Last updated: May 23, 2018
By using or accessing the Services, you're agreeing to these Terms, our Acceptable Use Policy and our Data Processing Addendum (collectively, this “Agreement”). If you're using the Services for an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, "your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.
YOU AGREE THAT BY USING THE SITE, BOOKING A FEISTAN APPOINTMENT, SUBMITTING PAYMENT FOR A FEISTAN APPOINTMENT, USING ON- SITE FEISTAN SERVICES OR PURCHASING AND SUBMITTING PAYMENT FOR ANY FEISTAN AT HOME PRODUCT OR PRODUCTS THAT YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. FEISTAN.COM acts as a passive conduit of communication between its users and is, therefore, not responsible for and does not endorse any communications made by such users. By booking and/or submitting payment for a Feistan appointment you are representing yourself as an adult. You are confirming that you are at least 18 years of age and that you are not a minor in accordance with your local, state or federal laws. An adult will be required to sign a consent form the day of your scheduled Feistan appointment. You will therefore agree to be bound by the terms of the Feistan provided terms and conditions of the disclaimer. An adult or guardian 18 years of age or older will be required to sign the consent form on the day of the spray tan appointment.
FEISTAN.COM, ENNYBEGS INC, FEISTAN AND FEISTAN AT HOME INCLUDING ANY AND EVERY HOTEL, CONVENTION CENTER AND/OR PLACE OF FEISTAN CONDUCTING BUSINESS OR SELLING PRODUCT, INCLUDING ONLINE SALES AND ANY OF THEIR SUBSIDIARIES WILL NOT BE HELD RESPONSIBLE FOR NEGLIGENCE ON THE PART OF THE CUSTOMER OR ANY MEDICAL CONDITIONS THAT MAY ARISE FROM HAVING YOUR BODY SPRAY TANNED OR SELF APPLYING ANY FEISTAN AT HOME PRODUCT. YOU AS THE CUSTOMER WILL TAKE FULL RESPONSIBILITY BASED ON YOUR OWN KNOWN ALLERGIES OR ANY OTHER SKIN DISORDERS, REACTIONS OR MEDICAL CONDITIONS THAT YOU MAY HAVE. ENNYBEGS INC, FEISTAN.COM, FEISTAN, FEISTAN AT HOME AND ANY OF THEIR SUBSIDIARIES WILL NOT BE HELD RESPONSIBLE FOR ANY ISSUES INCLUDING BUT NOT LIMITED TO MEDICAL ISSUES, SKIN IRRITATIONS, TAN APPEARANCE, COLORING OR OTHERWISE. ENNYBEGS INC., FEISTAN, FEISTAN.COM AND FEISTAN AT HOME WILL ALSO NOT BE HELD RESPONSIBLE FOR ANY ISSUES ARISING FROM THE FAILURE OF THE CUSTOMER, PARENT OR GUARDIAN TO FOLLOW THE TANNING INSTRUCTIONS (BEFORE CARE TANNING INSTRUCTIONS AND THE AFTERCARE TANNING INSTRUCTIONS) FOR YOUR ON-SITE FEISTAN SPRAYTAN OR FEISTAN AT HOME SELF APPLYING PRODUCTS. FEISTAN SPRAY TAN INSTRUCTIONS (BEFORE CARE, AFTER CARE) FAQ'S, DIRECTIONS AND WARNINGS ARE LOCATED ON THE FEISTAN.COM WEBSITE AND/OR ANY INSTRUCTIONS THAT YOU RECEIVE AT THE TIME OF THE TANNING APPOINTMENT.
1. General Conditions - Feistan Spray Tan Appointments, Services and Feistan At Home Products
a. There are No refunds for canceled spray tan appointments unless the dancer has been injured or is not attending the event AND you have canceled at least 72 hours before your appointment time. There are no refunds for cancelations made within 72 hours of your scheduled appointment. There are no refunds for no shows. Rescheduling is permitted up to 72 hours prior to your scheduled appointment. There is no charge for rescheduling. Rescheduling is done on a first come, first serve availability basis.
b. Clients under the age of 18 must be accompanied by a parent or guardian to their spray tan appointment as a consent form will have to be signed.
c. The spray tanning process is accomplished by the application of a solution that contains the active ingredient, DHA (Dihydroxyacetone) DHA has been approved in cosmetic use by the FDA. The DHA solution is sprayed on to the skin manually with a HVLP (High Velocity Low Pressure) spray gun. All Feistan services include 1 application of PH balance which allows the skin to absorb the tanning solution and up to 3 applications of tanning solution. Feistan will not under any circumstances apply more then 3 applications of tanning solution in 1 session, the skin can only absorb as much solution that is applied with 3 applications within a 24 hour period. Applying more then 3 coats of tanning solution within 24 hours could turn your skin orange, green or another unfavorable color other then brown. Applying more then 3 coats of tanning solution within a 24 hour period could also have an adverse affect on your tan causing it to peel off. Applying more then 3 coats of tanning solution within a 24 hour period could cause an unfavorable skin reaction. A fourth and fifth coat of tanning solution can be applied after 24 hours time from your first application. If you wish to have a fourth/fifth coat, all clients will be required to reserve and pay for a second appointment.
