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#Bubbles Besties Terms of Use

Last Updated: November 18, 2024

We love to feature photos of our clients and our stylists’ creations. The #BubblesBesties Program gives our clients and stylists the opportunity to have their photos, videos, and other User Content (which is defined in the Terms of Service for the HCFB Digital Platforms featured on our websites, blogs, on social media, and in our digital and print advertising, so long as everyone abides by the #BubblesBesties Terms of Use (“#BubblesBesties Terms”). If you’re reading this, we’ve probably requested your permission to feature your User Content in this way, so please read these #BubblesBesties Terms carefully.

If you choose to allow us to use your User Content in the #BubblesBesties Program, you agree to be bound by the #BubblesBesties Terms, as well as our Privacy Notice , the Terms of Service for the HCFB Digital Platforms, and any other applicable terms, which are incorporated by reference and can be viewed via links on the Bubbles® Salons homepage. We sometimes refer to these, collectively, as our “Agreement” with you. The #BubblesBesties Terms are in addition to, and do not limit, any other part of our Agreement.If there is a conflict between the Terms of Service for the HCFB Digital Platforms and the #BubblesBesties Terms, the #BubblesBesties Terms apply.

We reserve the right to change the #BubblesBesties Terms by posting an updated version on our website , so you should review the latest version each time you give us permission to feature your User Content, image, or likeness, or otherwise participate in the #BubblesBesties Program. If you don’t agree with the #BubblesBesties Terms, or any other part of the Agreement, please don’t participate in the #BubblesBesties Program. In case you’ve already joined, you can always opt out by following the instructions, below.

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

  • You agree to follow our Information Dispute Resolution process, described below , before you bring a claim in court or initiate an arbitration. And, we agree to do the same, provided we have a valid email address for you.
  • You agree that any Disputes between us will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any disputes will not be decided by a judge or a jury but, instead, will be decided in a private arbitration. .
  • You agree that you will not sue us in a class action, either as a named plaintiff or a class member. This is called a “ CLASS ACTION WAIVER .”

If you have questions, feel free to reach out by using the Contact Us methods available on our websites and mobile apps or by calling our Guest and People Care Center at 877-319-3919.

Who we are

We are HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, its direct and indirect subsidiaries, and its affiliates (“HCFB”). We manage a family of brands that includes Hair Cuttery®, Bubbles® Salons, and Cibu® (“Our Brands”).

About the #BubblesBesties Program

We started the #BubblesBesties Program to showcase our stylists’ talents, and clients’ new looks, including on our websites, blogs, on social media, in our digital and print advertising, and for other lawful purposes. We also maintain a database of “style” photographs (the BubblesBesties LookBook ”) to inspire looks for all hair types from our Bubbles® Salons community.

When you agree to the #BubblesBesties Program,you grant us a license (described below) with regard to the User Content yousubmit, and agree that we can use that User Content (which in some caseincludes photos, videos and other information identifying you), your name, screen name, and other potentially personally identifying information, for commercialpurposes, such as in our print and digital marketing materials, social media and in our stores. You also promise that any content you provide meets theeligibility requirements of the #BubblesBesties Program, which are described inmore detail, below. By responding #YestoBubbles, you are providing this agreement in writing.

Who can participate in the #BubblesBesties Program

Our adult clients and stylists may participate in the #BubblesBesties Program by posting on social media and replying #YestoBubbles in response one of our requests, which are described in more detail, below. The #BubblesBesties Program is intended for stylists and clients of HCFB who are adults and can form legally binding agreements. You must be a permanent legal resident of the U.S. and be at least the age of majority in your state of residence to participate in the #BubblesBesties Program.

How to participate in the #BubblesBesties Program

The first step for anyone who wants to participate in the #BubblesBesties Program is to make sure that the photo, image, video, or other content you wish to submit is eligible. Eligible content must meet all of the criteria set forth in these #BubblesBesties Terms, be your User Content (as defined in the Terms of Service for the HCFB Digital Platforms ), and comply with our content guidelines . Additional rules may vary, depending on whether you submit a photo of yourself or your minor child, or whether you’re a stylist who wants us to feature the styles you create for clients. Keep reading for more information.

