READ CAREFULLY — THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
This Agreement contains a RELEASE OF LIABILITY, an INDEMNIFICATION obligation, a LIMITATION OF LIABILITY (capped at $1,000), a BINDING INDIVIDUAL ARBITRATION clause, a CLASS-ACTION WAIVER, a JURY-TRIAL WAIVER, a FAMILY-AND-SPOUSAL-CLAIM RELEASE, a 30-DAY NOTICE-ANDCURE PERIOD, a 1-YEAR LIMITATIONS PERIOD, a PREVAILING-PARTY FEE-SHIFTING CLAUSE, a CHARGEBACK LIQUIDATED-DAMAGES CLAUSE, and other provisions waiving substantial legal rights. By signing, you give up these rights. If you do not agree, do not sign and do not proceed with any service.
PLAIN-LANGUAGE SUMMARY (Informational Only — the Full Agreement Below Controls) (1) Laser hair removal is cosmetic, not medical, and results are not guaranteed. (2) You accept the risks of treatment, including rare burns and scarring. (3) You promise your medical history is accurate. (4) You agree not to sue us in court — disputes go to private arbitration in Manhattan, individually only, no jury, no class action. (5) Our total liability to you is capped at $1,000. (6) You have 1 year to bring any claim. (7) You give us 30 days written notice and a chance to fix anything before filing anything. (8) If you lose a dispute against us, you pay our reasonable attorneys’ fees. (9) Cancellations under 24 hours, no-shows, and improper chargebacks are subject to fixed fees. (10) Your spouse, partner, family, and heirs are bound by these terms too. The complete legal terms follow.
This Master Client Agreement (the “Agreement”) is between Infinity Laser Spa (“the Spa,” “we,” “us”) and the individual identified at the signature page (“Client,” “you,” “your”). It governs every Service the Spa provides to you, now and in the future, until you sign a written replacement. 1. Definitions 1.1 “Spa” or “Releasees” means Infinity Laser Spa and each of its owners, members, managers, officers, directors, shareholders, employees, independent contractors, technicians, estheticians, medical directors, supervising physicians (if any), agents, affiliates, parent, subsidiaries, successors, assigns, landlords, lessors, insurers, equipment manufacturers and suppliers (with respect to claims against the Spa), and any other person or entity acting on its behalf, in both individual and representative capacities. 1.2 “Services” means any treatment, procedure, consultation, product, examination, or service provided by the Spa now or in the future, including laser hair removal (Soprano Ice, Clarity Lutronic II, Vertex), CO2 laser, chemical peels, facials, body contouring, microneedling, skin treatments, and any newly added service. 1.3 “Treatment Area” means any portion of your body to which Services are applied. 1.4 “Claim” means any claim, demand, dispute, controversy, action, cause of action, suit, or proceeding of any kind, in law or equity, whether contractual, tort-based, statutory, or otherwise, whether known or unknown, that arises out of or relates in any way to the Services, this Agreement, marketing communications, the Spa’s premises, or the relationship between the parties.
2. Eligibility, Capacity, Sobriety, and Voluntary Participation 2.1 You represent and warrant, each time you receive any Service, that: (a) You are at least 18 years of age, or your parent or legal guardian has executed the Parental Consent at the end of this Agreement; (b) You have full legal capacity to enter into this Agreement and are not under any conservatorship, guardianship, or legal disability; (c) You are NOT under the influence of alcohol, marijuana, illegal drugs, prescription opioids, sedatives, sleep aids, or any other substance impairing your judgment; (d) You are signing voluntarily, free of duress, coercion, undue influence, or impairment; (e) You have had reasonable opportunity to read this Agreement in full and ask questions, all of which have been answered to your satisfaction; (f) You read and understand English well enough to comprehend this Agreement, or you have had it translated at your expense by a competent translator of your own choosing; (g) You have been advised of your right to consult independent legal counsel before signing, and have either done so or knowingly elected not to; (h) Your identity and the credit card on file are your own, or you have lawful authority to use them, and you have not used a false name or pseudonym. 2.2 The Spa may, in its sole discretion, refuse to begin or continue any Service if it observes signs of impairment, intoxication, or diminished capacity. No refund is owed for service refused on these grounds.
