These terms and conditions (“Terms”) govern your membership in the EWC Franchisor LLC, d/b/a European Wax Center (“EWC”) EWC Rewards Loyalty Program (“EWC Rewards” or “the Program”) offered by European Wax Center.
1. Membership
EWC Rewards is available to legal residents of the United States where EWC has made the EWC Rewards available. For any legal resident of the United States who is not at least 18 years of age or older at the time of registration, a parent or guardian must review, agree, and be responsible for compliance with these Terms. The Program currently provides one tier of membership for our guests. This only requires a valid phone number and email address to enroll. In the future, EWC may add additional tiers, and you will be given the opportunity to become eligible for any additional Program benefits when EWC adds these benefits to the Program. All tiers, present and future, are subject to these Terms. A description of the additional eligibility requirements, benefits, and restrictions for each tier of the Program will be available on the Program webpage available at www.waxcenter.com. Those requirements, benefits, and restrictions are incorporated by reference to these Terms upon their publication on the EWC website. You may enroll to become a member (“Member”) by creating a profile with the help of an associate at EWC centers, or on-line at www.waxcenter.com.
2. Points and Rewards
Members will earn points for the following actions at participating EWC centers:
(I) Appointment Rebooking: An appointment rebook is defined as booking your next appointment at the time of your current waxing appointment and completing your rebooked appointment without cancelling or rescheduling. You will earn 100 points for each qualifying appointment rebook.
(II) New Guest Referral: A new guest referral is defined as a new, first-time guest to EWC who completes their first wax appointment at a participating center. You will earn 1,000 points for each new guest you refer.
You will be able to redeem $5 worth of rewards with EWC for every 500 points you earn. There is no maximum number of points that you can accumulate in the Program, however, rewards will expire 12 months from the date of purchase or receipt. We will update your points balance approximately every 24 hours and you will be able to redeem your points once you reach 500 points earned. Point accrual will begin following your Program enrollment. From time to time EWC may provide Members the opportunity to earn additional points as defined by the terms of the specific promotion. All purchases are subject to verification by EWC before being credited to your Member account.
3. Points and Rewards Restrictions
Rewards may only be used for products and services provided in our retail centers. Rewards may not be used for any products purchased on-line. Rewards are not replaceable or transferable for cash (unless required by law), credit, or other rewards under any circ*mstances, and cannot be used as payment of any outstanding obligation owed to EWC. Rewards are not “gift certificates” under applicable law. Redeemed rewards are not refundable. Certain rewards are available only during the time periods described in the Program communications. We may substitute rewards of equal or greater value as necessary at our discretion. Rewards are valid for 12 calendar months from the date they are earned. Points and/or rewards from separate enrolled Membership accounts may not be combined onto one account. Points and/or rewards which are not used after 12 months from issue date expire and are no longer redeemable. EWC may from time to time exclude certain products or services from points and/or rewards redemption at its sole discretion.
Account Identification at Point of Checkout
To receive credit for your transaction your account must be identified at the time such points are earned. You will be required to confirm your account membership at the point of checkout by name, phone number or other identifying information. If you do not know your membership account number, we can look you up with your email or phone number. Providing your email or phone number at the time of checkout for purposes of either checking to see if you have an account, identifying your account, or setting up a new account is voluntary and is not being requested or recorded as part of a credit card transaction.
5. Authorization to Collect Information and Permission to Market to Members
By enrolling in the Program, you acknowledge and agree (i) that you may be asked to provide personal information about yourself, such as name, billing and shipping address, email address, phone number, date of birth, and shopping preferences, and that the information you provide will be used by EWC, its subsidiaries, affiliates and third party partners as necessary to operate the Program and provide you the benefits and rewards described herein, and (ii) that we may use your personal information to send you marketing information, which may include marketing emails, text messages, direct mail pieces, and special communications about upcoming offers or promotions that we feel may be of interest to you.
6. Opting Out of Marketing
6.1 Members will be enrolled to receive marketing material from EWC as part of the enrollment process. You may opt out of receiving EWC Rewards promotional mail, emails and/or text messages at any time by using the unsubscribe link in the message (where such message is via an online channel such as email), by making changes to your communications preferences in our mobile application or web portal (at www.waxcenter.com), or with a sales associate while you are in one of our centers. Please be sure to include your current information and the requested changes you would like us to make to your marketing profile in your communication. You may also cancel or modify our text or email marketing communications you receive from us by following the instructions contained within our promotional emails or texts.
6.2 You can opt out of marketing materials and still participate in the Program, however, please understand that you will not receive all the great offers the Program offers.
6.3 Unless you request to delete your guest profile, which can be done by contacting us or reviewing our Privacy Policy, you may continue to receive transactional messages via email and text messages in relation to your reservations or purchases.
6.4 Allow 10 days to process your email request and 6-8 weeks to process your postal mail request, during which period you may continue to receive communications from EWC. We will retain your information for legitimate business purposes or as required by law.
