NBLaser, LLC (NBLaser) and you agree that by signing this agreement, you purchased services and agree to all the terms in this agreement. The terms “you” and “NBLaser” 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 NBLaser of any change in your address or phone number.
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 receiving any of the services offered by NBLaser. As such, you acknowledge that NBLaser 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.
b) Assumption of the Risks and Release of Liability.
You recognize that there are certain inherent risks associated with NBLaser’s services and you assume full responsibility for personal injury to yourself, and further release and discharge NBLaser for injury, loss, or damage arising out of your use of or presence upon the facilities of NBLaser, whether caused by the fault of yourself, NBLaser, or other third parties.
c) Liability for Property.
NBLaser is not liable to you or your guest for any personal property that is damaged, lost, or stolen while on or around NBLaser premises including, but not limited to, a vehicle or its contents or any property left in a locker. If you or your guest cause any damage to NBLaser’s facilities, you are liable to NBLaser for its cost of repair or replacement.
d) Entire Agreement & Enforcement.
You acknowledge that neither NBLaser, 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 NBLaser 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 NBLaser does not enforce any right in this agreement for any reason, NBLaser does not waive its right to enforce it later.
Payments cannot be deferred. NBLaser does not guarantee a specific number of treatments during the course of the chosen service.
Cancellation: Upon inception, your chosen treatment cannot be cancelled, refunded, or transferred; regardless of side effects, treatment results, or changes in personal circumstances. No Shows: Your appointment times are reserved especially for you and you understand that NBLaser requires notification by 5 p.m. 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 you fail to give the proper cancellation notice.
Late Payments & Default: You are agreeing to have NBLaser finance the cost of your treatment over the term specified in this agreement and you agree to timely make each payment for the duration of the term of the treatment. A late payment fee of $20.00 will be added to any payment that is more than five (5) days late. You will not be eligible for benefits or further treatments until your account is brought current, including the payment of any outstanding fees or collection costs. 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.
Payment Processing: You understand that NBLaser will handle all payment processing. You hereby authorize NBLaser to draw items (checks, electronic fund transfers, charge cards) for the
purpose of paying said payment(s), including any late fees or service fees from the account listed above.
It is the policy of NBLaser not to discriminate against any person on the basis of race, national origin, ancestry, color, creed, religion, sex, sexual orientation, age or disability.
NBLaser collects, uses and discloses certain personal information of yours in accordance with their Privacy Policies, which are available free of charge upon request.
The NBLaser Policy is available at www.vanalaserclub.net/privacy. Please review the Private Policy before signing this agreement as it contains important information relating to your personal information. NBLaser may contact you from time to time by telephone, email, text message or other means with information and offers related to your purchase which may be of interest to you. If you do not wish to receive such messages, you can opt out at any time.
d) Dispute Resolution.
In the unlikely event that NBLaser is unable to resolve a complaint you may have to your satisfaction (or is unable to resolve a dispute with you after attempting to do so informally), we each agree to resolve such disputes through binding arbitration or small claims court rather than a court of general jurisdiction. 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 NBLaser 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. The Dispute Resolution provision shall apply to this contract unless, within thirty (30) days of signing this contract, you notify NBLaser in writing that you reject this provision. Such notification must be made in writing delivered to the spa address listed on the first page. Rejection of this provision shall have no effect on the remaining provisions of this agreement.
4. Rules and Regulations.
You agree to follow NBLaser policies and rules. NBLaser may, in its sole discretion, modify the policies without notice at any time. Laser rules vary by location and all signs posted in a facility or on the premises or verbal communication shall be considered a part of the rules of NBLaser. NBLaser reserves the right to terminate your treatment immediately for violation of any policy or laser rule.
5. Facility and Services
NBLaser reserves the right at any time to delete, discontinue, modify or replace any service without any effect on this agreement. NBLaser also reserves the right to make changes to quantity services offered and to alter the hours of operation in NBLaser’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.” NBLaser 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, based on clinical standards determined exclusively by NBLaser. Treatment areas are not commutable and cannot be interchanged. By agreeing to these Terms & Conditions, you verify that you agree that: (a) you have consulted with an NBLaser 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 NBLaser’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 package cannot be cancelled or 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, based on clinical standards determined exclusively by NBLaser. Treatment areas are not commutable and cannot be interchanged. By agreeing to these Terms & Conditions, you verify that you agree that: (a) you have consulted with an NBLaser 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 package cannot be cancelled or 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 NBLaser 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 NBLaser within 60 days of a claimed error on your bank statement or credit card statement
b) Charges & Taxes.
NBLaser has the right to add to your dues any tax imposed by the government. NBLaser also has the right to add any utility charges or surcharges to your dues.
7. Refund Policy
You realize that all of the foregoing written material will be honored by NBLaser 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 NBLaser as modified or amended in the sole discretion of NBLaser. NBLaser hereby reserves the right to refund the pro-rated cost of any unused services and remove you from NBLaser at any time that your actions violate the rules of NBLaser, which are attached hereto or as may be amended or modified in NBLaser’s sole and absolute discretion. Changes to such rules will be posted within NBLaser and/or communicated by appropriate means.
You acknowledge and accept the risk inherent in the use of laser services and facilities. By using NBLaser’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 NBLaser’s services or facilities. In consideration of the above-mentioned parties’ participation in the activities of NBLaser and/or use of the facilities of NBLaser, you hereby, for you and each of your associates and your respective heirs, assigns, and legal representatives, release and forever discharge NBLaser 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 of NBLaser. 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 NBLaser 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 NBLaser 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.
NBLaser 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 purchase 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 purchase 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 told the other party that they might suffer these damages.
© 2017 by NBLaser, LLC