I agree to all terms above in section 2.1 (a-h) and section 2.23. Nature of Services — No Medical Advice; No Guarantee; Alternatives 3.1 The Services are cosmetic, elective, and non-medical. The Spa does not diagnose, treat, or cure any medical condition. No representation is made that any Service treats, cures, prevents, or mitigates any disease. 3.2 No Spa employee, technician, esthetician, agent, or representative is your physician, dermatologist, or healthcare provider. You are solely responsible for consulting your own licensed physician about any medical condition, medication, or symptom, before, during, and after Services. 3.3 NO GUARANTEE OF RESULTS. Outcomes vary based on skin tone, hair color and thickness, hormones, medications, age, genetics, ethnicity, hair-growth cycles, and your compliance. Laser hair removal at best produces a reduction (not elimination) of hair, up to approximately 90% on ideal candidates, and is ineffective on blonde, grey, white, and red hair. The Spa makes no representation, warranty, or guarantee, express or implied, regarding any specific result, percentage of reduction, duration of effect, or appearance outcome. 3.4 ALTERNATIVES. Alternatives to the Services exist, including no treatment, shaving, waxing, depilatories, threading, electrolysis, prescription topical treatments, and laser/IPL treatment by a physician’s office. You have considered these alternatives and choose the Services voluntarily and at your own risk. 3.5 MARKETING DISCLAIMER. Any “before-and-after” photographs, testimonials, or reviews are individual results and may not represent typical results. Your results may differ materially.
I agree to all terms above in sections 3.1, 3.2, 3.3, 3.4, and 3.54. Informed Consent — Detailed Risk Disclosure 4.1 All Services involve inherent risks — known and unknown — that cannot be entirely eliminated regardless of skill or care. You have been informed of, and accept, the following non-exhaustive risks: (a) Redness, swelling, edema, itching, stinging, and discomfort, which may persist hours or days; (b) First-, second-, or third-degree burns; (c) Blistering, crusting, scabbing, ulceration; (d) Temporary or permanent hypopigmentation (lightening) or hyperpigmentation (darkening) of skin; (e) Post-inflammatory hyperpigmentation (PIH), especially in darker skin tones; (f) Hypertrophic, keloid, or atrophic scarring; (g) Bruising, purpura, petechiae; (h) Folliculitis, ingrown hairs, skin texture changes; (i) Paradoxical hypertrichosis (new or thicker hair growth in or adjacent to Treatment Area); (j) Activation of dormant follicles requiring additional treatments at your expense; (k) Infection — bacterial, viral (including herpes simplex / cold sore reactivation), or fungal; (l) Allergic or hypersensitivity reactions to topical preparations, cooling gels, numbing agents, or posttreatment products; (m) Eye injury, including corneal damage and retinal injury, if protective eyewear is not worn or is removed; (n) Damage to existing tattoos, permanent makeup, and pigmented lesions, including blistering, fading, distortion, scarring, or permanent disfigurement; (o) Damage to moles, freckles, or naevi (which must not be lasered); (p) Acne flares or breakouts; (q) Vasovagal reactions, fainting, nausea, dizziness; (r) Toxicity, allergic reaction, or methemoglobinemia from topical anesthetics if applied improperly or in excess; (s) Persistent erythema, telangiectasia, skin laxity changes; (t) Treatment ineffectiveness, partial effectiveness, or need for substantially more sessions than estimated; (u) Worsening or no improvement of any pre-existing skin condition; (v) Rare, unexpected, or idiosyncratic adverse reactions, including those not currently known to medical science.
I agree to all terms above in section 4.1 (a-v)4.2 TATTOOS, PERMANENT MAKEUP, MOLES, AND PIGMENTED LESIONS. You agree to fully and accurately disclose, in writing, every tattoo, permanent makeup application, mole, birthmark, or pigmented lesion in or near any Treatment Area before treatment. You assume full responsibility — and the Spa shall have no liability — for any injury, damage, fading, distortion, or disfigurement arising from your failure to disclose, your concealment, or any marking the technician could not reasonably have seen. I agree to all terms above in section 4.2
