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Preferred Client Service Program – Membership Agreement

Last Name: / First Name: / Program Level:
Choose Program:BasicBronzeSilverGoldDiamondPlatinumExecutivePresidentialPremier
Address: / Hair Length: / Standard (8" or less) / Extra Length (greater than 8")
City: / State: / Zip: / Monthly Service Fee: / Payment Commences:
Phone: / Email: / Payment Method:
Center:
/ Anniversary Date:

1.  Enrollment for Services

I wish to purchase from ("Hair Club") a Membership in its Preferred Client Service Program at the level set-out above and pursuant to the terms and conditions set-out herein. I understand that this is primarily an agreement for the performance of hair care services and not an agreement for the sale of property. I further understand that a description of my membership services and my representations and obligations to Hair Club are attached hereto and form part of this Agreement.

2.  Term

The initial term of this Agreement shall be one (1) year from my "Anniversary Date" set-out above. I agree that this Agreement shall renew automatically on the following year's Anniversary Date, and annually on each Anniversary Date thereafter (each such period a "Renewal Term") unless, either party gives thirty (30) days written notice prior to the Anniversary Date that they wish to discontinue this Agreement. I acknowledge that Hair Club's notice address is set-out in Section 10 below.

3.  Monthly Service Fee

Upon execution of this Agreement I agree to pay the Monthly Service Fee as set out above, and as the same may change in accordance with this Agreement, on the first day of each month of this Agreement, including all Renewal Terms. I agree my Monthly Service Fee shall be paid by automatic deduction from my credit card or bank account as set-out in Section 4 below. I understand and agree that Hair Club has the right, once per calendar year, to increase my Monthly Service Fee by up to 2.25% without further notice to me. Hair Club shall not be permitted to increase my Monthly Service Fee greater than 2.25% per year unless they provide no less than six (6) months notice. Notwithstanding the foregoing, I understand and agree that my Monthly Service Fee shall be increased according to Hair Club's fee schedule if my head of hair is longer than 8 inches.

4.  Payment Authorization

I agree and hereby authorize Hair Club to charge my credit card ("Card Payment"), or initiate an electronic finds transfer out of my bank account ("EFT Payment") or from any replacement credit card or bank account for payment of all Monthly Service Fees or any other amounts payable under this Agreement. I agree to provide current, complete and accurate information for my billing account, and to promptly update any changes (such as a change in billing address, credit card number, credit card expiration date, bank account number). If I fail to provide Hair Club with any of the foregoing information, I agree that Hair Club may continue charging me the Monthly Service Fee. I agree that the attached "Billing Account Information Form" forms part of this Agreement and the information contained therein is true and correct. I agree that if any Card Payment or EFT Payment is declined or if there are insufficient funds for payment, Hair Club may charge me an additional $25.00 service fee ("Late Fee"). I understand that I am entitled to notice of all varying Card Payments and EFT Payments, but I waive the right to receive prior notice for Card Payments or EFT Payments made with respect to any unpaid Monthly Service Fees and Late Fees, all of which I agree are not varying Card Payments or EFT Payments. I understand that I am in full control of my payments and that this payment authorization shall remain in effect until this Agreement is terminated by providing the appropriate notice in accordance with the terms herein. I may timely notify the financial institution in control of my credit card or bank account to terminate this payment authorization, but such notification shall not otherwise affect this Agreement and my obligations herein. I agree that Hair Club shall not be responsible and I shall be accountable for any expenses that I may incur resulting from overdrawing of my bank account or exceeding my credit limit as a result of an automatic charge made under this Agreement. I agree that if Hair Club chooses to use any collection agency or attorney to collect money that I owe them or to assert any other right that they may have against me, I agree to pay the reasonable cost of collection or other action including, but not limited to, the costs of a collection agency, reasonable attorney's fees and court costs.

5. No Transfers

I agree that my right to use the services set-out herein is not transferable to any other person and is subject to any limits established by Hair Club.

