BBC SUNLESS TANNING MEMBERSHIP TERMS & CONDITIONS

The Sunless Tanning Membership Club (the “Club”) is a loyalty program offered by BBC Venture Group, LLC (“BBC”), to its most valued customers at participating locations.  For a full list of BBC locations participating in the Club, please visit http://www.whatisbbc.com (the “Site”).  These terms and conditions form, along with the Membership Form, comprise the binding, legal agreement (the Agreement”) by and between each customer that participates in the Club (known as a “Member”) and BBC with respect to the Club.  

BBC reserves the right to change these terms and conditions or to adopt additional rules, regulations, policies, or procedures (“Related Rules”) affecting the Club and to terminate the Club or a Member's membership in the Club at any time for any reason without prior notice.  BBC may, in its sole discretion, alter, limit, or modify the Club eligibility, rules, guidelines, or any other feature of the membership or may terminate the Club at any time in its sole discretion, without prior notice or liability to Member.  By participating in the Club, Member agrees to these terms and conditions and Related Rules. Each Member is responsible for remaining knowledgeable about the Club's terms and conditions and Related Rules, which can be found at https://www.whatisbbc.com/membership-terms-and-conditions/.  [Each time Member uses the Club, Member agrees to be bound by the terms and conditions then in effect.]   

  1. Membership Form.  Member has completed a form containing Member’s address, phone number, email, credit card information, and, if desired, birthday (the “Membership Form”).  The Membership Form provides BBC with information to charge Member for the benefits provided in this Agreement.  

  2. Fee. Member agrees to pay a monthly fee that varies by market to participate in the Club (the “Fee”).  The Fee for each applicable market can be found at https://www.whatisbbc.com/tan.  

  3. Payment Policy.  The Fee will recur monthly until cancelled by the Member or BBC.  Member agrees and understands that the Member's credit card will be charged automatically on or about the same day of the month that the original purchase was made.  It is Member's responsibility to keep BBC informed of accurate billing information.  A new Membership Form must be completed for any changes in billing information. If BBC terminates the Club or a Member's membership in the Club, the Member's credit card will not be charged for the next billing period and the terms applicable to canceled memberships will apply.  A cancelation of Member’s participation in the Club by Member or BBC will not entitle Member to a refund of any Fee paid.

  4. Membership Benefits.  Membership in the Club entitles Member to the following: 

    1. 10% off all products and tools (in store only); 

    2. 3 sunless tanning sessions a month (each a “Current-Month Session”); 

    3. 1 birthday sunless tanning session; and 

    4. Discounts on session additives.

  5. Restrictions; Redemption. To redeem sessions or discounts, Members must provide their name, identify themselves as a Member, and display a form of identification.  Any attempt to transfer membership benefits may result in automatic cancellation of membership. Unused Current-Month Sessions “rollover” month to month, becoming “Rollover Sessions.”  Rollover Sessions expire 12 months from the date they first available to be redeemed by Member.  [To use a Rollover Session, Member must first use Member’s Current-Month Sessions.]  Rollover Sessions and discounts have no cash value.  Any Rollover Sessions must be redeemed within 90 days of membership cancellation or they will expire forever.  Member is not entitled to redeem Rollover Sessions or discounts for cash or store credit, and Member is not entitled to a refund for any Rollover Sessions or discounts at any time during membership or upon cancelation. Gratuities on services are not included in the Fee. Discounts on products and tools apply to in-store purchases only. Discounts or sessions provided herein are non-transferrable and can only be used by Member.  

  6. Birthday Sessions. To receive a complimentary birthday session, Member must provide date of birth when signing up.  Birthday sessions may be redeemed 5 days before, on the day of, or 5 days after Member’s birthday, as provided on the Membership Form.  Birthday sessions not used during this time will expire.  

  7. Returns.  Member may return products and tools purchased from a participating location within 90 days of purchase with an original receipt.  To receive credit, the product or tool must be unopened, unused, and in its original packaging.  Products and tools will not be accepted after 90 days from the purchase date.  

    1. Credit shall be issued to the Member for damaged a product or tool upon verification by an authorized BBC representative.  

    2. No credit shall be allowed for the return of a discontinued product.

    3. No credit shall be allowed for the return of seasonal products, including, but not limited to, holiday or charity promotions.

  8. Warranties. ALL CONTENT ON THIS SITE AND SERVICES OFFERED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”. BBC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  BBC ALSO DISCLAIMS ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ANY ARISING OUT OF ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFIT; HOWEVER THIS DISCLAIMER IN NO WAY AFFECTS THE TERMS OF ANY MANUFACTURER OR OTHER THIRD PARTY WARRANTIES, IF ANY.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT ON THIS SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY, TIME WITHOUT NOTICE. THE CONTENT AVAILABLE AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE. 

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR IN CONNECTION WITH THIS SITE. YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. WE RESERVE THE SOLE RIGHT TO MODIFY OR DISCONTINUE THIS SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SITE SHALL ALSO BE SUBJECT TO THESE TERMS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

  1. Communication.  Member also agrees to allow BBC to communicate via mail, email, phone (including text messages), external websites, and various other channels.  BBC may use these channels to communicate with Member about account status, program changes, Related Rules, special offers, or promotions, or other matters BBC believes may be of interest to Member. 

  2. Cancellation.  BBC may cancel the membership at any time, without penalty or prior notice. Member must provide 30 days prior notice of cancellation to BBC in-store or via email by providing Member’s name, phone number, email, and the date Member would the cancellation to be effective.  Emails regarding cancellation shall be sent to info@whatisbbc.com

  3. Indemnification; Attorneys’ Fees. You agree to defend, indemnify, and hold us and our owners, partners, employees, and affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that may arise from your use or misuse of this Site, its Content, or any products or services offered therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.  Also, in the event it becomes necessary for BBC to enforce the terms and conditions of this Agreement, BBC shall be entitled to recover all of its costs incurred in such efforts, including, but not limited to, reasonable attorneys’ fees and costs in all manner of collection efforts, including, but limited to, actions or proceedings commenced and prosecuted against Member.

  4. Governing Law.  This Agreement shall be construed in accordance with and all disputes shall be governed by the internal laws of the State of Tennessee without giving effect to its conflicts of laws principles and rules.  You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of Davidson County, Tennessee.

  5. Force Majeure.  BBC shall not be responsible for failure or delay in performance arising from any event beyond our reasonable control, whether or not foreseeable by either party including, but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.  

  6. Headings.  The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.

  7. Waiver.  No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

  8. Entire Agreement.  This Agreement, including the Membership Form, constitute the sole and entire Agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, Agreements, representations, and warranties, whether written and oral, with respect to such subject matter.