5. Contraindications — Client Warranties 5.1 You warrant that none of the following applies to you OR that you have disclosed each in writing and obtained physician clearance: (a) Pregnancy, attempting pregnancy, or possible pregnancy; (b) Breastfeeding or lactation; (c) Isotretinoin (Accutane and equivalents) within past 12 months; (d) Oral corticosteroids within past 30 days; (e) Photosensitizing medications, including tetracyclines, sulfonamides, fluoroquinolones, amiodarone, phenothiazines, thiazides, NSAIDs, retinoids, St. John’s Wort, certain antifungals/chemotherapeutics/psychotropics; (f) Active or recent (≤5 years) skin cancer in or near any Treatment Area; g) Personal history of melanoma; (h) Lupus, scleroderma, dermatomyositis, vitiligo, porphyria, or other photosensitive autoimmune/genetic disorder; (i) Pacemaker, defibrillator, cochlear implant, or any implanted electronic medical device; (j) Active herpes simplex outbreak, cold sores, or shingles in or near Treatment Area; (k) Open wounds, sores, sunburn, severe rash, eczema flare, psoriasis flare, or active skin infection in Treatment Area; (l) Chemical peel, microdermabrasion, microneedling, or other resurfacing in Treatment Area within past 4 weeks; (m) Botulinum toxin or dermal filler in Treatment Area within past 2 weeks; (n) Hydroquinone, bleaching agents, or strong exfoliating acids on Treatment Area within past 2 weeks; (o) Topical retinoids (Retin-A, tretinoin, tazarotene, adapalene) on Treatment Area within past 7 days; (p) Sun, tanning bed, spray tan, or self-tanner on Treatment Area within past 2 weeks; (q) Personal or family history of keloid or hypertrophic scarring; (r) Bleeding/clotting disorder or use of anticoagulant or antiplatelet medication; (s) History of seizures (especially photosensitive); (t) Current or past gold therapy; (u) PCOS, thyroid imbalance, or other hormonal condition affecting hair growth; (v) Uncontrolled diabetes or healing complications; (w) HIV/AIDS, immunocompromised status, or use of immunosuppressive medication; (x) Psychiatric or cognitive condition affecting capacity to consent; (y) Any other medication, supplement, condition, or factor that may affect safety or effectiveness. I agree to all terms above in section 5.1 (a-y)
5.2 CONTINUING DUTY TO DISCLOSE. Before each treatment you will inform the Spa, in writing, of any new condition, pregnancy, medication, supplement, skin change, sun exposure, or cosmetic procedure. Failure is a material breach that voids the Spa’s obligations as to harm from non-disclosure while leaving your obligations under this Agreement fully in force. I agree to all terms above in section 5.2
6. Pre-Treatment and Post-Treatment Compliance 6.1 Pre-treatment: (a) shave the Treatment Area to skin level on hydrated skin 2–24 hours before; (b) avoid sun and tanning for 2 weeks; (c) avoid waxing, plucking, tweezing, threading, depilatories, and electrolysis for 4 weeks; (d) arrive with clean, product-free skin; (e) follow any additional instructions. 6.2 Post-treatment: (a) avoid sun and use SPF 30+ daily; (b) avoid hot showers, saunas, steam rooms, hot tubs, pools, and strenuous exercise for 24–48 hours; (c) avoid fragrance, scrubs, exfoliants, and actives on Treatment Area for 24–48 hours; (d) keep Treatment Area clean, dry, moisturized; (e) report any unusual reaction promptly. 6.3 YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR ANY ADVERSE OUTCOME RESULTING IN WHOLE OR IN PART FROM YOUR NON-COMPLIANCE, INCLUDING BURNS, HYPERPIGMENTATION, SCARRING, AND INEFFECTIVE TREATMENT I agree to all terms above in sections 6.1 (a-e), 6.2 (a-e), and 6.3
7. Test Patch, Skin Typing, and Technician Discretion 7.1 You consent to test patches at the technician’s discretion. The technician retains sole discretion to decline, modify, pause, or discontinue any Service if treatment is, in the technician’s judgment, unsafe, ineffective, contraindicated, or inappropriate. No refund is owed for discretionary decisions made for your protection. 7.2 You acknowledge that Fitzpatrick skin types IV–VI carry materially higher risk of pigmentary changes and burns, and that the Spa is not liable for outcomes that vary based on skin type. 7.3 You consent to any qualified technician employed or engaged by the Spa performing Services on you. The Spa may, at its discretion, substitute or assign technicians. I agree to all terms above in sections 7.1, 7.2, and 7.3
8. Topical Anaesthetics — Specific Consent 8.1 If you elect to use a topical anaesthetic (lidocaine, prilocaine, benzocaine preparations), you specifically consent to its application and acknowledge the additional risks: systemic toxicity, allergic reaction, methemoglobinemia, contact dermatitis, blood-pressure changes, cardiac arrhythmia, central-nervous-system effects, and absorption-related complications. 8.2 You warrant you have no allergy or sensitivity to topical anaesthetics. You will follow the instructions on amount, area, and time of application. You will NOT apply a topical anaesthetic over broken skin or apply more than directed. 8.3 You waive all Claims arising from your own misuse, over-application, or off-label use of topical anaesthetic, whether obtained from the Spa or elsewhere. I agree to all terms above in sections 8.1, 8.2, and 8.3
