Membership Terms & Conditions

Included in the Membership: Monthly membership fees will be accrued (on the same day of each month moving forward) toward the purchase of future full-priced aesthetic treatments and/or instore retail products (nonrefundable, but does not expire) at a discount of 10% off.

*VI PEEL SPECIAL OFFER TERMS: Offer valid for new Glow Fund Me members only. To qualify, you must enroll in a membership plan and remain active through December 31, 2025. The free VI Peel ($349 value) may be scheduled at any time after enrollment. Membership benefits and perks are only available while actively enrolled. Offer cannot be combined with other promotions or applied to previous purchases. Other terms and conditions may apply.

*All medical treatments are subject to patient suitability following an in person consultation by an authorized highly-trained provider. Discounts and benefits cannot be combined with other promotions or discounts or transferred. Not applicable for any online purchases.

I, the undersigned (“Member”), agree to subscribe to the services set forth above according to the terms of this Membership Agreement effective as of the first date provided above (“Effective Date”), which includes any other written policies of AesthetiCare Medspa (“Practice”) as they may be updated from time to time (“Agreement”). I represent and warrant to Practice that all information provided by or on behalf of me in connection with this Agreement is true and correct.

1. Subscription. You acknowledge and agree that you are subscribing to the membership plan (“Membership”) according to the terms of this Agreement (you and Practice, each a “Party”, collectively, the “Parties”) on the Effective Date provided above. Practice reserves the right to change certain terms and conditions, including prices, from time to time.  However, any change in pricing will not be effective until the next Term (defined below). Member benefits and promotions are for the use of the Member only unless expressly provided otherwise.
2. Medical Clearance. You acknowledge and agree that receiving medical treatments under your Membership is subject to the appropriate medical provider’s determination that you are medically suitable for the services or treatments offered by Practice under the Membership.
3. Registration. Upon registration with Practice’s online membership registration, you agree to provide current, accurate, and complete information required to register for Membership above, and at other points as may be required in the course of your Membership (“Registration Data”). You agree to maintain and update your Registration Data as required to keep it current, accurate, and complete. You agree that Practice may store and use the Registration Data in maintaining your Membership.
4. Terms, Payments & Termination.
   1. Payment Terms.  Upon joining Membership, you will be required to pay the first month’s Membership Fee. Your monthly Membership Fee will be due and automatically continue on a month-to-month basis, on the first of each month throughout the Term until the Membership is canceled in accordance with this Agreement.
   2. Automatic Payments. Practice will charge or debit the Membership Fee on the same day of every month for the duration of the Term. You authorize Practice to charge the credit card, debit card, or account you have specified in during registration, which you may update from time to time in writing, to Practice or through your Registration Data. You understand that Practice may continue to charge your account or cancel your Membership in accordance with the terms and conditions of this Agreement. You agree to pay Practice the membership fees according to the plan selected. Your acceptance of this Agreement indicates your agreement to be bound by the terms and conditions of this Agreement.
   3. Notice of Change; Failure of Payment. You must notify Practice of any change in billing address on file, contact, credit card, debit card, or account information, but updating your Registration Data. If a method of payment is declined or an automatic payment does not go through, you must contact Practice within that billing cycle to provide a new form of payment, otherwise your Membership will be suspended until a valid form of payment is provided. Members who have an outstanding balance will not be able to schedule appointments or receive any services by Practice until payment is received by Practice. Subject to applicable law, membership fees are non-refundable.
   4. Term.  Your Membership will commence on the Effective Date and extend for a period of 1 month (“Initial Term”). Unless otherwise terminated, your Membership will automatically renew for successive one-month (1) periods following the end of the Initial Term. The Initial Term plus any renewals is defined as the “Term”.
   5. Termination.  Your Membership is nontransferable and non refundable.  In the event you wish to cancel your Membership after completion of the Initial Term, you must provide Practice notice of your intent to cancel this Agreement in writing, in person, or via phone at least 5 days prior to the next billing cycle. No refunds will be given for any remaining unused services. Practice reserves the right to immediately terminate this Agreement at any time and for any reason at its sole discretion.
   6. Early Termination Fee. In the event you wish to cancel your Membership during the Initial Term, Practice reserves the right to charge the monthly Membership Fees due for the remaining months of the Initial Term.
   7. Discounts. Your Membership discounts cannot be used to purchase gift cards under any circumstances.
   8. Miscellaneous. Practice retains the right to modify, add, or remove any services, treatments, or products available to you under your Membership at any time at its sole discretion. If Practice changes the terms of the Membership, notice of such change will be provided to you within [30] days of any change made.
