Pilot 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”) for the duration of the Membership Pilot we are conducting in the Heyday Shops at 14th St., Old Town Alexandria, Bethesda Row, Buckhead, Midtown, Perimeter, Krog District, and East Cobb.


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” 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.
  • “Packages” are defined as pre-paid packages of a fixed number of facial or enhancement services. They are non-refundable and have a set expiration date based on date of purchase.
  • “Services” are defined as the Facials and Enhancements.
  • “Pilot” is defined as a limited-time test which Heyday is conducting in 8 Pilot shops beginning in October 2024. The end date of the Pilot is to be determined. Membership terms are subject to change after the Pilot period.
  • “Pilot Shops” are the 8 shops in which the Pilot is being conducted. These include: 14th St., Old Town Alexandria, Bethesda Row, Buckhead, Midtown, Perimeter, Krog District, East Cobb.
  • “Milestone Rewards” include rewards that Members may become eligible for based on specific qualifying criteria, such as receiving their 3rd facial as a member or having a birthday. Milestone rewards are subject to change at any time during or after the Pilot period.

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).
  • Other perks & rewards

Bi-Monthly Membership 
  • 30% off enhancements
  • 10% off Products – 15% off of Products at time of signing up for a Membership (only available when a Membership is first purchased in store)
  • Other perks & rewards

Milestone Rewards

Our Pilot Membership program includes a series of Milestone Rewards, which are subject to change during or after the Pilot is included. All Milestone Rewards are redeemable only at Pilot shop location. Initial Milestone Rewards include:

  • 3rd Facial Milestone Reward: One (1) free enhancement. For Members who have completed their 3rd facial. Reward expires 90 days from last facial. Offer is non-transferable to another client.
  • 6th Facial Milestone Reward: Two (2) free enhancements. Enhancements can be used in a single facial or in separate facial appointments. For Members who have completed their 6th facial. Reward expires 90 days from last facial. Offer is non-transferable to another client.
  • 12th Facial Milestone Reward: Free second facial of the month ($85 value for Monthly Members). Reward is on base facial and does not include enhancements or gratuity. Reward expires 90 days from last facial. Offer is non-transferable to another client.
  • Birthday Reward: One free gift per member with birthday. Members can pick up gift in shop within 30 days of birthday. Offer is non-transferable to another client. Heyday may substitute the item pictured with a similar-value item if no longer available.


Packages

Facial 3-Pack: Enhancements and gratuity are not included in the covered cost. May be used at any Heyday location. 3-pack vouchers are valid for 6 months upon purchase. Facial packages are final sale and non-refundable. There is no product discount associated with a facial package. Facial package vouchers are non-transferrable and may not be exchanged for a gift card.

Enhancement Packages: Facial and gratuity are not included in the covered cost. May be used at any Heyday location. Enhancement package vouchers are valid for 6 months upon purchase. Enhancement packages are final sale and non-refundable. Enhancement package vouchers are non-transferrable and may not be exchanged for a gift card. All other standard membership terms and service policies apply.

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 thirty (30) days' written 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.

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.
  13. SUPERSEDING MEMBERSHIP AGREEMENT: This Pilot Membership Agreement is temporary and specific to the Pilot Program being conducted in select Heyday locations. At the conclusion of the Pilot period, this Agreement will automatically terminate and be replaced by the general Heyday Membership Agreement (“General Agreement”), which will govern your continued membership.
  • Notice of Change: Heyday will provide all Members with at least thirty (30) days' notice before the Pilot Membership Agreement is superseded by the General Agreement. This notice will include a summary of any significant changes in terms, conditions, or benefits that differ from this Agreement.
  • Member Acknowledgment: By continuing to use the Services after the transition to the General Agreement, you agree to be bound by the new terms and conditions as outlined in the General Agreement. If you do not agree to the new terms, you must cancel your Membership within thirty (30) days of receiving notice of the change, as outlined in the Section “Minimum Commitment / Cancellation” of this Agreement.
  • The current version of the General Agreement is available for review at https://www.heydayskincare.com/pages/membership-agreement.