9. Communicable Disease — Assumption of Risk 9.1 Communicable diseases (including COVID-19, influenza, common cold, RSV, herpes simplex, MRSA, fungal infections, and other airborne, contact, or droplet-borne illnesses) can be transmitted in any indoor setting. YOU EXPRESSLY ASSUME ALL RISK of exposure to and transmission of any communicable disease at the Spa’s premises or during any Service, and waive all Claims against the Releasees arising from such exposure or transmission. 9.2 You will not enter the Spa’s premises if you (a) have any symptom of communicable illness, (b) have tested positive for, or been knowingly exposed to, any communicable disease within the past 10 days, or (c) are under any quarantine or isolation order. The Spa may refuse service for any reason consistent with public-health guidance, without refund. I agree to all terms above in sections 9.1 and 9.2 (a-c)10. Photography, Recording, and Likeness 10.1 NO CLIENT RECORDING. You will not record audio or video, photograph, livestream, or transmit any image or recording of the Spa’s premises, staff, equipment, protocols, settings, or other clients, without prior written consent of the Spa. Unauthorized recording is a material breach. I agree to all terms above in section 10.1
11. Express Assumption of Risk 11.1 YOU EXPRESSLY, KNOWINGLY, AND VOLUNTARILY ASSUME ALL RISKS — KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, ORDINARY OR EXTRAORDINARY — ASSOCIATED WITH THE SERVICES AND THE SPA’S PREMISES, INCLUDING WITHOUT LIMITATION THE RISKS IN SECTIONS 4, 8, AND 9, AND ALL RISKS ARISING FROM YOUR OWN MEDICAL HISTORY, PHYSICAL CONDITION, MISSTATEMENT, OMISSION, OR NONCOMPLIANCE I agree to all terms above in section 11.1
12. Release of Liability and Covenant Not to Sue 12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, ACQUIT, WAIVE, DISCHARGE, AND FOREVER COVENANT NOT TO SUE THE RELEASEES FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, OBLIGATIONS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FIXED OR CONTINGENT, IN LAW OR EQUITY, ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT, OR THE SPA’S PREMISES, INCLUDING CLAIMS BASED ON NEGLIGENCE (INCLUDING THE RELEASEES’ OWN NEGLIGENCE), BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, MISREPRESENTATION, FRAUD IN THE INDUCEMENT (OTHER THAN INTENTIONAL FRAUD), STRICT LIABILITY, PRODUCTS LIABILITY, PROFESSIONAL NEGLIGENCE, FAILURE TO WARN, FAILURE TO SUPERVISE, EMOTIONAL DISTRESS (TO THE EXTENT WAIVABLE), OR ANY OTHER LEGAL OR EQUITABLE THEORY. 12.2 EXCEPTIONS. This Release does not apply to (a) gross negligence, (b) recklessness, (c) willful or intentional misconduct, (d) liability that as a matter of New York public policy or controlling statute cannot be waived in advance, or (e) statutory rights that cannot be waived. Nothing is intended to waive any non-waivable right. 12.3 You acknowledge you have been advised of your right to consult counsel, that you sign freely, and that you understand you are giving up substantial legal rights including the right to recover damages. I agree to all terms above in sections 12.1, 12.2 (a-e), and 12.3
13. Family, Spousal, and Third-Party Claim Release 13.1 YOU EXECUTE THIS AGREEMENT ON BEHALF OF YOURSELF AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SPOUSE, DOMESTIC PARTNER, CIVIL UNION PARTNER, PARENTS, CHILDREN, SIBLINGS, HEIRS, NEXT OF KIN, ESTATE, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, GUARDIANS, AND ASSIGNS. YOU WAIVE, AND AGREE TO INDEMNIFY THE RELEASEES AGAINST, ALL CLAIMS BY OR ON BEHALF OF SUCH PERSONS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LOSS OF CONSORTIUM, LOSS OF SERVICES, LOSS OF SOCIETY, WRONGFUL DEATH (TO THE EXTENT WAIVABLE), BYSTANDER EMOTIONAL DISTRESS, OR DERIVATIVE CLAIMS OF ANY KIND. 13.2 No third party is an intended beneficiary of this Agreement except the Releasees, who are intended thirdparty beneficiaries of every release, waiver, indemnity, and limitation. I agree to all terms above in sections 13.1 and 13.2
14. Indemnification 14.1 You agree to indemnify, defend, and hold harmless the Releasees from and against any and all Claims (including reasonable attorneys’ fees, expert fees, and litigation costs) arising out of or relating to: (a) your breach or alleged breach of any representation, warranty, covenant, or obligation; (b) your failure to disclose any medical condition, medication, tattoo, mole, or other material fact; (c) your non-compliance with pre- or post-treatment instructions; (d) any Claim by your spouse, partner, family member, heir, estate, or successor; (e) your violation of any law; (f) your willful or negligent act or omission; (g) your unauthorized recording; or (h) your misrepresentation of identity, age, or payment authority. I agree to all terms above in section 14.1 (a-h)15. Limitation of Liability 15.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASEES’ TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, THE SERVICES, OR THE SPA’S PREMISES — IN CONTRACT, TORT, STATUTE, OR OTHERWISE — SHALL NOT EXCEED THE LESSER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID THE SPA FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000). 15.2 IN NO EVENT SHALL THE RELEASEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES; LOST PROFITS OR INCOME; LOST OPPORTUNITY; EMOTIONAL DISTRESS (EXCEPT WHERE NON-WAIVABLE); OR LOSS OF GOODWILL OR REPUTATION, REGARDLESS OF LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 15.3 These limitations are essential elements of the bargain, without which the Spa would not provide the Services at the prices offered, and apply notwithstanding the failure of any limited or essential remedy.
