IT’S A SECRET MEDSPA, LLC
VIP MEMBERSHIP AGREEMENT
I, , (“Member”) hereby declare that I am at least twenty-one (21) years of age and agree to abide by the terms and conditions of the VIP Membership Agreement (“Agreement”) with It’s A Secret Medspa, LLC, inclusive of all affiliates, (collectively, the “Company”) during the terms of my Membership with the Company. This Agreement is Effective as of the date of signing below.
I choose to enroll in the following VIP Membership Option:
Benefits during term of membership:
- 15% off all Injectable services**
- 20% off all Laser services**
- 25% off all Retail purchases**
- Weekly B12 shot
Benefits during term of membership:
- 10% off all Injectable services**
- 15% off all Laser services**
- 20% off all Retail purchases**
- Weekly B12 Shot
Choose one free service per month from the following options:
(2) Skin Tightening
(4) IPL (Photofacial)
Choose one free service per month from the following options:
(2) Chemical Peel
(3) IV Drip
*A 10% discount off of the total monthly fee will be granted to any Member that pays for an entire year of Membership fees at the time of signing this Agreement.
**Discounts will be provided on regular price of services and retail products only.
Membership does not include: discounts for any party other than Member; access to facilities after hours; special appointment setting or scheduling; guarantees of appointment times and/or dates; guarantee that particular clinicians will be available to administer services; guarantee of specific results from any treatments; or any warranties for services.
Membership may not be transferred to any other person or entity at any time for any reason. The benefits of Membership will inure to the Member only during the active term of Membership. Company has the right to change any term of this Agreement at any time for any reason at its discretion, including services and discounts offered. Notice of change of terms will be provided to each Member within sixty (60) days of any changes made. Membership will continue in full force and effect regardless of any changes to the terms of this Agreement. Company reserves the right to change, add, or remove services and/or products available at its facilities and does not guarantee any particular service, treatment, or product will be available to Members or other clients.
Payment for Membership is due immediately for the first month. Membership dues will be automatically charged to the account provided monthly on a continuing basis for the term of this Agreement, unless the full year of Membership is paid in full at the time of signing this Agreement. If the full year of Membership is paid in advance (at the time of signing), then the annual Membership fee will be charged to the payment method on file upon renewal of the next term of the Agreement. I, Member, hereby authorize my bank, financial institution, or credit card lender to allow payments to be drawn from my provided account by the Company, as evidenced by my signature below. All payments due hereunder will be collected by Electronic Funds Transfer (“EFT”) and charged to the valid debit or credit card provided on this Agreement by Member, which will be kept on file with the Company. Member is responsible for ensuring that the provided debit or credit card on file remains active and maintains the proper funds/open balance to cover the costs of the monthly Membership fees and for providing an updated payment method if the existing payment method is rendered unable to cover Membership fees for any reason. Failure to maintain a valid method of payment with the Company will constitute a default of this Agreement.
If EFT payment is declined or not honored for any monthly Membership charge, then the Company reserves the right to accelerate the unpaid Membership dues and demand payment in full for all pending monthly charges remaining in the Agreement term. A minimum charge of either $20.00, or if a lesser amount is required by state law, the maximum allowed by state law, will be added for all failed payments; this charge is subject to change at Company’s discretion.
Terms of Membership; Cancellation
The term of this Agreement is twelve (12) consecutive month periods from the date of signing below. Member may cancel this Agreement by providing written notice of cancellation to the Company within thirty (30) days of the expiration date of the current Agreement term. If notice is not provided, then the Agreement will renew automatically for an additional twelve (12) consecutive months annually until proper notice of cancellation is provided. The subsequent term will be charged in the amount of the then current monthly Membership rate for the selected VIP Membership Option above. If the annual fee is paid in advance (at the time of signing) for the initial term, then the current annual fee for the selected VIP Membership Option above will be charged in full once the new term begins. The Company reserves the right to cancel any Membership at any time for any reason and will renew Memberships at its discretion. If Member decides to cancel the Agreement on or before midnight (12:00AM CST) of the third business day after the signing date below (the “cooling off period”), then Member should provide written notice of cancellation to the Company to receive a full refund of the first monthly Membership payment and this Agreement will be cancelled with the Company. Any discounts for services that were rendered under this Agreement may be retained by the Company from the Membership fee to be refunded if discounted services were provided within the three (3) business day “cooling off” period.
