SMS Policy

SMS Terms and Conditions

Last updated on December 1, 2020

By checking the box to sign up for one or more text messaging programs, or by checking / clicking the consent in / to any other promotion and / or advertising on social media (for instance Facebook, Instagram), search engines (for instance Google, Bing) and other similar means, you expressly consent to receive non-marketing and marketing text messages from Facialmania Franchising LLC and / or from independently owned Facial Mania Med Spa locations and / or third parties working on behalf of Facialmania Franchising LLC or on behalf of independently owned Facial Mania Med Spa locations. You expressly agree that the above listed entities may deliver communications to you at the telephone number and email supplied during the registration process even if your telephone numbers are on any Do Not Call (or similar) list so it will not be considered unauthorized by any local, state or federal law or regulation. Communications may be made using a phone, a mobile phone, a computer, an automatic telephone dialing system, an artificial and/or a prerecorded voice by phone calls, text messages, voicemails, and emails Facial Mania Med Spa’s services, products, promotions, appointments and similar.  You agree and understand that you are not required to opt into this program to purchase goods or services. You may opt out or unsubscribe at any time by providing notice to the above listed entities (Facialmania Franchising LLC and / or independently owned Facial Mania Med Spa locations and / or third parties working on behalf of Facialmania Franchising LLC or on behalf of independently owned Facial Mania Med Spa locations).

You also accept and agree to be bound by these SMS Terms and Conditions, the Facialmania Franchising LLC website Terms of Use and Privacy Policy, and any other applicable terms and agreements related to your use of Facial Mania Med Spa’s services.

Program Details: Facial Mania Med Spa Appointment Reminders and Promotional Communications.

How to Opt-Out

To stop receiving text messages from Facial Mania Med Spa text, reply “STOP” or email info@facialmaniamedspa.com to request removal from the text message program.

Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide.  You are responsible for notifying Facial Mania Med Spa immediately if you change your mobile telephone number. You may notify Facial Mania Med Spa of a number change by emailing info@facialmaniamedspa.com

You agree to indemnify Facial Mania Med Spa in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Facial Mania Med Spa if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Frequency of Messages

The number of texts you receive per month will depend on your settings and account activity. The text messages that we provide are being delivered as a convenience to you for information or marketing purposes.

Cost

Message and data rates may apply to each text message sent or received in connection with Facial Mania Med Spa text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.

Privacy

Facial Mania Med Spa’s U.S. privacy statement is available at www.facialmaniamedspa.com/privacy

No Guaranteed of Access or Delivery

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. Content is not available on all carriers and carrier participation could change. Carriers are not liable for delayed or undelivered messages. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Facial Mania Med Spa’s control, and Facial Mania Med Spa is not responsible or liable for issues arising from them.

Modifications and Updates to Terms and Conditions

Facial Mania Med Spa may revise, modify, or amend these SMS Terms and Conditions at any time.  Any such revision, modification, or amendment shall take effect when it is posted to Facial Mania Med Spa’s website.  You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes.  Your continued consent to receive Facial Mania Med Spa text messages will indicate your acceptance of those changes.

Termination of Text Messaging

Facial Mania Med Spa may suspend or terminate your receipt of Facial Mania Med Spa text messages if Facial Mania Med Spa believes you are in breach of these SMS Terms and Conditions. Your receipt of Facial Mania Med Spa text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  Facial Mania Med Spa reserves the right to modify or discontinue, temporarily or permanently, all or any part of Facial Mania Med Spa text messages, with or without notice.

Dispute Resolution

Mandatory Bilateral Arbitration, Class Action waiver. Please read this carefully. It affects your rights. YOU AND FACIAL MANIA MED SPA AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS SMS TERMS AND CONDITIONS AGREEMENT OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Facial Mania Med Spa hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and Facial Mania Med Spa agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FACIAL MANIA MED SPA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND FACIAL MANIA MED SPA ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Facial Mania Med Spa on your behalf.