Monthly Membership Agreement

This Membership Agreement (“Agreement”) is made between Heyday Wellness, LLC. and its affiliates, a Delaware limited liability company (referred to herein as “Heyday”, “we”, “our,” and “us”) and the member listed above (referred to herein as “Member,” “you” and “your”) This Agreement governs your Heyday membership (“Membership”).


Definitions

  • “Additional Facials” are defined as any Facial that you receive within a Membership Term for which you do not have a Facial Benefit.
  • “Agreement Date” is defined as the date you signed this Agreement.
  • “Enhancements” are available as an addition to your 50-minute facial and currently include Gua Sha, Diamond Tip Microdermabrasion, Hydro Wand Infusion, Professional Peel, LED Light Therapy, Nano Infusion, and Microcurrent. Please note that our selection of Enhancements is subject to change as we periodically update our offerings to introduce new treatments, accommodate seasonal specialties, or integrate permanent advancements in skincare.
  • “Facial” is defined as a base facial service (currently 50 minutes) that is available at any Heyday location.
  • “First Benefit” is defined as the benefit you receive within a Membership Term.
  • “Products” are defined as retail Products available for purchase in the retail section of a Heyday location or online at heydayskincare.com.. Exclusions may apply at certain times.
  • “Membership Charge Date” i is the date that your debit or credit card will be charged for your monthly membership.
  • “Membership Term” is defined as the period beginning with a Membership Charge Date and ending on the day before the next Membership Charge Date.
  • “Monthly Membership” is defined as the period beginning with a Membership Charge Date and ending on the day before the second subsequent Membership Charge Date, encompassing a duration of approximately 30 days.
  • “Bi-Monthly Membership” is defined as the period beginning with a Membership Charge Date and ending on the day before the second subsequent Membership Charge Date, encompassing a duration of approximately 60 days.
  • “Quarterly Membership” is defined as the period beginning with a Membership Charge Date and ending on the day before the fourth subsequent Membership Charge Date, encompassing a duration of approximately 90 days.
  • “Services” are defined as, the Facials and Enhancements.

Membership & Benefits

By entering into this Agreement and signing up for the Membership, you agree to purchase a Facial Benefit on every Membership Charge Date. In addition to your monthly Facial, you’ll receive the following benefits:

Monthly Membership

  • 50% off Enhancements.
  • 15% off Products – 20% off of Products at time of signing up for a Membership (only available when a Membership is first purchased in store).
  • $85 Additional Facials in a Membership Term (30 days).

Bi-Monthly Membership 

  • 30% off enhancements
  • 10% off Products
  • $99 Additional Facials in a Membership Term (60 days)


Quarterly Membership 

  • 25% off enhancements
  • 5% off Products
  • $99 Additional Facials in a Membership Term (60 days)

Membership Term Payments

The card connected to your membership will be automatically charged on the same day of each Membership Term.


Minimum Commitment / Cancellation

We require one Membership Term's length of notice for cancellations. If you wish to cancel, you can talk to a Host in-shop or fill out the Membership Adjustment form on our website. Memberships will be canceled effective one full Membership Term following the submission of a cancellation request.

Unused Facial Benefits 

If you are unable to use a Facial Benefit  towards an appointment in a Membership Term you have the following options:  

  1. Gift the unused Facial Benefit to a friend or family member to use. This will cover the full cost of a base Facial for the recipient, however they are not eligible for product or enhancement discounts unless they are a member themselves. The recipient will have three months from the date of gifting to use the Facial Benefit . 
  2. Convert the unused Facial Benefit into a gift card for the face value of your membership charge. You can use this gift card online or in-shop at your convenience, and it will not expire.

To request either of these options please talk to a Host in-shop or fill out the Membership Adjustment form on our website.


Facial Benefit Expiration  

Our Facial Benefits have a three (3) month expiration from the date of purchase. This means you can have a maximum of three (3) accrued Facial Benefits on file at any given time. 


Founding Membership Rate 

This exclusive Founding Membership Rate is offered to early supporters of Heyday Wellness, LLC. as a token of appreciation for their trust and commitment prior to the official opening of our new locations. This special rate is designed to provide enhanced benefits and privileges to our founding members, recognizing their pivotal role in our community's growth. This is for clients that sign up for a monthly membership before a shop opens. 

  • Eligibility. To qualify for the Founding Membership Rate, individuals must:


  1. Not currently hold a membership with any Heyday location.
  2. Reside within a 50-mile radius of the Heyday shop offering this promotional rate.
  3. Acknowledge that this offer is limited to one Founding Membership per person.


  • Membership Benefits. Founding Members enjoy the following exclusive benefits:


  • A preferential monthly membership rate, locked in for the duration of continuous membership.


  • Rate and Payment Terms. The Founding Membership Rate is a competitively priced, auto-renewing monthly contract. The specific rate will be disclosed at the time of sign-up and is subject to the following conditions:


  1. The membership fee will be billed monthly on the date corresponding to the commencement of membership. Certain regions may have different taxes and fees. 
  2. This rate is exclusive to the Founding Membership tier and cannot be transferred or combined with other offers. Such a promotion can end at any time, with or without notice.