After verifying that the content they want to feature is eligible, clients and stylists may participate in the #BubblesBesties Program by posting their User Content to social media with the hashtag #BubblesBesties (or tagging @HairCuttery, @cibu, @Bubbles or @HairCutteryFamilyofBrands) and replying #YestoBubbles in response to a request from a verified Bubbles® Salons or other HCFB account. Although the requests will vary, examples include:

  • “We’re drooling with hair-envy. Could we share this photo on our websites, social media, and other advertising? The #BubblesBesties Terms apply, so make sure to read them ! If you agree, reply #YestoBubbles.”
  • “This is crazy impressive! Would you allow us to share this photo on our websites, social media, and other advertising? The #BubblesBesties Terms apply, so make sure to read them ! If you agree, reply #YestoBubbles.”
  • “Wow! Stunningly beautiful hair! Could we share this on our websites, social media, and other advertising? The #BubblesBesties Terms apply, so make sure to read them ! If you agree, reply #YestoBubbles.”
  • “Your work is gorgeous! Would it be okay if we shared it on our websites, social media, and other advertising? The #BubblesBesties Terms apply, so make sure to read them ! If you agree, reply #YestoBubbles.”
  • “OMG this is beyond gorgeous! Would it be okay if we share it on websites, social media, and other advertising? The #BubblesBesties Terms apply, so make sure to read them! If you agree, reply #YestoBubbles.”
  • “Love this photo! Would it be ok if we shared it on our websites, social media, and other advertising? The #BubblesBesties Terms apply, so make sure to read them ! If you agree, reply #YestoBubbles.”

By engaging with HCFB and responding with #YestoBubbles, you promise to be bound by the #BubblesBesties Terms and the rest of our Agreement and that the image is of an adult (subject to the exceptions included in these #BubblesBesties Terms). If you don’t agree, please do not use the Bubbles® Salons created hashtags #BubblesBesties, #YestoBubbles, or otherwise participate in the #BubblesBesties Program.

Rules for clients who want to be featured in the #BubblesBesties Program

Clients who want to the chance be featured in the #BubblesBesties Program must grant permission for HCFB, its affiliates, subsidiaries, agents, and partners, to share photos of their hair, face, image, likeness, name, screen name, and other potentially personally identifiable information that you provide, including on our Digital Platforms , on social media, and in printed form, for advertising, commercial, and other lawful purposes, waive the right to review or receive any compensation from the use of the material, and release HCFB, and its employees, agents, and officers, from liability regarding use of their image and likeness. You must further understand and agree that when you reply #YestoBubbles you provide HCFB the above consents, in writing.

By posting a photo of yourself (or your minor child over the age of 16), and responding #YestoBubbles, you give us the permissions described in this section, in writing, promise to be bound by the #BubblesBesties Terms, and warrant that you are at least the age of majority in your state of residence. If you don’t agree, please do not use the Bubbles® Salons created hashtags #BubblesBesties, #YestoBubbles, or otherwise participate in the #BubblesBesties Program.

Rules for stylists who want to participate in the #BubblesBesties Program

Stylists who want to feature their creations in the #BubblesBesties Program may submit User Content with their clients’ styles, so long as that individual cannot be reasonably identified. Images, photos, videos showing an individual’s back and hair are permitted; but, nothing else should be visible. Photos, videos, and images submitted in connection with the #BubblesBesties Program may not reveal any part of the individual’s face or profile, including but not limited to eye(s), nose, or chin, and may not include any unique physical features or text that would be sufficient to identify an individual.

Stylists may also submit photos of themselves for the chance to be featured in the #BubblesBesties Program, subject to the rules and conditions set forth in these #BubblesBesties Terms. If you’re a stylist who submits a picture of yourself (or your minor child over the age of 16), by responding #YestoBubbles or a similar message, you provide written permission to HCFB, its affiliates, subsidiaries, agents, and partners, to share photos of your hair, face, likeness, name, screen name (or that of your child), and other potentially personally identifiable information that you provide, including on our Digital Platforms , on social media, and in printed form, for advertising, commercial, and other lawful purposes, waive the right to review or receive any compensation from the use of the material, and release HCFB, and its employees, agents, and officers, from liability regarding use of that image, likeness, or information.

Rules for parents who want to feature their kids in the #BubblesBesties Program

Photos of children under the age of 16 should never be part of the #BubblesBesties Program. We don’t knowingly send messages requesting permission to use a picture in the #BubblesBesties Program if we think the person in the photo is a child under the age of 16. Do not reply #YestoBubbles if you receive a request for a photo of a child under the age of 16.

