Terms And Conditions
Welcome to Blow Dry Pass We are a monthly subscription service that gives our members access to unlimited Blow Drys. The Blow Dry Pass platform is provided by The Extraordinary Group Limited (“Blow Dry Pass” or “we”), via the website
These Terms define your and Blow Dry Pass’ rights and obligations and govern your access to and use of any Blow Dry Pass website, mobile application (such as for iPhone or Android) or content, or products and/or services made available through Blow Dry Pass (collectively, the “Site”). The most current version of these Terms can be accessed at any time at www.blowdrypass.com
Changes to these Terms will be notified via posting on the Site (or other written notice to you).
By accessing, browsing, and/or using the Site, you accept and agree to be bound to these Terms. In addition, when using particular membership plans, offers, products, services or features, you also shall be subject to any additional posted guidelines, or rules that are applicable, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
2. Blow Dry Pass Platform
Blow Dry Pass Platform
Blow Dry Pass is a monthly subscription membership that enables Blow Dry Pass members to instantly book and schedule blow drys on a subscription or walk in basis located in partner locations with Blow Dry Pass (“Venues”).
b) Membership Cycles
Your Blow Dry Pass membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (as defined below). Unless we otherwise communicate a different time period to you at the time of sign up (such as a multi-month commitment plan), each Blow Dry Pass cycle is one month in length (a “Membership Cycle”), and will automatically renew each month until your membership is cancelled (by you), or terminated (by us) in accordance with these Terms. For example, if you purchase your Blow Dry Pass membership on April 5, your membership will automatically renew on May 5 (see “Billing Cycles” below). Once your new membership cycle starts, you will have access to your Eligible blow drys for such new membership cycle. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use Blow Dry Pass. We automatically will bill the monthly membership fee to your Payment Method each membership cycle until your membership is cancelled or terminated.
c) Eligible Blow Drys.
Each member receives unlimited blow dry bookings each Membership Cycle (“Eligible Blow Drys”) to be used to visit any location of their choice available to such member on our platform. Blow Dry Pass reserves the right to change from time to time the number of Eligible Blow drys a member can take per cycle, membership plan, geography, location or otherwise. We also may change the number of reservations a member can make and canceled or missed services a member may incur.
d) Membership Plans.
We may offer a number of membership plans, including special promotional plans or memberships, with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
e) Availability and Allocation.
Blow Dry Pass does not guarantee the availability of particular locations or other inventory, and availability may change over time, including during the course of any given Membership Cycle. The type, quantity, allocation and availability of locations and other inventory offered is determined by Blow Dry Pass in its sole discretion. As such, Blow Dry Pass take certain steps to manage inventory, promoting and making available inventory at varying times and in an ongoing and evolving way.
f) Use of Blow Dry Pass.
Your Blow Dry Pass membership is personal to you and you agree not to create more than one account. Members cannot transfer or gift Blow Drys to third parties, including other Blow Dry Pass members. Blow Dry Pass may not be used for commercial purposes. To use your Blow Dry Pass membership you must have access to the Internet. We continually update and test various aspects of the Blow Dry Pass platform. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these test without notice.
By starting your Blow Dry Pass membership, you authorize us to charge you for your initial membership period and a recurring monthly membership fee at the then current rate. Increases in the current rate will be notified to you by e-mail or other notice (such as when you log into your account). You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes or cancellation or late fees, as further explained below.
b) Billing Cycle.
When you sign up and purchase your Blow Dry Pass membership, your first membership cycle will be billed immediately. Your membership will automatically renew each month and you will be billed on the same date each month (being the date on which you signed up), provided that, where such date does not exist in particular renewal month, your membership will be deemed to auto-renew on the day immediately following the date of expiry of your current membership cycle. For example, if you signed up on January 31st, your next auto-renew date will be March 1st, and payment will be taken using your Payment Method on (or as soon as practically possible) after that date. All membership auto-renews will continue to take place on the new auto-renew date (i.e., in this example, the 1st of each month). Payment will be taken on the effective date of your auto-renew (a “Renewal Date”), provided that, if we are unable for any reason to take payment on a Renewal Date, we will take payment as soon as practically possible thereafter.
Generally, our fees (including the monthly fee for your membership and any other fees) are non-refundable, except that we will provide a refund to members for their current pre-paid period in the following circumstances:
if you are canceling as set forth below or
(ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or other services you may have used prior to your cancellation, to the extent permitted by law. Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
d) Price Changes.
