By agreeing to these terms and conditions, you, as Member, are confirming that you are at least eighteen (18) years of age and agree to abide by and accept the terms and conditions contained herein. The terms and conditions apply to your Membership with Dr. Jennifer Walden M.D., PLLC, inclusive of all affiliates, (collectively, the “Company”).

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 these terms and conditions 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 and conditions contained herein. 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.

Payment for Membership is due immediately for the first month. Membership dues will be automatically charged to the account provided by you monthly on a continuing basis for the term of Membership, unless the full year of Membership is paid in advance.

If the full year of Membership is paid in advance, then the annual Membership fee will be charged to the payment method on file upon renewal of the Membership term. You hereby authorize your bank, financial institution, or credit card lender to allow payments to be drawn from your provided account by the Company, as evidenced by your agreeing to these terms and conditions.

All payments due hereunder will be collected by Electronic Funds Transfer (“EFT”) and charged to the valid debit or credit card provided by you, which will be kept on file with the Company. You are 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.

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 Membership 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.

The Membership term is for a twelve (12) consecutive month period from the date you initially become a Member. You may cancel your Membership by providing written notice of cancellation to the Company within thirty (30) days of the expiration date of the current Membership term.

If notice is not provided, then the Membership term will renew automatically for an additional twelve (12) consecutive months annually until proper notice of cancellation is provided. The subsequent Membership term will be charged in the amount of the then current monthly Membership rate for the selected Membership Option.

If the annual fee is paid in advance for the initial Membership term, then the current annual rate for the selected Membership Option will be charged in full once the new Membership term begins. 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 should provide written notice of cancellation to the Company to receive a full refund of the first monthly Membership payment and your Membership will be cancelled with the Company. 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.

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.

You will no longer be obligated for future Membership fees and this Agreement will cancel upon the occurrence of the following: (1) you no longer reside within thirty (50) miles of a Company facility; (2) you become 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 (50) miles of your residence.

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 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 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 any person associated with the Company, including the owner(s), employees, representatives, independent contractors and agents or on Company premises. 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, Company’s, or other associated party’s negligence, including anyone on the Company premises for any reason.

You 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.

Representations and Warranties

By signing this Agreement, you confirm that you are at least twenty-one (21) years of age, have received a complete copy of these terms and conditions, agree to all terms and conditions contained herein, and 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 Travis 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 accepting 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.