If you are the parent or legal guardian of a minor over the age of 16, and want the chance for your child’s photo to be featured in the #BubblesBesties Program, you may tag an eligible photo, as described above. Don’t use the Bubbles® Salons created hashtags #BubblesBesties or #YestoBubbles in connection with the picture of a minor who is not your child or legal guardian, even if that child is over the age of 16. If you receive a #BubblesBesties message regarding a photo of a child under the age of majority, you should not respond #YestoBubbles unless you are the parent or guardian of that child. If you respond #YestoBubbles with respect to a photograph of your child, you are promising that you are that child’s parent or legal guardian and that they are over the age of 16. By responding #YestoBubbles, you also provide HCFB with written consent to use that child’s image and likeness for commercial purposes, including print and digital advertising and on social media, waive the right to review or receive any compensation from the use of the material, and release HCFB, and its employees, agents, and officers, from liability regarding use of their image and likeness.

Please notify us immediately if you believe that we have used a photo of a child under the age of 16 in the #BubblesBesties Program by emailing us at guestcare@haircuttery.com or by calling 877-319-3919.

You promise that the content you submit is your own

You hereby represent and warrant to us that you have all necessary rights (including copyrights, trademarks, rights of publicly, etc.) to grant us the license and rights you grant to us, including with respect to your User Content, image, likeness, and other information submitted in connection with the #BubblesBesties Program, whether by virtue of our Agreement or any additional rights granted through these #BubblesBesties Terms. If you believe any #BubblesBesties user or User Content has infringed any third party’s rights (including copyrights, trademarks or rights of publicity), please provide us with written notice in accordance with the DMCA notice procedure set forth in Terms of Service for the HCFB Digital Platforms .

We can use the content you submit, but we don’t have to

The #BubblesBesties Terms do not grant us ownership of the User Content, personal information, or any image or likeness of you that you agree to include in the #BubblesBesties Program. However, you hereby grant to us an irrevocable, nonexclusive, perpetual, royalty-free, worldwide, transferable and sublicensable license and right to use the User Content you provide to us for the #BubblesBesties Program, including any identifiable information, image, or likeness of you, on any of our websites, blogs, social media pages, the #BubblesBesties LookBook, and in our paid and unpaid digital or print advertisements. You further agree that we have the right, without limitation, to edit, stylize, crop, digitize or otherwise alter your User Content, including any image or likeness of you that you’ve agreed to include in the #BubblesBesties Program, and use the same in accordance with the rights you grant under the #BubblesBesties Terms, and that you will not be given the opportunity to review or approve such alterations.

You agree that you have received adequate consideration, including through the publicity of your #BubblesBestiesContent, including any image or likeness of you that you’ve agreed to include in the #BubblesBesties Program, in exchange for your agreement to these #BubblesBesties Terms. You also agree that we aren’t obligated to provide you with any attribution or credit when we use your #BubblesBesties User Content or any image or likeness of you that you’ve agreed to include in #BubblesBesties Program, and will not be held liable for any failure to provide you with credit or for any errors in the same. You agree that nothing in these #BubblesBesties Terms obligates us to make any use of your #BubblesBesties User Content, or your image or likeness. We simply have the right to use it if we choose to do so.

How we choose content

We choose photos, videos, and other User Content for the #BubblesBesties Program from social media platforms, such as Instagram and Twitter, and other social networks. In order to do this, we engage a limited number of service providers to help identify and collect User Content that mentions #BubblesBesties, @HairCuttery, @cibu, @Bubbles or @HairCutteryFamilyofBrands, audit that User Content for quality, and filter out material that violates certain of our content guidelines (which are describe in the Terms of Service for the HCFB Digital Platforms ). Our team then messages posters of the available User Content, as described above, asking to use their User Content, image or likeness (as applicable). Not all content submitted to the #BubblesBesties Program is chosen or featured. If the poster accepts and responds back with the hashtag #YestoBubbles, then we maintain the user content to use as part of the #BubblesBesties Program. If the poster doesn’t respond in 7 days, then the request is deemed denied. We may request again but will stop after two tries if we do not receive #YestoBubbles in response.

You can ask us to stop using your User Content or likeness

You can request that photos and other User Content be removed by emailing us at: guestcare@haircuttery.com . You must provide your name and social media handle associated with the photo and the specific posting or image that you would like removed. We will try to respond as quickly as possible.

