GLOWPASS™ TERMS AND CONDITIONS
Last Updated: April 29, 2022
The following GlowPass™ terms and conditions (“Terms and Conditions”) of GP MBM, LLC (“we,” “us,” “our,” or “GlowPass”) supplement the terms and conditions of the GlowPass Membership Agreement (“Membership Agreement”). In the event of a conflict between the Terms and Conditions and your GlowPass Membership Agreement, your GlowPass™ Membership Agreement will control.
Participants of the GlowPass Program (“GlowPass”) must be age 18 years or older and a legal resident of the United States to be eligible for participation. If we choose to extend GlowPass Program participation to persons under the age of 18 (“Minors”), such Minors must obtain their parents’ or legal guardians’ consent prior to participation. By enrolling in the GlowPass Program, you agree (or, if you are a Minor, your parent or legal guardian agrees) to be bound by these Terms and Conditions. To enroll in the GlowPass Program, you must complete the GlowPass Membership Agreement. The GlowPass Program is void where prohibited by law, or subject to change in accordance with applicable law.
As of the date set forth above, membership in the GlowPass Program entitles members to receive the following services (collectively, “Sessions”) each month at participating Amazing Lash Studio®, Drybar®, Elements Massage®, and Radiant Waxing® locations (collectively, “Locations”):
• Unlimited Lash Lift, Refill, and Full Set services at Amazing Lash Studio® locations;
• One waxing service at Radiant Waxing® salons up to the cost of one standard Brazilian wax;
• Four sessions of “The Blowout” at Drybar® shops; and
• Two 1-hour massage sessions at Elements Massage® studios
The monthly allotment and composition of Sessions you are entitled to receive as part of the GlowPass Program is subject to change upon thirty (30) days’ written or electronic notice you to you. Upon request, you may request a copy of your GlowPass Membership Agreement and these Terms and Conditions, which are also available online at https://www.theglowpass.com/term. For more information regarding the program contact us at [email protected] or call (720) 873-5444.
For purposes of clarity, you may only receive Full Set services at participating Amazing Lash Studio® locations pursuant to the GlowPass Program if fourteen (14) days have elapsed after your last Full Set appointment, otherwise you must instead select Refill services. By way of example and not limitation, if you receive Full Set services on the 1st of the month and schedule your next services on the 8th of the month, you can either get a Refill as part of the GlowPass Program or instead pay full price for another Full Set appointment.
At participating Radiant Waxing® salons, you may receive one waxing service, up to the cost of one standard Brazilian wax, each month as part of the GlowPass Program. For purposes of clarity, if you wish to receive two services, which together would equal the cost of one standard Brazilian wax, you may only receive one service per month in connection with the GlowPass Program.
The GlowPass Program and Sessions cannot be combined with any other discounts or promotions (unless noted otherwise on the GlowPass Membership Agreement). If any of the Locations offer a discount or promotion, such discount or promotion cannot be applied to Sessions which would otherwise have been redeemed in connection with the GlowPass Program.
Term of Membership
As a GlowPass member, you may receive your GlowPass Session(s) anytime you wish, subject to each Location’s hours and appointment availability and the terms of your Membership Agreement. WE RECOMMEND THAT YOU REFER TO OUR AFFILIATED BRANDS’ GUIDELINES FOR RECOMMENDED FREQUENCY OF SESSIONS. LOCATIONS HAVE THE RIGHT TO REFUSE SERVICE THAT IN THE PROFESSIONAL OPINION OF THEIR LICENSED ESTHETICIANS, COSMETOLOGISTS, WAXOLOGISTS, MASSAGE THERAPISTS OR OTHER PROFESSIONALS COULD INJURE YOU OR IS UNSAFE AT THAT TIME.
You are required to present photo ID when checking in for services at Locations.
Payments are charged to your credit/debit card beginning the day you sign up and monthly thereafter as further set forth in the GlowPass Membership Agreement. You acknowledge that we, our affiliates, and our franchise owners are all separate legal entities and that the Sessions you are entitled to receive through the GlowPass Membership Agreement will be provided by franchisees of our affiliates that franchise the Amazing Lash Studio®, Drybar®, Elements Massage®, and Radiant Waxing® systems, and not by us or any of our affiliates (except for two Elements Massage® studios in Colorado). Prices for additional services may vary by Location. GlowPass membership rates may vary by location and are subject to change upon 30 days’ written or electronic notice to you. GlowPass membership payments and Location service costs may be subject to tax in some localities and States.
You are responsible for all payments and related fees due pursuant to your GlowPass Membership Agreement. In our addition to our rights under your GlowPass Membership Agreement, we, on our own or through our designee(s), reserve the right to collect any and all delinquent dues or fees owed by you. If you are delinquent in payment of your payments or fees, we, on our own or through our designee(s), reserve the right to refer you to a collection agency and you must pay all reasonable collection costs associated with the collection of such unpaid payments or fees.