I agree to all terms above in sections 15.1, 15.2, and 15.316. Premises Liability and Personal Property 16.1 To the maximum extent permitted by law, you assume all risk of, and release the Releasees from all Claims for, slip-and-fall, trip-and-fall, contact with equipment or furniture, exposure to cleaning agents, allergic reactions to environmental factors, and other injuries occurring on the Spa’s premises. 16.2 PERSONAL PROPERTY. The Spa is NOT a bailee of your personal property. You bring all personal property at your sole risk. The Spa is not liable for lost, stolen, damaged, or misplaced items including clothing, jewelry, electronics, handbags, wallets, keys, identification, or any other property, regardless of how the loss occurs. I agree to all terms above in sections 16.1 and 16.2
17. Cancellation, Rescheduling, Late Arrival, No-Show 17.1 Notice. You must give the Spa at least 24 hours’ advance notice to cancel or reschedule without penalty. 17.2 Late Cancellation/Reschedule Fee. Failure to give 24 hours’ notice results in an automatic charge to the card on file of $50 (single-area) or $100 (full-body / multi-area). If the card cannot be charged, the session is forfeited, or payment will be due upon check-in. 17.3 Late Arrival. Arrive at least 10 minutes early. More than 10 minutes late may result in shortened treatment, rescheduling, or forfeiture at the Spa’s discretion. Treatment time is not extended. 17.4 Insufficient Shave / Non-Compliance Clients are required to fully shave the treatment area(s) to skin level at least 2–3 hours before their scheduled appointment. If the treatment area is not properly shaved upon arrival, the Spa will reschedule the appointment at no additional charge for the first occurrence. Repeated non-compliance may result in a cancellation fee 17.5 No-Show. A no-show will result in a charge of the applicable cancellation fee. 17.6 Authorization to Charge. Once card is charged, you agree not to initiate a chargeback without first contacting the Spa in writing and giving 30 days to resolve. See Section 22. 17.7 Time of the Essence. Time is of the essence for all notices and deadlines. 17.7 Time of the Essence. Time is of the essence for all notices and deadlines. I agree to all terms above in sections 17.1, 17.2, 17.3, 17.4, 17.5, 17.6, and 17.7
18. Spa’s Right to Refuse, Suspend, or Terminate 18.1 The Spa may, in its sole discretion and consistent with applicable anti-discrimination laws, refuse, suspend, or terminate any Service or the relationship for any lawful reason, including: impairment; threatening, abusive, harassing, or disrespectful conduct toward staff or other clients; sexual misconduct or boundary violations; nonpayment; multiple no-shows; chargeback disputes; suspected fraud; violation of this Agreement; non-disclosure of contraindications; or other conduct the Spa reasonably believes is harmful or inappropriate. 18.2 Termination for any reason in 18.1 does not entitle you to any refund. Remaining package balances may, at the Spa’s discretion, be applied as credit or forfeited. 18.3 After termination, you agree not to enter the Spa’s premises. Any unauthorized entry constitutes trespass. I agree to all terms above in sections 18.1, 18.2, and 18.319. Force Majeure 19.1 The Spa is not liable for any failure or delay arising from events beyond its reasonable control, including acts of God, severe weather, fire, flood, earthquake, pandemic, epidemic, public-health emergency, government order, civil unrest, war, terrorism, utility outage, equipment failure, supply-chain disruption, labor shortage, or staff illness or unavailability. Appointments affected by such events will be rescheduled when reasonably practicable. No refund or damages are owed for force-majeure cancellations or delays. I agree to all terms above in section 19.1
20. Packages, Pricing, Refunds, Expiration, Transfer 20.1 ALL SALES ARE FINAL AND NON-REFUNDABLE. Under no circumstances will the Spa refund any payment. Unused package balances may be exchanged for credit toward other Services at the Spa’s then-current single-session rates (not at any prior promotional or package discount). 20.2 Packages DO NOT EXPIRE unless a different term is stated in writing at purchase. (The one- year unlimited promotion is only valid for one year from the start date). Unused sessions on expiration are forfeited without refund or credit. 20.3 Packages are non-transferable except with the Spa’s prior written approval, which may be granted, withheld, or conditioned in the Spa’s sole discretion. 20.4 Taxes and gratuities are not included in any quoted price. Gratuities are customarily 15–20% and are calculated on the regular single-session price (not discounted or package prices). 20.5 Prices, packages, and Services are subject to change without notice. I agree to all terms above in sections 20.1, 20.2, 20.3, 20.4, and 20.5
21. Authorization for Emergency Care 21.1 You authorize the Spa to summon 911, arrange transport to the nearest hospital or urgent-care facility, and disclose your relevant medical information to emergency personnel. You are personally and solely responsible for the cost of emergency care.
