Membership terms and conditions

Monthly Membership Terms and Conditions

(For reference only)

Agreements are not binding until reviewed and signed in person at our VIKARA Esthetics location.

(“You”, “Your”, “Yourself”) agree to join the Refresh, Renew or Transform Monthly Membership with VIKARA Esthetics, a Florida LLC Company. VIKARA Esthetics in the Membership marked above pursuant to the following terms and conditions:

1. Definitions. For the purposes of VIKARA Esthetics Monthly Membership Agreement

(the “Agreement”) the following definitions shall apply:

1. VIKARA Esthetics Wallet shall be defined as the monthly payments received by VIKARA Esthetics that have not been applied to monies owed by You for Treatments.

2. Membership shall be defined as either Refresh, Renew or Transform.

3. Termination Fee shall be defined as Two Hundred Fifty and No/100 dollars ($250.00).

4. Treatment(s) shall be defined as any services currently provided by VIKARA Esthetics which may be modified from time to time at the sole discretion of VIKARA Esthetics.

2. Term and Termination.

a) This Agreement shall be for a Term equal to the number of months selected in your chosen Membership.

b) If You have selected either the Refresh, Renew or Transform membership You may Terminate this Agreement at any time by providing written notice to VIKARA Esthetics, and upon payment of the Termination Fee. The Termination Fee will be paid all or partially by any remaining funds in Your VIKARA Esthetics Wallet. In the event Your VIKARA Esthetics Wallet does not have sufficient funds to pay the Termination Fee in full, you will owe the remaining balance on the Termination Fee. Any remaining fees in Your VIKARA Esthetics Wallet after all fees owed by You are paid will be returned to You.

c) The VIKARA Esthetics Refresh, Renew or Transform Memberships cannot be Terminated by You. All monthly fees paid to VIKARA Esthetics pursuant to the VIKARA Esthetics Refresh, Renew or Transform shall be considered paid in full for services upon receipt whether or not Treatments have been provided at that time.

d) This Agreement will Terminate upon the conclusion of Your Term or by any method provided in this Agreement. Any funds remaining in Your VIKARA Esthetics Wallet upon Termination following reduction of all fees owed to VIKARA Esthetics will be returned to You, or may be forwarded to any successive Membership Agreement you may enter into with VIKARA Esthetics.

3. Payments.

a) All monthly payments due pursuant to this Agreement shall be paid by You on the 1st day of each month throughout the Term, with the initial monthly payment due at the time this Agreement is executed by You. Any payments made to Your VIKARA Esthetics Wallet will be held in a separate account from VIKARA Esthetics ’s general operating funds until such monies are earned by VIKARA Esthetics through Treatments to or on behalf of You.

b) Payments for all Treatments not otherwise covered by Your VIKARA Esthetics let or are a part of the VIKARA Esthetics Ultimate Membership are due and payable at the time of service.

c) Client may authorize VIKARA Esthetics to pay all payments owed under this Agreement by executing the Credit Card Payment Authorization Form attached and labeled as Exhibit A.

4. Late Fees and Refusal of Treatment. In the event any payment owed by You based on Your selected Membership is not received by the 1st day of the month, a Late Fee in the amount of $25.00 will be assessed. Said Late Fee will be due and payable immediately and shall continue to incur on the 1st day of each month until all monthly payments and late fees are paid in full to date. VIKARA Esthetics may, in its sole discretion, refuse to provide Treatments to You if You have failed to pay any monthly payments or incurred late fees unless the VIKARA Esthetics Wallet contains sufficient funds to cover the costs of Your requested Treatment.

5. Change of Membership. If You have selected either the Refresh, Renew or Transform, you may, at any time during the Term, change Your Membership to the other of either a Refresh, Renew or Transform. Said Change shall occur on the month following written notice being provided by You to VIKARA Esthetics, and will be effective for the remainder of that Term. No Termination Fee will be incurred by You as a result of a Change of Membership.

6. Upgrade of Membership. If Client has selected either the Refresh, Renew or Transform, Client may, at any time during the Term, upgrade their Membership to the Refresh, Renew or Transform. Said upgrade shall occur on the month following written notice being provided by Client to VIKARA Esthetics. No Termination Fee will be incurred by You as a result of an Upgrade of Your Membership.

7. Membership Appointment Cancellation and No-Show Policy.

a) All Treatment appointments (“Appointments”) for or on behalf of You must be scheduled with VIKARA Esthetics ahead of time. You may cancel or reschedule an Appointment at any time at least 24-hours prior to the scheduled Appointment. A cancellation or rescheduling with less than 24-hour’s notice to VIKARA Esthetics will be considered a No-Show.

b) In the event You No-Show on a scheduled Appointment, you will be charged a No-Show fee in the amount of $75. Said No-Show fee will be deducted from the VIKARA Esthetics Wallet. No fee for the scheduled Treatment will be charged.

8. Waiver. The failure of VIKARA Esthetics to enforce any provision of this Agreement shall not be construed as a waiver or limitation of VIKARA Esthetics right to subsequently enforce and compel strict compliance with every provision of this Agreement.

9. Assignment.

a) This Agreement and all rights and obligations hereunder are fully assignable and transferable, whether in part or whole, by VIKARA Esthetics, and if so assigned or transferred, will be binding upon and inure to the benefit of VIKARA Esthetics ’s successors and assigns.

b) You may not assign this Agreement in whole. However, you may allow a person other than Yourself to receive a Treatment you are entitled to pursuant to the terms and conditions of this Agreement. All payment obligations for Treatments will be Your responsibility as provided in this Agreement no matter who receives Your Treatments.

10. Governing Law; Venue. The laws of the State of Florida shall govern the validity of this Agreement, the construction of its terms, and the interpretation of the rights and duties arising hereunder. Any judicial Proceeding brought against any of the parties to this Agreement on any dispute arising out of this Agreement or any matter related hereto is subject to the exclusive jurisdiction of the federal or state courts located in Miami Dade, Florida, and by execution and delivery of this Agreement, each of the parties to this Agreement waives any objection to venue.

11. Legal Expenses. In the event any legal fees are incurred as a result of Your breach of this Agreement, you shall pay for VIKARA Esthetics all expenses incurred as a result of that breach, including reasonable attorney’s fees and court costs.

12. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, communications, representations and agreements, whether oral or written, with respect to the subject matter hereof. This Agreement may not be amended or modified, nor may any right or remedy of any party be waived, unless the same is in writing and signed by a duly authorized representative of each party.