Terms and Conditions AT DERMACARE MEDICAL AESTHETICS

DERMACARE AESTHETIC VAULT MEMBERSHIP

TERMS AND CONDITIONS

Updated: December 6, 2024

These Dermacare Aesthetic Vault Terms and Conditions (the “Aesthetic Vault Terms”) govern your access and use of the Dermacare Aesthetic Vault Membership (as defined below) provided by Lansara, Inc. d/b/a Dermacare Med Spa (“Dermacare”) via our website at www.dermacaresandiego.com, including any subdomain thereof (the “Site”). To make these Dermacare Aesthetic Vault Terms easier to read, the Dermacare Aesthetic Vault membership and the Site are collectively called the “Services”.

BY AGREEING TO THE DERMACARE AESTHETIC VAULT TERMS AND ELECTING TO PURCHASE A DERMACARE AESTHETIC VAULT MEMBERSHIP, YOU ACKNOWLEDGE THAT YOUR MEMBERSHIP REQUIRES A MINIMUM SIX-MONTH COMMITMENT AND INCLUDES AUTOMATIC RENEWAL FOR
ADDITIONAL SIX-MONTH TERMS UNLESS CANCELLED AS PROVIDED HEREIN. YOUR MEMBERSHIP IS BILLED MONTHLY, AND YOU ACCEPT RESPONSIBILITY FOR ALL PAYMENT OBLIGATIONS THROUGH THE END OF THE THEN-CURRENT TERM. FAILURE TO CANCEL AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF A TERM WILL RESULT IN AUTOMATIC RENEWAL FOR AN ADDITIONAL SIX-MONTH TERM. BY PURCHARING OR CONTINUING A MEMBERSHIP, YOU AGREE TO BE BOUND BY THESE TERMS

1. AGREEMENT TO DERMACARE TERMS AND OTHER INCORPORATED AGREEMENTS

By using the Services, you agree to be bound by these Aesthetic Vault Terms and other agreements incorporated into the consent to treat forms. To the extent there are any inconsistencies with respect to specific aspects of the Services between these Aesthetic Vault Terms and another agreement you enter
into with Dermacare, these Aesthetic Vault Terms shall take precedence in relation to the specific aspects of the Services to which they apply. You may use the Dermacare Aesthetic Vault Membership only if you are 18 years or older and capable of forming a binding contract with Dermacare and are not barred from using the Dermacare Aesthetic Vault Membership under applicable law.

2. DERMACARE AESTHETIC VAULT MEMBERSHIP SERVICES AND OFFERS

We offer an option at all our Dermacare Clinics where you can purchase a “Dermacare Aesthetic Vault Membership” (“Aesthetic Vault Membership” or “Membership”). You can take advantage of the Aesthetic Vault Membership as we make it available to you from time to time. The Aesthetic Vault Membership grants you access to certain services and products (communicated to you from time to time) at all our Dermacare Medical Aesthetic locations. The Aesthetic Vault Membership benefits are non-transferable and available to the member only.

We may add, remove, or otherwise change these Aesthetic Vault Terms and the list of services or products that you are eligible to receive with your Aesthetic Vault Membership from time to time in our sole discretion. Applicable changes will either be posted to these Aesthetic Vault Terms, or to the FAQs on our Site.

Available membership services and discounts cannot be exchanged for cash, credit, or gift cards. You can pay for services or products with your membership credits but they cannot be used to pay for your Aesthetic Vault Membership Fee. Membership may not be used in conjunction with any other discounts or promotions, Aesthetic Vault members may choose whichever discount or promotion is of greater value to them.

3. PURCHASE, PAYMENT, AND CANCELLATION OF AESTHETIC VAULT MEMBERSHIP

If you purchase an Aesthetic Vault Membership, you will be charged a membership fee plus any applicable taxes and charges (the “Aesthetic Vault Membership Fee”) at the beginning of your Membership and on a monthly basis thereafter during the term of your Membership (each, a “Billing Cycle”). Your Membership requires a minimum commitment of six (6) consecutive Billing Cycles and will automatically renew on month-to-month terms unless you cancel at least thirty (30) days before the end of the then-current term.

Your payment method on file will automatically be charged at the beginning of each Billing Cycle. If your membership payment does not process, you will have thirty (30) days to pay your Aesthetic Vault Membership Fee and update your payment method, during which time your Membership benefits will be suspended. If payment is not made within thirty (30) days, your Membership will be cancelled, and any unused credits will be retained as non-expiring store credit unless the remaining balance is less than $10. In that case, you may request a cash refund for the balance.