I agree to all terms above in section 21.122. Chargebacks and Payment Disputes — Liquidated Damages 22.1 MANDATORY PRE-CHARGEBACK NOTICE. Before initiating any chargeback or payment dispute with your card issuer, you must (a) provide the Spa written notice of the disputed charge, (b) give the Spa 30 days to investigate and respond, and (c) participate in good-faith resolution. Initiating a chargeback without complying with this section is a material breach. 22.2 LIQUIDATED DAMAGES. You acknowledge that wrongful chargebacks impose hard-to-quantify costs on the Spa, including processor fees, staff time, investigation costs, and reputational harm. You agree that for any chargeback that is (a) initiated without complying with 22.1, OR (b) decided in the Spa’s favor by the card network, OR (c) for a charge authorized by this Agreement (including cancellation/no-show fees), you will pay liquidated damages of $500 per chargeback plus the original disputed amount, plus any processor fees, plus reasonable attorneys’ fees to collect. The parties agree this amount is a reasonable estimate of damages and not a penalty. 22.3 You authorize the Spa to charge any card on file for these liquidated damages and to pursue collection. I agree to all terms above in sections 22.1, 22.2 (a-c), and 22.3
23. Truthfulness, Anti-Fraud, and Reliance 23.1 You affirm that all information you have provided to the Spa — including identity, age, medical history, medications, allergies, prior treatments, pregnancy status, and contact information — is true, complete, and accurate. You understand the Spa relies on this information in determining whether and how to treat you. 23.2 Knowingly false or materially incomplete information is fraud. You waive any defense based on your own misrepresentation or non-disclosure. The Releasees’ obligations and liabilities are voided to the extent harm arises from your misrepresentation, while your obligations under this Agreement remain in full force. 23.3 You may not use a pseudonym or false identification. The Spa may request photo identification to verify identity at any time. I agree to all terms above in sections 23.1, 23.2, and 23.3
24. Insurance, Subrogation, and Reimbursement 24.1 Services are elective and cosmetic and are NOT covered by health insurance. You are solely responsible for any reimbursement claim you may attempt to submit to insurance, and the Spa will not provide medical-billing codes, diagnostic codes, or insurance documentation. 24.2 SUBROGATION WAIVER. To the maximum extent permitted by law, you waive, on behalf of yourself and all of your insurers (health, disability, life, auto, homeowner, umbrella, or otherwise), any right of subrogation, contribution, indemnity, or reimbursement against the Releasees arising out of or relating to any Service. You agree to obtain and provide a written waiver of subrogation from any insurer that requests it. I agree to all terms above in sections 24.1 and 24.2
25. Confidentiality and Trade Secrets 25.1 The Spa’s pricing structures, protocols, laser settings, training materials, vendor lists, and similar non-public information are confidential and proprietary. You will not reproduce, disclose, or use them outside of receiving Services. 25.2 You will not solicit Spa employees or contractors to provide competing services privately during the relationship or for 12 months after. I agree to all terms above in sections 25.1 and 25.2
26. Honest Reviews; No False or Defamatory Statements 26.1 THIS SECTION DOES NOT PROHIBIT TRUTHFUL REVIEWS. Consistent with the Consumer Review Fairness Act, 15 U.S.C. § 45b, nothing in this Agreement restricts your right to share your honest opinion, evaluation, or experience of the Spa or its Services in any forum. 26.2 You agree, however, that you will not (a) publish statements about the Spa or its staff that you know to be false, (b) publish private medical or personal information of staff or other clients, (c) impersonate another reviewer, (d) post the same review repeatedly to inflate harm, or (e) make threats. The Spa reserves all rights to pursue defamation, false-light, harassment, and related claims for statements that are false and defamatory. I agree to all terms above in sections 26.1 and 26.2 (a-e)
