Membership Terms & Conditions

NOTICE TO MEMBER: DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY.
ALSO, DO NOT SIGN THIS AGREEMENT IF IT CONTAINS ANY BLANK SPACES. YOU MAY TERMINATE
THIS AGREEMENT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE
EXECUTION OF THIS AGREEMENT (EXCLUSIVE OF HOLIDAYS AND WEEKENDS) BY MAILING A
CERTIFIED LETTER OR PERSONALLY DELIVERING WRITTEN NOTICE TO THE SPA AT THE ADDRESS AT
THE TOP OF THIS AGREEMENT. THE SPA MAY RETAIN AN AMOUNT EQUAL TO SERVICES RENDERED AT
COUTURE’S STANDARD RATE FOR SAID SERVICES NOT TO EXCEED THE AMOUNT PAID BY MEMBER. A
REFUND OF ANY AMOUNTS DUE AND OWING TO THE MEMBER UNDER THIS PROVISION SHALL BE
ISSUED WITHIN THIRTY (30) DAYS AFTER RECEIPT OF NOTICE OF CANCELLATION PROVIDED
PURSUANT TO THIS PROVISION.

READ AND UNDERSTAND THIS AGREEMENT BEFORE SIGNING.

1. Parties

   CMS (CMS) and you agree that by signing this agreement, you purchased a membership or services and agree to all the terms in this agreement. The terms “you” and “CMS” include heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees. Both parties make this agreement on behalf of, and it binds all these included persons and entities. It is your responsibility to notify CMS of any change in your address, phone number or name change.

2. Representations

   1. A) Physical Condition & No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your from receiving med spa services. As such, you acknowledge that CMS did not give you medical clearance relating to your ability to obtain said services. If you have any health or medical concerns now or after you join, discuss them with your primary care physician prior to receiving services.
   2. B) Liability for Property: CMS is not liable to you or your guest for any personal property that is damaged, lost, or stolen while on or around CMS premises including, but not limited to, a vehicle or its contents or any property left in or around CMS facilities. If you or your guest cause any damage to CMS’s facilities, you are liable to CMS for its cost of repair or replacement.
   3. C) Entire Agreement & Enforcement: You acknowledge that neither CMS, nor anyone else, made any representations or promises upon which you relied that are not stated in this agreement. This document contains the entire agreement between you and CMS and replaces any oral or other written agreement. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If CMS does not enforce any right in this agreement for any reason, CMS does not waive its right to enforce it later.

3. Membership

   1. A) General: Your membership permits you to receive discounted pricing for services performed at CMS. Your membership is subject to all current company policies, rules and limitation. Your membership gives you no rights in CMS, its management, property or operation. CMS may assign, transfer or cancel your membership in its sole discretion. CMS can sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, benefits or facilities is valid only at the home Spa, unless otherwise noted.
   2. B) Transfer of Location: If you are a monthly member you can transfer your membership from your home CMS to another Spa as long as you are current on your monthly dues. Prepaid memberships are not transferable. A transfer fee may apply.

4. Rules and Regulations

   You agree to follow CMS membership policies and spa rules. CMS may, in its sole discretion, modify the policies and any spa rule without notice at any time. Spa rules vary by location and all signs posted in a spa or on the premises or verbal communication shall be considered a part of the rules of CMS. CMS reserves the right to refund the pro-rated cost of unused services and terminate your membership immediately for violation of any membership policy or spa rule.

5. Facility and Services

   CMS reserves the right at any time to delete, discontinue, modify or replace any services without any effect on this agreement. CMS also reserves the right to make changes to quantity services offered and to alter the hours of operation in CMS’s discretion. You acknowledge that the services in the facilities are available subject to demand and are offered on a “first come first serve basis”. CMS regularly closes on a temporary basis its facilities (or portions of its facilities) for maintenance, selected holidays, etc. and such temporary closures will have no effect on this agreement so long as such temporary closures are reasonable. If your home Spa is permanently closed, moved or sold, CMS reserves the right to assign and transfer your membership to another Spa within 15 miles of your home Spa in accordance with the buyer’s rights under state law.

