MONET’S Terms and Conditions

Welcome and thank you for your interest in MONET’S & MONET’S Plus Monthly Membership Program.

BY SUBSCRIBING FOR A MEMBERSHIP OR BY CLICKING “I AGREE”, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS (“AGREEMENT”) AND YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE MEMBERSHIP IF YOU DO NOT AGREE TO THIS AGREEMENT. THIS AGREEMENT CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY us AT ANY TIME; PROVIDED THAT ANY MATERIAL CHANGES NOT BECOME EFFECTIVE UNTIL POSTED THROUGH OUR WEBSITE. YOUR CONTINUED USE OF THE MEMBERSHIP AFTER THE MODIFICATION OF THIS AGREEMENT MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THIS AGREEMENT EACH TIME YOU ACCESS OUR WEBSITE OR USE YOUR MEMBERSHIP IN ORDER TO VIEW ANY CHANGES TO THIS AGREEMENT. THIS AGREEMENT WERE LAST MODIFIED AS OF THE DATE INDICATED BELOW.

1. Terms, Payments & Termination.

a. In General. You acknowledge that you are subscribing to a MONET’S or MONET’S Plus Monthly Membership Program. Membership fees plus any applicable taxes will be due upon day of signup and will automatically resume on, a month to month basis unless the membership is terminated in accordance with this Agreement (you and MONET’S, each a “Party”, collectively, the “Parties”). MONET’S will charge or debit monthly fees plus applicable taxes will be charged on or after the same day of each month. MONET’S reserves the right to change certain terms and conditions, including prices from time to time, with no less than 30 days prior to the effective date of the new terms; provided, however, any change in pricing will not be effective until the renewal of a Term. By signing above, you authorize MONET’S to charge the credit card, debit card, or account you have specified, which you may update from time to time in writing to MONET’S. You understand that MONET’S may continue to charge your account or cancel your membership in accordance with the terms and conditions

of this Agreement. You agree to pay us for the membership, goods and services according to your plan selection and the terms above. Your signature indicates your agreement to be bound by the terms, conditions, rules, and regulations of this Agreement. MONET’S must be notified of any change in billing address on file, contact, and credit card, debit card, or account information. If a method of payment is declined or automatic payment does not go through, you must call MONET’S within 5 days to provide a new form of payment. If you fail to do so,

you forfeit all accrued monetary credits and/or accrued service credits, and membership will be suspended until a valid form of payment is provided. No refunds will be given for any remaining unused credits. Membership is nontransferable, nonrefundable, and cannot be cancelled prior to expiration of the Term. Each membership is for the term and fees set forth on the first page of this Agreement (including any renewal period “Term”). Membership will renew automatically unless you provide MONET’S at least 30 days prior written notice

of your intent to not renew this Agreement at the end of the then current Term. MONET’S may terminate this Agreement and your membership immediately upon notice for your breach or failure to comply with the terms of this Agreement any and all unused services and products, if applicable, will be deemed forfeited as of the date of termination and no amount will be refunded to you.

b. Membership Specific Terms.

i. MONET’S membership: $29/month fee and NO COMMITMENT. You may cancel anytime. MONET’S auto-renews monthly on the set date

of each month.

ii. MONET’S Plus membership: requires a 6- MONTH COMMITMENT. If you cancel before the end of 6 months, you will be charged the

remaining balance. MONET’S auto-renews monthly on the set date of each month.

iii. You may upgrade from your membership at any time following notice to MONET’S

iv. You may downgrade from MONET’S to following the initial 6-month commitment.

v. MONET’S Plus members receive “preferred pricing” and 15% discount on all retail and skincare. Also, first alerted of new merchandise

and fashions become in stock.

vi. MONET’S members may not freeze their accounts as there is no commitment time required

vii. MONET’S plus members may freeze their accounts for up to 2 months, extending out the 6- month commitment.

viii. If a MONET’S or MONET’S plus member cancels their membership, any accrued monies and/or services remaining on their account

will need to be used within 6-months following cancellation or it will be forfeited, subject to applicable legal requirements. 

1. Appointments & Late Policy. Our standard 24-hour cancellation policy applies to all members. If you miss, cancel, or change your appointment outside this designated time, you will be charged a $50 cancellation fee. Late arrivals may result in a shortened appointment or rescheduling (charges may apply). You authorize MONET’S to charge you such cancelation and rescheduling fees. To cancel or change your appointment, please call the MONET’S directly. Please see our cancellation policy at MarieMonet.com. 

2. Entire Agreement; Assignment. This Agreement and any other written agreement between you and MONET’S and MONET’S plus members other online policies contain the entire understanding of the Parties with respect to the subject matter of this Agreement and supersede all prior agreements between the Parties. This Agreement, and any rights or obligations in this Agreement will not be assigned by you without the prior written consent of MONET’S. Any attempt to assign or transfer this Agreement other than in accordance with this provision will be null

and void. Subject to the forgoing, this Agreement and its terms and provisions inure to the benefit of and are binding upon the Parties and their respective successors, heirs, personal representatives, and assigns. MONET’S may assign this agreement and will provide notice to you of the same.

3. Rules of Construction. The Parties agree that no provision of this Agreement will be construed in favor of one Party on the ground that such provision was drafted by the other Party. The headings and captions of this Agreement are inserted for reference convenience and do not define, limit or describe the scope or intent of this Agreement or any particular section, of this Agreement. Unless otherwise provided, the words “include(s),” “included,” or “including” do not limit the preceding words or terms.