We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a posting on the Blow Dry Pass website or mobile applicable or such other means as we may deem appropriate from time to time, such as email.
e) Payment Methods.
You may edit your Payment Method information by logging online and editing it under “My Account” and then “Settings”. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
You may terminate your membership at any time with at least 3 days prior notice ahead of a Renewal Date, by contacting us. For example, if your next Renewal Date is September 30th, you need to cancel by September 27th in order to avoid being charged for the next membership cycle. Following any cancellation you will continue to have access to your subscription through the end of your current prepaid billing period, unless you cancel and receive a refund, in which case your access will be terminated immediately. Note that if you do terminate your membership, there is a discretionary reactivation fee.
g) Reservation and Cancellation of Bookings
As a Blow Dry Pass member you must reserve and cancel your Blow Dry Pass bookings only through the Blow Dry Pass website or mobile application. It is a breach of your Blow Dry Pass subscription terms if you reserve or cancel a service directly with a counter location, including through any online or mobile account you have with a counter location venue. If you reserve or cancel directly with such counter location, we reserve the right to charge you the full amount that the counter location charges for such booking and/or any applicable cancellation fees, and/or to terminate your subscription.
Gifts and Promotions.
From time to time we may make available gift cards for Blow Dry Pass membership, other types of promotions or promotional plans (including through the use of promotional codes or those provided as part of a third party promotion). Promotions and promotional plans may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless otherwise expressly communicated to you in connection with your redemption, promotions and promotional plans are only available to new customers that have never had a Blow Dry Pass account before, are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers and are void where prohibited. To be eligible for certain promotions, your subscription may not be on “hold”.
4. Other Fees
Fees We Charge.
Your Blow Dry Pass membership fee covers your access to any Blow Dry Pass counter locations as explained above. In addition to your membership fee, you are responsible for paying cancellation fees or missed Eligible Class fees if you do not cancel with appropriate notice or do not attend your scheduled Blow dry booking Click here (this is now show and cancellation policy and fees) for our current cancellation and missed class rules including the applicable fees. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign up fee) and to change the amount of any such fees at any time. Additionally, from time to time we may allow you to purchase additional products or services through the Blow Dry Pass Site. If you choose to purchase any of these offerings, you will be responsible to pay the applicable fees in addition to your membership fee.
5. Termination or Modification by Blow Dry Pass
Termination or Modification. You agree that Blow Dry Pass, in its sole discretion and for any or no reason at any time, may
terminate, deactivate and/or suspend any account (or any part thereof) you may have with Blow Dry Pass or use of the Site and remove and discard all or any part of your account or any content uploaded by you and/or (2) discontinue, modify or alter any aspect, feature or policy of the Site or your subscription. Blow Dry Pass may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Blow Dry Pass will not be liable to you or any third party for any such termination, provided that, if Blow Dry Pass terminates your account other than due to breach by you of these Terms, Blow Dry Pass shall refund a pro-rata proportion of the fee paid for the membership cycle in which such termination takes effect.
b) Infringing or Fraudulent Activity.
Blow Dry Pass does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement bodies. These remedies are in addition to any other remedies that Blow Dry Pass may have at law.
6. Eligibility; Registration Information and Password; Site Access
The availability of all or part of our Site may be limited based on demographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Blow Dry Pass or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this Site or to purchase a Blow Dry Pass membership.
THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE UK AND SEPARATE TERMS APPLY TO USERS IN OTHER JURISDICTIONS. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY BLOW DRY PASS BY USING THE SITE, YOU REPRESENT THAT YOU ARE A UNITED KINGDOM RESIDENT, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
b) Subscribing Organizations.
If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
c) Account Information.
You agree that the information you provide to Blow Dry Pass on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
8. Prohibited Conduct
You agree not to:
•Harass, threaten, disrupt or defraud users, members or staff of Blow Dry Pass or Venues or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
•Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
•Impersonate another person or access another user’s account without that person’s permission;
•Share Blow Dry Pass-issued passwords with any third party or encourage any other user to do so;
•Permit third parties to use any bookings booked under your own membership, including other members;
•Reserve or cancel any Blow Dry Pass bookings directly with a counter location, rather than through the Blow Dry Pass Site,
•Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
•Upload material (e.g. virus) that is damaging to computer systems or data of Blow Dry Pass or users of the Site;
•Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
•Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
9. Prohibited Uses
Those who choose to access the Site do so at their own initiative and are responsible for compliance with all applicable laws.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Blow Dry Pass reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
10. User Submissions
The Site provides certain features which enable you and other users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). Blow Dry Pass does not guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand and agree that User Submissions may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Blow Dry Pass’ platform), including any Venue, may read your User Submissions. Blow Dry Pass is not responsible for the use or disclosure of any information that you disclose in connection with User Submissions, including any personal information. User Submissions are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Blow Dry Pass. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not ClassPass, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
b) Right to Remove or Edit User Submissions.