You understand that your credit/debit card information will be monitored by our software system, including the date of expiration. Your failure to provide us with updated, current, credit/debit card information may result in suspension or termination of your membership.
You must engage in appropriate conduct and decorum associated with the receipt of services at any Location, as determined by each Location at its discretion.
We may revoke your membership in the GlowPass Program or discontinue services at any time for failure to abide by the GlowPass Membership Agreement or these Terms and Conditions. The interpretation and application of these Terms and Conditions and GlowPass Membership Agreements are at our sole discretion and determination.
Neither we, our affiliates, nor any of their franchisees are responsible for lost or stolen articles or goods while you are present at any Location at which Sessions are provided.
We and our affiliates and their franchisees are not liable to you for the independent professional decisions, services, and advice you receive from Locations’ licensed estheticians, cosmetologists, waxologists, massage therapists, and related professionals through your GlowPass Program membership. GP MBM, LLC is not involved in, and is not responsible for, employment and personnel matters and decisions made by any Amazing Lash Studio®, Drybar®, Elements Massage®, or Radiant Waxing® franchise owner.
You must keep your contact information and pertinent medical and skin care product use information up-to-date and inform Locations of any changes. Neither we nor our affiliates or their franchisees are responsible for errors, allergic reactions, or other effects caused by incorrect or outdated member information.
You acknowledge and agree that neither we nor anyone else has made any other representations to induce you to become a GlowPass member or otherwise participate in this membership program.
By participating in the GlowPass Program, you hereby agree to indemnify, defend (with counsel selected by us) and hold harmless (to the fullest extent permitted by law) us and our affiliates (including but not limited to the franchisors of the Amazing Lash Studio®, Drybar®, Elements Massage®, and Radiant Waxing® brands) and their employees, franchisees, affiliates, successors, predecessors, and heirs and assigns, from and against any and all claims, demands, obligations, actions, liabilities, defenses, and damages of any kind and nature whatsoever, in law or in equity, whether known or unknown, or which may hereafter be discovered, accrued, or sustained in connection with, as a result of, or in any way arising from your participation or interest in the GlowPass Program, your GlowPass Membership Agreement, these Terms and Conditions, or your receipt of any Sessions.
Assumption of Risk, Release, and Dispute Resolution
The GlowPass Membership Agreement, including these Terms and Conditions, will be governed by and interpreted under Arizona law (without regard to its rules on conflicts of law). On behalf of yourself, your heirs, family, assigns, and successors, by submitting a GlowPass Membership Agreement, you hereby waive all claims, assume all risks and liability, and release, indemnify, and agree to defend GP MBM, LLC, its subsidiaries and affiliates and their respective franchisees, shareholders, members, principals, owners, officers, directors, employees, agents, representative, successors, and assigns (each a “Released Party”) from liability for any injury, claim, cause of action, suit, demand, and damages (each a “Claim”) (including, without limitation, personal injury, economic loss, and punitive or consequential damages) arising in whole or in part out of your receipt of services at any Locations, including any Claims based on any Released Party’s negligence, breach of any contract and/or express or implied warranty, or any and all violation(s) of applicable federal law or law of the state in which any Locations are located, whether known or unknown as of the date you submitted your GlowPass Membership Agreement. If any damages are nevertheless enforced against any Released Party, such damages shall exclude punitive or consequential damages and shall be limited to the total amount you have paid to GP MBM, LLC in the twelve (12) months preceding the Claim. As a precondition to initiating any legal proceeding against any Released Party, you agree to engage in mediation of any Claims with GP MBM, LLC. Any and all further disputes and legal proceedings arising under or relating to the GlowPass Membership Agreement, including these Terms and Conditions, or the parties’ relationship described herein will be resolved by arbitration under the Commercial Arbitration Rules of the American Arbitration Association. You agree that arbitration will be conducted on an individual basis, and may not be conducted on a class-wide basis or consolidated with any other arbitration proceeding. Any arbitration will be venued in Denver, Colorado. The prevailing party in any dispute will recover its costs and expenses incurred, including reasonable attorneys’ fees, from the non-prevailing party.
WEBSITE TERMS OF SERVICE
Last Updated: February 24, 2022
1. Terms of Service
2. Applicability of These Terms
These Terms apply to all who use or access the GP Sites (“Users”, “you” or “your”). Users can be individuals, businesses, or other organizations. If you are agreeing to these Terms on behalf of another, you represent and warrant that you have the authority to do so and that they are above the age of thirteen (13).
These Terms do not apply to third-party sites or applications or third-party services/providers to which we provide access through the GP Sites. We encourage you to review the terms and privacy policies of these sites and applications before you use them.
These Terms do not apply to services received at physical Franchisee locations. Franchisees may require you to enter into agreements with those independently owned and operated franchise locations or abide by additional terms of service or privacy policies applicable to the services provided at that physical location (“Franchisee Agreements”). GlowPass disclaims any and all liability arising out of or in connection with the Franchisee Agreements.
