Updated 2-9-24

This Secret VIP Membership Agreement (“Agreement) is entered into by the undersigned “Member” and It’s a Secret Medspa, LLC, inclusive of all subsidiaries and affiliates (collectively, the “Company”).

By signing this Agreement, Member hereby declares that they are at least eighteen (18) years of age and agrees to abide by the terms and conditions of this Agreement with the Company during the terms of this Membership. This Agreement is Effective as of the date of signing below.

Membership

As a valued Member, Member will have the following VIP privileges throughout the twelve(12) month Membership term:

Complimentary services during the term of this membership:

  • Unlimited Botox & Dysport***
  • Unlimited Small-Area Laser Hair Removal***
  • 1 weekly Complimentary Liposhot or B12
  • 1 Complimentary Monthly Service from the following list:

Choose from the following services:

  • Hydrafacial***
  • Skin Tightening***
  • Chemical Peel***
  • Dermaplane***

Exclusive discounts during the term of this membership:

  • 15 % off all injectable services**
  • 20 % off all laser and aesthetic services**
  • 25 % off all retail purchases**
  • 40% off all other laser hair removal packages
  • Exclusive access to member-only promotions

**Exclusive discounts may not be combined with other Company promotions and will be provided on regular price of services and retail products only.

***Some restrictions apply.

Complimentary neurotoxins (Botox and Dypsort) include facial injections only. Specialty services like masseters and hyperhidrosis treatments are not included. Complimentary laser hair removal includes areas defined as small areas and requires one area to be treated to competition at a time.

Membership does not include: discounts for any party other than Member; access to facilities after hours; special appointment setting or scheduling; guarantees of appointment times and/or dates; guarantee that particular clinicians will be available to administer services; guarantee of specific results from any treatments; or any warranties for services.

Membership may not be transferred to any other person or entity at any time for any reason. The benefits of Membership will inure to the Member only during the active term of Membership. Company has the right to change any term of this Agreement at any time for any reason at its discretion, including services and discounts offered. Notice of change of terms will be provided to each Member within sixty (60) days of any changes made. Membership will continue in full force and effect regardless of any changes to the terms of this Agreement. Company reserves the right to change, add, or remove services and/or products available at its facilities and does not guarantee any particular service, treatment, or product will be available to Members or other clients.

Member agrees to and authorizes the Company to redeem Member’s third-party loyalty points awarded to Member for any service rendered under this Secret Membership Agreement, including but not limited to, Alle/Aspire Rewards.

Membership Fee

Member agrees to pay $3,289.00 for this twelve (12) month membership. Membership fee may be paid in twelve monthly installments at $299.00 per month or may be made in full on the effective date. Should Member choose to pay for the full twelve (12) month membership at once, Member will be provided a $299.00 discount.

Payment for Membership is due immediately for the first month. Membership dues will be automatically charged to the account provided monthly on a continuing basis for the term of this Agreement, unless the full year of Membership is paid in full at the time of signing this Agreement. If the full year of Membership is paid in advance (at the time of signing), then the annual Membership fee will be charged to the payment method on file upon renewal of the next term of the Agreement.

By signing this Agreement, Member, hereby authorizes their bank, financial institution, or credit card lender to allow payments to be drawn from my provided account by the Company, as evidenced by my signature below. All payments due hereunder will be collected by Electronic Funds Transfer (“EFT”) and charged to the valid debit or credit card provided by Member upon execution of this Agreement, which will be kept on file with the Company. Member is responsible for ensuring that the provided debit or credit card on file remains active and maintains the proper funds/open balance to cover the costs of the monthly Membership fees and for providing an updated payment method if the existing payment method is rendered unable to cover Membership fees for any reason. Should the debit or credit card initially provided upon execution of this Agreement decline, Member authorizes the Company to draw Membership fees from any other debit or credit card provided by Member on file. Failure to maintain a valid method of payment with the Company will constitute a default of this Agreement.

If EFT payment is declined or not honored for any monthly Membership charge, then the Company reserves the right to accelerate the unpaid Membership dues and demand payment in full for all pending monthly charges remaining in the Agreement term. A minimum charge of either $20.00 or if a lesser amount is required by state law, the maximum allowed by state law, will be added for all failed payments; this charge is subject to change at Company’s discretion.

Terms of Membership; Cancellation

The Membership term is for a twelve (12) consecutive month period from the effective date and will expire on the 12 month anniversary of the effective date. This Membership will automatically renew at the conclusion of the initial 12 month term on a month-to-month basis, unless Member provides Company at least 30 days notice prior to expiration of the initial term. The subsequent Membership term will be charged at the monthly rate of $299 per month.

