If you have been using Accutane for less than 6 months waxing any part of the body isn’t recommended. Due to the potency of this drug, and the sensitivities that accompany it, waxing while using may cause your skin to lift or tear. Lifting of the top layer of skin will cause a wound and possibly leave hyperpigmentation marks (nobody like those). If it has been less than 6 months from last dosage, The Plucked Peach requires a doctor’s note before any waxing service is performed. Anything more than 6 months will be at the Esthetician’s discretion. If the skin at any point of service appears to be compromised, we reserve the right to suspend service immediately.
Waxing individuals who use products that contain Retin-A, Retinol, Glycolic acid, or Alpha/beta hydroxyl acids – in some cases can NOT be performed since these creams increase sensitivity and could result in skin removal and tearing. Waxing while using these products must be discussed with your Esthetician prior to service.
Individuals allergic to adhesives, nuts or trees may react unfavorably to wax. If you do have any allergies you are concerned about, please talk with your Esthetician prior to having these services performed as waxing could cause adverse reactions such as redness, itching, and swelling.
Pregnant women’s skin is typically more sensitive, increased redness/swelling and tenderness during waxing can occur due to numerous hormonal changes and water retention. If you are pregnant, please inform your Esthetician prior to beginning any service.
Please advise your servicing Esthetician if you have diabetes, as the skin is sometimes slow to heal should lifting or tearing occur during the waxing process.
Please note, here at The Plucked Peach we will avoid waxing over any open sores, lesions, pimples, cuts, scrapes, leaky moles and/or varicose veins.
V-STEAM (aka Vagisteam, Yoni Steam, Hip bath) DISCLAIMERS
We will not provide V Steam services to women who are currently pregnant, in full menstrual flow, prone to spontaneous bleeding, having any form of acute outbreak or infection or open wounds at the perineum site. Those with an IUD, prone to infection (herpes, UTI, yeast), trying to conceive (should not steam between ovulation and next menstruation in case they are pregnant), girls under the age of 13 who have reached menarche, experiencing hot flashes and/or night sweats and/or a history of interim bleeding in the past 6 months should only do short (less than 30 minutes), mild-level (low temp) steams.
The Plucked Peached does not provide medical advice nor is this service intended as a substitute for qualified medical advice. You are advised to consult with a physician before starting any natural health & wellness protocol or relying upon any information provided by nonmedical personnel to diagnose a health condition.
The V Steam treatment and services received at The Plucked Peach are intended for general purposes only and are not intended to be a substitute for professional medical treatment for any condition, medical or otherwise, that client may have. Clients will fully indemnify and hold harmless The Plucked Peach, LLC, representatives, agents, staff and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees (on an indemnity basis), arising out of or in connection with treatments, services and/or facilities.
PRICING AND INFORMATION DISCLAIMER
All pricing is subject to change. For all prices, products and services offered, The Plucked Peach reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes and any other extenuating circumstances.
WEBSITE DISCLAIMER
While The Plucked Peach uses reasonable efforts to include accurate and up-to-date information on our website, The Plucked Peach makes no warranties or representations as to the Site’s accuracy. The Plucked Peach assumes no liability or responsibility for any errors or omissions in the content on the Site. All the information on this website is published in good faith and for general information purpose only. Any action you take upon the information you find on this website (www.thepluckedpeach.com), is strictly at your own risk. www.thepluckedpeach.com will not be liable for any losses and/or damages in connection with the use of our website.
THIRD PARTY DISCLAIMER
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’. Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information. By using our website, you hereby consent to our disclaimer and agree to its terms. Should we update, amend or make any changes to this document, those changes will be prominently posted here.
If you require any more information or have any questions about our site’s disclaimer, please feel free to contact us by email at info@thepluckedpeach.com
COPYRIGHT
All content, software, and technology included on this Site or used in the operation of this Site is the owned or licensed property of The Plucked Peach or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Waxing the City and protected by U.S. and international copyright laws. The Plucked Peach grants you permission to view and use content, software, and technology made available to you on this Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on this Site is strictly prohibited.
TRADEMARKS
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of The Plucked Peach and others. Nothing on this Site shall be construed as granting any license or right to use any Trademark displayed on this Site without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
OTHER INTELLECTUAL PROPERTY
All other intellectual property rights related to the content, software, and technology included on this Site or used in the operation of this Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of The Plucked Peach. Any use of these rights without the prior written permission of The Plucked Peach is strictly prohibited.
ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, AND INDEMNIFICATION
You understand, acknowledge, agree and hereby voluntarily accept all risk and responsibility associated with the services provided and use of the facilities at The Plucked Peach location. You hereby waive all claims, assume all liability, and release, hold harmless, indemnify, and agree to defend The Plucked Peach (including our affiliates, agents, and employees), and affiliates from liability for any injury, claim, cause of action, suit, demand, and damages (including, without limitation, personal, bodily, or mental injury, property damage, economic loss, consequential damages, and punitive damages), arising from or related to (1) your failure to disclose any pre-existing conditions, limitations, or sensitivities; (2) your failure to inform your Esthetician of discomfort or pain during or at the end of the service; (3) your presence on the premises of any Plucked Peach location; and/or (4) any negligence on the part of The Plucked Peach, or their employees. You further expressly agree that this Assumption of Risk, Release, Waiver of Liability, and Indemnification is intended to be as broad and inclusive as permitted by law and that if any portion of it is held invalid, the balance shall be valid and continue in full legal force and effect. These provisions are binding on your estate, family, heirs, administrators, personal representatives, and assigns.