You must be eighteen (18) years of age to use the GP Sites. If you learn that your minor under thirteen (13) years of age has used the GP Sites without your consent, please e-mail us at [email protected]
We may revise and update these Terms in our sole discretion, and will post any updates to the Terms on the GP Sites.
3. Access and Use of the GP Sites
• Account Security: GlowPass employs reasonable commercial efforts to deploy and maintain reasonable administrative, physical, and technical safeguards to keep your data and other information confidential and secure. You may be required to create their own unique account prior to gaining access to the GP Sites. You shall be responsible for appropriately securing their accounts, computers, and other electronic devices used to access the GP Sites and for protecting their passwords and other access rights to the GP Sites. you may not interfere with others’ legitimate access to and use of the GP Sites. GlowPass may monitor use of the GP Sites for security and technical support purposes and for validating compliance with these Terms. GlowPass may at any time remove access rights to the GP Sites or require you to change your passwords if GlowPass determines, in its sole discretion, that you use or access to the GP Sites poses an imminent threat to the GP Sites, to others’ use of the GP Sites, or of a violation of law. GlowPass will restore connectivity and functionality as soon as practicable after GlowPass identifies and neutralizes the threat and implements any measures to ensure the threat does not reoccur. You shall be responsible for ensuring that the information provided pursuant to your use of the GP Sites is accurate.
• Mobile Services: GlowPass and its Affiliated Brands may send push notifications, SMS/text messages, or other electronic messages to your mobile device, including but not limited to, for marketing purposes. Your wireless service carrier's charges, data rates, and other fees may apply. Under no circumstances will GlowPass be responsible for any internet service or wireless service carrier charges, fees, or expenses incurred by you. If you change or deactivate your mobile telephone number, you agree to promptly update your account information to stay notified.
• Electronic Communications: By consenting to these Terms, you confirm that you can access electronic information and communications on the GP Sites or via email or mobile services and consent to receiving electronic information and communications, including but not limited to, for marketing purposes by GlowPass and its Affiliated Brands. You give GlowPass and its Affiliated Brands permission to email your information about upcoming appointments, marketing, purchases, shipments, returns, etc. you agree to keep your profile email address up-to-date so GlowPass may communicate with you. You may change your communication preferences at any time in their account or opt-out of marketing or promotion communication by following opt-out procedures found in those communications.
• GLOWPASS’s Rights with Respect to the GP Sites: You acknowledge that GlowPass may limit or control the use of the GP Sites in its discretion at any time and in any manner, including the setting or altering of data retention parameters. GlowPass may terminate accounts that it deems to be inactive. You agree that GlowPass, its directors, officers, employees, successors, and assigns will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the GP Sites, whether temporary or permanent.
• Prohibited Conduct: GlowPass reserves the right to investigate and take appropriate action, including legal action, against anyone who, in GlowPass’ sole discretion, violates these Terms. GlowPass may also suspend or terminate the accounts of violators and report you to law enforcement authorities.
• Special Notice for International Use; Export Controls: GlowPass operates in the United States (U.S.) and is not targeted to individuals who reside in the European Economic Area (EEA) or other countries outside of the U.S.
• Content Submitted to the GP Sites: The opinions expressed on the GP Sites by you reflect solely the opinions of yourself who post thereon and do not reflect the opinions of GlowPass. You acknowledge and agree that we have the right (but not the obligation) to monitor the GP Sites; to alter or remove any comments or other interactions with or on the GP Sites that GlowPass determines, in its sole discretion, is not appropriate; and to disclose such comments and interactions and the circumstances surrounding their transmission to any third party in order to operate the GP Sites properly; to protect ourselves, our sponsors, franchisees, or Users, and to comply with legal obligations or governmental requests. If you believe a message or posting violates these Terms, please contact GlowPass immediately at [email protected] so that we can consider its editing or removal.
4. Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the GP Sites. As a condition of your use of the GP Sites, you warrant that you will not use the GP Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the GP Sites in any manner which could damage, disable, overburden, or impair the GP Sites, or interfere with any other party's use and enjoyment of the GP Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GP Sites.
All content included as part of the GP Sites, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the GP Sites, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the GP Sites. Our content is not for resale. Your use of the GP Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.
GlowPass, in its sole discretion, may suspend or terminate your account or use of any of the GP Sites at any time, without notice, for any reason. You may terminate your account at any time. Upon termination: (a) your usage rights will terminate and you must immediately cease all use of the GP Sites; (b) you will no longer be authorized to access your account or the GP Sites; and (c) all obligations accrued prior to termination and with respect to GlowPass’ intellectual property, limited or absence of liability, indemnity rights, and rights regarding its ownership and control of the GP Sites will survive.
