NBLaser, LLC DBA Vana Laser Club (hereinafter “Vana”) and you agree that by signing this agreement, you are purchasing a membership for services and agree to all the terms in this agreement. The terms “you” and “Vana” 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 Vana of any change in your address or phone number.
a) Physical Condition & No Medical Advice.
You represent that you are in good physical condition, have read and understood the medical restrictions of each service and have no medical reason or impairment that might prevent you from receiving any of the services offered by Vana. You acknowledge that Vana did not give you medical advice or clearance relating to your ability to obtain any of the services offered by Vana. If you have any health or medical concerns now or after you join, you agree to discuss them with your primary care physician prior to receiving services.
b) Assumption of the Risks and Release of Liability.
You recognize that there are certain inherent risks associated with the services and treatments you seek at Vana and as such you assume full responsibility for personal injury to yourself, and further release and discharge Vana for injury, loss, or damage arising out of your use of or presence upon the facilities of Vana, whether caused by the fault of yourself, Vana and its representatives, or other third parties.
c) Liability for Property.
Vana is not liable to you or your guest(s) for any personal property that is damaged, lost, or stolen while on or around Vana premises including, but not limited to, a vehicle or its contents or any property left in a locker or other waiting area. If you or your guest cause any damage to Vana ’s facilities, you are liable to Vana for its cost of repair and/or replacement.
d) Entire Agreement & Enforcement.
You acknowledge that neither Vana 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 Vana 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 Vana does not enforce any right in this agreement for any reason, Vana does not waive its right to enforce it later.
Your membership permits you to receive services performed at Vana Club, subject to all of Vana ’s policies, rules, and limitations. Your dues entitle you to, up to one service per day, of the services available each month at a Vana Club, subject to Vana’s policies, rules, limitations and/or any medical restrictions and/or limitation, regardless of the extent to which you opt to utilize the services. Your membership gives you no rights in Vana, its management, property or operation. Vana may assign, transfer, or cancel your membership in its sole discretion. You have no right to assign your
membership or this agreement. Vana can sell memberships at different rates and terms than yours.
b) Transfer of Locations.
As a monthly member, if there is a club with a more convenient location, Vana will allow a one-time transfer of your membership from your home club to another club provided you are current on your monthly dues. Prepaid memberships are not transferable. Members have the option to upgrade their membership to allow the use of any and all Vana clubs.
c) Membership payments cannot be deferred.
Treatments do not extend beyond the membership term. Vana does not guarantee a specific number of treatments during the term of the membership.
a. Cancellation: Upon inception, your membership cannot be canceled, refunded, or transferred until the expiration of the month of membership; regardless of side effects, treatment results, or changes in personal circumstances, excluding death or disability as explained in paragraph 7. Month-to-month memberships can be terminated in person or with written notice 5 days prior to payment due date. For your protection and safety, cancellation must be done in person or via certified mail.
b. No Shows: Your appointment times are reserved especially for you and you understand that Vana requires notification by 5 pm the day prior to your appointment in order to cancel or reschedule. You understand that you will incur a $20.00 automatic cancellation or No-Show fee if you fail to keep your appointment and fail to give the proper cancellation notice. This fee will be
automatically charged to the account associated with your membership.
c. Late Payments & Default: Payment is deemed late including but not limited to any dishonored debit and/or declined credit card charges. A late payment fee of $25.00 will be added to any payment that is more than 48 hours late. You will not be eligible for membership benefits or further laser hair removal treatments until your account is brought current, including the payment of any outstanding fees or collection costs. You understand you have 15 days to resolve any outstanding balance or your membership will be terminated. Default interest at an APR of 18%, or the maximum allowable by law, shall accrue on any outstanding balance until paid in full. In addition, you understand and agree that you will be responsible for all other fees, expenses, and costs of collection associated with your failure to make any payment under this Agreement, including, but not limited to, returned check fees, reasonable attorney fees, court costs, and other related costs and expenses.
d. Payment Processing: You understand that your membership is enrolled in monthly autopay for which Capital Bankcard will handle all payment processing. You hereby authorize Capital Bankcard to monthly charge your designated credit card for the purpose of paying said dues, subject to and including any late fees or service fees from the account listed above. You understand and agree that it is your sole responsibility to maintain an active credit card with available credit sufficient for your monthly payment on file with Vana each month.
d) Membership Freeze.