4. Waiver; Severability. The failure of a Party to insist upon performance of a term of this Agreement will not be construed as a waiver of future performance required by the term. No term of this Agreement may be waived except by written consent of the waiving Party. All remedies, rights, and obligations in this Agreement will be cumulative and none will be in limitation of any other remedy, right, or obligation of a Party. If one or more provisions (or any portion) of this Agreement are declared unenforceable, the remaining provisions will be enforceable and construed in the broadest possible manner.

5. Indemnification. YOU WILL INDEMNIFY, DEFEND, AND HOLD INDEMNITEES HARMLESS FROM AND AGAINST ANY AND ALL DIRECT AND THIRD PARTY CLAIMS AND LOSSES ARISING FROM OR ATTRIBUTABLE TO YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER AGREEMENTS MADE UNDER THIS AGREEMENT.

6. Governing Law. This Agreement, and all claims (whether in contract, tort, or statute) that may be based upon, arise out of or relate to this Agreement will be governed by and enforced in accordance with the internal substantive and procedural laws of the state of California without giving effect to any laws, rules or provisions of the state of California that would cause the application of the laws rules or provisions of any jurisdiction other than the state of California, including its statutes of limitations, without regard to any borrowing statute that would result in the application of the statute of limitations of any other jurisdiction.

7. Dispute Resolution. In exchange for the benefits of the speedy, economical, and impartial dispute resolution of arbitration, all Parties signing this Agreement, with the advice and consent of their selected counsel, choose to waive their right to resolution of their disputes in a court of law by judge or jury, and instead elect to treat their disputes, if any, pursuant to the Commercial Arbitration Rules, as then

in effect, of the American Arbitration Association (“AAA”), in accordance with this Section 8. The Parties agree that any controversy, dispute, or claim (“Dispute”) arising out of or relating to this Agreement will be settled by a confidential, final, and binding arbitration in Orange County, California administered by AAA pursuant to the Arbitration Rules. You and MONET’S agree to bring any dispute against the other Party in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS. For the avoidance of doubt, any Dispute about the enforceability of this Section 8 or whether a Dispute is subject to this Section 8, will be resolved by arbitration. The Parties desire and

agree that any arbitration proceedings will be conducted before an arbitrator to be selected pursuant to the Arbitration Rules (“Arbitrator”) as expeditiously as possible and acknowledge that expeditious arbitration is in the interest of the Parties. The Parties will maintain the confidential nature of the arbitration proceeding, except as may be necessary in connection with a court application for a preliminary remedy, a court action to challenge or enforce the arbitration award, or as otherwise required by law or judicial decision. The Parties further agree that

the Arbitrator will render the arbitration award in writing and explain the decision which, to the extent possible, will not include the MONET’S confidential information. The Parties waive to the fullest extent permitted by law any rights to appeal or to review of the arbitration award by any court or tribunal. The Parties consent to exclusive jurisdiction of, and agree that sole venue will lie in, any state or federal court sitting in Orange County, California, for any allowable judicial proceeding relating to any arbitration under this Agreement, including entry of a judgment on the arbitration award. Notwithstanding anything to the contrary in this Section 8, a Party may file an action in any state or federal court sitting in Orange County, California to obtain provisional injunctive or equitable relief to prevent immediate and irreparable harm and to ensure that the relief sought by the aggrieved Party is not rendered ineffectual pending the arbitration. Each of the Parties waives any defense of inconvenient forum to the maintenance of any action so brought and waives any bond, surety, or other security that might be required of any other Parties with respect to such defense. Any Party may make service on any other Parties by sending or delivering a copy of the process to the Party to be served at the address and in the manner provided for the giving of notices in Section 10. Nothing in Section 10, however, will affect the right of any Party to serve legal process in any other manner permitted by law or at equity. For the avoidance of doubt, in the event of a conflict between this Section 8 and the Arbitration Rules, this Section 8 controls. In the event that any suit or legal proceeding is instituted concerning or arising out of the Agreement, the substantially prevailing Party will be entitled to all of such Party’s costs, including, without limitation, the court costs and reasonable attorneys’ fees incurred in each and every such action, suit or proceeding, including any and all appeals.

8. Waiver of Jury Trial. BY AGREEING TO SECTION 8, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY

JURY OF ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE

DEALINGS OF THE PARTIES IN RESPECT OF THIS AGREEMENT, WHETHER NOW EXISTING OR LATER ARISING, AND WHETHER IN

CONTRACT, TORT, EQUITY, OR OTHERWISE.

9. Notices. All notices required or permitted under this Agreement will be in writing (including electronic form) and will be delivered to the address set forth by each Party in this Agreement, or to such other Party or address as a Party may designate in notice to the other Party. Each notice will be given and will be effective: (a) if delivered by hand, when delivered; (b) if delivered by nationally recognized overnight courier service, upon confirmation of delivery; (c) if delivered by certified or registered mail, on the third following day after deposit

with the United States Postal Service; (d) if delivered by facsimile, upon confirmation of successful transmission; or (e) if delivered by email, upon confirmation of receipt by the other Party in writing by return email.

10. Survival. All provisions which must survive in order to give effect to their meaning will survive any expiration or termination of this Agreement, including without limitation all of your representations, warranties and indemnification obligations, which will survive this Agreement for the greater of 4 years or expiration of the applicable statute of limitations plus 60 days.

Last Update January 10, 2021