6. User Information Transmitted Through the GP Sites
7. Third Party Websites
GlowPass may provide, or third parties may provide, links or other access to other sites and resources on the GP Sites. GlowPass has no control over such sites and resources and GlowPass is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that GlowPass, its directors, officers, employees, successors, and assigns will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the GP Sites are between you and the third party, and you agree that GlowPass, its directors, officers, employees, successors, and assigns are not liable for any loss or claim that you may have against any such third party.
8. Indemnity and Release
To the fullest extent permitted by law, you are responsible for your use of the GP Sites. You release and agree to indemnify and hold GlowPass and its officers, directors, employees, consultants, successors, assigns, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to: (a) your unauthorized use or misuse of the GP Sites; (b) your violation of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any rights of a third party, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party.
9. Disclaimer of Warranties
USE OF ANY PORTION OF THE GP SITES IS AT YOUR OWN DISCRETION AND RISK. THE GP SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOWPASS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE GP SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE GP SITES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
GLOWPASS MAKES NO WARRANTY THAT ANY PORTION OF THE GP SITES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE GP SITES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (C) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GP SITES WILL BE ACCURATE OR RELIABLE, OR (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE GP SITES WILL MEET YOUR EXPECTATIONS, AND GLOWPASS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
GLOWPASS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUCCESSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE GP SITES, INCLUDING BUT NOT LIMITED TO LOSS OF OR DAMAGE TO YOUR PROPERTY, SUCH AS YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA.
GLOWPASS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUCCESSORS ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY FRANCHISEE AGREEMENTS.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Limitation of Liability
GLOWPASS AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS, OR CONTENT PROVIDERS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE GP SITES: (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR USE OR INABILITY TO USE OR RELIANCE ON THE GP SITES OR ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE GP SITES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GP SITES.
UNLESS OTHERWISE PROHIBITED BY LAW, THE MAXIMUM LIABILITY OF GLOWPASS AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS OR CONTENT PROVIDERS TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION WILL NOT EXCEED $100.00. IN STATES WHERE THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE ARE NOT ALLOWED, GLOWPASS IS RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU.
GLOWPASS DOES NOT LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. THIS SECTION DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, GLOWPASS’S LIABILITY WILL OTHERWISE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Governing Law
12. Construction and Assignmen
• Construction. In the event that these Terms conflict with any agreement between you and GlowPass, these Terms shall govern. In the event that these Terms conflict with any Franchise Agreements, such Franchise Agreements shall govern. The failure of GlowPass to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or a waiver of any subsequent breach or default such provision. If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in that provision, and the other provisions of these Terms will remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. Throughout these Terms the use of the word "including" means "including but not limited to".
• Your Assignment Prohibited without Prior Written Consent. You may not assign these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of GlowPass. Any attempt to assign or transfer the Terms, without such consent, will be void. GlowPass may assign or transfer these Terms, in whole or in part, without restriction and without providing notice to or obtaining consent from you. The provisions of these Terms will inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.
13. Notice for California Users
14. Changes to Terms
These Terms may be updated from time to time. We reserve the right to modify these Terms at any time without notice, so please review these Terms frequently. When changes are made to these Terms, we will revise the “last updated” date at the bottom of these Terms. Your continued use of the GP Sites after we have posted any Terms changes indicates your agreement to the changes unless you notify us otherwise.
If you wish to retain a copy of these Terms, you should print a copy or save a copy for your records.
15. Contact Us
If you have any questions or comments about these Terms or if you wish to report a violation of these Terms, please e-mail us at [email protected] or send us a letter at:
GP MBM, LLC
1890 Wynkoop Street, Unit 1
Denver, Colorado 80202
This membership agreement governs the terms of your GlowPass™ membership and is by and between you and GP MBM, LLC (“we,” “us,” “our,” or “GP MBM”).
Your first payment will be drafted on your GlowPass membership start date, which is the date on which you submit this membership agreement, and will continue to be drafted on or about the monthly anniversary day of each following month for the duration of the membership. MEMBERSHIP AUTOMATICALLY RENEWS ON A MONTH-TO-MONTH BASIS, unless cancelled, terminated, or suspended. You authorize GP MBM (and its successors and assigns) to process credit card or debit card transactions according to the payment method provided by you to us when enrolling. This authorization will remain in effect until this membership agreement is terminated, suspended, or cancelled by the process detailed below. You agree to notify us of any changes to your payment information. GlowPass membership payments are not refundable at any time.
