MEMBERS ONLY MEDSPA, LLC TERMS AND CONDITIONS
Updated as of: 05-23-2024
These terms and conditions of use (“Terms”) govern your use of our online interfaces and properties (e.g., websites and the Member Portal) owned and controlled by Members Only MedSpa, LLC, doing business as “MO MedSpa”, (the “Company”), including the www.momedspa.net website (the “Site”) and the Member Portal (the “MO Portal”), as well as the services (“Services”) available to users through the Site and/or MO Portal. The professional aesthetic services are referred to in this Terms of Use as the “Services”. The terms “Member”, “you” and “your” means you, your dependent(s) if any, and any other person accessing your Members Only MedSpa, LLC information.
Your acceptance of, and compliance with, these Terms is a condition to your use of the Site and Services. By clicking “accept” or by agreeing to begin a membership, you acknowledge that you have read, understood, and accepted all terms and conditions contained within these Terms and the Notice of Privacy Practices. If you do not agree to these terms, you are not authorized to access or use this Site, the MO Portal or Services. Please exit this Site immediately.
I. Notice of Privacy Practices
You agree that information provided by you in connection with the Services and Site shall be governed by the Notice of Privacy Practices, which is hereby incorporated and made a part of this Agreement.
II. Initial Assessment Notice
You will be attended to by a medical professional who will perform a face and body assessment, check your general medical conditions, ask about any medications you are presently taking, and discuss with you the specific concern(s) for which you have contacted the MedSpa. Please be as specific as possible in your responses. Our staff need accurate information in order to ensure safe recommendations for your treatments.
If your questions are outside the scope of practice of the Company, you will be recommended to seek evaluation with a local medical provider. In an emergency situation, the staff members of the Company reserve the right to contact local emergency response personnel to have you evaluated in person. The Company will not be responsible for any resulting fees.
III. Billing and Payment Agreement
You agree to provide through the MO Portal, and to keep on record, valid credit card information for automatic and incidental payments of services and items; including, but not limited to, the following:
- Member activation fee
- Monthly membership fee
- Purchased products
- Purchased a la carte treatments not included in your monthly membership
The monthly membership fee will be automatically charged to the credit card you have provided for the amount that reflects the membership level you have selected.
Products and additional services/treatments purchased will be charged to the credit card on file immediately upon confirmation of the purchase by the Member through the portal.
Some treatments may require additional fees to cover the cost of non-reusable items or supplies. Any additional fees will be discussed prior to the treatment must be paid for prior to the start of treatment. Failure to do so may result in canceling or rescheduling of treatment.
IV. Membership
Members Only MedSpa has membership plans available for both medical spa services as well as weight loss services. Members have the ability to activate membership, change membership levels or cancel membership at any time and at their own discretion through the MO Portal or by contacting the spa directly.
Trial Membership
Once a prospective Member has signed up to receive their first treatment or consultation, they are automatically assigned a Trial Membership. This Membership level establishes the prospective Member’s demographic profile and allows them to schedule a medical spa treatment of any type except for BOTOX or a weight loss consultation prior to activating a formal membership. The prospective Member must undergo a Medical Assessment by a trained Members Only MedSpa staff member prior to receiving any treatments.
Activation Fee
Some membership levels require the payment of an Activation Fee prior to starting a membership. The Activation Fee is a one-time payment that is to be paid concurrently with the first month’s membership dues. Activation fees are non-refundable.
Members Only MedSpa reserves the right to waive the Activation Fee at its discretion. In the event that an Activation Fee has been waived, the Member agrees to retain their membership for a minimum of three months. If the Member cancels their membership within the first three months, the Member will be charged the full amount of the Activation Fee.
If a Member cancels their membership but wishes to re-activate his or her membership within the same billing cycle, he or she may do so without paying a new activation fee. If, however, the former Member re-activates their membership in a subsequent billing cycle, they will be required to pay a new activation fee to re-activate their membership.
MedSpa Memberships
A MedSpa Membership allows a Member to schedule any treatment he or she desires but does not include the use of prescription medication. There are different membership levels that vary based on cost of monthly membership and on the number of appointments a Member is authorized to schedule within a given month. The membership details are as follows:
- Select 1 Membership (formally known as a Limited Membership) – a Member may book up to one treatment per month from any of the treatments available and may purchase additional treatments as needed. Additionally, the Member may book treatments up to two months in advance.
- Select 2 Membership – a Member may book up to two treatments per month from any of the treatments available and may purchase additional treatments as needed. Additionally, the Member may book treatments up to two months in advance.
- Select 4 Membership – a Member may book up to four treatments per month from any of the treatments available and may purchase additional treatments as needed. Additionally, the Member may book treatments up to two months in advance.
- Select 6 Membership – a Member may book up to four treatments per month from any of the treatments available and may purchase additional treatments as needed. Additionally, the Member may book treatments up to two months in advance.
- Select 8 Membership (no longer available) – a Member may book up to eight treatments per month from any of the treatments available and may purchase additional treatments as needed. Additionally, the Member may book treatments up to two months in advance.
- Unlimited Membership (no longer available) – see section below
- Botox-Only Membership – a Member receives 50 free units of Botox and may utilize these units at a time of their choosing. The Member will have up to one year to use all of their units at which point, any remaining units will be forfeited.
