TERMS AND CONDITIONS

1. Applicability.  
   
   1. This is Après Management, LLC Customer Terms and Conditions for services (these "Terms") and set forth important legally binding terms governing your “(Customer”) relationship in transactions with us ("Company"). Please review these Terms carefully and contact us if you have any questions regarding any of the content. If you do not agree to be bound by these Terms, you are not authorized to access, use or receive our services.
   2. Any invoices (the "Invoice") and these Terms (collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Invoice, these Terms shall govern, unless the Invoice expressly states that the terms and conditions of the Invoice shall control. You are responsible for paying the Invoice. Additional policies are posted on Company’s website, including how we use your data. 
2. BINDING ARBITRATION. The terms provide that all disputes between you and Company, including its affiliates, subsidiaries, employees, and parents, will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action. Please read Section 15 below for the details regarding your agreement to arbitrate any disputed with Ideal Image. 
3. Services and Expirations. Company shall provide the services to you as described in the Invoice (the "Services") in accordance with these Terms. The Services are elective procedures. You are responsible for your decision to obtain treatment from a health care provider. 
   
   1. Coolsculpting Expirations.  If you purchase a Coolsculpting treatment or package, it will expire 150 days after the first treatment for the purchased body area, even if the treatment is not completed. If you wish to continue treatment after the 150-day period, there will be an additional fee of $1,250 to complete the package.
4. Performance Dates. Company shall use reasonable efforts to meet any performance dates specified in the Invoice, and any such dates shall be estimates only. 
5. Your Obligations and Representations. You:
   