GLOWPASS BENEFITS AND RULES
GlowPass membership entitles you to receive certain Amazing Lash Studio®, Drybar®, Elements Massage®, and Radiant Waxing® services (collectively, “Sessions”) each month as long as your account remains active and in good standing; provided, however, the monthly allotment and composition of Sessions is subject to change upon thirty (30) days’ written or electronic notice to you. Please consult our then-current Terms and Conditions to see the current allotment and composition of Sessions you may use as a GlowPass member. Sessions automatically expire on the following monthly payment date. For purposes of clarity, unused Sessions do not rollover on a monthly basis and following a termination of this membership agreement, you may use your Sessions for up to thirty (30) days from your last monthly payment date (except as otherwise stated herein). You may use your Sessions at any participating Amazing Lash Studio®, Drybar®, Elements Massage®, and Radiant Waxing® locations in the United States (collectively, the “Locations”), subject to the provisions of this membership agreement and our then-current Terms and Conditions. Locations are subject to change. A list of current Locations is available on the GlowPass website. Locations may require additional documentation (such as a separate Intake Form) or check-in requirements, such as presenting a photo ID, for you to utilize services. If you do not have any remaining Sessions at the time of service, you will pay that Location’s then-current standard membership rates for the services; contact Locations for further details. As further set forth in the Terms and Conditions, your GlowPass membership and Sessions cannot be combined with any other offers or discounts at Locations. Further, you will not be entitled to any prepaid services, membership rates, or any other benefits at Amazing Lash Studio®, Drybar®, Elements Massage®, and Radiant Waxing® locations which are not participating in the GlowPass program. You must be 18 years or older to participate in the GlowPass membership program. Notwithstanding the foregoing, each Location is independently owned and operated. Except as otherwise stated herein, this GlowPass membership and any Sessions are not assignable or otherwise transferable and are personal to the undersigned.
MEMBERSHIP CANCELLATION & SUSPENSION
To cancel this membership, you must call our customer service support team at (720) 873-5444 or email [email protected] at least 72 hours prior to your next monthly auto payment date, or such other notice as required by law, to initiate the cancellation process. Cancellation will go into effect on the next monthly auto payment date after we have processed your cancellation notice. In the event of failed payment or inappropriate conduct by you (as determined by us or a Location), we reserve the right to terminate or suspend your GlowPass membership, which will be effective immediately. Upon suspension, all aspects of your GlowPass membership, including the use of any Sessions on your account, will stop until and unless we allow your GlowPass membership to resume. We will notify you if we allow you to resume your GlowPass membership. If so, you may choose to resume your membership at our then-current standard monthly membership rate and you must execute our then-current Membership Agreement. Unused Sessions will be immediately forfeited and not refunded upon termination for inappropriate conduct. Lastly, you may freeze your membership at any time, and from the date of the freeze until the membership is resumed, payment will not be drafted and Sessions will not continue accruing on your account; provided, however, we reserve the right to limit the duration of a membership freeze.
Appointments may be cancelled at no cost up to 24 hours before the appointment's scheduled start time. Locations may charge late cancellation fees for cancellations made with less than 24 hours’ advance notice. All applicable appointment cancellation charges will be automatically drafted from your payment method on file and are not refundable. By submitting this membership agreement, you expressly acknowledge and agree that it is your sole responsibility to contact Locations or visit their websites to understand their specific cancellation policies and fees.
Pre-sales monthly membership rates (if applicable) cannot be combined with any other offers or promotions. Subject to applicable law, we reserve the right to increase your standard monthly membership rate upon thirty (30) days’ written or electronic notice to you. Unless you complete the proper cancellation procedures above, you will incur the increased standard monthly membership rate on your next monthly auto payment date following the end of the notice period. Your access to Locations and redemption of Sessions on your account is subject to applicable law. Each independently owned and operated Location has the right to require you to comply with any health, safety, or sanitation requirements imposed under applicable law, and each Location has the right to refuse service if you do not comply. Your failure to comply with any such requirements may result in loss of Session(s) or cancellation of your GlowPass membership. GP MBM, LLC reserves the right to transfer or assign all or any part of its interest, rights, privileges, duties, and obligations hereunder to any person or legal entity without notice to you or your approval. You acknowledge and agree that this membership agreement shall be binding to the fullest extent permitted by law. This membership agreement will be governed by and interpreted under Arizona law (without regard to its rules on conflicts of law) and such applicable law shall prevail in the event of any conflict with the terms and provisions of this membership agreement. If any term or provision of this membership agreement is deemed to be invalid, illegal, or unenforceable, all other terms and provisions shall remain in full force and effect and furthermore, such invalidity, illegality, or unenforceability shall not invalidate or render unenforceable such term or provision in any other jurisdiction. This membership agreement, together with our then-current Terms and Conditions, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous proposals, agreements, representations, statements, negotiations and understandings, whether oral or written, between the parties concerning the matters set forth in this membership agreement.
For California Residents: Limit the Use of My Sensitive Personal Information
For California Residents: Do Not Sell Or Share My Personal Information
For California Residents: CCPA & CPRA Opt-Out Choice
Non-California Residents: Opt-Out
Last Revised January 9, 2023
SECTION 1 – PERSONAL INFORMATION WE COLLECT
Personal Information You Provide To Us. Personal Information you may provide to us through the services offered by our Affiliated Brands franchised locations, and that may include:
• Information regarding potential COVID-19 exposure, such as your temperature and whether you have symptoms associated with or have been diagnosed with COVID-19.
