Membership Terms and Conditions
NBLaser, LLC DBA Vana Laser Club (herein after “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.
- Physical Condition & No Medical Advice. You represent that you are in good physical condition, have read and understand 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.
- 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.
- 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.
- Entire Agreement & Enforcement. You acknowledge that neither Vana, nor anyone else, made any representations nor 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.
- General. Your membership permits you to receive services performed at Vana Laser Club, subject to all of Vana’s policies, rules, and limitations. Your dues entitle you to but do not guarantee, up to one service per day, based on Vana’s availability, 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. Any offer to provide a membership at a rate different than the listed price, or waive any fees, shall only be offered and approved by the Regional Director who shall provide a signed form acknowledging such changes or waivers. Member understands and acknowledges that a membership at Vana is a choice of the member and does not provide any special rights. If member fails to utilize their membership by booking treatments or utilizing services, Vana will not assume that member wishes to cancel the membership. Failure to utilize a membership will not entitle member to any refunds whatsoever.
- Promotions. Current members, whether monthly or otherwise, are not eligible to participate in any promotions offered by Vana. Any and all promotions are solely available to non-members.
- 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. Memberships are eligible for a one-time transfer only after the end of the first three (3) months of their Membership at the original location. Members are eligible for only one (1) transfer per membership year without being subject to a fee. After the first transfer, if the Member is still within the membership year, all subsequent transfers shall incur a transfer fee of $149.00, regardless of the reason for transfer. If a member chooses to transfer, the member may be subject to the rates and fees associated with the new location, at the sole discretion of the Regional Director. Prepaid memberships are not transferable. Members have the option to upgrade their membership to allow the use of any and all Vana clubs.
- Non-transferable Membership. Members cannot assign or transfer their Vana membership for any reason at all. Any attempt to assign or transfer a membership will result in a cancellation fee and a forfeiture of membership rights.
- 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.
- Cancellation: Upon inception, your membership cannot be cancelled, 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. For your protection and safety, cancellation must be signed in person at the Vana location of your membership. Cancelling Members must present a valid government issued identification at the time of cancellation. Memberships may be cancelled at any time and membership rights shall remain valid for the final billed month, however, no refund shall be issued. For example, if a member is to be billed on the 1st of a month, and cancels on the 1st of the month, Vana reserves the right to bill the member for that month and shall not issue any refund. The member will still have access for that month. Any member that has cancelled a membership and then wishes to rejoin any Vana Club, shall be subject to a $149.00 rejoin fee. For members that choose to pay more than one month of a membership in advance, they do so without promise of a discounted rate and shall not be eligible for any amount of refund under any circumstances.
- Termination. Vana reserves the right to terminate any membership at any time, for any reason deemed detrimental to Vana, its staff or other membership, as determined by the Regional Director. Vana will never terminated a membership based on race, sex, national origin, disability, citizenship, veteran status, pregnancy, age or religion. If Vana chooses to terminate a membership, the member is prohibited from entering any Vana Laser Club location and restricted to only communicating via e-mail and phone. Vana shall not issue a refund for any portion of the membership, regardless of when the membership was terminated.
- No Shows: Your appointment times are reserved especially for you and you understand that Vana requires notification twenty-four (24) hours prior to your appointment in order to cancel or reschedule. You understand that you will incur a $35.00 automatic late cancellation or No-Show fee if you fail to keep your appointment and fail to give the proper cancellation notice. Notice must be confirmed by member via e-mail sent to Booking@VanaLaserClub.com. Member must receive the reply notification accepting the cancellation. The late cancellation/no-show fee will be automatically charged to the account associated with your membership. This fee may be charged by Vana at any time after the no-show or late cancellation and Vana specifically does not waive the right to collect this fee if Vana does not charge it immediately.
- Late Payments & Default: Members are responsible for updating payment information as soon as it changes. Payment is deemed late including but not limited to any dishonored debit and/or declined credit card charges. A late payment fee of $35.00 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. If a member’s membership has been cancelled under this section, or by choice of the member, the member must be current and in good standing with their account if member chooses to rejoin any Vana location.
- 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.