To cancel your Membership, you must email memberships@dermacaremedspa.com or visit a Dermacare Clinic at least thirty (30) days before the end of the then-current term. Cancellation will be effective at the end of the then-current term, and you will remain responsible for all Aesthetic Vault Membership Fees
through that date. Failure to cancel as required will result in automatic renewal for a monthly term, and you will be charged Aesthetic Vault Membership Fees for the renewed term. Upon cancellation, any unused credits will remain valid as non-expiring store credit. Membership discounts will no longer apply to your purchases after cancellation.

4. TERMINATION BY DERMACARE

Dermacare reserves the right to terminate your Membership at any time, for any reason or no reason, upon providing written notice via the Site or directly to your registered email address. In the event of termination by Dermacare, any unused credits will be retained as non-expiring store credit or refunded at Dermacare’s discretion, within thirty (30) days, unless the remaining balance is less than $10, in which case you may request a cash refund.

5. MEDICAL REPRESENTATIONS

By enrolling in the Membership, you represent and warrant that: (i) you have sought and obtained all necessary medical clearances or consultations to determine that you are a candidate for the procedures and services offered under the Membership; (ii) you have disclosed any relevant medical conditions or concerns to Dermacare’s staff prior to receiving any services; and (iii) you acknowledge and accept that the procedures and services offered carry inherent risks, including but not limited to side effects, adverse reactions, and complications.

6. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Dermacare, its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to your Membership, the Services, or any treatments or procedures provided under the Membership, including but not limited to adverse reactions or complications resulting from any services received, except to the extent such damages result from Dermacare’s gross negligence or willful
misconduct. By enrolling in the Membership, you acknowledge and agree that: (i) you assume full responsibility for understanding and accepting the risks associated with any treatments or procedures; (ii) Dermacare does not guarantee specific outcomes or results from the Services; and (iii) in no event shall Dermacare’s total liability exceed the amount you have paid for your Membership and Services in the twelve (12) months preceding the date of the claim.

7. ARBITRATION AGREEMENT & WAIVER OF CLASS ACTIONS

Any dispute, claim, or controversy arising out of or relating to these Aesthetic Vault Terms, the Membership, the Site, or the provision of Services by Dermacare, whether in contract, tort, or otherwise (each, a “Dispute”), shall be resolved exclusively through binding arbitration, except as otherwise provided herein.The parties agree that all Disputes shall be resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by this agreement. The arbitration
shall be conducted before a single arbitrator in San Diego, California. The Company shall bear the administrative and arbitrator fees, except that you shall be responsible for fees equivalent to the cost of filing a claim in California superior court. The arbitrator shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator may award any remedies that would otherwise be available to a party in a court of law, subject to the limitations set forth in these Terms. To the fullest extent permitted by law, you and Dermacare agree to resolve all Disputes on an individual basis only. You waive any right to participate as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a class or representative proceeding. Arbitration is a condition of the Aesthetic Vault Membership. If you choose to opt out of the arbitration agreement as set forth above, your Membership will automatically terminate, and any unused credits will be refunded or converted to store credit, at Dermacare’s discretion, within thirty (30) days of termination.
By continuing your Membership, you agree to resolve all disputes in accordance with the arbitration provisions in these Terms. Notwithstanding anything to the contrary in this section, either party may bring a claim in small claims court for Disputes that fall within the jurisdictional limits of such courts. Additionally, this arbitration agreement does not preclude you from seeking public injunctive relief in a court of law, to the extent required by California law.

8. WAIVER OF JURY TRIAL

To the fullest extent permitted by law, you and Dermacare expressly waive any right to a trial by jury in any action or proceeding arising out of or relating to these Terms, the Membership, the Site, or the provision of
services. This waiver is a material inducement for both parties to enter into these Terms and applies to all claims, whether sounding in contract, tort, or otherwise

9.FORCE MAJEURE

Dermacare shall not be held liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, acts of
government, labor disputes, power outages, or internet service disruptions.

10. AMENDMENTS

Dermacare reserves the right to modify these Terms at any time in its sole discretion. Material changes to these Terms will be posted to the Site or otherwise communicated to you directly at least thirty (30) days before taking effect. Changes will apply only to future use of the Membership or Services and will not have retroactive effect. By continuing to use the Membership or Services after such changes are communicated, you agree to be bound by the revised Terms. If you do not agree to any material changes, you may opt out
of the Membership without penalty by providing written notice to Dermacare before the effective date of the changes. Your continued use of the Membership or Services after the effective date constitutes acceptance of the revised Terms.

11. SEVERABILITY

If any provision of these Aesthetic Vault Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. To the extent permitted by law, the parties agree that any unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the parties’ original intent.

12. CONTACT INFORMATION

If you have any questions about the Aesthetic Vault Terms, please contact us at:memberships@dermacaremedspa.com