• Contact data, including but not limited to your first and last name, email and mailing addresses, postal code, phone number, and social media aliases.
• Profile data, such as your username and password that you set to establish an online account with us, and other information you include in your account profile.
• Haircare preferences, such as your hair type, hair concerns, and the products and services you have received from Drybar Products Online or in a Drybar shop, and services you have received from a Drybar shop.
• Massage sessions, eyelash extension services, waxing services, personal training services preferences, products, gift cards, and other services you purchase in these locations or using the WB Sites.
• Communications that we exchange when you communicate with us, such as when you request support, contact us with questions or feedback, or complete our surveys.
• When you use WB Sites, content, such as comments, text, images, audio, video or other content you post to or provide through those sites.
• Appointment information, such as your past and upcoming appointment dates and locations and the services you have requested.
• Payment and transactional data, such as the information needed to complete your in-store orders and purchases (such as name and credit card information), information about your payment transactions, and your order and purchase history.
• Marketing data, such as your preferences for receiving communications about Affiliated Brands’ franchised locations products and services, activities, events, and publications; details about how you engage with our communications; and information you provide when you participate in an event, contest or promotion.
Third party sources. We may collect information about you from third party sources and may combine Personal Information we receive from you with Personal Information we obtain from those other sources, such as:
• Data providers, such as information services and data licensors.
• Public sources, such as public social media platforms.
• Business partners, such as joint marketing partners, licensors/licensees, joint venture partners and event co-sponsors.
• Affiliates and Affiliated Brands franchised locations for which you may also be a consumer.
Automatic collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your activity over time on the WB Sites and other online sites and services, including:
• Device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, internet service provider, the website you visited before browsing to our website, and general location information such as city, state or geographic area.
• Online activity data, such as what pages you visit, what products or files you view, referring/exit pages and the third-party sites that led you to our site or mobile application.
• Precise geolocation data, such as when you authorize our mobile application or your web browser to access your location.
Cookies and similar technologies. Some of our automatic data collection on the WB Sites is facilitated by:
• Cookies, which are text files that websites store about a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of tracking user activity and patterns, helping you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience.
• Flash cookies, or locally-stored objects, which are used for purposes similar to cookies but allow storage of a larger amount of data.
• Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened or that certain content was viewed or clicked, typically to compile statistics about the usage of websites and the success of marketing campaigns.
• Software development kits, or SDKs, which are used to incorporate third party computer code into our application that allows the third party service providers or advertising partners to collect data directly from it for a variety of purposes, including to provide us with analytics regarding the use of the Drybar mobile application, to integrate with social media, add features or functionality to our app, or to facilitate online advertising.
Information about others. You may have the opportunity to share Personal Information about others with us, such as when you book an appointment for them through WB Sites, purchase a gift card for a third party, or refer friends or other contacts to WB Sites. When you share the Personal Information of others with us, you are responsible for ensuring you have their permission to do so.
Information from Drybar Products Online. As part of our integration with Drybar Products Online, they will provide us with certain Personal Information about you, such as profile data and contact data, including name, phone number, e-mail, and product purchase history relating to your shared account on the WB Sites and with Drybar Products Online, your marketing data, and certain transactional data relating to your online purchases.
SECTION 2 – HOW WE USE YOUR PERSONAL INFORMATION
We may use categories of information for business and commercial purposes such as:
• provide, operate and improve the WB Sites, such as when we or Affiliated Brands’ franchised locations use your Personal Information to schedule and confirm appointments with you and process your transactions for the blowouts services, massage sessions, eyelash extension services, waxing services, personal training services, products, gift cards, and other services you purchase in these locations or using the WB Sites;
• verify your identity;
• determine whether you may have, or have been exposed to COVID-19;
• prevent fraud and abuse;
• identify your shopping preferences and your shopping activities;
• open and manage an account;
• deliver requested products and services or respond to questions;
• process a reservation, as well as provide services;
• enroll you in a program;
• send you Affiliated Brands’ franchise locations newsletters, coupons, updates, reminders, related email marketing, and other information;
• ensure a high standard of service to you;
• meet regulatory requirements;
• send SMS updates, appointment reminders, and special marketing promotions;
• promote Affiliated Brands’ franchised locations products or services to you;
• respond to your queries and communicate with you about the WB Sites, including by sending announcements, updates, security alerts, and support and administrative messages;
• to keep track of customer feedback, understand your needs and interests, and personalize your experience with the WB Sites and Affiliated Brands’ franchised locations communications; and
• improve customer service and provide support and maintenance for the WB Sites.
Research and development. We may use your Personal Information for research and development purposes, including to customize the data activities on the WB Sites, improve the online experience, and analyze and improve the data activities on the WB Sites and business. As part of these activities, we may create aggregated, de-identified, or other anonymous data from Personal Information we collect. We make Personal Information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the data activities on the WB Sites and promote the business.
