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Refer-a-Friend Terms & Conditions

Last Updated: March 10, 2023

Please read the following Refer-a-Friend Terms & Conditions (“Refer-a-Friend Terms”) carefully. We are HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, and its direct and indirect subsidiaries and affiliates (“HCFB,” “we,” or “us”). We manage a family of brands that includes Hair Cuttery®, Bubbles® Salons, and cibu® (“Our Brands”). Our “Refer-a-Friend Program” offers existing Hair Cuttery® and Bubbles® Salons’ customers the opportunity to earn a discount off a future service for each new customer they refer.

By signing up for our Refer-a-Friend Program, you agree to be bound by the following Refer-a-Friend Terms, as well as our Privacy Policy, Terms of Service for the HCFB Digital Platforms, and any other applicable terms, which are hereby incorporated by reference and can be viewed via links on the homepages for Hair Cuttery® and Bubbles® Salons. We sometimes refer to these, collectively, as our “Agreement” with you. The Refer-a-Friend Terms are in addition to, and do not limit, any other part of our Agreement. If there is a conflict between the Terms of Service for the HCFB Digital Platforms and the Refer-a-Friend Terms, the Refer-a-Friend Terms apply.

We reserve the right to change the Refer-a-Friend Terms by posting an updated version on our website, so you should review the latest version each time you refer a friend or redeem a reward. If you do not agree with the Refer-a-Friend Terms, you should not participate in the Refer-a-Friend Program.

IMPORTANT NOTICE: The Refer-a-Friend Terms, and the rest of our Agreement, are a legally binding contract between you and HCFB. Please read the Refer-a-Friend Terms carefully as they contain important provisions governing how we will resolve disputes and could affect your legal rights. In particular:

    • You agree to email us at legal@haircuttery.com before you bring a claim in court or initiate an arbitration so that we can try to reach an agreement informally. And, we agree to do the same, provided we have a valid email address for you.
    • You agree that any disputes between you and HCFB will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any disputes between you and HCFB will not be decided by a judge or a jury but, instead, will be decided in a private arbitration..”
  • You also agree that you will not try to sue us in a class action. This is called a “CLASS ACTION WAIVER”..”

We want to make sure that you understand all of the Refer-a-Friend Terms. If you have questions, feel free to reach out by using the Contact Us methods available on our websites and mobile apps or by calling our Guest and People Care Center at 877-319-3919.

 

ELIGIBILITY

You must be a permanent legal resident of the U.S. and at least the age of majority in your state of residence. The Refer-a-Friend Program is not targeted, nor intended for use, by anyone under the age of majority. Persons under the age of majority may not participate in the Refer-a-Friend Program, either as an existing customer or referred friend. Officers, directors, managers, and employees of HCFB, and their immediate families, are not eligible. Void where prohibited. Subject to all applicable federal, state, and local laws.

To be rewarded for referring a new customer through the Refer-a-Friend Program, existing customers must also have an active online account through the applicable website (the Hair Cuttery® website or the Bubbles® Salons’ website) and have previously received a service at that brand of salon. To participate as a Friend (defined below), the person must also be a new customer and have been referred by an existing customer, as described below. Persons who have previously received services at a Hair Cuttery® or Bubbles® salon is not eligible to participate in that brand’s Refer-a-Friend Program as a Friend.

ABOUT THE REFER-A-FRIEND PROGRAM

HCFB established the Refer-a-Friend Program to reward existing customers for referring new customers. Existing Hair Cuttery® customers are offered the opportunity to earn rewards for referring new customers to one our Hair Cuttery® salons. Existing Bubbles® Salons customers may refer new customers to a Bubbles® Salons for the opportunity to earn rewards.

When you refer a new customer through our Refer-a-Friend Program, we send the new customer (“Friend”) a code for a $5 discount off their first service (“Referred Friend Reward”). After the Friend uses the code to complete their first appointment, you become a “Referring Member” and we add a $5 credit to your online account, which can be used towards a future service (“Referring Member Reward”).

HOW TO REFER A NEW CUSTOMER AND EARN A REWARD

To earn rewards through our Refer-a-Friend Program, existing Hair Cuttery® and Bubbles® Salons customers (“Potential Referring Members”) must log in to their online account, follow the onscreen “Refer-a-Friend” instructions, obtain a unique referral code, and give that code to a Friend, who can use it to receive a reward of $5 off their first service at the brand of salon (either Hair Cuttery® or Bubbles® Salons) to which they were referred.

