Reward Terms

1. Reward Terms Introduction

These Service Specific Terms are additional terms that apply specifically to the Client’s use of the “Reward Program” (as defined below) and are subject to and incorporated into the Terms of Use between Vostra Moda, LLC (“we”, “us”, “our”, “Vostra Moda”) and the Client (collectively, “Parties“), based upon the requirements as set forth below (the “Reward Terms”).

The Reward Terms detail the rights relating to the provision of the Reward Program, please review them carefully as they are a legally binding agreement between the Client (“you” and “your”) and Vostra Moda.

1.1 Definitions

Any capitalized words or phrases not defined in the Reward Terms have the meaning as specified in the Terms of Use, Privacy Policy, or Styling Terms.

Unless the context otherwise clearly indicates, all capitalized terms used in the singular include the plural and vice versa.

Reward Program

Reward Programs are more fully described in Exhibit A and any other exhibits as may be incorporated under the Reward Terms.

3. Program Participation

The Reward Program is offered to past or present Clients as a way for us to say thank you to our clientele. To participate, you must have an open account with no arrears.

3.1 Restricted Age

The Reward Program is not targeted at anyone under the age of eighteen (18) years of age. A Client under eighteen (18) years of age must obtain verifiable consent from a parent or legal guardian to participate.

3.2 Program Enrollment

All Clients, excluding those of a restricted age, are automatically enrolled in the Reward Program and, subject to removal from the program, remain enrolled indefinitely.

3.3 Program Communication

You will receive emails relating to your participation in the Reward Program to the email address in your account. It is your sole responsibility to keep this information up to date.

5. Reward Redemption

Rewards can be claimed by affirmatively confirming receipt of our email communication regarding your redemption of such rewards (the “Redemption Email“).

5.1 Reward Expiry

Rewards do not expire and once claimed, can be redeemed at an agreed-upon schedule by both Parties.

5.2 No Cash Value

Rewards earned through the Reward Program have no cash equivalent and are non-transferable.

6. Term and Termination

The Reward Terms will apply for as long as you participate in the Reward Program until terminated.

6.1 Termination

We may terminate the Reward Terms or your participation in the Reward Program:

6.2 Opt-Out

You can opt-out, thereby terminating your participation in the Reward Program, by contacting us with a request to discontinue Reward Program participation.

You can request reinstatement to participate in the Reward Program, however, it is at our sole discretion to allow such reinstatement.

7. Indemnification

You will indemnify, defend, and hold Vostra Moda, and its subsidiaries, affiliates, officers, directors, agents, employees, representatives, and service providers, harmless from and against any and all, demands, liabilities, losses, damages, costs, expenses (including attorneys’ fees and costs) incurred or suffered by or threatened against us in connection with or as a result of any claim brought by or on behalf of any third-party as a result of or in connection to our appearance or association with you unless such claim arises from our acts or omissions or arises from breach of any obligation and/or warranty made by us hereunder.

10. Dispute Resolution

The Parties will attempt to resolve any dispute out of or relating to the Reward Terms through friendly negotiations amongst the Parties. If the matter is not resolved by negotiation, Parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

10.1 Arbitration

The Reward Terms will be governed and construed in accordance with the laws of New Hampshire without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Reward Program, the Reward Terms, or the breach thereof will be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of any such arbitration will be in Hillsborough County, New Hampshire. The Parties also agree that the AAA Optional Rules for Emergency Measures of Protection will apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Reward Program or the Reward Terms. Notwithstanding the foregoing, any action seeking injunctive relief will be submitted to the courts and will not be subject to this provision.

No arbitration relating to the Reward Terms will include any additional person not a party to the Reward Terms except by written consent of you, us, and the additional persons in question.

In no event will any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitation.

If the disputed amount is less than the jurisdictional limit for small claims, such a court will be used in place of arbitration.

Should there be any legal action between the Parties or arising out of the Reward Terms, the prevailing party will be paid reasonable legal fees agreed upon through arbitration.

Any claim not subject to arbitration will be governed by the laws of the State of New Hampshire, without reference to its conflict of law principles and jurisdiction of any and all such disputes will lie in the state and federal courts sitting in Hillsborough County, New Hampshire. You consent to personal jurisdiction in the state and federal courts located therein and hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens.

11. Force Majeure

We will not be deemed in breach of the Reward Terms if we are unable to complete the Reward Program or any portion thereof by reason of fire, earthquake, labor dispute, an act of God or public enemy, death, pandemic, illness, or incapacity or any local, state, federal, national or international law, governmental order or regulation or any event beyond our control (collectively, “Force Majeure Event“).

Upon the occurrence of a Force Majeure Event, we will give you notice of our inability to perform or of delay in completing the Reward Program and will propose revisions to the schedule for completion of the Reward Program.

12. COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. As a result, current federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. These regulations and requirements are ever-changing and may change between the time the Styling Terms are signed and any Styling Service are performed. We will use our best efforts to comply with all current regulations but will not be responsible for any changes that occur between the date of execution of the Styling Terms and the provision of any Styling Service.

You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that any person present during the Styling Service or any visitor to the Premises may be exposed to or infected by COVID-19 by allowing us to perform the Styling Service and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to attendees of any Styling Service or visitors to the Premises, illness, damage, loss, claim, liability, or expense, of any kind.  

You hereby release, discharge, and hold us harmless from any liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto.

You also agree that in the event we must postpone or cancel any Styling Service due to the COVID-19 pandemic, you agree that we will not refund amounts already paid, but will resume the Styling Service as soon as practicable.

13. Miscellaneous

13.1 No Waiver

Any failure of either party to enforce any provision of the Reward Terms, or any right or remedy provided for therein, will not be construed as a waiver, estoppel with respect to, or limitation of that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy.

13.2 Severability

If any provision of the Reward Terms is or becomes illegal, unenforceable, or invalid, such provision will be enforced to the maximum extent permitted and the remainder of the Reward Terms will remain in full force and effect without being impaired or invalidated in any way.

13.3 Survivability

Any rights or obligations contained herein that by their nature should survive termination of the Reward Terms will survive, including, but not limited to representations, warranties, indemnity obligations, limitations of liability, and dispute resolution clauses.

13.4 Jointly Drafted

Each party has participated in negotiating and drafting the Reward Terms, such that if any ambiguity or question of intent or interpretation arises, the Reward Terms will be construed as if the Parties had drafted it jointly, as opposed to being construed against a party by reason of the rule of construction that a document is to be strictly construed against the party on whose behalf of the document was prepared.

14. How to Contact Us