The Mane Squeeze Rewards Program Terms and Conditions
Program Participation and Eligibility:
Participation in the Mane Squeeze Reward Program (“Program”) is subject to these terms and conditions, and the rules, regulations, policies and procedures described herein (collectively, “Program Terms”). All decisions made by the Blo Blow Dry Bar, Inc. (“Blo”) regarding the Program shall be in Blo’s sole discretion and all such decisions shall be final. Blo may change, alter, amend, limit or otherwise revise the Program Terms including price allocations and redemption values, at any time and for any reason whatsoever. All such changes, alterations, amendments or revisions shall be in Blo’s sole discretion. Blo also has the right to terminate and cancel the Program at any time in its sole discretion.
Participants shall have no claim, recovery or remedy against Blo for any changes made to the Program or the Program Terms. In the event of termination or cancellation of the Program, Blo shall have no obligation to provide, and program participants shall not be entitled to receive, any compensation in any form for any dollars or services remaining in participant’s account as of the date of such termination or cancellation. All prices are in United States dollars.
A Program participant is any customer who pays the monthly fee to enroll at any Blo franchise location (“Participant”). A Blo franchise location may choose which Price Level (as defined below) to participate in. The day the Participant pays is the first day of the Participant’s month and the month will last 30 days after the first day of the Participant’s month (“Month”). After the Month ends, Blo has the right to charge the Participant’s credit card on file to start the next Month. The Participant may terminate its participation in the Program and Program Benefits by notifying the Blo franchise location where the Participant enrolled that the Participant wishes to unenroll (notification may be done in writing or orally).
The Participant must redeem all Program Benefits (as defined below) at the Blo franchise location at which the Participant enrolled in the Program.
Price Level A: Membership is $75 per month
Price Level B: Membership is $70 per month
Price Level C: Membership is $67 per month
Each Participant receives:
• Two (2) blow outs as defined at http://blomedry.com/services/;
• A discount of $5 for any blow out after the second blow out;
• 10% off the retail price of any product sold in a Blo franchise location;
o Retail products exclude any service as defined at http://blomedry.com/beauty-services/;
o Retail products exclude any service as defined at http://blomedry.com/services/;
• On the birthday of the Participant, the Participant is eligible to receive a blow out as defined at http://blomedry.com/services/ at no cost ($0); and
• Early e-mail notification of new products and promotions at Blo franchise locations.
Additional Terms and Conditions:
Any unused portion of dollars, fees, services on the account of the Participant are not refundable, exchangeable, replaceable or transferable unless specifically permitted by these Program Terms.
Any unused monthly blow out is lost at the end of the Month.
The Program and Program Benefits specifically exclude any services with bonded extensions as defined at http://blomedry.com/services/.
BLO, ITS FRANCHISEES AND FRANCHISE OPERATORS, AND EACH OF ITS PARENT AND AFFILIATED ENTITIES, AND THEIR RESPECTIVE AGENTS, LICENSEES, VENDORS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ANY AND ALL PARTICIPANTS AGAINST ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF A PROGRAM BENEFIT, AND/OR PARTICIPATING IN THE PROGRAM, PROGRAM-RELATED ACTIVITIES AND/OR ACTIVITIES RELATED TO ANY PROGRAM BENEFIT. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PROGRAM BENEFIT CANNOT BE AWARDED FOR ANY REASON. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND THE RELEASED PARTIES’ CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, STRIKE OR LABOR DISPUTE, NATURAL DISASTER, WEATHER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY. BLO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER REASON WITH RESPECT TO THE PROGRAM BENEFITS AND/OR THE PROGRAM.
Applicable Law; Dispute Resolution; Class/Collective Action Waiver
The Program Terms and the Program shall be governed by the internal laws of the State of Delaware, without regard to its conflicts of laws, rules or policies. Blo and Participant agree that any dispute, claim or controversy arising from or relating to the Program or Program Benefits, and/or any acts or omissions relating to or occurring during any service provided by Blo (“Covered Claims”) shall be resolved by binding arbitration conducted in the State of Delaware. The parties understand that a judgment on any arbitral award may be entered in any court having jurisdiction. No arbitration under this agreement shall be consolidated with any other arbitration.
In agreeing to submit all Covered Claims for resolution by arbitration, the Participant acknowledges that such agreement is given in exchange for rights or benefits to which the Participant is not otherwise entitled – namely, being provided with the opportunity to participate in the Program and the more expeditious and confidential resolution of any Covered Claims.
Each Participant agrees that all Covered Claims must be pursued on an individual basis only. By participating in the Program, and thereby agreement to and accepting these terms and conditions, each Participant waives any right to commence, or be a party to, any class or collective actions asserting Covered Claims or to bring jointly with any other person assert any Covered Claim against Blo or any of Blo’s respective owners, members, employees, agents, affiliates, directors, trustees, agents or other representatives. Nothing in this paragraph is intended or may be construed as a limitation of any Participant’s right to assert, on the Participant’s own individual behalf, any Covered Claims pursuant to the arbitration provisions described above.