6. Governing Law

I agree that this Agreement shall be governed and construed in accordance with the laws of the state of without giving effect to principles of conflicts of law.

7.  Miscellaneous

If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term. If this cannot be done and the entire term is invalid, illegal or unenforceable and cannot be so repaired, then the term shall be considered to be stricken from this Agreement as if it had not been included from the beginning. In any such case, the balance of this Agreement shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal or unenforceable term. Hair Club may enforce or decline to enforce any or all of the terms of this Agreement in its sole discretion. In no event shall Hair Club be required to explain, comment on, suffer liability for or forfeit any right or discretion based on its enforcement, non-enforcement or consistency of enforcement of these terms. Captions used in this Agreement are for convenience only and shall not be considered a part of this Agreement or be used to construe its terms or meaning.

I UNDERSTAND THIS AGREEMENT IS COMPRISED OF 3 PAGES AND CONSTITUTES THE ENTIRE AGREEMENT BETWEEN ME AND HAIR CLUB. NO ORAL PROMISES OR VERBAL AGREEMENTS ARE PART OF THIS MEMBERSHIP AGREEMENT. MY SIGNATURE BELOW INDICATES THAT I HAVE READ, UNDERSTAND AND ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGES RECEIPT BY ME OF AN EXECUTED COPY.

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Authorized Agent of Hair Club Member's Signature

______March 31, 2012______

Authorized Agent – Print (Required) Date

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Membership Services, Representations and Obligations

MEMBERSHIP SERVICE LEVEL / SERVICES / Application Service
This service includes replacing your current customized head of hair with a completely new customized head of hair. A stylist will remove the current head of hair in order to properly cleanse your scalp and also perform a soothing scalp massage. A new layer of adhesive will be applied, securing the new hair to your existing hair and/or scalp. We will complete your new look by blending, cutting and styling the new hair in with your own. (Approx. 60-120 mins.)
Full Service
This service includes a deep cleaning and conditioning treatment of your own hair and head of hair to keep the hair and scalp healthy. A stylist will remove the head of hair in order to properly cleanse your scalp and also perform a soothing scalp massage. A new layer of adhesive will be applied, securing the new hair to your existing hair and/or scalp. We will complete your new look by blending, cutting and styling the new hair in with your own. (Approx. 60-120 mins.)
Chemical Service
This service entails changing the existing texture, curl pattern or color of either your own hair or head of hair. Chemical services include but are not limited to perming, relaxing or color services. A chemical service can only be provided in conjunction with another service. (Approx. 30-60 mins.)
* These members receive a monthly hair care kit at no additional cost.
APPLICATION SERVICES / FULL SERVICES / CHEMICAL SERVICES
BASIC / 3 / 3 / N/A
BRONZE / 4 / 4 / N/A
SILVER / 5 / 5 / N/A
GOLD / 6 / 6 / N/A
DIAMOND / 8 / 9 / N/A
PLATINUM * / 12 / Unlimited / 12
EXECUTIVE* / 17 / Unlimited / 17
PRESIDENTIAL* / 26 / Unlimited / 26
PREMIER* / 52 / Unlimited / 52

8. Additional Representations and Acknowledgements

I hereby represent, agree and acknowledge as follows and understand and agree that Hair Club is relying upon the following and the other provisions herein to enter into this Agreement with me.

(a)  Prior to my first application service, Hair Club provided a patch test to identify the compatibility of my skin with the liquid polymer adhesive, or alternative pressure sensitive adhesive (collectively referred to as "PolyfuseÒ") being used. My initials below indicate that a patch test was administered. It is my responsibility to request future patch tests to identify, or confirm, the continued compatibility of my skin with PolyfuseÒ. Hair Club agrees to perform such tests whenever requested by me. I shall advise Hair Club of changes in my health, physiology, or skin that I believe suggest additional patch tests should be administered.

