatives. We may delay enforcing any of our rights without losing them. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
Jurisdiction: To the full extent permissible by law, for purposes of any dispute arising out of this Agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the courts located in the county and state in which services are provided to member by OVME and to the application of the state law where such services are provided.
Text Messages and Phone Calls: With your consent, we may send you advertising text messages to the number you provide. These text messages may be sent via an automatic telephone dialing system. You are not required to consent to advertising text messages to become an OVME member or to purchase goods/services. Separately, we may send you informational reminder text messages, which are not promotional messages, to the number you provide. For all text messages, standard message and data rates apply. We may contact you by telephone at the phone number you provide.
Use of Personal Information: For information on how OVME may collect and process your personal information please see the OVME Privacy Policy available at https://ovme.com/pages/privacy-policy, as may be changed from time to time, which is incorporated in this Agreement as if fully set forth herein.
NOTICE: We are hereby informing you that should you choose to pay for any part of your membership in advance, be aware that you are paying for future services and may be risking loss of your money in the event OVME ceases to conduct business in the location where you primarily receive services, or at all. OVME does not post a bond, and no other protections may be provided to you should you choose to pay in advance.
I ACKNOWLEDGE AND AGREE THAT I UNDERSTAND THE PROVISIONS CONTAINED WITHIN THIS AGREEMENT, HAVE HAD ADEQUATE TIME TO REVIEW SUCH PROVISIONS BEFORE SIGNING, AND HAVE BEEN PROVIDED A PRINTABLE COPY OF THIS AGREEMENT. I AFFIRM THAT I AM OF LEGAL AGE AND AM FREELY ENTERING INTO THIS AGREEMENT. I AGREE TO COMPLY IN FULL WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND MY ACCEPTANCE OF THESE TERMS BY ELECTRONIC MEANS SHALL BE FULLY BINDING ON ME.