5. Entire Agreement. This Agreement and Practice’s written policies, as they may be updated from time to time, contain the entire understanding of the Parties with respect to the subject matter of this Agreement and supersede all previous verbal and written agreements between the Parties with respect to the subject matter of this Agreement.
6. Assignment. This Agreement, and any rights or obligations in this Agreement will not be assigned by you without the prior written consent of Practice. Any attempt to assign or transfer this Agreement other than in accordance with this provision will be null and void. Subject to the forgoing, this Agreement and its terms and provisions inure to the benefit of and are binding upon the Parties and their respective successors, heirs, personal representatives, and assigns. Practice may assign this agreement and will provide notice to you.
7. Rules of Construction. Neither Party will be deemed the drafter of this Agreement despite the possibility that one Party or its representatives may have prepared the initial draft or played a greater role in the preparation of subsequent drafts. In construing this Agreement, no provision will be construed in favor of one Party on the ground that such provision was drafted by the other Party. If any claim is made by a Party relating to any conflict, omission, or ambiguity in the provisions of this Agreement, no presumption, burden of proof, or persuasion will be implied because this Agreement was prepared by or at the request of either Party or its counsel. The headings and captions of this Agreement are inserted for reference convenience and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision of this Agreement. Unless otherwise provided, the words “include(s),” “included,” or “including” do not limit the preceding words or terms. Pronouns in this Agreement refer to the masculine, feminine, neuter, singular or plural as the context will require.
8. Waiver. The failure of either Party to insist in one or more instances upon performance of any terms of this Agreement will not be construed as a waiver of future performance required by the term.  No term of this Agreement may be waived except by written consent of the waiving Party. All remedies, rights, undertakings, and obligations contained in this Agreement will be cumulative and none of them will be in limitation of any other remedy, right, undertaking, or obligation of a Party.
9. Severability. The provisions of this Agreement are severable. The invalidity, in whole or in part, of any provision of this Agreement will not affect the enforceability of any other provisions.  If one or more provisions of this Agreement are declared unenforceable, the remaining provisions will be enforceable and will be construed in the broadest possible manner to effectuate the purposes of this Agreement.
10. Indemnification. YOU WILL INDEMNIFY, DEFEND, AND HOLD PRACTICE, ITS OWNERS, MANAGERS, EMPLOYEES, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL DIRECT AND THIRD PARTY CLAIMS AND LOSSES ARISING FROM OR ATTRIBUTABLE TO YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER AGREEMENTS MADE UNDER THIS AGREEMENT.  The Indemnitee will give you written notice of any Claim for which indemnification is sought. However, failure to provide such notice will not relieve you from your liability or obligations under this Agreement, except to the extent you are materially prejudiced as a direct result of such failure. The Indemnitee will cooperate with you at your expense in connection with the defense and settlement of the Claim. You may not settle any indemnified Claim in a manner that adversely affects the Indemnitee without its prior written consent. Further, the Indemnitee may participate in the defense of the Claim through counsel of its own choosing at its own cost and expense. If you fail to promptly assume the defense and employ counsel reasonably satisfactory to Indemnitee, or the Indemnitee has been advised by counsel that there exist actual or potential conflicting interests between you or your counsel and such Indemnitee, the Indemnitee may employ separate counsel, in addition to local counsel, to represent or defend such Indemnitee in such action or proceeding, and you agree to pay the fees and disbursements of such separate counsel as incurred. To the extent indemnification requires the payment of monies owed, such indemnification will occur as soon as reasonably possible after the determination of monies owed, and payment to the Indemnitee will be made within 30 days of a final determination of monies owed. Your obligations under this Section are in addition to any rights that any Indemnitee may have at common law or otherwise.
    1. Defined Terms.
       1. “Claim” means each and every claim, request, accusation, allegation, assertion, complaint, petition, demand, suit, action, proceeding, and cause of action of every kind and description.
       2. “Indemnitee” means Practice, its affiliates, and its and their respective officers, directors, shareholders, managers, members, agents, employees, representatives, successors, and assigns.
       3. “Loss” means each and every liability, loss, damage, and injury (including injury or damage to any property right, and injury, damage, or death to any Person), wound, wrong, hurt, harm, expense, deficiency, diminution in value, obligation, expenditure and disbursement of any kind or nature (including all fees, costs, and expenses of investigation, travel expenses, and value of time expended by personnel), settlement, fine, fee, cost, cost of court, and all expenses of litigation (including reasonable attorneys’ fees) incident to any of the foregoing.
11. Governing Law. This Agreement, and all Claims (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution, or performance of this Agreement, including any Claim based upon, arising out of, or related to any representation or warranty made in or in connection with this Agreement, or as an inducement to enter into this Agreement), will be governed by, and enforced in accordance with, the internal laws of the state of Minnesota without giving effect to any laws, rules or provisions of the state of Minnesota that would cause the application of the laws rules or provisions of any jurisdiction other than the state of Minnesota, including its statutes of limitations, without regard to any borrowing statute that would result in the application of the statute of limitations of any other jurisdiction.