- Membership Freeze. Your membership can be frozen for veriﬁed medical reasons only at time of pregnancy, illness, injury or medical condition. Member must provide medical documentation from a licensed medical physician. Any membership freeze is subject to the discretion of the Regional Director and must be reviewed and approved by the Regional Director and the Medical Director. Not every medical reason will be accepted and is at the sole discretion of Vana. 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. In the case of pregnancies, pregnant members are eligible for up to a one (1) year freeze, provided they have submitted the appropriate documentation. During this freeze, the member is subject to the Annual Membership Fee when it is due, and may be subject to new rates. Pregnant members must provide verified medical clearance to return to Vana and reactivate their membership.
- Non-Discrimination. 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.
- Changes to membership agreement. Vana may, from time to time, make changes to this agreement, other than to your guaranteed Monthly Membership Fee. Guaranteed Monthly Membership Fees are valid until you cancel your membership or a significant event, such as a sale of Vana, causes these Terms to be altered. Vana may, at any time, change the Annual Membership Fee. Such revisions will be effective on the first of the following membership month. Vana will provide member with reasonable and timely notice of such revisions. Your continued use of Vana facilities and/or services shall constitute acceptance of these changes. If a member cancels or their membership is terminated for any other reason, member shall be subject to new rates if they choose to rejoin Vana.
- Media. Member agrees to allow Vana to take and store photographs of Member, each visit or whenever necessary as determined by an employee of Vana, for the purpose of tracking treatment progress, any prior skin conditions, and continuity of treatment between providers. If Member refuses to allow Vana to take and store such photographs, Member may not receive treatment that day, as decided by the Regional Director. Any failure to allow Vana to take such photographs may result in a forfeiture of membership with no entitlement to a refund. Vana shall store all photographs on a secure network and HIPAA compliant device and network.
- Social Media. Vana may, from time to time, wish to post before and after photographs of Members to showcase progress and services on Vana’s social media applications. Member may or may not authorize such use of photographs, videos or other forms of media. If member wishes to grant authorization, Member must sign the Social Media Consent form. If a member does not want to grant authorization, Member must alert Vana in writing.
- 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.
- Rules and Regulations.
- a) General. 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 may 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.
- b) Informed Consent. Member understands that the treatments available to them are dependent upon the level of membership they purchase.
PLEASE READ THE FOLLOWING VERY CAREFULLY BEFORE INITIALING. By initialing and signing these terms and conditions you take full responsibility for and consent to the potential risks of the treatments offered at Vana. Member acknowledges and understands that the following procedures are offered at Vana and will be described to member, and all procedures are entirely elective. Member recognizes that there are inherent risks in each of these services/treatments, and that the material risks associated with these services/treatments include, but are not limited to:
- For the following Laser Treatments: Intense Pulse Light (IPL), Laser Hair Removal, Laser Spot Removal, Wrinkle Reduction, Skin Tightening Laser Treatment, Leg/Facial vein removal, Radio Frequency Treatment, Scar Treatment, and the 755/1064 Laser Treatment (hereafter referred to as Laser Treatments) possible risks include burns, infection, allergic reaction, loss of blood, loss of function of limbs or organs, paralysis, partial paralysis, paraplegia, quadrapalegia, disfiguring scars, brain damage, cardiac arrest, or death. Highly probable complications of the above-described Laser Treatments also include burning, blistering, scabbing, scars, hyperpigmentation and hypopigmentation and failure of treatment to work accordingly. Member has read and understood all of the risks and possible side effects as outlined herein and agree that Member may want to pursue the Laser Treatments despite these risks. Member understands that some of the Laser Treatments may require multiple treatments to achieve the maximum benefit. ________ Initials
- Laser Treatments utilize a device that produces an intense burst of light that reduces skin wrinkles and brown/red discoloration of the face/neck, and body without harming the surrounding tissue. To protect member’s eyes from the intense light member will have eyes covered with opaque material or wear laser protective glass during any Laser Treatments. ________ Initials
- Member shall disclose any and all medical conditions that could adversely affect member’s treatment to Vana Laser Club and their staff. Member acknowledges that member has not been diagnosed with Cancer and/or undergone chemotherapy or radiation treatments. Member acknowledges that exposure to UV light based and other tanning treatments including but not limited to sun exposure, tanning beds, self-tanners, at least two weeks prior to member’s treatment by Vana will cause Vana to refuse treatment. Member acknowledges the risk of taking Accutane or any light sensitive drugs in the last six months may also cause adverse reactions and must be disclosed prior to any treatments at Vana. Member understands and accept the risks involved with undergoing Laser treatment. It is the sole responsibility of the Member to disclose conditions, treatments, use of, or exposure to any of the above including the use of products containing retinol. Failure to disclosure any of the following could lead to severe negative reactions to treatments and Member waives all rights to place liability on Vana in the event of a negative reaction or unfavorable outcome. ________ Initials
- For women: Members must confirm that they are not pregnant and do not intend to become pregnant anytime during the course of treatment. Furthermore, members agree to keep Vana Laser Club and the staff informed should they become pregnant during the course of treatment. ________ Initials
- If participating in Salt therapy sessions, member may experience a slight cough, minor tightness in the chest or runny nose. Member, prior to a Salt therapy session, must confirm that member has not been diagnosed with asthma and/or other lung conditions; or if member has, they have consulted my physician prior to participating in Salt therapy. ________ Initials
- Vana Laser Club strongly recommends members conduct a patch test before undergoing any of the treatments in order to assess personal responsiveness and possible complications and/or side effects.