PAYMENT
Upon selecting, I accept the “Terms and Conditions” under the booking section, you authorize The Plucked Peach and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase or receive through your use of this Site or in person (1115 Mount Zion Road, Suite I, Morrow, GA 30260). You represent and warrant that you are the only one who will make payments in connection with this Site or in person (1115 Mount Zion Road, Suite I, Morrow, GA 30260), and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name during the checkout process on this Site or in person (1115 Mount Zion Road, Suite I, Morrow, GA 30260). Unless otherwise specified, any amounts paid to The Plucked Peach for any services rendered or products purchases are nonrefundable. Please carefully review your order before confirming your purchase. All sales are considered final. We do not offer refunds or exchanges for any products sold in person or online nor do we offer any refunds or exchanges for any services rendered.
CONTINUED OPERATION OF THIS SITE
The Plucked Peach may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and The Plucked Peach reserves the right to refuse service to anyone at any time, with or without cause.
DISPUTE RESOLUTION
Any dispute, controversy, or claim arising out of or relating to your relationship with The Plucked Peach or any of the terms contained herein whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and expressly including any claims for violation of any state consumer protection act or the federal Telephonic Consumer Protection Act or any state or international law equivalents (collectively, “Claims”), shall be resolved by binding arbitration. The sole exception is that you and we retain the right to pursue in small claims court any Claim that is within that court’s jurisdiction and proceeds on an individual basis. Aside from this sole exception, all other Claims must be resolved by binding arbitration pursuant to the terms set forth below.
The arbitration shall be administrated by the American Arbitration Association or its successor (“AAA”) in accordance with its Consumer Rules or any other applicable AAA rules. (The AAA’s Consumer Rules are available at https://www.adr.org/Rules). To the extent there is a conflict between this arbitration provision and the AAA’s Consumer Rules, the arbitration provision controls. In the event that the AAA is no longer in business, then the parties will attempt to agree on an alternative agency. If one cannot be agreed to, then the parties agree that a court of competent jurisdiction may select the arbitration agency for them. The arbitration shall be conducted before a single arbitrator. The arbitration will be conducted in a mutually agreeable location in your state of residence. The decision of the arbitrator shall be final and binding and may be entered as a judgment by any court of competent jurisdiction.
Before initiating an arbitration, you must first send, by certified mail or a nationally recognized courier service like Fedex or UPS, a written Notice of Dispute (“Notice”) addressed to: Legal Department, 1115 Mount Zion Road, Suite I, Morrow, GA 30260. The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If the you and we do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you may commence an arbitration proceeding with the AAA by submitting the Notice of Dispute to the AAA and initiating the arbitration and sending a copy, by certified mail or courier service, of the initiated arbitration to the Notice Address. During the arbitration, other than informing the arbitrator that the Notice was properly provided, no information regarding any settlement offer made by either party shall be disclosed to the arbitrator. Unless prohibited by applicable law, any Claim must be submitted to us in a Notice of Dispute within one (1) year from the occurrence of the facts giving rise to such Claim.
If the AAA determines that your Claim is part of a filing of multiple or mass case filings, then you agree that the AAA Supplementary Rules for Multiple Case Filings apply and you further agree not to oppose any motion by us for an order requiring you to initially advance all filing fees and arbitrator costs. If you succeed on your Claim in any multiple or mass case filing, the arbitrator may award you costs in any amount that would place you in an equal position as you had been in if you filed your Claim individually.
Neither party shall pursue any class, collective, or representative claims. Unless the Supplementary Rules for Multiple Case Filings apply, the parties may not consolidate the arbitration with any other proceedings to which we are a party, except for an arbitration in which the parties to this agreement are the sole parties.
The arbitrator shall be entitled to award injunctive relief, if applicable, specific to you and to award damages. To the extent allowed by applicable law, the parties agree that neither party will be liable to the other (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) for any indirect, special, incidental, consequential, exemplary or punitive damages or for any form of damages other than direct damages. The arbitrator shall award attorney’s fees and costs, including the expenses of the arbitration, to the prevailing party if the arbitrator finds that the non-prevailing party asserted frivolous or bad faith defenses or claims.
Any award of the arbitrator shall have no preclusive effect in any future proceeding, except any future proceeding in which you and we are the sole parties.
The Federal Arbitration Act, applicable federal law, and the laws of the state of Georgia, without regard to principles of conflict of laws, will govern this agreement and any dispute, controversy, or claim of any sort that might arise between us.
The parties agree that the arbitration proceedings and results are confidential and, except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration conducted pursuant to this agreement without the prior written consent of the parties.
For the avoidance of doubt, this agreement applies to Claims involving any of The Plucked Peach staff, agents, subsidiaries, affiliates, employees, board of directors, parents, franchisees, predecessors, successors, and assigns, each of which is an intended third-party beneficiary of this agreement. This agreement shall survive the termination of any other contractual or non-contractual relationship between us and you, including any membership relationship you may have with a franchisee.
With the exception of subparts (d) and (e) above (the class action waiver and mass action rules), if any part of this arbitration provision is held to be invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not in it. If, however, subpart (d) or (e) above (the class action waiver and mass action rules) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor us shall be entitled to arbitrate their dispute. If this agreement is found to be unenforceable on inapplicable for any reason, including because the class action waiver is found invalid, unenforceable, or illegal, then the sole and exclusive venue for the resolution of any Claim shall be the United States District Court for Georgia or, if there is no federal jurisdiction over the action, in the courts of the State of Georgia. Further, you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is determined not to be subject to the arbitration provision.