When developing IN COMMON, we used that same unapologetic, feel-good ethos that we infused in 901 - to create a community that celebrates every stylist and every consumer for their perfect uniqueness. This brand was created with YOU, the professionals, in mind. We wanted to be able to give each stylist the opportunity to provide their clients with the same incredible products and experience through IN COMMON.

With IN COMMON, we can all come together, have amazing hair and be a team. We invite you to become a “Pro” by joining our professional network which will you give you access to wholesale pricing and exclusive tools and assets on pro.incommon.com.

Enrollment

In order to enroll as a Pro you must have a valid Cosmetology or Barbering license (collectively a “Professional License”). You will also be required to submit photo identification that evidences your full name which must match the name on the submitted Professional License. IN COMMON requires a digital copy of the Professional License that will be digitally stored upon verification. IN COMMON reserves the right to require additional professional documentation at any time. IN COMMON also reserves the right to reject any application for any reason, at its sole discretion.

After submitting the requested documentation, you will immediately receive an activation email from hello@incommonbeauty.com and text message from (310) 923 7997 with a link to activate your Pro account and create a password. Your Pro account will not become effective until you have completed the steps outlined herein. Once you have successfully activated your Pro account you will have access to pro.incommonbeauty.com (the “Pro Website”) and professional pricing. If you are a Canadian Pro, IN COMMON will need to manually verify your salon professional information before you will be able to checkout and place an order

Any orders submitted by you are subject to acceptance by us, as some products may not be available for a Pro discount, such as limited-edition products, sale products or products in limited quantities, packs, discounted items, and sale aids. We reserve the right, in our sole discretion, to edit all or a portion of your order and/or to limit the quantity and/or types of items in your order. In addition, Pro discount cannot be used to pay for shipping, handling or taxes.

Your IN COMMON Pro status will be personal to you and may not be used by or for the benefit of any other person or entity. Your Pro status does not create any rights of exclusivity and does not constitute a joint venture, franchise, agency, sales representative, or employment relationship or partnership of any form between you and IN COMMON. All prices for items through your Pro status are exclusive of any federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments and will be charged to you at the time your order is accepted. Except as otherwise expressly provided herein, all orders are subject to our standard terms of sale (as the same may be revised or updated from time to time at IN COMMON’s sole discretion). The use of any of our copyrights, trademarks or service marks may only be used in connection with the promotion, marketing, advertising and sale of the products and expressly with IN COMMON’s prior written approval of each use. This includes, without limitation any advertising, marketing or promotion via digital, print or social media. You understand and agree that this is not a distribution arrangement and all products purchased or acquired through your Pro status shall solely and exclusively be for professional use and/or resale to end-user consumers. Without our prior written consent, you may not, directly or indirectly, undertake or permit distribution of our products by or through any person or entity that is a wholesaler, retailer or reseller, including any e-commerce market place (e.g., Amazon or similar). Distribution or sale of our products through any other channels outside of your authorized channel (including, without limitation unauthorized digital channels) is prohibited. All digital channels must be verified and adhere to the guidelines provided exclusively via Pro status. You also agree to take the following measures, using best efforts to prevent your consumers from engaging in further distribution or sale of the products, including not selling or delivering any products to any consumer reasonably likely to do so. Any backbar products or products marked as Not For Resale (“NFR”) as acquired as a result of a Pro status are intended for the personal and professional use by our Pro and are not to be resold under any circumstances.

Without limiting any other rights or remedies, we, at our own discretion, may immediately terminate your Pro status if we believe in our sole discretion that you have violated any of the restrictions set forth. We will have no obligation to take or fulfill any orders after notice issued. In addition, if the member’s Pro status remains inactive for at least 6 months, it will be disactivated at discretion of IN COMMON. IN COMMON reserves the right to approve, deny or cancel your Pro status at any time, and at our sole discretion. The Pro discount cannot be combined with any other offers or sales. IN COMMON reserves the right to change and/or update the Terms & Conditions and shall provide a notification of any material changes to all Pro status members through the email used for registration.

Importer Of Record And Power Of Attorney

By ordering goods from IN COMMON for shipping to destinations outside the United States, you expressly agree to become Importer of Record (“IOR”) for the products ordered by you, and, accordingly, customs clearance shall be made in your name and on your behalf. As IOR, you agree to be ultimately responsible for importing the products ordered by you into the applicable country (Canada) and are solely responsible for the payment of Fees either at the time of sale or at the time of importation (as applicable). You hereby give a proxy or power of attorney (“POA”) to IN COMMON’s designated shipping provider for the customs clearance of products ordered by you. This POA authorizes IN COMMON’s designated shipping provider’s assigned customs broker to act on behalf of you. IN COMMON’s designated shipping provider’s intervention with respect to customs formalities may be done by a customs agent assigned by IN COMMON’s designated shipping provider on your behalf. You hereby acknowledge to have understood the concept of IOR and the need of the POA and further state that the terms of the POA or terms of the purchase from pro.incommon.com and transportation conditions from IN COMMON’s designated shipping provider are not unreasonable or unknown to you, that you have read them, understood them and further have agreed to them. In the case of gifts or other purchases made on behalf of another recipient, you also agree to grant the foregoing authorizations on behalf of the recipient designated in your order. If you have additional questions, please contact customer service as noted above.

Indemnification

Pro agrees to indemnify, defend and hold IN COMMON and its representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Pro of any of the Terms and Conditions or any violation by Pro of applicable law.

Release

Except for willful misconduct or gross negligence on the part of IN COMMON, by participating in the Loyalty Program, Pro releases IN COMMON, its subsidiaries, affiliates, suppliers, advertisers and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected Loyalty Program or use of the Loyalty Dollars.

Governing Law

These Terms & Conditions, the Loyalty Dollars and the Loyalty Program shall be governed by and construed in accordance with the laws of the State of Florida without regard to the principles of conflict of laws.

Force Majeure

Any failure by IN COMMON any of its obligations, including for the fulfillment of any order for products will be excused in the event of an unforeseen event beyond IN COMMON’s reasonable control. Such events will include, but are not limited to, strikes, blockade, war, mobilization, revolutions or riots, natural disasters and shortages.

No Representations or Warranties

IN COMMON DOES NOT MAKE, AND DOES HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO ANY LBP PRODUCT, INFORMATION OR SERVICES MADE AVAILABLE OR PROVIDED IN CONNECTION WITH THIS AGREEMENT. MOREOVER, IN COMMON DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING SALES VOLUME OR FUTURE POTENTIAL PROFITABILITY RELATING TO THE PRODUCTS OF IN COMMON.

Limitation of Liability

IN NO EVENT SHALL IN COMMON, ON THE ONE HAND, AND ANY PRO, ON THE OTHER HAND, BE LIABLE TO THE EACH OTHER (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH SUCH PARTY) CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL.