1. Membership

1.1 These terms and conditions including the Agreement Details (and defined terms therein and herein) (Agreement) govern the relationship between the Salon (Salon, us or we) and the client (you) in relation to your Membership Program in respect of services provided to you by the Salon (Services). If the terms of this Agreement differ from anything you are told at the Salon or over the phone, the terms of this Agreement will apply, unless written confirmation is received from the Salon.

1.2. Subject to compliance with this Agreement and the availability of Services at the Salon, your membership permits you to use the Salon’s services in accordance with the Membership Entitlements.

1.3 By entering into this Agreement, you agree that:

(a) your use of the Membership Entitlements is subject to staff availability, Salon trading hours and the Salon’s normal booking procedures;

(b) the Salon makes no warranty that any Salon Service or staff member will be available at any time and that the Salon’s trading hours will not change;

(c) the Salon has the right to refuse a Service which will damage hair or skin or cause a reaction; and

(d) you must provide the Salon with any changes to your details which are relevant to your membership as soon as possible in writing.

2. Fair Play Policy

2.1. The fair play policy set out in Schedule 1 to this Agreement (Fair Play Policy) is provided as a guide to our expectations of your use of the Membership Package and Membership Entitlements.

2.2. By entering into this Agreement, you agree to abide by the Fair Play Policy.

2.3. We reserve the right to refuse an appointment or cancel your membership if we deem that you are not playing fairly or are abusing your unlimited services.

2.4 By becoming a UKS Member, you agree that only you will receive the services included in your selected membership package, and nobody else.

2.5 Upon arriving at your appointment, you agree to provide photo ID to your stylist before your service commences.

3. Payments

3.1. You agree to pay all Membership Fees in advance. Payments will commence on the Start Date and will continue on a weekly basis thereafter until it is cancelled..

3.2. All payments due to the Salon under this Agreement will be collected through the Payment Provider (acting as the Salon’s agent) in accordance with the terms of the Payment Provider’s contract entered into between you and the Payment Provider.

3.3. By entering into this Agreement, you agree that you are also required to enter into a contract with the Payment Provider authorising the Payment Provider to debit the Membership Fees due for each direct debit period from your Billing Account.

3.4. You must ensure there are sufficient funds in your Billing Account to enable a payment to be processed

3.5. If a payment is declined or otherwise cannot be processed (for example, due to insufficient funds being available) (Dishonoured Transaction), you agree that:

(a) you are responsible for any fees or charges incurred by you from your financial institution in relation to the Dishonoured Transaction; and

(b) the Salon may cancel your membership, regardless of how many weeks into the membership cycle you are

3.6. The Salon reserves the right, at any time and with 30 days written notice to you, to vary the Membership Fees or Membership entitlements. The Salon agrees to use reasonable endeavours to provide you with written notice of the changes, and will contact you directly regarding the next steps to update your membership.

3.7. You acknowledge and agree that the Salon may change its Payment Provider and that the Salon and/or the current Payment Provider may, in their sole discretion, assign all existing payment agreements to a new payment provider.

4. Cancellation/ Reschedule Policy

4.1. All cancellation or rescheduling of appointments must be notified to the Salon [48 hours] in advance of the scheduled appointment time, as per our 48-hour cancellation policy.

4.2. Any late cancellations, reschedules or no-shows will result in the service being processed under the membership, will not be rolled over to the next cycle, and memberships may be cancelled at the Salon’s discretion.

5. Term and Termination of your membership

5.1. Your membership and this Agreement commences on the Start Date and, subject to clause 2, will continue until you choose to cancel it.

5.2. The Salon may cancel this Agreement:

 (a) at any time on immediate written notice to you:

(i) if you fail to make payment of your Membership Fees;

(ii) if you fail to comply with clause 5, in relation to rescheduling

(iii) if you are otherwise in breach of this Agreement; or

(iv) at any time, on 30 days written notice to you.

5.3. In the event that the Salon terminates your membership in accordance with clause 5.2(a), termination will be effective on the date that the Salon sends written notice to you. You are liable to pay all Membership Fees until that date.

5.4. Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.

6. Cancellation of Membership

6.1. You may cancel your membership at any time. Your membership fees will stop immediately and your membership will no longer be valid until you sign up to a new membership.

6.2. If you wish to use the Salon’s Services during the time period for which your membership is cancelled, you will be required to pay the normal advertised price for non-members of the Salon in respect of the Services.

7. Transfer of Membership

7.1. Your membership is not transferable by you, nor able to be exchanged, resold or redeemed for cash.

7.2. Except to the extent permitted by law, memberships are not refundable.

8. Upgrade Membership

You may upgrade your membership to a membership package of greater or lesser value than your Membership Package immediately. If you upgrade your Membership Package, the new membership fees will apply from the date of upgrade and will commence from the next payment date. Payments from previous memberships will be stopped immediately from the date you choose to cancel.

9. General

9.1. The Salon may vary the terms of this Agreement at any time in its discretion. If the Salon varies the terms of this Agreement, it will provide you with reasonable notice of such variations.

9.2. This agreement is governed by and construed in accordance with the laws and the parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.

9.3. No waiver by the Salon of any breach of this Agreement operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by the Salon, its employees or agents (which but for this clause ought or might amount to a waiver of the Salon’s rights in respect of any such breach or default) does not operate as a waiver in any way of the Salon’s rights and powers in respect of such breach or default.

94 .The Salon may assign its rights under this Agreement at any time without your prior consent.

9.5. If a provision of this Agreement is invalid, illegal or unenforceable it will, to the extent that it is invalid, illegal or unenforceable, be treated as severed from this Agreement, without affecting the validity and enforceability of the remaining provisions.

9.6. This Agreement and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in this Agreement, all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are merged in this Agreement and otherwise are hereby excluded and cancelled. You acknowledge that you have not been induced to enter into this Agreement by any representation, advice or information given or made by or on behalf of the Salon.