Membership Agreement & Terms

SECTION 1: AGREEMENT & MEMBERSHIP OVERVIEW

1.1 Agreement & Parties

This Membership Agreement (“Agreement”) is entered into between Luxe Arte Inc., DBA Luxe Arte Aesthetics (“Company”) and the enrolling individual (“Member”).

By enrolling, purchasing, or using any membership benefits, Member agrees to be legally bound by this Agreement.

1.2 Membership Terms

•Program: Luxe Arte Lifestyle Annual Membership

•Annual Fee: $365 (subject to change with notice)

•Term: One (1) year from enrollment date

1.3 Membership Benefits

Active Members receive:

•20% discount on Luxe Arte Aesthetics services and treatments only

•20% discount on Luxe Arte Aesthetics retail products only

•Benefits Apply only to services performed by Luxe Arte Aesthetics

1.4 Eligibility & Use

•Member must be at least 18 years old

•Membership is non-transferable and non-shareable

•Valid identification may be required

•Membership must be active at time of service in order to receive membership benefits

1.5 Independent Providers

Luxe Arte Aesthetics operates within a shared facility that may include independent providers.

Member acknowledges:

•Benefits apply only to Luxe Arte Aesthetics services and products

•Independent providers are not employees or agents

•Luxe Arte Aesthetics is not responsible for services offered by independent providers

SECTION 2: MEDICAL SERVICES & PATIENT RESPONSIBILITIES

2.1 Medical Services & Clinical Discretion

All services are elective medical aesthetic procedures performed in accordance with applicable law.

Providers may refuse, modify, or discontinue treatment at their sole clinical discretion based on safety, medical history, and contraindications.

2.2 Informed Consent Requirement

This Agreement does not constitute informed consent.

Member agrees:

•Separate written informed consent is required prior to all procedures

•Failure to sign required consent forms may result in denial of treatment

2.3 Results, Risks & Financial Responsibility; No Guarantee of Outcome

Member acknowledges:

•LUXE ARTE AESTHETICS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE RESULTS, EFFICACY, OR OUTCOME OF ANY SERVICE OR TREATMENT. All aesthetic outcomes are inherently variable and depend upon individual physiology, skin type, health status, lifestyle, adherence to post-treatment protocols, and other factors entirely outside the control of Luxe Arte Aesthetics. No provider, staff member, or agent of Luxe Arte Aesthetics is authorized to guarantee results, and any such representation, if made, is not binding upon the Company

•Multiple treatments may be required

•All procedures involve inherent medical risks

Member agrees:

•They assume all risks associated with elective treatments

•They are financially responsible for all services rendered, including additional or corrective treatments

2.4 Privacy & HIPAA Acknowledgment

Member acknowledges receipt of Luxe Arte Aesthetics’ Notice of Privacy Practices and consents to the use and disclosure of protected health information as permitted by law.

SECTION 3: SERVICES, POLICIES & OPERATIONS

3.1 Prepaid Services & Expiration

•Prepaid services and packages expire one (1) year from purchase date unless otherwise stated

•Expired services are forfeited

•All purchases are final, non-refundable, non-transferable, and have no cash value, except where required by law

3.2 Appointments, Cancellations & No-Shows

•24-hour notice required for cancellations or rescheduling

•Cancellations made less than 24 hours before the scheduled appointment incur a $50 fee. Wix automatically collects this fee when the client cancels and a supported saved payment method is available.

•No-shows may incur a $50 fee and are reviewed and recorded by the office.

•Late arrivals may result in shortened or rescheduled services

3.3 No Freeze Policy

Memberships may not be paused, frozen, or extended for any reason.

3.4 Code of Conduct

Member agrees to behave respectfully and professionally.

Luxe Arte Aesthetics may terminate services or membership without refund for:

•Harassment or abusive behavior

•Sexual misconduct

•Unsafe or disruptive conduct

SECTION 4: LEGAL PROTECTIONS

4.1 Limitation of Liability

To the fullest extent permitted by applicable law, Luxe Arte Aesthetics, its officers, members, owners, employees, independent contractors, agents, successors, and assigns (collectively, “Company Parties”) shall not be liable for:

•Outcomes or complications from elective procedures

•Dissatisfaction with results

•Services performed by independent providers operating within the facility;

•Any adverse reaction, allergic response, bruising, swelling, scarring, infection, pigmentation change, nerve sensitivity, or other physical consequence arising from any treatment, whether or not resulting from provider action or inaction;

•Any loss of earnings, loss of business opportunity, emotional distress, reputational harm, or other consequential, incidental, special, punitive, or indirect damages of any nature, whether or not the Company was advised of the possibility of such damages; and

•Any claim arising from Member’s failure to follow pre-treatment or post-treatment instructions, disclose accurate medical history, or obtain appropriate medical clearance.

