Terms of Service - Confidential Experience Assessment

Effective Date: January 1, 2026
Last Updated: January 1, 2026

1. Agreements to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Hotchkiss, Hern & Co LLC, doing business as The Luxora Collective (“Company,” “we,” “us,” or “our”) regarding your purchase and use of the Confidential Experience Assessment service.

By purchasing this service, you agree to be bound by these Terms. If you do not agree to these Terms, do not purchase this service

2. Services Description

The Confidential Experience Assessment is a mystery shopping service designed to evaluate the client experience at your med spa or wellness business. The service includes:

A complete mystery shop experience conducted by The Luxora Collective representative
Evaluation of all client touchpoints (phone inquiry, booking process, in-person visit, post-visit follow-up)
A comprehensive written report (15-25 pages) detailing findings, observations, and recommendations
A 60-minute debrief call to discuss findings and answer questions
A prioritized action plan with implementation guidance
A 30-day follow-up check-in via email

Timeline: The complete assessment process typically takes 2-3 weeks from booking to debrief call completion.

3. Confidentiality

3.1 Mystery Shop Confidentiality

The mystery shop experience is conducted confidentially. Your team and staff will not be informed in advance that a mystery shop is taking place. The Luxora Collective representative will pose as a genuine prospective client.

3.2 Report Confidentiality

All findings, observations, and recommendations contained in your assessment report are confidential and intended solely for your use. We will not share your report or specific findings with third parties without your written consent.

3.3 Your Confidentiality Obligations

You may share the report and findings with your internal team, management, or advisors as needed. However, you may not publicly disclose, republish, or distribute the report to external parties, competitors, or use it for purposes beyond improving your own business operations.

4. Client Responsibilities

4.1 Information Requirements

You must provide accurate business information including:

Business name, location, and hours of operation
Services offered and pricing
Any specific areas of focus for the assessment
Preferred service or treatment to be experienced during the mystery shop
Budget range to present during inquiry (if applicable)

4.2 Access and Cooperation

You must ensure that:

Your business is operational and accepting new clients during the assessment period
Appointments can be scheduled during the mystery shop process
Basic business operations (phone lines, booking systems, etc.) are functioning

4.3 Implementation

While we provide comprehensive recommendations and implementation guidance, you are solely responsible for:

Reviewing and implementing recommendations
Training your team based on findings
Making operational or system changes
Monitoring progress and results

The Luxora Collective is not responsible for implementing changes or managing your team.

5. Payment Terms

5.1 Service Fee

The base service fee for the Confidential Experience Assessment is $2,500 (one-time payment).

Payment Options:

Pay-in-Full: $2,500 paid at time of booking
Split Payment: 50% deposit ($1,250) paid at time of booking, remaining 50% ($1,250) due before the debrief call is scheduled

5.2 Travel Expenses

If your business is located outside the Nashville, Tennessee area, you are responsible for covering travel expenses including:

Roundtrip airfare for The Luxora Collective representative
One night hotel accommodation (reasonable 3-4 star hotel)

Travel expenses are paid separately from the service fee and may be:

Booked directly by you and provided to our representative, OR
Booked by us and reimbursed by you upon presentation of receipts

Local Nashville assessments include no additional travel costs.

5.3 Additional Services (Optional Add-Ons)

If purchased, the following add-ons are billed separately:

Additional Location Assessment: $1,500 per additional location
Competitor Comparison Shop: $1,000 (mystery shop of 1-2 competitors)
30-Day Implementation Support Call: $500 (follow-up call for additional guidance)

5.4 Late Payment

If the second payment (for split payment option) is not received before the scheduled debrief call:

The debrief call will be postponed until payment is received
A late fee of $50 may be assessed if payment is more than 7 days overdue
Continued non-payment may result in forfeiture of the service with no refund of deposit

6. Refund And Cancellation Policy

6.1 Cancellation Before Mystery Shop

If you cancel before the mystery shop experience has been conducted, you are entitled to a 50% refund of the service fee paid.

Example:

Pay-in-full ($2,500): 50% refund = $1,250 returned
Split payment (deposit $1,250 paid): 50% refund = $625 returned

6.2 No Refund After Mystery Shop

Once the mystery shop experience has been conducted (phone inquiry made, appointment attended, etc.), no refunds will be issued under any circumstances.

This includes situations where:

You are dissatisfied with findings or recommendations
You disagree with observations or assessments
You choose not to schedule or attend the debrief call
You choose not to implement recommendations

6.3 Travel Expense Refunds

Travel expenses are non-refundable once flights or hotel accommodations have been booked. If you cancel after travel has been arranged, you are responsible for any non-refundable travel costs incurred.

6.4 Refund Processing

Approved refunds will be processed within 14 business days and issued to the original payment method. A 5% processing fee may be deducted to cover transaction costs.

7. Service Delivery and Timeline

7.1 Expected Timeline

The standard timeline for service delivery is 2-3 weeks:

Week 1: Mystery shop experience conducted
Week 2: Report prepared and delivered
Week 3: Debrief call scheduled and 30-day follow-up begins

7.2 Scheduling Flexibility

The exact timing depends on:

Your availability for the debrief call
Scheduling availability at your business
Travel arrangements (if applicable)

We will work with you to accommodate reasonable scheduling needs, but we cannot guarantee specific dates for mystery shop or debrief call completion.