d. You the customer understand that Feistan At Home products have a 3 month shelf life from the purchase date as long as the product is stored in the proper conditions. (Room temperature, out of direct sunlight, not exposed to extreme temperatures) All Feistan At Home products have storage directions on their labels and the Feistan.com website.
e. Feistan At Home Products: Are Not eligible for return regardless if the product is opened or unopened, except for defects in the solution or workmanship, to be determined by Feistan. Feistan At Home Products are Not eligible for return if you ordered the wrong product. The integrity of our products can't be guaranteed by us, once you have taken possession, therefore we cannot resell these items. Feistan At Home products are of a very high quality and freshness.
f. Feistan can't guarantee individual results as personal skin types and other conditions and application techniques can affect the outcome of the developed color and tan, which also includes the gradual fading and wear of the tan. Examples of things that can affect the tanning process, wear and fading include but are not limited to: An individuals medications, skin preparation, amount of product applied, following of our directions, stress, female cycles, hormonal changes, life changes, product amount applied, wait time before showering off the bronzer, life changes, environmental changes, life styles etc.
2. Force Majeure:
No Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God such as hurricanes, earthquakes, flooding, fire, government restrictions (including the denial or cancellation of any export or other necessary license), wars, terrorist acts, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. Should a clients Feistan appointment be canceled, postponed or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by Feistan, but Feistan will use all reasonable efforts to work with Feistan clients to produce the service at a later date if necessary, subject to Feistan's availability, and a substitute representative may be present on Feistan's behalf on the rescheduled date. Additional fees may be incurred and due to Feistan as a result of a rescheduled Event.
Feistan makes no representation, neither expressly or impliedly, as to the accuracy reliability or timeliness of any materials or information on this website. In no event shall Ennybegs Inc., its officers, directors or affiliates be liable for any indirect, direct, punitive or consequential damages. This includes, but is not limited to the loss of income, emotional distress, medical issues and pain and suffering arising from the use of any and all ENNYBEGS INC., services or products, either from the Feistan.com website or from any information or advice given by the employees or volunteers of FEISTAN, FEISTAN.COM or ENNYBEGS INC. (D.B.A. FEISTAN AT HOME, FEISTAN). You agree that your use of the Feistan.com website is on an as available basis. Feistan Inc. and its affiliates will not be liable to you or any other person as a result of your use of the website and/or services. The Customers of Feistan, Feistan.com, Ennybegs Inc. (D.B.A. Feistan At Home, Feistan) are responsible for providing all personal computers and communications equipment necessary to access and use the website. Customers of Ennybegs Inc. (D.B.A. Feistan At Home, Feistan) will not hold Ennybegs Inc. liable in any way, shape or form for damages, malfunctions or viruses while accessing and using the website. Including but not limited to; damages for: The loss of data, the inability to use the Feistan.com website and/or problems arising with your hardware, software and Internet connections.
3. Indemnity by the Customer:
You the customer of ENNYBEGS Inc. services and you the customer of Ennybegs Inc. (D.B.A. Feistan At Home, Feistan) will indemnify, defend and hold FEISTAN, FEISTAN.COM, Ennybegs Inc, and Feistan At Home and all of its affiliates harmless for any losses, costs, expenses, medical conditions and liabilities relating to your use of Feistan.com spray tan services as well as Ennybegs Inc., Feistan At Home self tanning products and applicators including but not limited to any breach of terms in any and all terms of this agreement. Ennybegs Inc. and/or any of employees and officers will not be held responsible for any results of an airbrush spray tan as well as an airbrush spray tan that has been applied over a home self tanning product. All clients have been informed of this on the Feistan website as well as in the signed disclaimer. There must be at least 10 days between a self tanner application and a Feistan airbrush spray tan.
5. Cancellation and refund policy
5.1 In Regard to Feistan Spray Tan Services
Refunds will only be issued under the following circumstances: Your spray tan appointment is canceled at least 72 hours prior to the scheduled appointment time AND the dancer is not dancing due to an injury or the dancer is not attending the event. There are no refunds for appointments that are cancelled within 72 hours of the scheduled appointment time. There are no refunds for no shows.
5.2 In Regard to All Feistan At Home Products
There are no refunds on any Feistan At Home products except for defects in the solution or workmanship, which will be determined by an employee of Feistan/ Ennybegs Inc.