   1. shall cooperate with Company in all matters relating to the Services and agree to keep our health providers informed about your current medical history. 
   2. shall pay the amount listed in the Invoice using the payment method you selected. We require at least 48-hour advanced notice to reschedule or cancel any appointments or our then current fee will be charged to you. 
   3. agree that we may require a valid credit card or debt card to be placed on file to book your appointment(s); in such case, you will be required to keep the card current. You agree that we reserve the right to charge the card on file to satisfy any fees due under the Invoice, including, but not limited to, no show fees, cancellation fees, late fees, fees for insufficient funds, and fees incurred due to declined payment by any other credit sources. 
   4. agree you are 18 years old or older. If we learn you are under the age of 18, we have the right to terminate your Invoice immediately.
   5. agree that before any services are rendered by us, an Informed Consent and Authorization is required to outline treatment risks. You agree that we may cancel a service if the service requirements, as defined in the Informed Consent and Authorization, are not met to our satisfaction. You understand that the service requirements must be followed for each service date and in between services. 
   6. agree and understand that the Services are not an exact science that results are not guaranteed. You understand that purchase of additional Services may be necessary to achieve desired results. 
6. Additional Services. Any additional services or service areas are considered a new purchase at our then-current fees. Scheduling of additional services or service sessions are subject to and may be affected depending on other services or products you may have utilized or certain invasive procedures you may have recently undergone. 
7. Availability of Services. Company operates subject to state and federal regulations, and the services we provide may not be available in your state. We may modify the Terms and Conditions, change the type of services offered, future pricing, the type of equipment, locations, or products without advance notice.  
8. Not an Insurance Product. Company is not an insurer, nor does Company offer an insurance plan or product. The amounts you pay to us for any services are not insurance premiums. 
9. Termination. EXCEPT IN ACCORDANCE WITH THIS SECTION AND STATE LAW, ALL FEES FOR SERVICES ARE NONREFUNDABLE. All services are non-refundable except in limited circumstances which are listed on our website and may change at our discretion. We may terminate the services if your medical history changes, you misrepresent your identity, age, medical history, cause a disruption in clinic, or are under the influence of drugs or alcohol. We reserve the right to cancel your services or reschedule you without refund in these cases. 
10. Taxes. You shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by you hereunder.
11. Disclaimer of Warranties. COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES OFFERED, SOLD AND DISTRIBUTED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT. COMPANYDOES NOT WARRANT THIRD PARTY PRODUCTS FOR USE FOR ANY PURPOSE. ANY WARRANTY FOR ANY THIRD PARTY PRODUCT SHALL BE PROVIDED BY THE THIRD-PARTY SUPPLIER. YOU AND THE THIRD-PARTY ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIRD-PARTY PRODUCTS. EXCEPT AS SET FORTH ABOVE ALL PRODUCTS AND SERVICES PROVIDED BY COMPANY ARE PROVIDED “AS IS’ WITH ALL FAULTS, WITH NO REPRESENTATION OR WARRANTIES OF ANY KING OR WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
12. Claims Limitation. All claims relating to the services, or arising out of the relationship with Company or providers, employees, or affiliates, and the Terms and Conditions shall be made by written notice that must be received by the other party within one year from the occurrence of the facts given rise to such Claim. If the party fails to provide such written notice, the claim, and any rights thereunder are waived and shall be forever barred. 
13. Limitation of Damages. NO PUNITIVE OR EXEMPLARY DAMAGES ALLOWED BY LAW. READ THIS PROVISION CAREFULLY. IT WILL SERIOUSLY EFFECT ALL CLAIMS BETWEEN US.  The award rendered shall be final, and judgement may be entered upon it in any court having jurisdiction thereof. All Claims against each other for damages or other monetary relief, whether brought in small claims court or by arbitration, shall be limited to direct damages. That means, to the extent allowable under applicable law, neither party may claim, recover, and the parties hereby waive all right to, indirect, special, consequential, exemplary, or punitive damages. This limitation and waiver also applies if you bring a Claim against one of our suppliers, agents, or others in contractual privity or any other relationship, to the extent we would be required to indemnify the supplier, agent, or others for the claim. Reasonable attorneys’ fees and costs shall be awarded to the prevailing party. No Claim can be joined or consolidated with any other action or legal proceeding under the Terms and Conditions or otherwise. No Claim can be made as a private attorney general action or similar representative action, all such claims being waived and barred by the Terms and Conditions.
14. Waiver of Jury Trial. BOTH YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TERMS OR THE INVOICE OR UNDER ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION HEREWITH.
15. MANDATORY DISPUTE RESOLUTION AND ARBITRATION. READ THIS PROVISION CAREFULLY BECAUSE IT WILL SIGNIFICANTLY AFFECT ALL CLAIMS BETWEEN US. Any controversy or claim arising out of or relating to the Services or the Terms, or the breach thereof, including for the products and services performed by Company or its affiliates, parents, assigns, independent contractors, subsidiaries, or employees (“Claim”), shall be resolved by binding arbitration and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If a party’s claim is within the jurisdiction of small claims court, either party may choose to take the claim to that court instead of arbitration. You (as well as your agents, heirs, and assigns) agree to waive the right to a trial by jury. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. shall govern to the construction, interpretation, and enforcement of this provision, as well as to the confirmation of or appeal from any arbitration award. The parties shall agree to a single arbitrator chosen from the American Arbitration Association (“AAA”) roster of arbitrators using the Arbitrator Select List Only Process. Any Claim must be filed and heard pursuant to Section 22 herein. If the parties are unable to agree on an arbitrator, then the parties shall utilize the AAA Select List and Appointment Service. If those services are no longer available, then the parties shall use any other method offered by the AAA to appoint one. The arbitrator must have healthcare experience. The AAA Consumer Arbitration Rules shall apply except to the extent they are inconsistent with any terms of the Terms and Conditions in which case the terms of the Terms and Conditions controls. The parties shall keep all matters relating to the mediation and arbitration confidential, including the Award and evidence and statements made in the hearings, except as may be necessary to enforce the Award. Any resolution of any Claim shall take place on an individual basis without resort to any form of collective, class or representative action (the “Class Action Waiver”). THE CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM. Regardless of anything else in this provision, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. The Parties to the Terms and Conditions acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the Parties and is non-severable from the Terms and Conditions to arbitrate Claims. If the Class Action Waiver is limited, voided, or found unenforceable, then the Parties’ Terms and Conditions to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. THE PARTIES ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED OR PURSUED IN ANY COURT ACTION.
16. Waiver. No waiver by Company of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Company. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
17. Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of Customer to make payments to Company hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics, or explosion; or (c) government order, law, or action.
18. Assignment. Customer shall not assignor transfer any of its rights or delegate any of its obligations under this Agreement. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement. Company can assign this Agreement at any time without notice. 
19. No Third-Party Beneficiaries. Unless expressly stated in these Terms, nothing herein is intended to confer any right, obligations, duties or remedies on any person other than you and Company. Nothing in these Terms is intended to relieve or discharge the obligations of liability of any third persons to you and Company, nor shall any provisions give any third parties any right of subrogation or action over against you or Company.
20. No interpretation Against Drafter. The parties agree that there should be no construction of this Terms and Conditions against either party and that both parties shall be deemed to have drafted the Terms and Conditions.
21. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State in which the Services are provided (“State”), without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State.
22. Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State in each case located in the City of and County of where the Services were provided , and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
23. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

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