12. Binding Arbitration. Upon the advice, consent, and/or the opportunity to seek legal advice, in exchange for the benefits of the speedy, economical, and impartial dispute resolution of arbitration, each Party chooses to waive their right to resolution of any controversy, dispute, or claim arising out of or relating to this Agreement (“Dispute”) in a court of law by judge or jury, and instead elect to treat their Disputes, if any, pursuant to the Commercial Arbitration Rules (“Rules”), as then in effect, of the American Arbitration Association (“AAA”), in accordance with this Section 1.12.
    1. Each of the Parties expressly agrees that any Dispute will be settled by a confidential, final, and binding arbitration in the AesthetiCare Medspa county (“County”) administered by AAA pursuant to the Rules, as modified by this Section 1.12. For the avoidance of doubt, the Parties express agree that any Dispute about the enforceability of this Section 1.12 or whether a Dispute is subject to this Section 1.12, will be resolved by arbitration. The Parties waive to the fullest extent permitted by law any rights to appeal or to review of the arbitration award by any court or tribunal. The Parties consent to exclusive jurisdiction of, and agree that sole venue will lie in, any state or federal court sitting in the County for any allowable judicial proceeding relating to any arbitration under this Agreement, including entry of a judgment on the arbitration award.
    2. The Parties desire and agree that any arbitration proceedings will be conducted before an arbitrator to be selected pursuant to the Arbitration Rules of the AAA (“Arbitrator”) as expeditiously as possible and acknowledge that expeditious arbitration is in the interest of the Parties.
    3. Each of the Parties expressly agrees to bring any Disputes in arbitration on an individual basis only, and not on a class or collective basis. Accordingly, no Party shall bring, nor shall the arbitrator preside over, any form of class or collective proceeding. In addition, unless all Parties agree in writing otherwise, the arbitrator shall not consolidate or join the arbitrations of any party. Neither Purchaser nor any of the Seller Parties may seek, nor may the arbitrator award, any relief that is not individualized to the claimant.
    4. The Parties will maintain the confidential nature of the arbitration proceeding, except as may be necessary in connection with a court application for a preliminary remedy, a court action to challenge or enforce the arbitration award, or as otherwise required by law or judicial decision. The Parties further agree that the Arbitrator will render the arbitration award in writing and explain the decision, which will not include any Confidential Information.
    5. Notwithstanding anything to the contrary in this Section 1.12, a party may file an action in any state or federal court sitting in the County to obtain provisional injunctive or equitable relief to prevent immediate and irreparable harm and to ensure that the relief sought by the aggrieved party is not rendered ineffectual pending the arbitration. Each Party waives any defense of inconvenient forum to the maintenance of any action so brought and waives any bond, surety, or other security that might be required of any other Party with respect to such defense. Any Party may make service on any other Party by sending or delivering a copy of the process to the party to be served at the address and in the manner provided for the giving of notices in Section 1.15. Nothing in Section 1.15, however, will affect the right of any Party to serve legal process in any other manner permitted by law or at equity. For the avoidance of doubt, in the event of a conflict between this Section 1.12 and the Arbitration Rules, this Section 1.12 controls.
    6. WAIVER OF TRIAL BY JURY. BY AGREEING TO BINDING ARBITRATION UNDER THIS SECTION 1.12, EACH PARTY ACKNOWLEDGES AND AGREES THAT IT IS EXPRESSLY WAIVING ITS RIGHT TO TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.
13. Legal Costs and Expenses. In the event that any suit or legal proceeding is instituted concerning or arising out of the Agreement, the substantially prevailing Party will be entitled to all of such Party’s costs, including, without limitation, the court costs and reasonable attorneys’ fees incurred in each and every such action, suit or proceeding, including any and all appeals.
14. Notices. All notices required or permitted under this Agreement will be in writing (including electronic form) and will be delivered to the address set forth by each Party in this Agreement, or to such other Party and/or address as any of the Parties may designate in a written notice served upon the other Party.  Each notice will be given and will be effective: (a) if delivered by hand, when so delivered; (b) if delivered by nationally recognized overnight courier service or sent by United States Express Mail, upon confirmation of delivery; (c) if delivered by certified or registered mail, on the third following day after deposit with the United States Postal Service; (d) if delivered by facsimile, upon confirmation of successful transmission; or (e) if delivered by email, upon confirmation of receipt by the other Party in writing by return email.
15. Survival. All provisions which must survive in order to give effect to their meaning will survive any expiration or termination of this Agreement, including without limitation all of your representations, warranties and indemnification obligations, which will survive this Agreement for the greater of 4 years or expiration of the applicable statute of limitations plus 60 days. Sections 1.05 through 1.16 of this Agreement will survive indefinitely.
16. Counterparts.  This Agreement may be executed in any number of counterparts. This Agreement may be executed by facsimile signature or any electronic signature complying with the U.S. federal ESIGN Act of 2000 (e.g., www.docusign.com).