- Facility and Services.
- General. 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.
- Laser Hair Removal. Laser hair removal treatments may be spaced by medically appropriate intervals based on applicable clinical standards to be determined exclusively by Vana and Vana’s Medical Director. By agreeing to these Terms & Conditions, you verify that you agree that: (a) you have consulted with an 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.
- Skin Rejuvenation. Skin Rejuvenation treatments may be spaced by medically appropriate intervals based on applicable clinical standards to be determined exclusively by Vana and Vana’s Medical Director. By agreeing to these Terms & Conditions, you verify that you agree that: (a) you have consulted with an 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 Simplicity’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.
- Body Contouring. Vela Shape and True sculpt treatments may be spaced between once per week for each treatment, based on applicable clinical standards to be determined exclusively by Vana and Vana’s Medical Director. By agreeing to these Terms & Conditions, you verify that you agree that: (a) you have consulted with an 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 Vela Shape’s and True Sculpt’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.
- VIPeel. VIPeel treatments may be spaced by medically appropriate intervals based on applicable clinical standards to be determined exclusively by Vana and Vana’s Medical Director. By agreeing to these Terms & Conditions, you verify that you agree that: (a) you have consulted with an 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 VIPeel’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.
- Skin Care Products. Member acknowledges and understands that Vana is not responsible and cannot be held liable for any adverse, negative, or otherwise unfavorable outcomes due to the use of any skin care products sold at, or recommended by, Vana and its staff. Vana merely sells skin care products that are believed to provide safe treatment options. Any and all liability stemming from the use of any skin care products purchased or used at Vana shall be placed solely with the manufacturer of such products. Member understands that Vana shall not offer any refunds or accept any returns of any skin care products, except in the event that the packaging is defective and Vana’s Regional Director approves the return and/or refund.
- Dues, Fees, Charges & Taxes
- 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.
- Third-Party Authorization. Members may have a third-party make payments on their behalf only if Member has obtained a third-party authorization form
- 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.
- Cancellation Rights (Buyer’s Rights). As a buyer of this membership plan, Vana will: a) cancel your membership if 1) You are unable to receive beneﬁts from Vana’s services by reason of death or 2) or the services provided by Vana are materially impaired, unless Vana provides a facility of equal quality located within twenty (20) driving miles of the business location designated in this Agreement at no additional cost to you. 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 Membership Fees have been kept current and you have not canceled your membership. Cancellations are to be made in person or by 5 days’ written notice mailed to Vana, as stated above in paragraph 3(c). All requests to cancel must be completed in person at the Vana location of which you are a member. 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. 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 understand 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.
- 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.
- Communications. Although Vana staff members may discuss concerns, questions and scheduling with you via telephone, only communications via e-mail will be considered final, accurate and legitimate. Members must always follow up phone conversations via e-mail and receive a reply acknowledging receipt. Any conversations occurring over the phone will treated as if they had not occurred.
- Disclosures. Member must disclose all of following, but not limited to, the use of any products, treatments, or procedures that would react poorly with the treatments offered by Vana and received by member. Failure to disclose any of the above, shall constitute a full and complete waiver of liability on behalf of Vana, its staff, owners, affiliates, assigns, heirs, employees, contractors and related parties.
By signing below, I______________________, fully understand and agree to the above terms and conditions my Membership with Vana Laser Club:
Member Name Date
VANA LASER CLUB
Name of Manager, on behalf of Vana Date
Signature of Manager, on behalf of Vana