Liability Waiver

RELEASE AND WAIVER OF LIABILITY

I have read and understand this waiver and have been fully informed of all BeautyFix Medical Spa terms and conditions as well as benefits and limitations. I certify that I have disclosed all medical conditions that might affect my treatments as well as previous products and services used and their side effects, if any. Dr. Steve Fallek or authorized staff of Beauty FX Spa Inc and BF Townhouse LLC (collectively referred to as “BeautyFix” disclaims liability for any loss, injury, claim or damage related to your use of its products and services, including without limitation, those resulting from errors or omissions, a site or application being down, data loss, and unsatisfactory aesthetic outcomes. BeautyFix. will not be liable to you for any indirect, incidental, consequential, reliance or special damages, including without limitation damages arising from any court action or legal dispute. In no event shall the aggregate liability of BeautyFix, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of BeautyFix’s products or services, exceed any compensation paid by you for treatment by BeautyFix during the three months prior to the date of any claim. I release my providers from any injury or complication resulting from undiagnosed medical conditions present during my treatment. I assume all responsibility for updating changes in physical and mental condition.

INDEMNIFICATION

You will indemnify and hold harmless Dr. Steve Fallek or authorized staff of Beauty FX Spa Inc and BF Townhouse LLC (collectively referred to as BeautyFix) and its officers, agents, employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any of BeautyFix’s products and services

Please note our Cancellation Policy: In the event of a no-show or cancel/reschedule your appointment less than 24 hrs in advance, we charge a $100 fee to the card on file or apply the booking deposits made on the account towards this fee. It’s important to respect the time of both our patients and staff and your understanding in this matter is greatly appreciated!

If you arrive more than 15 minutes late for your appointment, you may be required to reschedule to avoid disrupting the appointments of other patients.

There are no exceptions to these policies.

CANCELLATION POLICY

If you arrive more than 15 minutes late for your appointment, you may be required to reschedule to avoid disrupting the appointments of other patients.

There are no exceptions to these policies.

TEXT MARKETING

With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

Purchase Policy

All sales are considered final, but BeautyFix reserves the right, at their sole discretion, to refund all or part of a sale on a case-by-case basis.

Terms & Conditions:

TERMS AND CONDITIONS OF USE

1. INTRODUCTION These Terms and Conditions of use are an agreement between you (“Customer,” or “you” or “your”) and Dr. Steve Fallek or authorized staff of Beauty FX Spa Inc and BF Townhouse LLC (collectively referred to as “BeautyFix,” or “we,“ “us” or “our”). By using any of our products and services, you agree that you are at least 18 years old, legally able to enter into a contract, and have read and consented to this agreement. We plan to update this Agreement from time to time, so please check back regularly. All updates are effective immediately when we post them, and apply to all access to and use of BeautyFix.’s products or services thereafter.

2. DESCRIPTION OF BEAUTYFIX. BeautyFix. is a medical spa that offers aesthetic services that include but are not limited to laser, injectables and other cosmetic skin and body treatments.

3. VALIDITY OF ELECTRONIC SIGNATURES BeautyFix. uses electronic signatures in the course of doing business that are valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. Erasable Inc. does not authenticate users’ signatures or identities.

4. PAYMENTS

4.1 Payment. Customer must pay fees according to the payment terms specified at the time services are ordered

4.2 Failure to Pay. If Customer fails to pay, BeautyFix may, in its sole discretion, terminate, suspend or restrict provision of its products and services. We may charge interest at a monthly rate equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any overdue fees, from the due date until the date any overdue amount (plus applicable interest) is paid in full.

4.3 Disputes. If Customer believes in good faith that BeautyFix. has incorrectly billed Customer, the Customer must contact BeautyFix. in writing within 30 days of the billing date, specifying the error. Unless Customer has notified BeautyFix. of the dispute, Customer must reimburse BeautyFix’s reasonable collection costs (including attorney’s fees). Customer must pay the undisputed portions of BeautyFix ’s invoice as required by this Agreement.

4.4 Taxes. Prices do not include applicable taxes. BeautyFix will invoice Customer for any applicable taxes, and Customer must pay these taxes.