AGGREGATE DAMAGES CAP. To the fullest extent permitted by law, the total aggregate liability of the Company Parties to Member for any and all claims arising under or related to this Agreement or any services rendered hereunder shall not exceed the lesser of: (a) the total membership fees and service fees actually paid by Member to Luxe Arte Aesthetics in the six (6) months immediately preceding the event giving rise to the claim; or (b) Fifteen Hundred Dollars ($1500.00). This limitation applies regardless of the theory of liability (contract, tort, strict liability, statute, or otherwise) and survives termination of this Agreement. Some jurisdictions do not allow limitation of liability for personal injury; in such jurisdictions this cap applies only to the maximum extent permitted by applicable law.

4.2 Indemnification

Member agrees to indemnify, defend (with counsel reasonably acceptable to the Company), and hold harmless the Company Parties from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs at all trial and appellate levels) arising from or relating to:

•Inaccurate or incomplete medical disclosures

•Misuse of services

•Violation of any provision of this Agreement or any applicable law, regulation, or professional standard;

•Any claim, demand, or action brought by a third party (including another member, guest, or visitor) arising from Member’s conduct on the premises; and

•Any breach of Member’s representations, warranties, or acknowledgments set forth in this Agreement.

Member’s duty to defend is independent of and shall not be conditioned upon the duty to indemnify, and shall be triggered upon written tender of the claim or action by the Company. The indemnification obligations set forth in this Section shall survive termination or expiration of this Agreement.

4.5 Assumption of Risk; Release

Member expressly acknowledges that all aesthetic, medical aesthetic, and wellness treatments involve known and unknown risks, including but not limited to bruising, swelling, infection, allergic reaction, pigmentation irregularity, nerve sensitivity, scarring, asymmetry, and unsatisfactory cosmetic outcome. Member voluntarily and knowingly assumes all such inherent risks. Member further releases and forever discharges the Company Parties from any and all claims, known or unknown, arising from or related to any treatment received under this Agreement, to the fullest extent permitted by Florida law. Member represents that they have had a full opportunity to ask questions of their provider and have done so to their satisfaction prior to receiving any treatment.

4.6 Force Majeure

Luxe Arte Aesthetics shall not be liable for delays or inability to perform due to events beyond its control, including but not limited to hurricanes, natural disasters, pandemics, or government actions.

4.7 Dispute Resolution; Mandatory Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

1. BINDING ARBITRATION. Any dispute, controversy, or claim of any nature arising out of or relating to this Agreement, any service rendered under this Agreement, any treatment outcome, or any act or omission of the Company or its providers, whether sounding in contract, tort, statute, or equity (each, a “Dispute”), shall be resolved exclusively by final and binding arbitration, not in court. Arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules then in effect, before a single neutral arbitrator. The arbitration shall be seated and conducted in Palm Beach County, Florida. The arbitrator shall apply Florida substantive law. The arbitrator’s award shall be final and binding and may be confirmed and entered as a judgment in any court of competent jurisdiction;

•CLASS ACTION AND REPRESENTATIVE ACTION WAIVER. ALL DISPUTES MUST BE BROUGHT BY MEMBER IN MEMBER’S INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE PROCEEDING, OR MULTI-PARTY ARBITRATION. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO CONSOLIDATE CLAIMS, CONDUCT CLASS-WIDE ARBITRATION, OR AWARD CLASS-WIDE RELIEF. MEMBER EXPRESSLY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, COORDINATED, OR REPRESENTATIVE PROCEEDING OF ANY KIND; AND

•SEVERABILITY; EMERGENCY RELIEF. If any portion of this Section is found invalid or unenforceable, that portion shall be severed and the remainder shall continue in full force and effect; provided that if the Class Action Waiver is found unenforceable in any proceeding, the entire arbitration agreement shall be null and void as to that proceeding only, and the parties consent to jurisdiction of the state or federal courts in Palm Beach County, Florida for resolution of that proceeding. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction in Palm Beach County, Florida, to prevent irreparable harm pending constitution of the arbitral tribunal, without waiving the right to arbitrate the underlying claim.