27. Dispute Resolution — Notice and Cure, Mediation, Binding Arbitration THIS SECTION SUBSTANTIALLY AFFECTS YOUR LEGAL RIGHTS. READ CAREFULLY. 27.1 Mandatory Notice and Cure. Before initiating any mediation, arbitration, or court action, the party with the dispute must send the other party written notice with reasonable detail of the dispute and the relief sought. The receiving party has 30 days from receipt to investigate and respond, including by offering settlement. No claim may be filed during this period. 27.2 Settlement-Offer Protection. If the Spa offers monetary or in-kind relief during the notice-and-cure period that equals or exceeds the amount ultimately awarded (excluding attorneys’ fees), the Spa shall be deemed the prevailing party and entitled to its attorneys’ fees and costs incurred after the offer was rejected. 27.3 Pre-Arbitration Mediation. If unresolved after notice and cure, the parties will engage in good-faith mediation for at least 60 days with a single mediator mutually selected or, failing agreement, appointed by AAA, in New York County, New York. Mediator fees shared equally; each party bears its own counsel fees in mediation. 27.4 BINDING INDIVIDUAL ARBITRATION. EXCEPT AS PROVIDED IN 27.8, ANY AND ALL CLAIMS BETWEEN YOU AND THE SPA (OR ANY RELEASEE) — INCLUDING ANY DISPUTE OVER THE FORMATION, VALIDITY, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT OR THIS ARBITRATION PROVISION (DELEGATION CLAUSE) — SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT, BEFORE A SINGLE NEUTRAL ARBITRATOR, IN NEW YORK COUNTY, NEW YORK. YOU AND THE SPA GIVE UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO A JURY TRIAL. 27.5 CLASS, COLLECTIVE, MASS, AND REPRESENTATIVE WAIVER. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS, MASS, OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ARBITRATION PROVISIONS OF THIS SECTION 27 ARE NULL AND VOID, BUT THE REMAINDER OF THIS AGREEMENT, INCLUDING THE JURY-TRIAL WAIVER AND THE VENUE CLAUSE, CONTINUES IN FULL FORCE. 27.6 JURY-TRIAL WAIVER. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR THE PARTIES’ RELATIONSHIP. 27.7 Federal Arbitration Act. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration provision. The arbitrator’s award is final and binding and may be entered as a judgment in any court of competent jurisdiction. 27.8 Carve-Outs. Either party may (a) bring an individual action in small-claims court within that court’s jurisdictional limit; (b) seek temporary or preliminary injunctive or equitable relief in court pending arbitration; (c) bring an action to compel arbitration or to enforce an arbitration award. 27.9 Prevailing-Party Fee Shifting. In any arbitration or court proceeding between the parties, the prevailing party is entitled to recover its reasonable attorneys’ fees, expert fees, and costs from the non-prevailing party, except as the AAA Consumer Rules may otherwise require regarding consumer protections. This is in addition to any other recovery. 27.10 Arbitration Fees. The AAA Consumer fee schedule applies; the Spa pays filing, administrative, and arbitrator fees to the extent required by AAA Consumer Rules. 27.11 Confidentiality. The arbitration, submissions, and award are confidential, except as required to enforce the award or by law. 27.12 Mass Arbitration. If 25 or more similar arbitration demands are filed by or with the assistance of the same law firm or coordinated group within a 60-day period (“Mass Filings”), the parties shall use AAA’s Mass Arbitration Supplementary Rules, including staged filings and bellwether procedures. The Spa’s fee obligations for Mass Filings shall be limited to those required by AAA’s Mass Arbitration rules. I agree to all terms above in sections 27.1, 27.2, 27.3, 27.4, 27.5, 27.6, 27.7, 27.8 (a-c), 27.9, 27.10, 27.11, and 27.12
28. Shortened Limitations Period 28.1 ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES, THIS AGREEMENT, OR THE PARTIES’ RELATIONSHIP MUST BE COMMENCED (BY WRITTEN NOTICE OF DISPUTE UNDER SECTION 27.1) WITHIN ONE (1) YEAR AFTER THE DATE OF THE EVENT, ACT, OR OMISSION GIVING RISE TO THE CLAIM, OR IT IS PERMANENTLY BARRED AND WAIVED. THE PARTIES EXPRESSLY AND CONTRACTUALLY SHORTEN ANY LONGER STATUTORY LIMITATIONS PERIOD TO THE FULLEST EXTENT PERMITTED BY NEW YORK LAW, INCLUDING N.Y. C.P.L.R. § 201. I agree to all terms above in section 28.1
29. Governing Law, Venue, and Service of Process 29.1 This Agreement is governed by New York law, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 27. 29.2 Subject to Section 27, exclusive venue for any judicial proceeding lies in the state and federal courts located in New York County, New York. You consent to personal jurisdiction there and waive any objection based on improper venue, lack of personal jurisdiction, or forum non conveniens. 29.3 Service of process may be made by certified mail, return receipt requested, to your last contact information on file, with the same effect as personal service. I agree to all terms above in sections 29.1, 29.2, and 29.3