Blow Dry Pass makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice.
c) License Grant by You to Blow Dry Pass.
You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Blow Dry Pass, you hereby grant Blow Dry Pass and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “Blow Dry Pass Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Blow Dry Pass’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
d) User Submissions Representations and Warranties.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Blow Dry Pass to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Blow Dry Pass and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Blow Dry Pass’s or any Blow Dry Pass Licensee’s use of such User Submissions pursuant to these Terms, and Blow Dry Pass’s or any of Blow Dry Pass Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others. Blow Dry Pass may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that Blow Dry Pass determines in its sole discretion to violate the standards of this Site. Blow Dry Pass takes no responsibility and assumes no liability for any User Submissions.
e) Inaccurate or Offensive User Submissions.
You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Blow Dry Pass does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.
YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT NEITHER BLOW DRY PASS (NOR ANY MEMBER OF THE BLOW DRY PASS GROUP OF COMPANIES (WHICH INCLUDES BLOW DRY PASS INC. (USA) AND ANY SUBSIDIARY OF SUCH ENTITY), HAS ANY LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.
If you provide Blow Dry Pass with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Blow Dry Pass shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Blow Dry Pass a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
11. Ownership; Proprietary Rights
The Blow Dry Pass website and mobile applications are owned and operated by the Blow Dry Pass. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Blow Dry Pass (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of Blow Dry Pass or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names used by us on the Site are proprietary to Blow Dry Pass or its affiliates and/or third-party licensors. Except as expressly authorized by Blow Dry Pass, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
12. Third-party Sites, Products and Services; Links
The Site may include links to other web sites or services (“Linked Sites”) solely as a convenience to users. Blow Dry Pass does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Blow Dry Pass makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites.
ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser.
YOU AGREE THAT BLOW DRY PASS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
Notices will be sent to you at the email address that you provided to Blow Dry Pass during the registration process. Notices may be sent to us here.(correspondence address) Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.
YOU AGREE THAT ATTENDANCE AT OUR COUNTER LOCATIONS OR USE OF ANY SUCH PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL BLOW DRY PASS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A SERVICE, PRODUCT OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDER IN CONNECTION WITH THE SERVICES.
UNLESS OTHERWISE EXPRESSLY STATED BY BLOW DRY PASS, THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLOW DRY PASS, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, BOOKING FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
UNLESS OTHERWISE EXPRESSLY STATED BY BLOW DRY PASS, BLOW DRY PASS, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
16. Limitation of Liability and Damages
NOTHING IN THESE TERMS (INCLUDING BUT NOT LIMITED TO THE “DISCLAIMERS” ABOVE AND LIMITATIONS OF LIABILITY BELOW) IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT WE MAY HAVE TO YOU BY OPERATION OF APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION. IT IS ACKNOWLEDGED HOWEVER, THAT WE ACCEPT NO LIABILITY FOR THE NEGLIGENCE OF THIRD PARTIES, INCLUDING ANY STUDIO WHERE YOU MAY REDEEM ELIGIBLE CLASSES. ADVICE ABOUT YOUR LEGAL RIGHTS IS AVAILABLE FROM YOUR LOCAL CITIZENS’ ADVICE BUREAU OR TRADING STANDARDS OFFICE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BLOW DRY PASS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH BLOW DRY PASS, EVEN IF BLOW DRY PASS OR A BLOW DRY PASS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BLOW DRY PASS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17. Venue Waivers and Terms
Members making bookings are deemed to agree to the liability waivers of individual counter locations. Your participation in a service may be subject to addition policies, rules or conditions of the applicable Venue and you understand and agree that you may not be permitted to reserve or attend services if you do not comply with these Terms or the policies of the Venues. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s website or contact the Venue directly.
18. Dispute Resolution
Generally, if a dispute arises between Blow Dry Pass and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Blow Dry Pass agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Blow Dry Pass must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.
b) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
e) Entire Agreement. This (including the documents referred to herein), as each may be amended as set forth herein, is the entire agreement between you and Blow Dry Pass relating to the subject matter herein.
f) Disclosures. The services here under are offered by The Extraordinary Group Limited T/as Blow Dry Pass