4.8 Governing Law; Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

4.9 Entire Agreement; Modifications; Severability; No Waiver

This Agreement, together with any separately executed informed consent forms, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous oral or written representations, warranties, and agreements. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The failure of the Company to enforce any provision of this Agreement on one occasion shall not be deemed a waiver of the Company’s right to enforce that or any other provision in the future.

Luxe Arte Aesthetics may update these terms with reasonable notice. Continued participation constitutes acceptance.

SECTION 5: BILLING, AUTO-RENEWAL & PAYMENT TERMS

5.1 Automatic Renewal Disclosure (Florida Law Compliance)

THIS MEMBERSHIP WILL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE (1) YEAR TERMS.

BY SIGNING THIS AGREEMENT, YOU AUTHORIZE LUXE ARTE AESTHETICS TO CHARGE YOUR PAYMENT METHOD ON FILE FOR THE THEN-CURRENT MEMBERSHIP FEE UNLESS YOU CANCEL AS PROVIDED BELOW.

Member acknowledges:

•Clear and conspicuous disclosure of automatic renewal

•Affirmative consent to recurring charges

5.2 Cancellation of Membership & Auto-Renewal

•Member must provide written notice at least thirty (30) days prior to renewal

•Cancellation may be submitted via:

•Email: info@luxearteaesthetics.com

•Written notice to business address

Failure to cancel within the required timeframe will result in automatic renewal and billing.

5.3 Payment Authorization & Card on File

Member authorizes Luxe Arte Aesthetics to securely store and charge their payment method for:

•Membership fees and renewals

•Services, products, and packages

•Cancellation and no-show fees

•Outstanding balances

Member agrees:

•To maintain valid payment information

•That declined payments do not waive financial responsibility

•Luxe Arte Aesthetics may reattempt failed payments

•Services may be suspended for unpaid balances

5.4 Chargebacks & Payment Disputes

Member agrees not to initiate a chargeback, reversal, or payment dispute with Member’s bank or card issuer for any charge authorized under this Agreement without first providing Luxe Arte Aesthetics at least fifteen (15) days written notice and a reasonable opportunity to resolve the dispute. A chargeback initiated in violation of this Section is a material breach of this Agreement. Member acknowledges and agrees that: (a) Luxe Arte Aesthetics will dispute all unauthorized chargebacks and provide the card network with a copy of this Agreement as evidence of Member’s authorization; (b) if a chargeback is found to have been filed in bad faith or in violation of this Section, Member shall be liable to Luxe Arte Aesthetics for the original charged amount plus a chargeback processing fee of $500.00 per disputed transaction (which the parties agree represents a reasonable estimate of the Company’s administrative costs and is not a penalty); and (c) repeated or bad-faith chargebacks may be reported to consumer credit agencies and referred to collection and/or legal counsel.

Member agrees to first contact Luxe Arte Aesthetics to resolve disputes.

Improper chargebacks may result in:

•Immediate termination of membership

•Collection actions

•Recovery of administrative, collection, and legal costs where permitted by law

5.5 Refund Policy

All fees, services, and memberships are non-refundable, except where required by law.

SECTION 6: ELECTRONIC SIGNATURE & CONSENT (E-SIGN ACT)

6.1 Electronic Signature Consent

Member consents to the use of electronic records and signatures in connection with this Agreement.

Member agrees that:

•Electronic signatures are legally binding under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act)

•This Agreement may be executed electronically and is enforceable as a signed written contract

•Records may be provided and retained in electronic form

6.2 Consent to Electronic Communications

Member agrees to receive communications related to:

•Membership terms

•Billing and renewals

•Policy updates

via email or other electronic means provided by the Member.

6.3 Withdrawal of Consent

Member may withdraw consent to electronic records by providing written notice; however, doing so may result in termination of membership if electronic processing is required.

SECTION 7: ACKNOWLEDGMENT

By signing below, Member confirms that they:

•Are at least 18 years old

•Have read and understand this Agreement

•Understand and accept automatic renewal terms

•Accept all risks associated with elective treatments

•Agree to all policies, including billing, dispute resolution, and the mandatory arbitration clause 4.7, and expressly waive the right to a jury trial, the right to file or participate in a class action, and the right to bring any claim in court except as provided herein.