Subject to these Refer-a-Friend Terms, the Referring Member or Potential Referring Member chooses each Friend and is solely responsible for providing their Friends the unique referral code that HCFB has made available, or the link thereto. HCFB is not responsible for communicating this information to the Friend, and does not directly provide it to Friends or potential Friends via email, text message, or similar communication.

Friends must voluntarily elect to participate in the Refer-a-Friend Program by providing their unique referral code when they schedule their first appointment. For online bookings, the Friend will be asked to create an online account and enter their referral code in the space provided. When booking their appointment over the phone or in person, the Friend should mention the unique referral code. Once the Friend completes their first service, a credit for $5 off a single future service will be added to the Referring Member’s online account. We will send an email to the address associated with the Referring Member’s account informing them that the reward has been added.

Referrals that violate any portion of these Refer-a-Friend Terms, or any other part of our Agreement, will be null and void. HCFB, at its sole discretion, reserves the right to withhold or reject any reward or discount in connection with such a referral or in connection with an account or person that is in violation of these Refer-a-Friend Terms or the Agreement.

REWARDS

Referring Members receive a credit for $5 off a single service, to be used in the future, for each Friend who completes their first appointment using the unique referral code provided (“Referring Member Reward”). A Referring Member may receive a Referring Member Reward for up to ten Friends (one reward per Friend) that they refer to Hair Cuttery® or Bubbles® Salons. Each Friend who receives a referral through the Refer-a-Friend Program is given the opportunity to use a single $5 discount, which they can apply towards their first appointment, only (“Referred Friend Reward”).

Rewards are personal and may not be used by Referring Members or Friends for any commercial purpose and may not be sold on a secondary market. Except where expressly permitted by HCFB or applicable law, rewards may not be sold, transferred, assigned, or shared. The rewards provided through the Refer-a-Friend Program are promotional in nature. They have no cash or monetary value, may not be redeemed for cash, are not gifts, and are not intended for gift giving purposes.

Rewards may be subject to additional terms and conditions, including expiration dates for promotional gift cards, certificates and vouchers. Restrictions may apply

REDEEMING YOUR REWARDS

The Hair Cuttery® or Bubbles® salon must be notified at the time of booking in order to apply a reward towards the cost of a service. Only one reward may be redeemed per service. Referring Members may redeem their rewards when scheduling an appointment by logging into their online account and following the onscreen instructions. Friends may redeem $5 off their first appointment by following the instructions set forth above. Once a Friend completes their first appointment at a Hair Cuttery® or Bubbles® salon, they are no longer entitled to redeem a Referred Friend Reward.

Rewards provided through the Refer-a-Friend program are subject to verification and may be redeemed in the sole discretion of HCFB. HCFB may delay a reward for the purposes of investigation and may refuse to process a transaction if it cannot be verified or if it violates these Refer-a-Friend Terms or any other part of the Agreement.

RESTRICTIONS

Referring Members may not refer themselves, participate in Refer-a-Friend Program as Friends, or create multiple, fictitious, or fake accounts through any of the HCFB, Hair Cuttery® or Bubbles® Salons websites. Only one Referred Friend Reward may be redeemed per person.

You may not use our Refer-a-Friend Program to violate any law, infringe on or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene, or outside the spirit and intent of our Refer-a-Friend Program. In addition, you may not (i) tamper with the Refer-a-Friend Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFER-A-FRIEND PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, HCFB RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

COMMUNICATIONS BETWEEN OUR EXISTING AND NEW CUSTOMERS

Referring Members and Potential Referring Members are solely responsible for any messages or communications between themselves and Friends or potential Friends, including any emails, texts, faxes, calls, or other communications in which a Referring Member or Potential Referring Member provides the unique referral code offered by HCFB.

Referring Members and Potential Referring Members may not send messages that contain the unique referral code, or link thereto, or that otherwise promote the Refer-a-Friend Program, via text, fax, prerecorded voicemail, or using an automated dialing system, including to Friends or Potential Friends. To the extent a Referring Member or Potential Referring Member sends such a message, Referring Member or Potential Referring Member, and not HCFB, is the sender and is solely responsible for the message, its content, and choice of recipient.