Marketing and advertising. We, our Affiliated Brands franchised locations and our third-party advertising partners may collect and use your Personal Information for marketing and advertising purposes:
• Direct Marketing. We may send you direct marketing communications as permitted by law, including but not limited to communications from our Affiliates and Affiliated Brands franchised locations for their respective products or services. You may opt-out of marketing communications as described below
Compliance and Operations. We may use your Personal Information in the following circumstances:
• When the collection, use, or disclosure of Personal Information is permitted or required by law;
• In an emergency that threatens your life, health, or personal security;
• To comply with orders of public health authorities and related obligations;
• When the Personal Information is available from a public source (e.g., a telephone directory);
• When we require legal advice from a lawyer or for auditing and other professional services;
• For the purposes of collecting a debt or to protect ourselves from fraud;
• To investigate an anticipated breach of an agreement or a contravention of law;
• To prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft.
• If WBB, its Affiliates, or any Affiliated Brands is acquired or merged with another company, your information may be transferred to the new owners so that they may continue to service or sell products to you.
SECTION 3 – HOW WE SHARE YOUR PERSONAL INFORMATION
Other Users And The Public. If at any time the WB Sites offer any chat rooms, comments, notice board facilities, reviews, social media, newsgroups, etc., information that you post or make available may be collected by other users or the public. Please note that we cannot be responsible for other parties’ use of the Personal Information, which you may make available to such third parties through any chat room, comments, notice board, newsgroup, etc. on the WB Sites. Please be careful about what Personal Information you disclose in this way.
Service Providers. We may share your Personal Information with unrelated companies and individuals that provide services on our behalf or help us operate the WB Sites or our or our Affiliated Brand’s franchised business (such as customer support, hosting, payment processing, appointment booking, analytics, email delivery, marketing, and database management services). These third parties may use your Personal Information only as authorized under our contracts with them.
Advertising Partners. We may sometimes share your Personal Information with our advertising partners, and may enable such partners to collect information directly via the WB Sites for the purposes described in the Marketing and Advertising section, above.
Professional Advisors. We may share your Personal Information with professional advisors, such as lawyers, bankers, financial advisors, accountants, auditors and insurers, where necessary in the course of the professional services that they render to us.
Authorities And Others. We may share your Personal Information with law enforcement, government authorities, and private parties, when we believe in good faith it is necessary or appropriate as further described in the “Compliance and Operations” section above.
Business Transferees. We may sell, transfer or otherwise share some or all of our business or assets, including your Personal Information, with relevant participants in business transactions (or potential transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, WBB, our parents, subsidiaries, or Affiliates, and Affiliated Brands (including, in connection with a bankruptcy or similar proceedings).
SECTION 4 – YOUR CHOICES
In this section, we describe the rights and choices available to all users.
Opt Out Of Marketing Communications. If you no longer wish to receive marketing-related emails from us, you may opt out by clicking the “unsubscribe” option in the email message, informing us at [email protected], or mailing us at: Legal Dept / 1890 Wynkoop St., Unit 1, Denver CO 80202, call (866) 969-5666. You may continue to receive service-related and other non-marketing emails
If you consent to receive text messages, you may receive auto-dialed appointment confirmations and reminders in addition to marketing or promotional texts. You may receive SMS or MMS messages. Message and data rates may apply, check with your cellular or data carrier for information. Appointment confirmations and reminders will be based on the number of appointments you make. Consent to receive text messages is not required/not a condition for purchase of products or services. You can opt out of receiving text messages. To stop receiving text messages, reply STOP to any text message you receive.
Choosing Not To Share Your Personal Information. Subject to certain exceptions (e.g., the Personal Information is necessary to provide the services or product, or where we must use your Personal Information to perform a legal obligation), you can choose not to share your Personal Information with us. If you do not provide this Personal Information when requested, it may restrict us or our Affiliated Brands’ franchised locations’ ability to provide a particular service or product. If so, we will explain the situation to assist you in making the decision by telling you what information you must provide to receive the services by designating it as required at the time of collection or through other appropriate means.
Location Data. Users of our mobile application also have the choice whether to allow us to access your precise location data. Your device settings may provide the ability for you to revoke our ability to access location data. Most web browsers also have the choice to allow us to access your precise location data. To disable this feature, please check your browser settings.
Advertising Choices. Some of the business partners that collect information about users’ activities on or through the WB Sites may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.
Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.
In addition, your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.
If you choose to opt out of targeted advertisements, you will still see advertisements online, but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
SECTION 5 – SECURITY
The security of your Personal Information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the Personal Information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your Personal Information.
SECTION 6 – OTHER SITES, MOBILE APPLICATIONS AND SERVICES
The WB Sites may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites, mobile applications and services follow different rules regarding the collection, use and sharing of your Personal Information. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.