7.3 Delays

If there are delays due to circumstances beyond our control (business closure, natural disasters, illness, travel disruptions, etc.), we will communicate promptly and reschedule as soon as possible. Delays do not entitle you to a refund if the mystery shop has already been conducted.

8. Scope of Service and Limitations

8.1 Observations and Opinions

The assessment report contains observations, opinions, and recommendations based on a single mystery shop experience. These represent our professional assessment but are not guarantees of accuracy or completeness.

Different representatives, different days, or different circumstances may yield different observations.

8.2 Not Professional Advice

The Confidential Experience Assessment does not constitute:

Legal advice (consult an attorney for legal matters)
Financial advice (consult a financial advisor for financial matters)
Medical advice (consult healthcare professionals for medical matters)
HR or employment advice (consult HR professionals for employment matters)

8.3 Team and Staff Evaluation

While we may observe and comment on team performance, customer service, and sales effectiveness, we do not:

Conduct formal employee evaluations
Recommend hiring or firing decisions
Provide legal grounds for employment actions
Assess individual employee performance in a way suitable for HR documentation

Any observations about team performance are general and intended to identify training opportunities or process improvements.

9. No Guaranteed Results

9.1 Implementation-Dependent Outcomes

We do not guarantee specific business outcomes, revenue increases, or improvements resulting from this assessment. Success depends entirely on:

Your commitment to implementing recommendations
The quality and speed of implementation
Your team’s ability to execute changes
Market conditions and competitive factors
Other variables beyond our control

9.2 Recommendations Are Guidance, Not Guarantees

Our recommendations are based on industry best practices and professional experience, but individual results vary. What works for one business may not work identically for another.

10. Intellectual Property

10.1 Report Ownership

The written report, action plan, and all materials provided as part of the assessment remain the intellectual property of The Luxora Collective. However, you are granted a limited, non-exclusive license to use these materials solely for your own business operations.

10.2 Prohibited Uses

You may not:

Resell, republish, or distribute the report to third parties (except internal team/advisors)
Use the report for purposes beyond improving your own business
Share the report with competitors
Claim authorship or ownership of the methodologies, frameworks, or intellectual property contained in the report

11. Limitation of Liability

11.1 Maximum Liability

To the fullest extent permitted by law, The Luxora Collective’s total liability for any claims arising from the Confidential Experience Assessment shall not exceed the total amount paid by you for the service (excluding travel expenses).

11.2 Exclusion of Damages

We shall not be liable for:

Indirect, incidental, consequential, or punitive damages
Lost profits, revenue, or business opportunities
Damages resulting from failure to implement recommendations
Damages caused by your team’s actions or inactions
Third-party claims arising from implementation of recommendations
Damages resulting from factors beyond our reasonable control

12. Disclaimers

12.1 Single Experience

This assessment is based on a single mystery shop experience on a specific date and time. It does not represent all possible client experiences or account for variations in staff performance, operational conditions, or other factors that may differ on other days or times.

12.2 Subjective Elements

Some elements of the assessment involve subjective judgment and professional opinion. While we strive for objectivity, assessments inherently include subjective elements that another evaluator might perceive differently.

12.3 No Business Advice

This assessment does not constitute comprehensive business consulting or strategic planning. It is limited to the client experience evaluation described in Section 2.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Luxora Collective, its owners, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

Your use of the assessment report and recommendations
Implementation of recommendations by you or your team
Your business operations and decisions
Claims by third parties (employees, clients, vendors) related to changes you make based on the assessment

14. Confidentiality of Mystery Shop Method

You agree not to disclose to your team or publicly that a mystery shop was conducted by The Luxora Collective, unless:

You choose to share this information internally for training purposes, OR
You receive our written permission to reference the mystery shop publicly

You may describe findings as coming from an “external audit” or “client experience review” without specifically identifying it as a mystery shop.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles.

15.2 Arbitration

Any dispute arising out of or relating to these Terms or the services provided shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Sheridan, Wyoming.

15.3 Exceptions

Either party may seek injunctive relief in court to protect confidential information or intellectual property rights.

15.4 Class Action Waiver

You agree to resolve disputes on an individual basis only and waive the right to participate in any class action or representative proceeding.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any service agreements or order forms, constitute the entire agreement between you and The Luxora Collective regarding the Confidential Experience Assessment and supersede all prior agreements or understandings.

16.2 Amendments

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated “Last Updated” date. Your continued use of services after changes are posted constitutes acceptance of modified Terms.

16.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

16.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

16.5 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.6 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, acts of government, pandemics, or technical failures.

16.7 Notices

All notices under these Terms must be in writing and sent to:

Hotchkiss, Hern & Co LLC
DBA The Luxora Collective

Email: support@theluxoracollective.co

Website: www.theluxoracollective.co

Mailing Address: 30 N Gould St. Ste N, Sheridan, WY 82801

Notices to you will be sent to the email address provided at booking.

17. Contact Information

For questions about these Terms or the Confidential Experience Assessment, contact us:

Email: support@theluxoracollective.co

Website: www.theluxoracollective.co

18. Acceptance

By purchasing the Confidential Experience Assessment, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Hotchkiss, Hern & Co LLC
DBA The Luxora Collective
30 N Gould St. Ste N, Sheridan, WY 82801