Terms and Conditions

This membership agreement (“Agreement”) is made as of the date of signature by Member (the “Effective Date”) by and between Blackhawk Plastic Surgery (the “Company”) located at 3600 Blackhawk Plaza Circle, Danville, CA 94506 and the individual listed above as Member (“Member”).

The Company is a professional service corporation licensed by the State of California, which provides aesthetic and cosmetic services as more specifically described below for members of its Membership Program; and

You desire to become a member of the Company’s Membership Program and receive the services and benefits of membership; and

In consideration of the mutual promises herein, the sufficiency of which is hereby acknowledged, we agree as follows:

MEMBERSHIP FEE – I agree to purchase a membership in the Membership Program for a membership fee (The “Membership Fee”) identified on the signature page of this Agreement for a minimum six (6) month minimum membership. Upon enrollment and payment of the Enrollment Fee and Membership Fee, you will be entitled to the services agreed to.

ELECTRONIC FUNDS TRANSFER

Payment/Authorization. By signing this Agreement, I hereby authorize my bank to make my monthly Membership Fee payment by the method indicated above and post it to my account.

I will supply credit card information for the Company’s payment processor to be kept on file and by execution of this Agreement agree that the Company and its payment processor shall be authorized to rely on any credit card payment authorization information provided, and which shall be deemed to be a part hereof, for current and future charges. I will keep all such credit card and membership information updated at all times. The monthly Membership Fee will be automatically debited from the credit card on the monthly anniversary of the Effective Date. The Monthly Membership Fee is nonrefundable, no exceptions. Finally, the Membership contemplated by the terms of this Agreement is not transferrable and the undersigned is, unless otherwise set forth in this Agreement, and the only party entitled to receive the benefits of the Membership and access to Member exclusive promotions.

Late-Payments; Collection. Any late payments shall accrue interest at the rate of 1.5% per month (18% per annum). Company shall be entitled to recover all of its costs of collection for the remaining term of the Membership, inclusive of any amount outstanding hereunder, including without limitation, the fees of its attorneys and/or collections agencies.

MEMBERSHIP SERVICES – During the Term, Members are eligible for Membership Services agreed to above

I agree that all procedures that I may elect to receive may be subject to the terms of an additional informed consent form for the specific procedure, and which must be reviewed and signed by me prior to any procedure being done.

Under no circumstances can I roll over my monthly Membership fee, any balance thereof, or any unused services or apply as a credit to either a past or future treatment. No Exceptions.

As additional products and treatments are made available by the Company, I may receive additional discounts, Services and Membership benefits. I agree that the Company reserves the right to unilaterally add, delete, or change Services and/or the discounts provided under this Agreement.

Medical Disclaimer: Treatments and procedures offered as part of the Membership Program are subject to medical evaluation and provider approval. Results may vary, and some treatments may not be suitable for all individuals.

TERM AND CANCELLATION

Term. The term of this Agreement shall commence on the Effective Date and continue for a term of six (6) months (the “Initial Term”) and shall automatically renew on a month-to-month basis (the “Renewal Term(s)”) unless cancelled by me providing written notice to the Company of termination no less than thirty (30) days prior to the expiration of the then current in effect Term. Except as may otherwise be specifically provided in writing between the parties, any such Renewal Term shall be on the same terms and conditions as contained in this Agreement provided, however, that the monthly Membership Fee payable to the Company in the Initial Term may be modified by the Company for each successive Renewal Term.

Revocation of Membership. I understand that at Company’s discretion, my membership may be revoked at any time and for any reasons, including if, in the reasonable judgment of the Company, I have acted in a manner contrary to the best interests or safety of Company or other members, or if my account has a past due balance. I further understand that the Company reserves the right to require a member to leave if in the Company’s reasonable judgment, such member poses a health or safety risk or is disturbing, or appears likely to disturb other members or Company personnel.

Use Privileges. I understand that I must abide by the rules of my membership and that additional fees may apply if I choose to use services outside of my membership privileges.

Membership Freeze. I understand that under no circumstances shall I be permitted to put my membership on hold (a/k/a, a “freeze”).

Appointments – Cancellation Policy. Should I fail to notify the Company of my need to cancel a scheduled appointment no less than 24 hours prior to the scheduled appointment, any missed scheduled appointment shall be count as if I had received such treatment.

No Refund Policy: I understand that Membership fees are non-refundable once paid. Any mutually agreed upon early cancellation of the six-month minimum commitment may result in additional fees or forfeiture of unused benefits.

Terms of Service: I understand that the terms and conditions of this membership program may be updated or modified by the Company at any time.

Discount Exclusions: I understand that Discounts do not apply to promotional pricing, bundled offers, or third-party services unless explicitly stated.

Payment Authorization: I understand that Members authorize automatic monthly payments through their preferred payment method. Any lapses in payment may result in suspension or cancellation of my membership benefits.