Your membership can be frozen for verified medical reasons only at the time of pregnancy, illness, injury or medical condition. Your freeze will be limited to the time indicated as necessary by your physician, up to a maximum of three (3) months. Your monthly dues will be automatically reinstated at the end of your freeze and billed to the account on file with Vana unless you cancel your membership or obtain written approval by Vana for a longer freeze time. Please note that you will still be billed for your Annual Membership Fee when it is due, even if your account is frozen.
It is the policy of Vana not to discriminate against any person on the basis of race, national origin, ancestry, color, creed, religion, sex, sexual orientation, age or disability.
f) Changes to the membership agreement.
Vana may, from time to time, make changes to this agreement, other than to your guaranteed Monthly Membership Fee. Such revisions will be effective on the first of the following membership month. Vana will provide the member with reasonable and timely notice of such revisions. Your continued use of Vana facilities and/or services shall constitute acceptance of these changes.
h) Dispute Resolution.
In the unlikely event that you and Vana are unable to resolve a dispute arising out this agreement or the services provided by Vana, you and Vana each agree to resolve such disputes through binding arbitration in Miami Dade County Florida. For simplicity and fairness, arbitration will be conducted on an individual basis in accordance with the American Arbitration Association’s rules for consumer arbitration. By signing this agreement, you acknowledge and agree that you and Vana are each waiving the right to a trial by jury and the right to participate in a class action, either in court or in arbitration.
4. Rules and Regulations.
You agree to follow Vana ’s membership policies and rules. Vana may, in its sole discretion, modify the policies and rules without notice at any time. It is your responsibility to stay informed of the applicable membership policies and rules. Laser rules vary by location. All signs posted in a facility or on the premises shall be considered a part of the membership policies and rules. Vana reserves the right to terminate your membership immediately for violation of any membership policies and/or rules.
5. Facility and Services.
Vana reserves the right at any time to delete, discontinue, modify or replace any service without any effect on this agreement. Vana also reserves the right to make changes to quantity services offered and to alter the hours of operation in Vana ’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.” Vana 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.
b) Laser Hair Removal.
Laser hair removal treatments may be spaced between 4-12 weeks apart on each treatment site, based on applicable clinical standards to be determined exclusively by Vana. By agreeing to these Terms & Conditions, you verify that you agree that:
(a) you have consulted with a Vana representative and you have had the opportunity to discuss your questions;
(b) you understand that results are not guaranteed and most clients can experience hair reduction of up to 80% with a completed series of laser hair removal treatments, but that individual results cannot be predicted and the effectiveness of your treatments may be greatly diminished by a number of factors beyond Vana ’s control, including but not limited to, UV light exposure prior to or after treatment, pregnancy, natural hormonal changes, medications you are now taking or may take in the future, and your diligence in completing the recommended treatment schedule;
(c) you understand what to expect from your treatments including the possibility that you may not achieve the desired results or that you may experience side effects including, but not limited to, hyperpigmentation (darkening of the skin), hypopigmentation (lightening of the skin), minor burns, temporary redness, follicular edema (pink/red “puffiness” and small bumps like “goosebumps”), and swelling and itching; (d) you understand that your membership cannot be refunded because you experience side effects or the lack of desired results.
c) Skin Rejuvenation.