6. Dues, Fees, Charges & Taxes

   1. A) Payment Authorization: You have full control over the payment authorization and can stop it anytime by notifying CMS as set forth on the front page of this agreement or by notifying your bank, or credit card Company to stop. You are responsible for notifying your bank of any error that appears on your bank or credit card statement in a timely manner. You must notify CMS within 60 days of a claimed error on your bank statement or credit card statement. If you claim your monthly dues were not stopped when you told CMS, you must have written proof or CMS will not reimburse you for any deductions which you claim should not have been deducted.
   2. B) Charges & Taxes: CMS has the right to add to your prepaid dues or to your monthly dues any tax imposed by the government. Couture Med Spa also has the right to add any utility charges or surcharges to your prepaid dues and monthly dues.

7. Cancellation Rights (Buyer’s Rights)

   As a buyer, you have the following rights CMS will: The Spa and the undersigned Member agree as of this date to this Agreement as described in the comprehensive list of programs. As a buyer of this membership plan, the Member I. The Spa will: a) Refund the Member the pro-rated cost of any unused services, within 15 days after request thereof: if 1) The Member is are unable to receive benefits from the Spa’s services by reason of death or disability sufficient to warrant cancellation of the Agreement by Member. The Spa may require that the disability be confirmed by an examination of a physician licensed under Chapter 458, 459, 460 or 461, F.S. provided the diagnosis or treatment is within the physician’s scope of practice; or 2) The Spa is relocated more than fifteen (15) driving miles from its present location, or the services provided by the Spa are materially impaired, unless the Spa provides a facility of equal quality located within fifteen(15) driving miles of the business location designated in this Agreement at no additional cost to the Member. b) Refund the Member the pro-rated cost of any unused services within 15 days after the Spa ceases operation or goes out of business. The business location of the Spa shall not be deemed to have ceased operations or gone out of business when temporarily closed for up to fourteen (14) days for repair, renovation or during ownership change of the premises. Memberships can be frozen for medical reasons only. If rates will be increased due to Spa population or usage, such increase will happen in the month of January after the Member’s rate guarantee expires. Cancellations are to be made in person or by written notice mailed to the Spa, or by certified mail. Upon the occurrence of any of the circumstances enumerated in subparagraphs of this section, the Member or his or her estate shall be relieved of any further obligation for payment under the Agreement as long as account is paid up to date and in good standing. The Member hereby acknowledges and agrees that he or she has read the attached comprehensive list of all membership plans offered for sale by the Spa, and the respective price of each plan. The Member realizes that all of the foregoing written material will be honored by the Spa and understands the Member’s rights of not signing if there are any unfilled blanks, and rights of cancellation and refund policies as listed in the Agreement. The Member further agrees to obey the rules of the Spa as modified or amended in the sole discretion of the Spa. The Spa hereby reserves the right to refund the pro-rated cost of any unused services and remove the Member from the Spa at any time that the Member’s actions violate the rules of the Spa, which are attached hereto or as may be amended or modified in the Spa’s sole and absolute discretion. Changes to such rules will be posted within the Spa and/or communicated by appropriate means. Member acknowledges and accepts the risk inherent in the use of Spa services and facilities. By using the Spa facilities and services, the Member hereby assumes the risk of injury, accident, death, disability, loss, cost or damage in his or her person or property which may arise from the use of the Spa’s services or facilities. In consideration of the above mentioned parties’ participation in the activities of the Spa and/or use of the facilities of the Spa, the Member hereby, for the Member and each of the Member’s associates and the Member’s respective heirs, assigns, and legal representatives, release and forever discharge the Spa and all its affiliated organizations, officers, agents, and employees, acting officially or otherwise, from any and all claims, demands, actions, or causes of action on account of the Member’s death or on account of any injury to the Member, which may occur from any cause during such participation and/or use of the facilities of the Spa. All such participation and/or use is undertaken at the Member’s own risk and the risk of associates of the Member. This Agreement does not cover claims, demands, actions, or causes of action arising from the willful or wanton negligence of the Spa or its officers, agents, or employees. The Member hereby acknowledges that he or she has read and understands and voluntarily enters into this Agreement, including the release and assumption of risk herein, and has received a copy of this Agreement either verbally and/or written. This constitutes the entire Agreement between the Spa and the Member. Further, the Member hereby acknowledges receipt of a copy of the Rules of the Spa at the time of the Member’s execution of this Agreement.

8. Limitation of liability

   Unless controlling legal authority requires otherwise, any award by the arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages; even if one party told the other party that they might suffer these damages.