TERMINATION.

Early Termination. I understand that a Member may terminate the Agreement prior to the expiration of the Initial Term or any Renewal Term thereof; however, a Member shall remain responsible for the Fees owed during the Term in question regardless of the day in which termination was effectuated. I hereby understand, agree and acknowledges that Company has no duty or obligation to refund any monies paid or agreed to be paid under this Agreement as a result of a termination as contemplated herein.

WAIVER & LIABILITY RELEASE

I understand that the Company is not responsible nor liable for any injury or loss of property that occurs during administration of treatments or at any time you are 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, I hereby waive, covenant not to sue and release any and all claims which may be brought by me or my 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 my 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 these terms and conditions, treatments administered by the Company, products I purchase from the Company, or anything incidental to the Membership or terms and conditions, 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 my negligence, the negligence of any person associated with the Company, including the owner(s), employees, representatives, independent contractors and agents or on Company premises. I further agree 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 my actions or the lack thereof, the Company’s, or other associated party’s negligence, including anyone on the Company premises for any reason.

I understand and agree 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.

MISCELLANEOUS

Notice. I understand that all notices, requests, demands and other communications under or in connection with this Agreement shall be given in writing and shall be deemed to have been given or made: if by hand, immediately upon delivery; if by Federal Express, Express Mail or any other overnight service, the first business day after dispatch; or if mailed by certified mail return receipt requested, two business days after delivery or return of the notice to sender marked “unclaimed.” All notices shall be delivered or mailed to the parties at the addresses listed above.

Waiver. I understand that failure of either party to this Agreement to object to or take affirmative action with respect to any conduct of the other which violates the terms hereof, shall not be construed as a waiver thereof or of any future breach or subsequent misconduct.

Headings. I understand that all headings and captions in this Agreement are for convenience only. They shall not be deemed part of this Agreement and shall in no way define, limit, extend or describe the scope or intent of any provisions hereof.

Entire Agreement, Binding Effect, Amendment. I understand that this Agreement contains the entire agreement of the parties relating to the subject matter of this Agreement and supersedes all prior agreements and understandings of any kind between the parties respecting such subject matter. All covenants, conditions, and obligations contained herein shall be binding upon, and shall inure to the benefit of, the parties and their respective heirs, successor and permitted assigns. This Agreement may not be amended, altered or supplemented except by a written agreement executed by the parties hereto.

Governing Law. I understand that this Agreement shall be governed by, and construed in accordance with the laws of the State of California without giving effect to its conflict of law provisions. Any and all actions arising out of or related to this Agreement shall be brought in, and the parties agree to exclusive jurisdiction of, the State and Federal courts where the Company is located.

Dispute Resolution. By entering into this Agreement, I agree to resolve any dispute between the Company and me arising out of, related to, or in any way connected to this Agreement by binding arbitration before a single arbitrator in California in accordance with the terms of the American Arbitration Association (“AAA”).

Waiver of Jury Trial. BY AGREEING TO SECTION THE “DISPUTE RESOLUTION” PROVISIONS ABOVE, I AM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY OF ANY CLAIM, DEMAND, OR CAUSE OF ACTION IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THIS AGREEMENT, THE MEMBERSHIP, MEMBERSHIP BENEFITS, OR USE OR INABILITY TO USE THE FACILITIES OR SERVICES PROVIDED HEREUNDER, WHETHER NOW EXISTING OR LATER ARISING, AND WHETHER SUCH CLAIM, DEMAND, OR CAUSE OF ACTION ARISES IN CONTRACT, TORT, EQUITY, OR OTHERWISE

Force Majeure. I understand that neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to fire, accident, labor dispute or unrest, flood, riot, war, rebellion, insurrection, sabotage, transportation delays, shortage of raw materials, energy or machinery, pandemics, act of God or of the civil or military authorities of a state or nation, or the inability, due to the aforementioned causes, to obtain necessary labor or facilities.

Severability. I understand that the provisions of this Agreement shall be severable, and that if any provisions shall be prohibited by law, or invalid, or unenforceable in whole or in part for any reason, the remaining provisions shall remain in full force and effect.

Assignment. I understand that this Agreement shall inure to the benefit of the Company and its successors and assigns and shall be binding upon the Company and successors and assigns. This Agreement is personal to me, and I shall not assign or delegate my rights or duties under this Agreement, and any such assignment or delegation shall be null and void. This Agreement may be freely assigned or transferred by the Company at its sole discretion.

Counterparts. I understand that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original and which together shall constitute one Agreement.

Acceptance; Capacity. By signing where indicated above, I affirm that I have read this Agreement, understand it, and agree to be bound by its terms. I acknowledge receipt of or having access to a copy of this Agreement, and agree to comply with all of the terms and provisions contained therein. By signing this Agreement, I represent to the Company that I am of legal age, have full legal capacity, and have read and understand the entire Agreement.