Privacy

The personal information collected, processed and used as part of the #BubblesBesties Program will be used in accordance with our Privacy Notice , and the #BubblesBesties Terms do not limit any rights we already have under our Privacy Notice. In the event of a conflict between these #BubblesBesties Terms and our Privacy Notice, the #BubblesBesties Terms control. By participating in the #BubblesBesties Program, you agree to this. If you have any questions regarding privacy, please read our Privacy Policy

Third-parties

You acknowledge that when you submit content to Instagram, X, or any other third-party website or service, your use of that website or social media service is governed by the terms and conditions and privacy policies of those sites (“Third-Party Terms”) which we do not control. You represent and warrant that your User Content, as well as any image or likeness of you that you’ve agreed to include in the #BubblesBesties Program, is not in violation of any third-party terms. You should familiarize yourself with those terms. Instagram’s terms are located at:  instagram.com/about/legal/terms and  instagram.com/about/legal/privacy . X’s terms and privacy policy are located at:  x.com/en/privacy .

Limitation of liability

We don’t limit or exclude our liability where that would be illegal. For example, some jurisdictions don’t allow certain types of limitations if liability and sometimes these limitations or exclusions of liability won’t apply to you. This is especially the case if you are a consumer. We also do not exclude or limit our liability for fraudulent misrepresentation, intentional or knowing violation of the Agreement, or applicable law, or for death or personal injury resulting from our negligence or the negligence of our agents or employees.

IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, We (and any of our PARENTS, SUBSIDIARIES AND affiliated companies, employees, agents, OFFICERS, shareholders, and directors) are not liable to you or any third person for:

  • any special, incidental, indirect, punitive, EXEMPLARY, or consequential damages; AND,
  • ANY loss of use, profit, BUSINESS, revenue, or data.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF (1) LEGAL THEORY; (2) WHETHER OR NOT THE CLAIM arises from theSE TERMS, ANY OTHER PART OF THE AGREEMENT, OR THE #BUBBLESBESTIES PROGRAM; (3) WHETHER OR NOT we knew or should have known about the possibility of such damages; or, (4) WHETHER OR NOT the limited remedies provided in this section fail of their essential purpose.

EXCEPT FOR THE TYPES OF LIABILITY THAT WE CANNOT LIMIT BY LAW (WHICH ARE DESCRIBED IN THIS SECTION) WE LIMIT OUR LIABILITY TO YOU AND OR TO ANY THIRD PARTY TO $100 US.

Indemnity

If HCFB is sued or receives a claim, notice, inquiry, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means that, without any limitation, you’ll defend, reimburse, compensate, and hold HCFB (and any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees and costs), that arises from your actions, the #BubblesBesties Program, your breach of the Agreement, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our defense however we see fit, including but not limited to our choice of counsel, even if you are indemnifying us, and you agree to cooperate with us in full.

Dispute resolution

We want to try to sort out any disagreements through Information Dispute Resolution. If a dispute or disagreement arises between you and HCFB, before filing a claim or arbitration, you and HCFB will try in good faith to reach an informal resolution. To start the dispute process, you must send an individualized Notice of Dispute to us at legal@haircuttery.com that includes (1) your name, phone number, email address for and (2) a description of the dispute or disagreement and how you’d like it resolved. If HCFB has a dispute or disagreement with you, we will send a Notice of Dispute with the same information to the email address we have on file for you. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and HCFB must cooperate to schedule that meeting by phone or videoconference. You and HCFB each will personally participate and can each bring counsel, but the conference must be individualized, even if the same attorney(s) or law firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

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

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

The foregoing provisions, under “Dispute Resolution,” will continue to apply even if you validly opt out of mandatory individual arbitration and class action waiver.

Consent to mandatory individual arbitration and class action waiver

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

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

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

NO CLASS ACTIONS. You and HCFB agree that each of us may bring Disputes against the other only on an individual basis. We each may only seek or obtain individualized relief and, except as provided in the section below regarding “Batch Arbitration,” Disputes between us cannot be arbitrated or consolidated with those of any another person or entity. This means that you, and HCFB, are not allowed to bring or participate in class actions, collective actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions each other (and we each waive any right we have to bring such claims). If there is a final decision (after exhaustion of all appeals) that any part of this “NO CLASS ACTIONS” section is unenforceable as to a particular claim or request for relief, then that particular claim or request, only, may be severed from the arbitration and litigated in court, but only after the arbitrator issues an award on the arbitrable claims and remedies. The arbitrator does not have the power to modify this provision.