(b)  I do not have, nor have I ever had, any scalp disorders or allergies which have required medical treatment or attention of any kind.

(c)  The heads of hair used during my application services will not last indefinitely and their longevity depends on how I care for them, the products I use on them and the composition of my own hair. Only Hair Club approved products such as the Maxxam, Maxxam Gold or Trima hair care product lines are recommended and should be used on my head of hair. Hair Club has assisted me in my selection of a service level that best suits my budget and needs.

(d)  I must return to Hair Club at least every four (4) to eight (8) weeks after each application service for proper care, servicing and grooming of my head of hair. The frequency of these visits will depend on my hair growth and personal hair care preferences.

(e)  It is normal if, over time, the curl or wave of my head of hair relaxes and sheds some hair. As a result, it may be necessary for Hair Club to perm and/or provide additional services that are not covered in my membership and for which Hair Club may charge me.

(f)  If I do not have sufficient frontal hair of my own, I may have to use additional adhesive to secure the front of my head of hair approximately every two (2) to four (4) days.

(g)  My heads of hair will be made of human hair; but under some conditions (such as the addition of gray hair), other materials, including man-made (synthetic) hair, may be used.

(h)  While Hair Club's literature, and consultation were and are intended to familiarize me with the basic methods of hair replacement available today and, in particular, the extra unique attributes the Hair Club's services, I acknowledge that Hair Club does not offer any assurance or guarantee of any kind that I will achieve all of the beneficial attributes of its services as advertised and/or described. I realize that Hair Club’s statements describing the benefits and attributes of the services are accurate when related to the average client but may not necessarily be accurate with respect to each individual client.

(i)  I agree that at each application service during my membership, I must return my prior head of hair to Hair Club for proper disposal.

(j)  Application and full services may require some of my existing hair to be trimmed / shaved close to my scalp.

(k)  All warranties available to me by Hair Club or at law are voided if I have hair care services provided to me by anyone other than Hair Club.

(l)  I understand that if Hair Club fails to receive any Monthly Service Fee from me on a timely basis, I will cease to be a member in good standing and Hair Club may terminate this Agreement or suspend my membership benefits and all my rights hereunder without me being entitled to any refund of amounts paid by me hereunder. Once my membership is suspended, all outstanding amounts owed by me to Hair Club, including the current Monthly Service Fee, must be paid in full and received by Hair Club prior to me receiving any further membership benefits.

(m)  I understand and acknowledge that the benefits of my membership, including, but not limited to, all services must be used and will expire within one (1) year from my Anniversary Date and that any services not used within the one (1) year term will be forfeited.

(n)  I agree that any illegal and/or inappropriate conduct/behavior directed towards Hair Club employees and/or other persons in the center, including but not limited to: verbal abuse; threats or use of violence; discrimination; and harassment, shall not be tolerated and shall constitute grounds for immediate termination of this Agreement by Hair Club without any refund to me. Hair Club may from time to time, institute center rules and regulations and I agree that any violations thereof by me shall also constitute grounds for immediate termination of this Agreement by Hair Club without any refund to me.

9. Limitation of Liability

To the maximum extent permitted by law, neither Hair Club nor any of its parent companies, subsidiaries or employees shall be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of any breach of this Agreement or out of any actions, suits, claims or demands that arise in respect of me receiving Hair Club services hereunder. Without anyway limiting the foregoing, if for any reason, by operation of law or otherwise, any portion of the foregoing limitation of liability shall be voided, then in such event Hair Club's maximum, sole, and exclusive liability to me shall be limited to general money damages in an amount not to exceed the total amount actually paid to Hair Club by me for services during and for a period of time commencing upon the occurrence of such error, defect or failure and ceasing upon the discovery of such, in whole or in part provided; however, that in no event shall such period of time exceed the twelve (12) month period immediately preceding the date which such error, defect or failure is first discovered in whole or in part.