4.5 Delivery. BeautyFix’s products and/or services are deemed to be delivered and accepted upon payment.

4.6 Refunds. All sales are considered final, but BeautyFix reserves the right, at their sole discretion, to refund all or part of a sale on a case-by-case basis.

4.7 Other Promotions. We may run promotional offers from time to time, the terms of which are promoted on our website or in emails. Promotions may not be combined. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.

5. YOUR RELATIONSHIP WITH BEAUTYFIX. BeautyFix is a medical spa designed to offer a variety of elective cosmetic procedures and customers engage BeautyFix’s products and services by choice. Products and services require customer disclosure of potentially harmful medical issues. Failure to disclose potentially harmful medical issues can result in unwanted side effects that you agree BeautyFix shall not be held liable.

6. YOUR PRIVACY Protecting your privacy is very important to us. Please review our Privacy Policy, which explains how BeautyFix treats your personal information and protects your privacy.

7. FEEDBACK We may provide you with a mechanism to provide feedback, suggestions, and ideas on our products and services. You grant us the irrevocable right to use your feedback and incorporate your suggestions into our products and services without any obligation to provide attribution or compensation to you or any third party.

8. LIABILITY DISCLAIMER

I have read and understand this waiver and have been fully informed of all BeautyFix terms and conditions as well as benefits and limitations. I certify that I have disclosed all medical conditions that might affect my treatments as well as previous products and services used and their side effects, if any. BeautyFix disclaims liability for any loss, injury, claim or damage related to your use of its products and services, including without limitation, those resulting from errors or omissions, a site or application being down, data loss, and unsatisfactory aesthetic outcomes. BeautyFix will not be liable to you for any indirect, incidental, consequential, reliance or special damages, including without limitation damages arising from any court action or legal dispute. In no event shall the aggregate liability of BeautyFix, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of BeautyFix’s products or services, exceed any compensation paid by you for treatment by BeautyFix during the three months prior to the date of any claim. I release my providers from any injury or complication resulting from undiagnosed medical conditions present during my treatment. I assume all responsibility for updating changes in physical and mental condition.

9. INDEMNIFICATION You will indemnify and hold harmless BeautyFix and its officers, agents, employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any of BeautyFix’s products and services or your violation of these Terms of Service.

10. MODIFICATION OF THESE TERMS OF SERVICE We reserve the right to modify these Terms of Service. You agree that your use of BeautyFix’s products and services after a modification will be treated as acceptance of the modified Terms of Service.

11. CONTACT US By email: customerservice@beautyfixmedspa.com

12. MISCELLANEOUS

12.1 Choice of Law, Jurisdiction & Venue. You agree that any disputes with BeautyFix. arising from or connected to your products and/or services at BeautyFix will be governed by the laws of the state of New York, that New York courts will have exclusive jurisdiction over any such disputes, and that New York NY will serve as the venue.

12.2 Headings for Convenience Only. The headings of sections and sub-sections in this Agreement are for convenience only and are not intended to affect the meaning of the Agreement.

12.3 Entire Agreement. This Agreement, along with invoices, sales orders or other purchase-related communication, is the entire agreement between you and BeautyFix. with respect to your use of BeautyFix and its products and services. We reserve any rights not expressly granted here.

12.4 Non-Waiver. No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

12.5 Severability. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

PRIVACY POLICY

Protecting your personal information is important to us. This Privacy Policy applies to the products and services of Dr. Steve Fallek or authorized staff of Beauty FX Spa Inc and BF Townhouse LLC (collectively referred to as “BeautyFix,” or “we,“ “us” or “our”” for the rest of this agreement) on all platforms and media (including the website beautyfixmedspa.com, our mobile website, apps, emails, and agreements. By interacting with BeautyFix you consent to this Policy.

WHAT INFORMATION DOES BEAUTYFIX COLLECT ABOUT ME?