Arbitration Procedures. To initiate arbitration, either you or HCFB must first complete the Informal Dispute Process, wait until the Informal Dispute Resolution Period has end, and then must file an arbitration demand with the American Arbitration Association (“AAA”). You must serve HCFB with any arbitration demand by mail to:

HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands

c/o Legal Department

1640 Boro Place, 4th Floor

McLean, Virginia 22102

If HCFB has a Dispute with you, we will send an arbitration demand to the email we have on file for you.

The arbitration will be conducted in English by a single arbitrator. Unless otherwise agreed by the parties or ordered by the arbitrator, (1) if the amount in controversy for an individual claim is less than $25,000, there will be no telephonic or in-person only and the arbitration will be conducted as “documents-only”, even if the “Batch Arbitration” section, below, applies; and, (2) if the amount in controversy is $25,000 or more, the arbitration will be held by videoconference and there will be no in-person hearing. If, notwithstanding this provision, an in-person hearing is required, it will be held in the county where you live or, in the case of Batch Arbitration, in Fairfax County, Virginia.

The Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules , as modified by these Terms. But if you are using the Services as a business, and the claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by these Terms. The arbitrator shall impose governing law, including the statute of limitations and other time-based defenses, and offers of judgment/compromise. Counsel must comply with Federal Rule of Procedure 11(b) and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law.

All issues shall be for the arbitrator, except that a court has exclusive authority to decide issues related to the arbitrability of a Dispute, the enforceability of any part of the Sections of these Terms labeled “Dispute resolution” and “Consent to mandatory individual arbitration and class action waiver”, including any party’s compliance with the Informal Dispute Resolution process.

Arbitration fees. Unless otherwise stated in these Terms, AAA rules and fee schedules will control the payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”).

Arbitration award. Except in a Batch Arbitration, described below, the arbitrator can award damages and other relief only in favor of the individual claimant, only to the extent necessary to provide relief warranted by the claimant’s individual claims, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. The arbitrator will not be bound by decisions in other arbitrations and the award is final and binding on you and HCFB, except for any right of appeal as provided by the FAA or applicable law. Judgment on the award may be entered in any court with jurisdiction for purposes of enforcement.

Batch arbitration.  If twenty-five (25) or more claimants submit Notices of Dispute or file arbitrations raising similar claims within a 120-day period (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the Disputes must be arbitrated in batches of up to one hundred (100) claimants each (“Batch”). Upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of one hundred (100) claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than hundred (100) claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and (if the arbitration is not documents-only) one hearing per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration, and agree that the AAA Mass Arbitration Supplementary Rules shall apply, except as provided in this Section. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this “Batch Arbitration” section is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.

Exceptions to the agreement to arbitrate. This mandatory individual arbitration provision does not apply to: (1) qualifying claims brought in small-claims court or (2) a lawsuit for injunctive relief to stop unauthorized use of the #BubblesBesties Program or infringement on intellectual property rights.

You may opt out of this mandatory individual arbitration provision and class action waiver. If you are new to the #BubblesBesties Program, and do not consent to this mandatory individual arbitration provision, you can opt out within 30 days after the date on which you first participate in the #BubblesBesties Program and accept these Terms. To opt out, you must timely send a written notification to legal@haircuttery.com or timely mail your written notification to the address below. Your decision to opt out will have no adverse effect on your relationship with HCFB.

HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands

c/o Legal Department

1640 Boro Place, 4th Floor

McLean, Virginia 22102

Your written notification must include your name, the email address associated with your account, and that you want to opt out of the mandatory, individual arbitration agreement. Any opt out request received after the deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Continuation. This provision shall survive the termination of the #BubblesBesties Terms, the #BubblesBesties, and your relationship with HCFB, our parents, subsidiaries, and affiliates.

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

Miscellaneous

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

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

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

Your comments and questions

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

© 2024 HC Salon Holdings, Inc. All Rights Reserved. All designs, logos and related marks associated with the Service are trademarks or registered trademarks of HCFB or licensed to HCFB. All rights reserved.

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