SECTION 7 – CHILDREN
The WB Sites are not intended for use by children under 13 years of age, and we do not intentionally collect Personal Information from children under 13. If we learn that we have collected Personal Information from a child under 13 without the consent of the child’s parent or guardian as required by law, we will delete it.
SECTION 9 – HOW TO CONTACT US
Please direct any questions or comments to: Legal Dept / 1890 Wynkoop St., Unit 1, Denver CO 80202, [email protected], or call (866) 969-5666.
SECTION 10 – IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
This section applies only to California residents. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act (“CPRA”) but does not include information exempted from the scope of the CCPA or CPRA .
Personal Information That We Collect, Use And Share. We have created a table below which summarizes the Personal Information we have collected by reference to the categories specified in the CCPA, during the preceding 12 months.
The sources from which we collect this Personal Information are described in the section above titled “Personal Information We Collect” and the categories of third parties with whom we share Personal Information are described in the section above titled “How We Share Your Personal Information”. The business and commercial purposes for our collection, use, and disclosure of Personal Information are described in the section above titled “How We Use Your Personal Information.”
We disclose each of the categories of Personal Information for a business purpose (as defined in the CCPA). In addition, the CCPA and CPRA requires us to disclose which categories of Personal Information we share with third parties for “valuable consideration.” We share the following categories of Personal Information with the advertising partners and business partners described in the section above titled “How We Share Your Personal Information”: Identifiers, commercial information, internet or network activity, online identifiers, inferences, and physical description. You may opt-out of this sharing by following the instructions below.
Your California Privacy Rights. If you are a California resident, you can request to exercise your privacy rights as detailed within CCPA and CPRA and listed below.
• Opt-Out Of Sales. If we “sell” your Personal Information, you can opt-out. In addition, if you direct us not to sell your Personal Information, we will consider it a request pursuant to California’s “Shine the Light” law to stop sharing your Personal Information covered by that law with third parties for their direct marketing purposes.
• Deletion. You can ask WBB to delete the Personal Information that we have collected about you.
• Access. You can ask WBB for a copy of the Personal Information that we have collected about you.
• Correction. You have the right to request corrections of any inaccuracies in your Personal Information
• Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
⚬ The categories of Personal Information that we have collected.
⚬ The categories of sources from which we collected Personal Information.
⚬ The business or commercial purpose for collecting and/or selling Personal Information.
⚬ The categories of third parties with whom we share Personal Information.
⚬ Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third party recipient.
⚬ Whether we’ve sold your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient.
• You are entitled to exercise your CCPA and CPRA privacy rights described above free from discrimination in the form of legally prohibited increases in the price or decreases in the quality of our services.
How To Exercise Your Rights. You may request to exercise your California privacy rights described above as follows:
• Right to information, access, correction, and deletion.
⚬ You can click https://www.drybarshops.com/privacy-policy/
⚬ Call us at (866) 969-5666
⚬ If either of these don’t work, send us an email to [email protected].
Limit The Use Or Disclosure Of Sensitive Personal Information.
• The CCPA and CPRA also allow you to limit the use or disclosure of Sensitive Personal Information (“SPI”) such as Covid 19 screening information. We collect SPI to protect our clients and our employees. We do not collect SPI for general marketing or any other purpose and this information is not shared with any third party.
WBB is happy to process your privacy enactment request, once we have confirmed your identity and validated that you reside in California. As part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
If you are somehow affiliated to WBB, in that perhaps you are an employee, vendor, contractor, or hold any other position for or within the company, and you reside in California, feel free to enact your CCPA rights using the methods detailed in this section. Unfortunately, we won’t be able to send you any human resource related information or other information in accordance with applicable law (examples may be; payroll, PTO, benefits, contract information), but we will process your privacy enactment request in the same manner that we would for any other California Resident. Requesting to exercise your CCPA and CPRA privacy rights won’t change the affiliation you have with WBB in any way.
Your California privacy rights are not absolute, and in certain cases we may decline your request as permitted by law. For example, WBB may reject privacy enactment requests if there is any suspected malice, including any which may be deceptive, fraudulent, illegal or pose a security threat. WBB may also reject requests related to legal or criminal matters, or if they’re related to any in-progress transactions or purchases.
SECTION 11 – YOUR STATE PRIVACY RIGHTS
State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
• Confirm whether we process their Personal Information.
• Access and delete certain Personal Information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
• Correct inaccuracies in their Personal Information, taking into account the information’s nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights please do so by either
Calling us at: (866) 969-5666 or
Submit a request to : [email protected]
SECTION 12 – DATA RETENTION
Identifiers which may include a real name, postal address, telephone number, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers will be retained for as long as services are performed and thereafter for record keeping purposes or as otherwise required by law or legal process.
Commercial information which may include records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies will be retained for as long as services are performed and thereafter for record keeping purposes or as otherwise required by law or legal process.
Internet or other similar network activity may include browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement will be retained only for as long as services are performed and for record keeping purposes or as otherwise required by law or legal process.
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