Company may cancel any Membership at any time for any reason without providing any refund for paid Membership fees. If Member commits any of the following violations, it will be grounds for automatic termination of this Agreement: (1) Member provides false or misleading health history, health status, or other personal information; (2) the Member provides invalid or improper payment details in any respect; (3) the Member fails to provide updated payment information after one (1) EFT automatic payment failure within thirty (30) days of failed payment; or (4) the Member violates any other portion or requirement of the terms and conditions of this Agreement or violates any other policy of the Company.
Member will no longer be obligated for future Membership fees and this Agreement will cancel upon the occurrence of the following: (1) Member no longer resides within thirty (30) miles of a Company facility; (2) Member becomes physically incapable of (according to a physician’s written medical opinion that can be provided to the Company) traveling to a Company facility or receiving cosmetic medical treatments; or (3) the Company facility closest to the residence of the Member permanently closes for business and no other Company facility is located within thirty (30) miles of the Member’s residence.
Waiver; Liability Release
The Company is not responsible nor liable for any injury or loss of property that occurs during administration of treatments or at any time the Member is on Company premises, whether resulting from negligence of the Company or its agents, employees, independent contractors, representatives, other Members or clients, other third-party affiliates, or any other person or entity.
In consideration of this Membership and access to the discounts and services provided in association with the Membership, the Member hereby WAIVES, COVENANTS NOT TO SUE AND RELEASES ANY AND ALL CLAIMS which may be brought by the Member or the Member’s family, estate, heirs and/or assigns, against the Company, its owners, employees, representatives, independent contractors and agents from any and all present or future claims of loss, theft, injury or damages of any kind to Member’s person or property, personal injuries or death, which do or may exist, now or in the future, whether currently known or unknown, including but not limited to those which arise as a result of the Membership or this Agreement, treatments administered by the Company, products Member purchases from the Company, or anything incidental to the Membership or Agreement, use of Company facilities or spaces, receiving treatments, participation in any on- or off-site Company-related activities, or any other activities incidental thereto, for any reason whatsoever, wherever, whenever, or however the same may occur regardless of whether the claim arose by way of Member’s negligence, the negligence of any person associated with the Company, including the owner(s), employees, representatives, independent contractors and agents or on Company premises. Member further agrees to indemnify and hold harmless the Company and all associated parties, including its owner(s), employees, independent contractors, representatives and agents for any and all of the above referenced claims wherever, whenever, or however the same may occur, and regardless of whether the claim arose from Member’s, Company’s, or other associated party’s negligence, including anyone on the Company premises for any reason.
Member understands and agrees that this Waiver and Release of Liability is meant to be interpreted broadly and include any and all potential past, present, and/or future claims as permitted by the state of Texas.
Representations and Warranties
By signing this Agreement, Member confirms that he/she is at least twenty-one (21) years of age, has received a complete copy of this Agreement, agrees to all terms and conditions contained in the Agreement, and acknowledges the Company has not provided any express or implied warranty or representation other than those contained in this Agreement. Member also confirms that he/she is in good physical condition and is physically capable of receiving cosmetic medical services from the Company. Member acknowledges that the Company does not and will not provide any medical advice or diagnosis and only performs cosmetic medical procedures.
Governing Law; Severability; Venue
This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas, (including its statutes of limitations), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. Any action by either party relating to this agreement must be brought in Dallas County, Texas. If any term, covenant, or condition of this Agreement is found to be invalid and/or unenforceable, the remainder of the Agreement will be valid and enforceable to the fullest extent of the law of the state of Texas.
By signing below, I assert that I am of sound mind, understand all provisions herein, and will abide by the terms and conditions of this Agreement.