Referring Members and Potential Referring Members may provide the unique referral code, or link thereto, to Friends and potential Friends via other means, including email. Each Referring Member and Potential Referring Member is the actual sender of the emails they direct, including to their Friends, and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Refer-a-Friend Program, the Referring Member (or Potential Referring Member) represents that they have the appropriate permission and is not engaging in harassing, unethical, illegal, or otherwise improper conduct. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not specifically permitted by HCFB is expressly prohibited and may be grounds for immediate termination and further legal action. HCFB has no obligation to monitor the Refer-a-Friend Program or any communications sent through the Refer-a-Friend Program. However, HCFB may choose to do so and block any email messages, remove any such content, or prohibit any use of the Refer-a-Friend Program.

Referring Members and Potential Referring Members who do not comply with the law, including anti-spam laws and telephone solicitation laws, are obligated to indemnify HCFB and all other parties as set forth in Terms of Service for the HCFB Digital Platforms. By accepting these Refer-a-Friend Terms and participating in the Refer-a-Friend Program, Referring Members and Potential Referring Members further agree that they will be liable to HCFB for any damages incurred or amounts that are required to be paid by HCFB that arise out of, or are related to, a violation of, or failure to comply with, this section (“Communications between existing and new customers”), including, without limitation, damages, judgments, or settlements paid to third or complaining parties or government entities, attorneys’ fees and costs, and costs of enforcement.

SIGN IN CREDENTIALS

You are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. You agree to notify HCFB immediately if you suspect unauthorized access to your account. You agree HCFB will not be liable for any loss or damage arising from unauthorized use of your credentials.

PRIVACY

The personal information collected, processed and used as part of the Refer-a-Friend Program will be used in accordance with our Privacy Notice. By participating in the Refer-a-Friend Program, you agree to this. If you have any questions regarding privacy, please read our Privacy Notice.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HCFB, as well as its respective affiliates, officers, directors, shareholders and employees, from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from your breach of any of these Refer-a-Friend Terms or otherwise arising in any way out of your participation in the Refer-a-Friend Program.

CHANGES TO THE REFER-A-FRIEND PROGRAM

We reserve the right to cancel, modify or terminate the Refer-a-Friend Program or these Refer-a-Friend Terms at our discretion. You agree that HCFB may terminate, limit or suspend the Refer-a-Friend Program (in whole or in part) or your access to the Refer-a-Friend Program. In the case of unforeseen or extenuating circumstances, we may do so without notice. You agree that HCFB shall not be liable to you or any third party for modification or discontinuation of the Refer-a-Friend Program or these Terms. Notwithstanding the foregoing, your participation in the Refer-a-Friend Program after such changes signifies your acceptance of the revised terms.

TERMINATION

We may terminate all or any part of the Refer-a-Friend Program or your participation in any the Refer-a-Friend Program for failure to comply with any of these Refer-a-Friend Terms or any other part of our Agreement, if we believe that you have misused the Refer-a-Friend Program or any other part of our Digital Platforms, or for other legitimate reasons. If we terminate the Refer-a-Friend Program or your account, or disqualify you, any unclaimed referral rewards will be immediately forfeited, and any rights granted to you with regard to the Refer-a-Friend Program will immediately cease. You agree that HCFB shall not be liable to you or any third party if any part of the Refer-a-Friend Program, or your participation in the Refer-a-Friend Program, is terminated or discontinued.

DISPUTE RESOLUTION

We want to try to sort out any disagreements without a formal legal proceeding or case. If a dispute arises between you and HCFB, you agree to first contact us by emailing legal@haircuttery.com before filing a claim. We’ll also try to resolve disputes informally by contacting you at the email address you provided. If we are unable to resolve the dispute, informally, within fourteen (14) days of that email, either of us may bring a formal proceeding.

Judicial Forum for Disputes. You and HCFB agree to submit to the exclusive jurisdiction of the state and federal courts of the Commonwealth of Virginia, USA, subject to the mandatory, individual arbitration provisions, below. Both you and HCFB consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.

Controlling Law. Any claim, dispute or matter arising under or in connection with the Refer-a-Friend Program or the Agreement (which includes Refer-a-Friend Terms, Terms of Service for the HCFB Digital Platforms, our Privacy Notice, and every other part of our Agreement) shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, the Federal Arbitration Act, and applicable U.S. federal law, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction), except to the extent local law is mandatory for consumers. Foreign laws do not apply.