30. Miscellaneous Provisions 30.1 Severability and Reformation. If any provision is held invalid or unenforceable, it shall be reformed to the minimum extent necessary to be enforceable, and the remaining provisions continue in full force. The Class Waiver is governed by 27.5. 30.2 Entire Agreement. This Agreement is the entire understanding between the parties concerning the Services and supersedes all prior oral or written communications, advertisements, representations, or proposals. NO ORAL STATEMENT BY ANY OWNER, EMPLOYEE, CONTRACTOR, OR AGENT OF THE SPA MODIFIES OR SUPPLEMENTS THIS AGREEMENT. 30.3 No Oral Modification. Modifications only by writing signed by an authorized representative of the Spa. Course of dealing, course of performance, and trade usage do not modify this Agreement. 30.4 No Waiver. No failure or delay to enforce any provision is a waiver. Any waiver must be in writing signed by the Spa and applies only to that instance. 30.5 Cumulative Remedies. All rights and remedies are cumulative and in addition to any other right or remedy at law or equity. 30.6 Assignment. You may not assign this Agreement or any rights or duties under it. You may not sell, transfer, or assign any Claim against the Spa to a third party (no Claim factoring or assignment to litigation funders). The Spa may freely assign this Agreement to any successor, affiliate, or purchaser of its business or assets. 30.7 Survival. Sections 4, 5, 8–16, 22–30, and any other provision that by its nature should survive, survive termination, expiration, or completion of any Service. 30.8 Communications and Consent. You consent to receive communications by mail, email, text/SMS, and phone at the contact information you provide, including appointment reminders, treatment information, promotional offers (unless opted out), and service notices. Message and data rates may apply. 30.9 Privacy. The Spa collects and uses your information for treatment, scheduling, billing, marketing (subject to opt-out), legal compliance, and defense of claims, as described in its Privacy Notice. 30.10 Notices. Notices to the Spa shall be in writing by certified mail or hand delivery to the Spa’s business address. Notices to you may be sent to your last contact information on file (any method). 30.11 Electronic Signature & Records. You consent to electronic signatures and electronic records. An electronic signature has the same legal effect as a handwritten signature. Paper copy available on request. 30.12 Counterparts. This Agreement may be signed in counterparts, including electronically, each of which is an original. 30.13 Construction. Headings are for convenience only. “Including” and “includes” mean “including without limitation.” Ambiguities will not be construed against the drafter. This Agreement is the product of arm’s-length negotiation. 30.14 Independent Legal Review. The Spa has advised you of your right to consult independent counsel of your choosing before signing, and you have had reasonable opportunity to do so. I agree to all terms above in sections 30.1, 30.2, 30.3, 30.4, 30.5, 30.6, 30.7, 30.8, 30.9, 30.10, 30.11, 30.12, 30.13, and 30.14
31. Per-Visit Re-Acknowledgment 31.1 This Agreement applies to every Service provided to you, present and future, until you sign a written replacement. Before each treatment, you will sign or initial a brief per-visit acknowledgment confirming (a) no change in medical history or medications (or describing the change), (b) compliance with pre-treatment instructions, (c) no current pregnancy, (d) understanding that this Agreement remains fully in force. 31.2 If the Spa updates this Agreement, the updated version applies prospectively to all Services after the date of the update; you will sign the updated version on next visit.
32. Final Attestation 32.1 By signing below, you certify and affirm: (a) You have READ the entire Agreement, including all CAPITALIZED and BOLDED provisions, and understand them; (b) You UNDERSTAND that you are giving up substantial legal rights, including the right to a jury trial, the right to sue in court, the right to participate in any class or representative action, the right to recover most damages, and certain rights of your spouse, partner, family, and heirs; (c) All representations, warranties, and disclosures are TRUE, COMPLETE, and ACCURATE in all material respects; (d) You have had reasonable opportunity to ask questions and consult independent legal counsel, and all questions have been answered to your satisfaction; (e) You are signing VOLUNTARILY, free of duress, coercion, undue influence, or impairment; (f) You are not under the influence of alcohol, drugs, or medication impairing judgment; (g) You agree to be bound by every provision of this Agreement. I agree to all terms above in section 32.1 (a-g)
Electronic Signature Consent. I consent to the use of my electronic signature in lieu of an original signature on paper. I may request a paper copy at no cost. |