The Company reserves the right to cancel any Membership at any time for any reason and will renew Memberships at its discretion. If you decide to cancel your Membership on or before midnight (12:00AM CST) of the third business day after agreeing to the terms and conditions herein (the “cooling off period”), then you must provide written notice of cancellation to the Company to receive a full refund of the first monthly Membership payment and your Membership will be canceled with the Company. If you cancel, any discounts for services that were rendered under your Membership may be retained by the Company from the Membership fee to be refunded if discounted services were provided within the three (3) business day “cooling off” period.

The company may cancel any Membership at any time for any reason without providing any refund for paid Membership fees. If you commit any of the following violations, it will be grounds for automatic termination of your Membership: (1) you provide false or misleading health history, health status, or other personal information; (2) you provide invalid or improper payment details in any respect; (3) you fail to provide updated payment information after one (1) EFT automatic payment failure within thirty (30) days of failed payment; or (4) you violate any other portion or requirement of these terms and conditions or you violate any other policy of the Company.

Member may also cancel this Agreement upon the occurrence of the following: (1) Member no longer resides within thirty (30) miles of a Company facility; (2) Member becomes physically incapable of (according to a physician’s written medical opinion that can be provided to the Company) traveling to a Company facility or receiving cosmetic medical treatments; or (3) the Company facility closest to your residence permanently closes for business and no other Company facility is located within thirty (30) miles of your residence.

If Member desires to cancel the membership asserting that the closest Company facility is more than thirty (30) miles from Member’s current address, the burden of proof is on the Member to show proof that the Member’s current residency is more than thirty (30) miles from the nearest Company facility by presenting (a) a current lease, mortgage or deed; (b) a current, valid, governmental identification card or passport showing Member’s current address; or (c) a copy of a utility bill issued in the name of the Member and showing the Member’s current address. The utility bill must be issued no more than thirty (30) days prior to the date Member makes the request to cancel the Membership. The documentation must show the Member’s current address is located more than thirty (30) miles from the closest Company facility according to Google Maps.

Waiver; Liability Release

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, YOU HEREBY WAIVE, COVENANT NOT TO SUE AND RELEASE ANY AND ALL CLAIMS WHICH MAY BE BROUGHT BY YOU OR YOUR 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 YOUR PROPERTY OR YOUR PERSON INCLUDING BUT NOT LIMITED TO PHYSICAL PAIN, MENTAL ANGUISH, MEDICAL EXPENSES, DISFIGUREMENT, AND PHYSICAL IMPAIRMENT, DEATH OR OTHER PERSONAL INJURIES 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 AND/OR PRODUCTS ADMINISTERED BY THE COMPANY, PRODUCTS YOU 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 YOUR NEGLIGENCE, THE NEGLIGENCE OF THE COMPANY OR THE NEGLIGENCE OF ANY PERSON ASSOCIATED WITH THE COMPANY, INCLUDING THE OWNER(S), EMPLOYEES, REPRESENTATIVES, INDEPENDENT CONTRACTORS AND AGENTS OR ON COMPANY PREMISES.

INDEMNIFICATION AGREEMENT

YOU 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 YOUR NEGLIGENCE, COMPANY’S NEGLIGENCE, OR OTHER ASSOCIATED PARTY’S NEGLIGENCE, INCLUDING ANYONE ON THE COMPANY PREMISES FOR ANY REASON.

YOU UNDERSTAND AND AGREE THAT THIS WAIVER AND RELEASE AND INDEMNIFICATION AGREEMENT OF LIABILITY IS MEANT TO BE INTERPRETED BROADLY AND INCLUDE ANY AND ALL POTENTIAL PAST, PRESENT, AND/OR FUTURE CLAIMS.

Representations and Warranties

By signing this Agreement, you confirm that you are at least eighteen (18) years of age; you have received a complete copy of these terms and conditions; you have fully read and understood all of the terms and conditions herein; you agree to all terms and conditions contained herein; and you acknowledge the Company has not provided any express or implied warranty or representation other than those contained herein. You also confirm that you are in good physical condition and are physically capable of receiving cosmetic medical services from the Company. You acknowledge that the Company does not and will not provide any medical advice or diagnosis and will only perform cosmetic medical procedures.

Governing Law; Severability; Venue

These terms and conditions and all related documents, and all matters arising out of or relating to these terms and conditions, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas, (including its statutes of limitations), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. Any action by either party relating to this agreement must be brought in Collin County, Texas. If any term, covenant, or condition of these terms and conditions are found to be invalid and/or unenforceable, the remainder of the terms and conditions will be valid and enforceable to the fullest extent of the law of the state of Texas.

Entire Agreement

This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Member and Company with respect to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter. The Member and the Company (collectively, the “Parties,” and separately, “Party”) have not relied on any statement, representation, warranty, or agreement of the or of any other person on such Party’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement.

By your signature, you attest that you accept these terms and conditions, you assert that you are of sound mind, understand all provisions, and will abide by all terms and conditions herein contained.