CONSENT TO MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER

Arbitration is a form of private dispute resolution that replaces the right to go to court. If you consent to mandatory arbitration and this class action waiver, you agree that you won’t file a lawsuit, have your dispute heard by a judge or jury, represent a class, or join a class as a member. Without this arbitration agreement, you might have had the right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). If you agree to arbitrate a dispute, you waive those rights; and, instead of being decided by a judge or jury in court, your dispute will be submitted to a neutral third person (an “arbitrator”) who will make a binding decision. There is no judge or jury in arbitration, and court review of an arbitration award is limited. You have the right to opt out and we explain how you can do that below. If you opt out, you retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this provision carefully. Unless you opt out, in accordance with our instructions, below, all disputes between you and HCFB shall be resolved by binding, individual arbitration. Except as otherwise provided, entering into the Refer-a-Friend Terms constitutes a waiver of your right to litigate claims in court, participate in or represent a class, and all opportunity to be heard by a judge or jury.

We both agree to arbitrate our claims. You and HCFB agree to resolve any claims relating to or arising from the Refer-a-Friend Program, the Refer-a-Friend Terms, and every other part of our Agreement through final, binding, and individual arbitration by a single arbitrator, unless you fall under one of the exceptions to the agreement to arbitrate, which are described below. This includes, but is not limited to, disputes arising out of or relating to this mandatory individual arbitration provision and threshold questions of whether or not the dispute can be arbitrated.

NO CLASS ACTIONS. You agree that you will only resolve disputes with us on an individual basis. You understand that accepting and agreeing to the Refer-a-Friend Terms you and HCFB are each waiving the right to trial by jury or to bring or participate in a class action or class arbitration of claims relating to or arising out of the Refer-a-Friend Terms or Agreement. You are not allowed to bring or participate in class actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions against HCFB. The arbitrator does not have the power to modify this provision.

Arbitration Procedures. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. It will be held in our home county, in the Commonwealth of Virginia or another location to which we agree. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this provision.

Arbitration costs and incentives. AAA rules will control all arbitration fees and incentives. We will pay arbitration fees for individual arbitration claims that are under $20,000 and will not seek our attorney’s fees or costs in arbitration unless the arbitrator decides that your claim is frivolous. If you receive an arbitration reward that is more favorable than the highest offer we made to resolve the claim, we will pay you $500 in addition to that award.

Arbitration award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Exceptions to the agreement to arbitrate. This mandatory individual arbitration provision does not apply to: (1) qualifying claims brought in small-claims court or (2) a lawsuit for injunctive relief to stop abuse of the Refer-a-Friend Program or our intellectual property rights. If the agreement to arbitrate is found not to apply, you agree to the exclusive jurisdiction of the state or federal courts in Fairfax County, Virginia.

You may opt out of this mandatory individual arbitration provision and class action waiver. If you do not want to agree to this mandatory individual arbitration provision, you can opt out by mailing written notification to the address below. Your decision to opt out will have no adverse effect on your relationship with HCFB.

HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands
c/o Legal Department
1640 Boro Place, 4th Floor
McLean, Virginia 22102

Your written notification must include your name, the email address associated with your account, and that you want to opt out of the mandatory, individual arbitration agreement. For your opt out to be effective, you must mail us within thirty (30) days of signing up for an account with us or acknowledging that you have been notified of Refer-a-Friend Terms, whichever comes later. Any opt out request received after the deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Continuation. This provision shall survive the termination of your service with HCFB, our parents, subsidiaries, and affiliates.

Severability. If any part of the “Dispute resolution” or “Consent to mandatory individual arbitration and class action waiver” sections is found to be unenforceable, it will be severed, and the rest of this section will remain in full force except as follows. If the prohibition against class or representative actions is found to be unenforceable, the remainder of the mandatory individual arbitration provisions is null and void. Otherwise, the terms of this provision will survive termination of the Refer-a-Friend Terms the Refer-a-Friend Program.

MISCELLANEOUS

Entire Agreement. The Agreement (which includes the Refer-a-Friend Terms, Terms of Service for the HCFB Digital Platforms, our Privacy Notice, and other written terms and policies, as applicable) is the entire agreement between you and HCFB with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).

Severability. If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes the Refer-a-Friend Terms, the Terms of Service for the HCFB Digital Platforms, our Privacy Notice, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.

Waiver. If we fail to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by our authorized representative.

YOUR COMMENTS AND QUESTIONS

Please call our Guest and People Care Center at 877-319-3919 or contact us using the Contact Us methods available on our Digital Platforms if you have any questions, requests or comments.

© 2023 HC Salon Holdings, Inc. All Rights Reserved. All designs, logos and related marks associated with the Service are trademarks or registered trademarks of HCFB or licensed to HCFB. All rights reserved.