Additional Terms

  • CONSUMER’S RIGHT TO CANCELLATION: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THIRTY (30) DAYS FROM THE AGREEMENT DATE. Notice of cancellation shall be via the Membership Adjustment form or via email by the Member and sent to hello@heydayskincare.com or members@heydayskincare.com. At any time during the term of the Membership, you may cancel with 30 days written notice. Accumulated discounted First Facials expire after 90 days of Membership cancellation.
  1. MEMBER’S HEALTH WARRANTY AND ACCURACY OF INFORMATION: You represent that you are in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in Services with Heyday. You assume full responsibility for your use of the Heyday facility and shall indemnify Heyday Wellness LLC, the owner of the Heyday location you are utilizing, its affiliates, agents and employees against any and all liability arising out of your use of the facilities. 
  2. GIFTING OF UNUSED FACIAL BENEFITS: Membership may not be shared between two clients but you may gift an unused Facial Benefit to others, as described above.
  3. MEMBER’S OBLIGATIONS: You shall not be relieved of your obligations to make payments agreed to, and no reduction in any payments due shall be made because of your failure to use Heyday’s services. You must abide by late cancel/no show policies and all fees will be charged to the debit or credit card on file.
  4. ENTIRE AGREEMENT: Except for the rules, regulations and schedules posted at Heyday or issued orally by Heyday from time to time at its discretion, all of which are incorporated into this Agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract may be modified only in writing executed by a duly authorized representative of Heyday. Employees are not authorized to make any independent agreements with any Members and/or Buyers.
  5. UNPAID BALANCES: Members will not be permitted to use any Heyday location until all monthly fees are paid as agreed. You are obligated to pay any collection and/or legal costs incurred by Heyday for collection of any fees. Heyday reserves the right to charge balances and overdue balances to Your account for payment under any pre-authorization. 
  6. VALUABLES AND PERSONAL PROPERTY: Heyday shall not be liable for the loss of or theft of, or damage to, your personal property. You release Heyday of any and all claims, demands, suits, complaints, causes of action, or any liability for lost, stolen, or damaged personal property while on the premises. Storage of illegal substances, firearms, and toxic or volatile chemicals is prohibited and punishable by law.
  7. MEMBERSHIP PAUSE POLICY: Members may pause their memberships once per year for up to 3 months. In the event that a member submits a cancellation request while their membership is paused, they will initiate the one term notice period for the cancellation of said membership with regular charge dates resuming.
  8. TERMS OF SALE: All sales of Facial Benefits are final and non-refundable.
  9. PRICING: Heyday reserves the right to change the pricing of Services and the Member benefits and will provide thirty (30) days’ notice to all Members regarding any such change in pricing and/or benefits.
  10. REVOCATION OF MEMBERSHIP: Heyday reserves the right to revoke and cancel this Membership at any time for any reason, in which case you will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement, provided that Heyday may retain expenses incurred or the portion of the total price of this Agreement representing the services you used or completed, and provided further, that Heyday may demand the reasonable cost of goods and services which you consumed or wish to retain after cancellation.
  11. WAIVER OF LIABILITY: YOU AGREE TO ASSUME, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FULL RESPONSIBILITY FOR YOUR USE OF THE FACILITY AND HEREBY RELEASE HEYDAY FROM ANY AND ALL LOSS, THEFT, CLAIM, INJURY, DAMAGE, OR LIABILITY, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF HEYDAY, ITS AFFILIATES, AGENTS, OR EMPLOYEES. YOU FURTHER AGREE THAT HEYDAY, THE OWNER OF THE RETAIL LOCATION YOU ARE UTILIZING, ITS AFFILIATES, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE ON ANY THEORY OF LIABILITY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY LOSS OF PROFITS, BUSINESS OR ANTICIPATED SAVINGS), ARISING OUT OF, IN CONNECTION WITH OR AS A RESULT OF THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER SUCH DAMAGES ARISE IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. FURTHER, YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS HEYDAY, THE OWNER OF THE RETAIL LOCATION YOU ARE UTILIZING, ITS AFFILIATES, AGENTS AND EMPLOYEES AGAINST ANY AND ALL LIABILITY ARISING OUT OF YOUR PRESENCE AT OR USE OF THE FACILITIES.A. For the purposes of this section, “Presale Contract” means a Membership Agreement that is signed prior to the Membership location's official opening and Services being available to the Member.
  12.  CHANGES: We have the right to change or add to the terms of this Agreement at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website or any other website we maintain or own. We will provide you with notice of any changes via email, or through other reasonable means. For existing Members, the changes will come into effect 10 days after we post the changes to our website, and your use of the Services more than 10 days after we publish any such changes on our website, constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement on our website at any time.