The information we collect about you falls into one of two categories, personally identifiable or non-personally identifiable. Personally Identifiable Information. Before receiving treatment or a consultation, medical history information will be collected and as a result you will provide us with personal information that is linked to you specifically (“Personally Identifiable Information”). This can include: • Personal contact information (name, email address) • Professional information (company name, position/title) • Your birthday • Your location • Medical History Non-Personally Identifiable Information. We may also collect the following data that is not linked to you specifically: • Traffic Data. We use a number of internal and third-party tools to recognize visitor data like IP addresses, browser settings and operating systems. We track how often web pages and videos are viewed and the sources of our traffic. We employ Google Analytics Demographic and Interest Reporting, through which Google provides us with general demographic information (like age, gender and affinity categories) about visitors to our website. You can opt out of Google sharing this information at www.google.com/settings/ads. • Email Effectiveness Data. We may collect aggregated data about how often the emails we send out are opened and any links in them are clicked. • Cookie Data. We may use cookies, which are small pieces of data we place on visitors’ computers to track the web pages they visit before and after coming to our website. We may also use cookies to track the pages they view and the links they click on within BeautyFix’s website. • App Referral and Download Data. We may use internal and third-party tools to determine which sites or emails referred visitors to download the BeautyFix Inc. mobile application. • In-App Behavior. We may use internal and third-party tools to gather information about users’ behavior inside our mobile application, such as how much time users spend in the app as well as the frequency and duration with which they use particular features and view particular screens. BeautyFix. DOES NOT STORE CREDIT CARD INFORMATION Payment for BeautyFix’s products and services are processed by Mindbody. Please consult Mindbody’s Security Policy for more information.

HOW DOES BEAUTYFIX USE AND SHARE MY INFORMATION?

We use the information we collect from you to communicate with you, provide you with our services, and improve those services. For example, we may use your email address to send you reminders about appointments. We may analyze our users’ agreement-related data for purposes like refining the content of our forms. BeautyFix Inc. will not share your Personally Identifiable Information with third parties for the purpose of marketing their products without your prior consent. For example, we do not sell our email lists. But we may share your Personally Identifiable Information with companies that provide us with support services (like our email providers) or that help us analyze or market our own products and services. We share this information only if these companies require such information to perform their functions. We do not authorize these companies to use your Personally Identifiable Information for any other purpose. BeautyFix Inc. will share your Personally Identifiable Information with the appropriate authorities if we believe in good faith that doing so is required by law or court order, to protect our rights or property, or to protect the safety of our users or the public. Additionally, if BeautyFix Inc. or substantially all of BeautyFix’s assets are acquired, or if BeautyFix Inc. goes out of business or enters bankruptcy, user information, including Personally Identifiable Information, may be one of the assets that is transferred to or acquired by a third party. As for non-Personally Identifiable Information, which is not linked to you specifically, we may share it with third parties for various purposes. For example, we may share information with third parties about the number of registered users and unique visitors to our website, or about the types of BeautyFix Inc. treatments that are most often requested.

CAN I OPT OUT OF BEAUTYFIX USING MY PERSONALLY IDENTIFIABLE INFORMATION?

We can’t provide you with our core service without you providing us with some Personally Identifiable Information.

CAN I OPT OUT OF EMAILS FROM BeautyFix.?

You can opt out of emails from BeautyFix while maintaining an active account by adjusting that option in your profile.

IS MY INFORMATION SECURE?

We strive to maintain the safety of your information. For example, your information is transmitted via Secure Socket Layer (SSL) technology and access to your account information requires a password. You must keep your password confidential. Unfortunately, no internet-based service is completely secure. We cannot guarantee that any confidential or Personally Identifiable Information you share while using BeautyFix Inc. is maintained at adequate levels of protection to meet your specific needs or obligations. We assume no responsibility for unauthorized access to your information.

HOW DO I DEACTIVATE MY ACCOUNT? Should you ever decide to deactivate your BeautyFix Inc. account, you may do so by emailing us at customerservice@BeautyFixmedspa.com. Upon deactivation, you will no longer be able to access your account. Your information and data will remain on Mindbody’s secure servers.

OUR POLICY TOWARDS CHILDREN

BeautyFix is intended only for individuals 18 and above. We do not knowingly collect Personally Identifiable Information from children under the age of 13. If you are under 13, please do not provide us with any Personally Identifiable Information. If we learn that we have collected Personally Identifiable Information from a child under 13, we will take steps to promptly delete the information.