Customers with Addresses outside of the 48 Contiguous United States:
*****Any applicable customs, tariffs, import, duties, taxes, brokerages or other fees are the responsibility of the buyer.*****
7. Limited Permission to Download
8. Links to Third Party Sites
9. Rights and Responsibilities of FEISTAN.COM
10. Rights and Responsibilities of FEISTAN.COM Users or Other Posters of User Content
11. Your Agreement to Release and Hold Harmless FEISTAN, FEISTAN.COM and ENNYBEGS INC.
For Any Harm Resulting From Your Communication or Contact with Other FEISTAN.COM Users. FEISTAN.COM CAN FUNCTION AS A PASSIVE COMMUNICATION SERVICE WHICH ALLOWS USERS TO CONTACT AND COMMUNICATE WITH ONE ANOTHER. FEISTAN.COM IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS MADE BY FEISTAN.COM USERS. YOU AGREE THAT ANY ATTEMPT MADE BY YOU TO MAKE DIRECT CONTACT OR ANY ACTUAL DIRECT CONTACT WITH ANY FEISTAN.COM USER IS MADE AT YOUR OWN RISK AND YOU AGREE TO RELEASE AND HOLD FEISTAN.COM, ENNYBEGS INC., FEISTAN AND FEISTAN AT HOME HARMLESS, IRREVOCABLY RELEASE FEISTAN.COM AND FOREVER DISCHARGE FEISTAN.COM, ITS AGENTS, AFFILIATES, EMPLOYEES,OFFICERS, SUCCESSORS AND/OR ASSIGNS FROM ALL MANNER OF ACTIONS, CAUSES OF ACTION, CLAIMS, SUITS, COVENANTS, CONTROVERSIES, AGREEMENTS, PROMISES, DAMAGES, CHARGES, AND DEMANDS, WHATSOEVER, IN LAW OR IN EQUITY OR OTHERWISE, FOR ANY HARM, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER FEISTAN.COM USERS.ADDITIONALLY, YOU AGREE TO INDEMNIFY FEISTAN.COM FOR ANY HARM TO THIRD PARTIES, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER FEISTAN.COM USERS.
12. No Warranty
THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FEISTAN.COM, FEISTAN, FEISTAN AT HOME AND ENNYBEGS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FEISTAN.COM MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. FEISTAN.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
13. Limitation of Liability
IN NO EVENT SHALL FEISTAN.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS,OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF FEISTAN.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT ORDATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF ENNYBEGS INC., FEISTAN, FEISTAN AT HOME AND FEISTAN.COM TO YOU IS $100.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
You agree to defend, indemnify and hold harmless ENNYBEGS INC., FEISTAN, FEISTAN AT HOME AND FEISTAN.COM, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of orin any way connected with your access to or use of the Site and the Materials. Unsolicited Submissions. Except as may be required in connection with your use of FEISTAN.COM Services, FEISTAN.COM does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to FEISTAN.COM through or in association with this Site shall be considered non-confidential. By providing such submissions to FEISTAN.COM you hereby grant FEISTAN.COM a license to use, reprint, distribute, modify and create derivative works which will be owned by FEISTAN.COM. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
15. Compliance with Intellectual Property Laws
Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
17. Governing Law Venue
All Site design, text, graphics, product design including labels, the selection and arrangement thereof, hold a Copyright. ENNYBEGS INC., FEISTAN, FEISTAN.COM AND FEISTAN AT HOME ALL RIGHTS RESERVED.
FEISTAN IS A REGISTERED TRADEMARK. ENNYBEGS INC., FEISTAN and FEISTAN.COM, all images, logos and text, and all page headers, pages, custom graphics and button icons are service marks, trademarks and/or trademarks of ENNYBEGS INC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
CONSIDERATIONS WITH REGARD TO UPLOADED PICTURES:
By uploading pictures to the Feistan website, participants grant Ennybegs Inc. and Feistan a non-exclusive, sublicenseable and transferable right to display, perform, copy, and alter the pictures. By uploading pictures to the website, participants warrant that the pictures do not violate the intellectual upload pictures.
B. You agree that you have all necessary licenses and permissions to submit this content and have it posted. You represent and warrant that you have all necessary rights, licenses, and permissions to grant the above licenses and that the content submitted by you, and the submission of such content, do not and will not violate any intellectual property rights (including but not limited to copyrights and trademark rights) of any third party. You agree that you will indemnify, defend, and hold harmless Ennybegs Inc., Feistan, its parents, subsidiaries, affiliates, customers, vendors, hosts, officers, and employees from any liability, damage or cost (including reasonable attorneys' fees and costs) from any claim or demand made by any third party due to violation of these representations and warranties, or otherwise arising out of any submitted content.