OVERVIEW

The terms “we,” “us,” and “our” refer to Lavish Salon & Boutique (Lavish The Woodlands LLC). The term the “Site” refers to www.lavishthewoodlands.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site or in person salon visitors and guests.

The term “Service” is defined as hair consults, color, haircuts, hair styling, and chemical or other hair or skin services.

Use of Lavish Salon & Boutique or Lavish The Woodlands, including all materials presented herein and all online services provided by Lavish Salon & Boutique or Lavish The Woodlands LLC, is subject to the Terms and Conditions that follow. These Terms and Conditions apply to all site visitors, customers, and all other users of the site as well as in-store visitors, customers and guests. By using the Site or our Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

ACCOUNT CREATION

In order to use our Services, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Lavish Salon & Boutique will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in our jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases, services and services reserved or made by you or someone acting on your behalf through the Site, via phone or in person.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Site or Services.

SATISFACTION, RETURNS & REFUNDS

We know you will love your hair, but if you happen to not be 100% satisfied with your service, please communicate it to us within 24 hours of your service and we will be happy to offer a “redo” service to address any concerns.   Customer satisfaction “redo” services must be completed within 7 days of your original service and must be completed by the stylist performing the original service.  All services are considered non-refundable.

All retail product purchases are final sale with no refunds or exchanges regardless if a product in unused and unopened.

CANCELLATION POLICY

All services booked require a valid credit card on file. All services changed or cancelled less than 24 hours in advance of your appointments scheduled start time will be charged 100% of all services booked and day of cancellations or no shows will be charged 100% of all services booked. All services changed or cancelled less than 48 hours in advance of your appointment’s scheduled start time will be charged 100% of all services booked and day of cancellations.   No shows will be charged 100% of all services booked.  Please note that once you have booked an appointment with us, it means that we have reserved time in our schedule exclusively for you. 

To avoid our cancellation fee, please provide cancellation notice at least 48 hours prior to your appointment start time. Please remember to arrive 5 minutes early to your appointment. If you are running late for your appointment, please be aware that we reserve the right to alter your service based on the remaining time available, or cancel completely.  We will do our best to accommodate you by first eliminating the Lavish Experience ‘extras’ and/or reducing the service.  If the appointment is impossible to accommodate because of a late arrival, the client will be charged 100% of services booked. 

You can cancel, reschedule, or alter an appointment through your online account, by emailing us at salon@lavishthewoodlands.com or calling 281-465-8788 during business hours.  Cancellations and changes will not be accepted via text, social media, stylist personal contact or any other means.

CHANGES TO SCHEDULED SERVICES

Appointment alterations requested by the client requiring more time will be accommodated if the stylist’s availability allows. Requests for an upgraded appointment may be denied due to scheduling and timing at the discretion of the stylist and management. We kindly ask that you call at least 24 hours in advance to request an upgraded service. 

Alterations requested by the client that downgrade originally booked services must be communicated at least 24 hours in advance if timing of the appointment is reduced. If services are reduced less than 24 hours in advance, resulting in a reduction of appointment timing, you will be charged for the services originally booked. If you would like to downgrade your appointment and it does NOT affect the timing (ei. changing a Full Experience + Cut to a Full Experience with no cut), you can do so at any point leading up to the appointment.   

Because our stylists work on commission style appointments, it is important that your appointment is booked and fulfilled as accurately as possible. This ensures the best usage of our stylist's time, schedule and client waitlist. We must implement these policies to ensure the sustainability of our business operations as well as stability for our stylists.  

You can cancel, reschedule, or alter an appointment through your online account, by emailing us at salon@lavishthewoodlands.com or calling 281-465-8788 during business hours.  Cancellations and changes will not be accepted via text, social media, stylist personal contact or any other means.

SERVICE DESCRIPTIONS AND PRICING

We endeavor to describe and display services as accurately as possible. While we try to be as clear as possible in explaining the Service, it may be necessary to alter or change a service to achieve your desired outcome which may also lead to changes in pricing or additional charges.   Disclosing detail of hair service history, length, thickness, textures, medications taken, and other factors that may impact your service is important for accurate timing and price disclosure.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Lavish Salon & Boutique, Lavish The Woodlands LLC, Mindy Harmon Photography LLC, Karden Lane LLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.  During your visit we may photograph or video for social media and other advertising purposes.  We reserve the right to use these images and video without prior consent from you and without compensation.  All photography and video taken on our premises are copyright of Lavish The Woodlands LLC, Karden Lane and Mindy Harmon Photography LLC.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, Lavish Salon & Boutique, Lavish The Woodlands LLC, Mindy Harmon Photography LLC or Karden Lane IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF [INSERT YOUR COMPANY NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Lavish Salon & Boutique’s, Lavish The Woodlands LLC, CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED, AND IF NO PURCHASE HAS BEEN MADE BY YOU THE CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service contains and uses third party products, websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites, products or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Lavish Salon & Boutique. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, products or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Lavish Salon & Boutique pertaining to the Site and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us or any stylist or employee. No waiver of any of the provisions of this Agreement by Lavish Salon & Boutique shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Lavish Salon & Boutique.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows to salon@lavishthewoodlands.com or Lavish Salon & Boutique, 25166 Grogans Park Drive, The Woodlands, Texas 77380

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceedings based on or arising out of this Agreement shall be Montgomery County, Texas. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of the law offices selected by Lavish Salon & Boutique or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION OR DEBT COLLECTION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicense, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.