(a) These terms of service (these “Terms”) govern the provision of services by Lablosh (“Service Provider”) to you, the customer (“Customer”). By hiring the Service Provider, Customer agrees to abide by these Terms.
(b) These Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
Service Provider shall provide body waxing services to Customer as described in the order confirmation (the “Services”) in accordance with these Terms. For clarity, on-location means that the Service will be provided at the Customer’s preferred location which can include a private home or residence, an office, a hotel, or a hospital.
3. Customer’s Obligations.
(c) cooperate with Service Provider in all matters relating to the Services and provide such access to Customer’s premises, and such office accommodation and other facilities as may reasonably be requested by Service Provider, for the purposes of performing the Services;
(d) respond promptly to any Service Provider request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for Service Provider to perform Services in accordance with the requirements of this Agreement;
(e) provide such customer materials or information as Service Provider may request to carry out the Services in a timely manner and ensure that such customer materials or information are complete and accurate in all material respects; Hi J
(f) provide a safe location and prevent damages to the Service Provider’s equipment, prevent theft, and ensure the safety of the service Provider;
(g) ensure that the location or room is an area with at least one electric outlet, that all pets are moved to a different room prior to the Service, and that no other individuals are present during waxing;
(h) prepare themselves for the Service prior to the arrival of Service Provider. Customer shall have a maximum of 5 minutes from the time of the appointment to be prepare themselves for the services, if not the service will be cancelled and they will be charge 50% of the full amount.
4. Customer’s Acts or Omissions.
If Service Provider’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer, Service Provider shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
(i) Customer will be charged 50% of the full value of the Service for cancellations with less then 12 hours notice.
(j) The Service will be considered cancelled and Customer will be charged 50% of the full amount if Customer is not prepared for Service within 5 minutes of the Service Provider’s time of arrival.
(k) If Customer is using pre-purchased series, gift certificates, coupons to pay for the Service and fails to cancel or reschedule an appointment within 12 hours, these will no longer be valid or redeemable and will be voided.
6. Fees and Expenses; Payment Terms; Interest on Late Payments.
(l) In consideration of the provision of the Services by the Service Provider and the rights granted to Customer under this Agreement, Customer shall pay the fees stipulated by the Service Provider.
(m) Customer agrees to pay Service Provider using any major credit or debit card. All payments hereunder shall be in US dollars.
(n) In the event payments are not received by Service Provider after becoming due, Service Provider may charge interest on any such unpaid amounts at a rate of 2% per month.
(o) Service Provider requires a minimum of $50.00 in order to book a waxing appointment.
(p) For safety reasons, customer cannot book a waxing service if customer weights more than 400 lbs.
Service Provider will include a 20% of the total cost of the Services to the final bill.
8. Safety and Privacy.
Children12 years old and under cannot be present during the provision of any Service. Customer is responsible for all childcare. Aside from the Customer, no other individual can be present during the provision of waxing services.
9. Waxing Specific Terms.
(q) Customer’s body hair needs to be at least 1/4 inch long to expect smooth waxing results. If Customer’s hair is shorter then 1/4 inch when Service Provider arrives for the appointment, Service Provider will not be able to perform any waxing Services and Customer will be charged the full amount.
(r) Customers with diabetes and Customers that take blood thinners agree to get their doctor’s approval before waxing.
(s) Customers who are pregnant, taking hormone replacement medication, birth control, or antibiotics will be more sensitive to the effects of waxing and should consult with a doctor before booking a waxing appointment.
(t) Customers should try to avoid waxing approximately 4 days before and after your cycle.
(u) Customers should try to limit their caffeine intake on the day of their wax as this can stimulate the nervous system.
(v) Customer agrees not to book a waxing appointment if any of the following conditions are present:
- Customer is taking Accutane or has within a year of the Service
- Customer is taking prescription medication for acne
- Customer has been to exposed to direct sunlight or has been to a tanning salon within 24 hours of the appointment
- Customer is receiving any type of cancer treatment, chemotherapy, or radiation
- Customer has lupus
- Customer uses Retina-A
10. Lost or Stolen Items.
Customer is responsible for the safekeeping of Customer’s personal property during the Service period. Service Provider is not responsible for any lost or stolen items.
11. Disclaimer of Warranties.
SERVICE PROVIDER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
12. Limitation of Liability.
(w) IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(x) IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT.
In addition to any remedies that may be provided under this Agreement, Service Provider may terminate this Agreement with immediate effect upon written notice to Customer, if Customer:
(y) fails to pay any amount when due under this Agreement;
(z) has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part.
No waiver by Service Provider of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Service Provider. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
15. Force Major.
The Service Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Service Provider.
Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Service Provider. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.
17. Relationship of the Parties.
The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
18. No Third-party Beneficiaries.
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
19. Governing Law.
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
20. Submission to Jurisdiction.
Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in the City of New York and County of New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement.
23. Amendment and Modification.
This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.