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New Client Gradual Services Agreement - Women (6 Months)
Last Name: / First Name: / Center:/ Center Phone:
Address: / Service Fee: / Manager Confirmation:
City: / State: / Zip: / Payment Made: / Date Received:
Phone: (Home) / Email: / Balance Due: / Date Received:
(Cell)
1. Purchase of Services
I wish to purchase New Client Gradual Services from ("Hair Club") pursuant to the terms and conditions set out herein. I understand that this is 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 the New Client Gradual Services and my representations and obligations to Hair Club are contained herein and form part of this Agreement.
2. Payment
I agree to pay Hair Club the Service Fee as set out above for my New Client Gradual Services.
3. New Client Gradual Services
I understand that receiving the New Client Gradual Services will result in me obtaining a "new head of hair" (also called "new hair" herein). The New Client Gradual Services include Customized Measurement, two (2) Customized Applications, up to five (5) Follow-up Service Visits, two (2) Full Service Appointments and two (2) Chemical Services as described below:
Customized MeasurementA series of measurements are taken of your head, scalp and balding and/or thinning areas using our proprietary method to create a customized template of the size and contour of the areas you desire new hair. We then determine the appropriate color, density, wave and texture of your new hair through our proprietary process to achieve the desired look and feel of your new head of hair. We may take a sample of your existing hair to complete this process.
Customized Application
Your existing hair and scalp will receive a deep cleansing shampoo and conditioning treatment using products specially formulated for Hair Club clients. Your new hair will be added to your existing hair and scalp through our proprietary Strand by Strand® process and using our medical grade liquid adhesive Polyfuse®. Your new look is customized and completed by blending, cutting and styling the new hair with your own.
Follow-up Service Visits – First 30 Days
The day following your first application service you will receive a shampoo and/or styling of your new hair and we will perform any required adjustments, including to your frontal hairline. Within the first 30 days following your first application service you can receive up to 5 additional follow-up service at no additional fee.
Full Service Visits
This service includes a deep cleansing and conditioning treatment as well as a soothing scalp massage to keep your hair and scalp healthy. A stylist will perform a Polyfuse adjustment on your new hair and complete your look by blending, cutting and styling the new hair with your own.
Chemical Services/Color Correction:
These services entail changing the existing texture, curl pattern or color of your hair. Chemical services include but are not limited to perming, relaxing, or color services and must be performed at the time of Application or Full Service.
4. Scheduled Services
Hair Club will makereasonable efforts to schedule and provide my first application service within eight (8) weeks of the date of this Agreement. However, I understand that delaysmay occur. If such delays occur, I agree that this willnot be a default of this Agreement by Hair Club,nor will such delays give me the right to cancel this Agreement (other than as set forth in section 5 herein). I further agree that if I fail to schedule and receive my first application service within six (6) months from the date hereof, I will forfeit all amounts paid to Hair Club hereunder and Hair Club shall not be required to provide me with any further services.
5. Cancellation and Refund Policy
I may cancel this Agreement by notifying my Hair Club consultant within three (3) business days from the date of this Agreement (the "Cancellation Period") and I will be entitled to a full refund of all amounts paid by me to Hair Club hereunder provided I have signed Hair Club's standard refund and release agreement. If I want to cancel this Agreement after the Cancellation Period, I may do so, but I agree I will not be entitled to a refund of any amounts paid to Hair Club pursuant to this Agreement.
6. 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.
7. Governing Law
I agree that this Agreement shall be governed and construed in accordance with the laws of the state in which the center indicated above is located without giving effect to principles of conflicts of law.
I UNDERSTAND THIS AGREEMENT IS COMPRISED OF TWO (2) PAGES AND CONSTITUTES THE ENTIRE AGREEMENT BETWEEN ME AND HAIR CLUB. NO ORAL PROMISES OR VERBAL AGREEMENTS ARE PART OF THIS SERVICES 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 A SIGNED COPY.
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Consultant Client's Signature
______March 31, 2012______
Consultant – Print (Required) Date
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) To complete the customized application services I understand that some of my existing hair may need to be trimmed/shaved close to my scalp.
(d) I understand that it may take some time to become accustomed to the look and feel of my new hair and that this is normal and to be expected following the services.
(e) I must return to Hair Club at least every four (4) to eight (8) weeks after my application service for proper care, servicing and grooming of my new head of hair. The frequency of these visits will depend on my hair growth and personal hair care preferences. Currently Hair Club charges $129.00 per hour for such a services. Additional services are available from Hair Club and Hair Club reserves the right to change the availability and price of services without prior notice to me.
(f) 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 new hair.
(g) The results of my New Gradual Services will not last indefinitely and the longevity of my new head of hair depends on how I care for it, the products I use on it and the composition of my own hair. Hair Club agrees that I may purchase additional customized application services for a Service Fee of no more than $1,500 per application. Following my application service Hair Club will provide information on the various maintenance and service programs it offers.
(h) It is normal if, over time, the curl or wave of my new 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 included as part of the New Client Gradual Services and for which Hair Club may charge me.
(i) If I do not have sufficient frontal hair of my own, I may have to use additional adhesive to secure the front of my new head of hair as needed from time to time.
(j) I agree that at each application of new hair during my service, I must submit any prior new hair to Hair Club for proper disposal.
(k) My new head 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.
(l) While Hair Club's advertising, marketing materials and consultation were and are intended to familiarize me with the basic methods of hair replacement available today and, in particular, the unique attributes of 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.
(m) 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.
(n) I understand that the services of this Agreement must be used within, and will expire upon six (6) months from the date of this Agreement and that any services not used within the six (6) month term will be forfeited.
9. Limited Service Warranty
I also understand thatHair Club has provided me with the following limited warranty for myNew Client Gradual Services:
(a)If following my first application service I am not reasonably satisfied with the results of my New Client Gradual Services, Imay cancelthisAgreement by immediately requestingHair Club remove my newhead of hair before I leaveHair Club's premises. If I have my new head of hair immediately removed, I agree that,my sole remedywillbea refund of 50% of the Services Fee paid by me hereunder, provided I have signed Hair Club'sstandard refund and release agreement.
(b) If I am notreasonably satisfiedwith my the results of my New Client Gradual Services at any time within 30 days of my first application service, I agree my sole remedy is to have Hair Club either (i) alter the styling of my new head of hair or (ii) redo the first application service, at no additional cost to me.
(c) I understand that I will not be entitled to any refund or other adjustments and that my entitlement to the above warranties is conditioned upon my strict compliance with the terms of this Agreement. I agree that the warranties made byHair Club to me are void if I have services provided to my new head of hair by anyone other thanHair Club. I also understand that the remedies set forth in9 (a) and (b) above are in lieu ofall other remedies that I may have at law or otherwise.
10. 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.
11. 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 WITH RESPECT TO me receiving Hair Club services hereunder. Without IN any way 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 pursuant to this agreement.