Skin Rejuvenation treatments may be spaced between 4-6 weeks apart for each treatment site, based on clinical standards determined exclusively by Vana. By agreeing to these Terms & Conditions, you verify that you agree that:
(a) you have consulted with a Vana representative and you have had the opportunity to discuss your questions;
(b) you understand that results are not guaranteed and that individual results cannot be predicted and the effectiveness of your treatments may be greatly diminished by a number of factors beyond Vana’s control, including but not limited to, UV light exposure prior to or after treatment, pregnancy, natural hormonal changes, medications you are now taking or may take in the future, and your diligence in completing the recommended treatment schedule;
(c) you understand what to expect from your treatments including the possibility that you may not achieve the desired results or that you may experience side effects including, but not limited to, hyperpigmentation (darkening of the skin), hypopigmentation (lightening of the skin), minor burns, temporary redness, edema (pink/red “puffiness” and small bumps like “goosebumps”), and swelling and itching; and
(d) you understand that your membership cannot be refunded because you experience side effects or the lack of desired results.
6. Dues, Fees, Charges & Taxes
a) Payment Authorization.
You have full control over the payment authorization and can stop it anytime by notifying Vana at least 5 days prior to payment due date as set forth on the front page of this agreement. 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 Vana within 30 days of a claimed error on your bank statement or credit card statement.
b) Charges & Taxes.
Vana has the right to add to your prepaid dues or to your monthly dues any tax imposed by the government. Vana 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 of this membership plan, Vana will:
a) Refund you the pro-rated cost of any unused membership, within 15 days after request thereof: if
1) You are unable to receive benefits from Vana’s services by reason of death or
2) Vana is relocated more than fifteen (15) driving miles from its present location, or the services provided by Vana are materially impaired, unless Vana 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 you.
b) Refund you the pro-rated cost of any unused services within 15 days after Vana ceases operation or goes out of business. The business location of Vana 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. If rates will be increased due to Vana population or usage, such increase will not affect your agreed upon rate as long as your annual fees have been kept current. Cancellations are to be made in person or by written notice mailed to Vana, or by certified mail as stated above in paragraph
3(c). Upon the occurrence of any of the circumstances enumerated in subparagraphs of this section, you or his or her estate shall be relieved of any further obligation for payment under the Agreement not then due and owing. You hereby acknowledge and agree that you have read the attached comprehensive list of all plans offered for sale by Vana, and the respective price of each plan. You realize that all of the foregoing written material will be honored by Vana and understand your rights of not signing if there are any unfilled blanks, and rights of cancellation and refund policies as listed in the Agreement. You further agree to obey the rules of Vana as modified or amended in the sole discretion of Vana. Vana hereby reserves the right remove you from Vana at any time that your actions violate the rules of Vana, as may be amended or modified in Vana’s sole and absolute discretion. Changes to such rules will be posted within Vana and/or communicated by appropriate means.
You acknowledge and accept the risk inherent in the use of laser services and facilities. By using Vana’s facilities and services, you hereby assume 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 Vana’s services or facilities. In consideration of the above-mentioned parties’ participation in the activities of Vana and/or use of the facilities of Vana, you hereby, for you and each of your associates and your respective heirs, assigns, and legal representatives, release and forever discharge Vana 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 your death or on account of any injury to you, which may occur from any cause during such participation and/or use of the facilities and/or services of Vana. All such participation and/or use is undertaken at your own risk and the risk of associates of the You.
This Agreement does not cover claims, demands, actions, or causes of action arising from the willful or wanton negligence of Vana or its officers, agents, or employees. You hereby acknowledge that you have read and understood and voluntarily enter into this Agreement, including the release and assumption of risk herein, and have received a copy of this Agreement and the attachments hereto. This constitutes the entire Agreement between Vana and you. Further, you hereby acknowledge receipt of a copy of the Rules of the facility at the time of
your execution of this Agreement.
8. Account Information Notification.
Vana may contact you via telephone, email, text message or other means from time to time for the purpose of notifying you of issues related to your membership or billing or for automatic payment processing issues. By providing us with our contact information and signing this agreement, you give your prior express written consent to receive membership and billing related communication from us or our authorized delegate to the extent permitted by applicable law, including without limitation the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act.
9. 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 disclosed to the other party that they might suffer these damages.
© 2017 by NBLaser, LLC