7. Updating Membership Information
You may update and/or correct your Membership information via our mobile application or Membership portal at www.waxcenter.com, or with an associate while you are in one of our centers. Your Membership information must be correct in order to receive the benefits and rewards of the Program.
8. Abuse of the Program
We may terminate and/or suspend your Membership and right to participate in the Program, in the event we determine, in our sole and absolute discretion, that (i) you are ineligible to participate pursuant to these terms and conditions, (ii) you have violated any terms or conditions of the Program or any applicable laws, or (iii) you committed any other fraud, abuse or circumvention of the Program and its policies and procedures. If we terminate and/or suspend your Membership we reserve the right to void any points and/or rewards not already issued. If your points and/or rewards are forfeited for any reason, we will not reinstate these points and/or rewards to your Membership account.
9. Disclaimer of Representations and Warranties
THE PROGRAM, AND ANY ONLINE ACCOUNT MANAGEMENT SYSTEM OR APPLICATION RELATED TO THE PROGRAM, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN THESE TERMS OR IN ADDITIONAL TERMS PROVIDED BY EWC, EWC HEREBY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
10. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND EWC CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND EWC TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
10.1 Agreement to Arbitrate
You and EWC mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for any “Covered Claims” (as defined below) that arise between You and EWC, its related and affiliated companies, and/or any current or former employee, officer, or director of EWC or any related or affiliated company. You and EWC agree that this Arbitration and Class Action Waiver is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms terminate. Any revision to or termination of the Terms that modify or terminate this Arbitration and Class Action Waiver shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.
10.2 Claims Subject to Arbitration
Other than the exceptions in the “Excluded Claims” Section below, the “Covered Claims” include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or Your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Site to the fullest extent allowed by law.
10.3 Excluded Claims, Jurisdiction, and Venue
(A) The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as “Excluded Claims”: (i) any claims that cannot be required to be arbitrated as a matter of law (including but not limited to claims by California residents under the California Private Attorney General Act of 2004 (“PAGA”), to the extent exclusion from arbitration is required by California law, and claims or charges that must be filed with a governmental administrative agency); (ii) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (iii) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction.
(B) Any Excluded Claims arising out of, or related to, these Terms shall be instituted exclusively in the in the state and federal courts located in the City of Plano, Texas, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
(C) In the event You or EWC choose to pursue arbitration of both Covered Claims and Excluded Claims and the other party objects, the Covered Claims must be arbitrated. In no event will Covered Claims be joined with Excluded Claims and litigated in court unless both parties agree to waive arbitration.
10.4 Class Action Waiver
Except as otherwise required under applicable law, You and EWC agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding.
10.5 Arbitrability Determinations
If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of the this Arbitration and Class Action Waiver. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver, including the Class Action Waiver.
10.6 Arbitration Rules, Procedures, and Costs
To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first-class mail to EWC representatives at 5830 Granite Pkwy, 3rd Floor, Plano, TX 75024. You and EWC agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA. Except to the extent that they are modified by the rules below, if You are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf) will apply.
(A) The parties agree that the applicable AAA rules are modified as follows:
(I) Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Texas law.
(II) No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
(III) All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (1) be narrowly tailored in scope; (2) only come from sources that are reasonably accessible without undue burden or cost; and (3) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
(IV) The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s).
(V) Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
(VI) The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
(VII) The Federal Rules of Evidence shall apply to all arbitration proceedings.
(VIII) For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (1) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (2) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.
(IX) The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
(X) The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
(XI) The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
(XII) If You initiate arbitration, You will pay the first $250, and EWC will pay all other filing, administrative, or hearing fees. If the EWC initiates arbitration, EWC will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, You will remain responsible for Your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys’ fees and costs.
10.7 If any term or condition in this Arbitration and Class Action Waiver is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver shall not be affected. Provided, however, that if the Class Action Waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in the City of Plano, Texas, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
10.8 Severability. If any portion of the above arbitration provision, other than the Class Action Waiver, is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. If a determination is made that the Class Action Waiver is unenforceable, only this sentence of the Arbitration Agreement will remain in force and the remaining provisions shall be null and void, provided that the determination concerning the Class Action Waiver shall be subject to appeal.
11. Right to Change/Modify/Cancel
EWC reserves the right in its sole discretion to amend, modify, limit, restrict and/or terminate the Program or any aspects or features of the Program at any time without prior notice to Members. Any changes or modifications to these terms and conditions and/or the Program will be effective immediately and posted on www.waxcenter.com.
12. General
You are responsible for any personal tax liability related to participating in the Program. The Program is void where prohibited by federal, state or local law. We reserve the right to approve, deny or revoke participation in the Program to any individual for any reason whatsoever. These terms and conditions set forth all the terms of the Program; we have no other obligation with respect to the Program beyond those described in these terms and conditions.
13. Guest Relations
For questions or assistance regarding the Program, please contact us by email at guestservices@waxcenter.com, or by postal mail to EWC, Attn: Guest Services, 5830 Granite Pkwy, 3rd Floor, Plano, TX 75024.