MedSpa Membership Appointment Limits/Roll-Over Credits
Some membership levels, as described above, have a set limit on the number of appointments a Member can schedule within a given month. Members who wish to schedule appointments in addition to this limitation can do so at an additional cost to the Member. This additional cost must be paid for at the time of scheduling the additional appointment.
If a Member does not utilize all appointments provided by their Membership level in a given month, all unused appointments will roll over into the subsequent month. These credits will remain in the Member’s account until they are used for up to two months thereafter. In the event that a Member downgrades their membership for the subsequent month, they may still rollover the total number of unused appointments from the current membership. Example: A member downgraded from a Select 6 membership to a Select 2 membership. If a member had 6 appointments to roll over from this Select 6 membership, they would be able to roll over all 6 of their appointments even though they downgraded to a lower tier membership.
BOTOX appointments and Medical Evaluations do not count towards a Member’s appointment limits. If a Member has reached his or her monthly limit of appointments, he or she may schedule a BOTOX appointment or Medical Evaluation without being required to pay for an additional appointment.
Canceling Appointments/Member Credits
A Member may cancel an appointment at any time up to the start of the appointment time through the MO Portal. In the event that the Member purchased a microneedle cartridge when scheduling a microneedle appointment the Member’s account will be credited for this purchase upon cancellation. This Member will then be able to use the microneedle cartridge credit at a subsequent microneedle appointment. The Member will not be refunded for the purchase of the microneedle cartridge.
In the event that the Member purchased an extra appointment, the Member’s account will be credited for this purchase if the Member cancels this appointment prior to the start of the appointment time. This Member will then be able to use the extra appointment credit whenever one is needed in the future. The Member will not be refunded for the purchase of the extra appointment.
Credits may only be used for their original purposes and cannot be transferred to other Members, converted into cash or used towards credits in any way other than for their original purpose. A credit of one kind cannot be used as a substitute for another purchase or to reduce the cost of a monthly membership fee.
Member credits do not expire. However, if a Member cancels his or her membership, any credits to the Member’s account will be forfeited and will not be refunded.
Unlimited Membership (no longer available to new members)
Unlimited Membership refers to the potentially unlimited number of treatments Members can schedule within a given month. Members must note; however, that treatments may be limited due to medical considerations of the individual as indicated on their Medical Assessment or updated medical history such as skin type, skin condition(s), recommendations by their primary care physician or other reasons that would affect a Members ability to receive certain treatments. Additionally, treatments of the same body parts have recommended safe medical wait times that Members and clinicians must abide by.
Unlimited Members may schedule any two appointments at a time per calendar month with the exception of BOTOX appointments or Medical Evaluations as discussed below. If a Member has scheduled two appointments, one appointment must be completed prior to scheduling the next appointment. This controlled system is designed to create a fair scheduling practice so all Members may be given the opportunity to book appointments each month. The Company reserves the right to control the scheduling system and to hold certain appointment dates and/or times with or without notice and for reasons including, but not limited to, the following:
- Training
- Equipment maintenance
- Company events
- Holidays
- Promotions
Unlimited Memberships are no longer available for new or current Members to select. However, any Member already on an Unlimited Membership may receive the full benefits of the Unlimited Membership so long as they remain an Unlimited Member. In the event that they cancel or change their membership level to something other than an Unlimited Membership, they will not be allowed to return to an Unlimited Membership.
Changing MedSpa Membership Levels
Upgrades
A membership upgrade occurs when a Member changes their membership level to a more comprehensive plan with a higher monthly cost. Any membership upgrades take effect immediately upon confirmation of the change by the Member through the MO Portal. The new membership fee is then charged the new membership fee and will be automatically charged monthly thereafter on the first day of the billing cycle.
Downgrades
A membership downgrade occurs when a Member changes their membership level to a less comprehensive plan with a lower monthly cost. All membership downgrades take effect at the beginning of the next billing cycle. The new membership level fee is charged at the next billing cycle and will be automatically charged monthly thereafter. The Member will not be refunded for any membership fees paid for the current month. All appointments scheduled for the next billing cycle at time of membership level change will be canceled but may be rebooked according to the new downgraded membership level.
MedSpa Monthly Membership Cancellation Policy and Agreement
This Agreement will commence on the date the Member activates membership. Member acknowledges review of the Member Billing Practices (“Billing”) and agrees to all of its terms. The Company shall have the absolute and unconditional right to terminate the Agreement, without the showing of any cause for termination, with or without notice.
If a Member wishes to terminate his or her membership, the Member’s termination request must be submitted through the MO Portal or communicated in writing to a Member Liaison or the VP of Operations. Upon submitting the termination request, the Member will continue to receive services in accordance with the agreement and membership level through the end of that billing cycle. The Member’s membership will then terminate automatically at the end of the billing cycle and all treatments scheduled beyond the termination date will automatically be canceled. In the event of termination of membership, any and all costs associated with the past and all serviceable months, including the month during which termination is finalized will not be refunded. In the event the Member is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. The Company shall be allowed to immediately collect all sums from the Member and may terminate providing further services to the Member.
All membership levels receive discounted in-store products and may purchase additional medspa treatments a la carte.
Weight Loss Membership
To provide a comprehensive approach to weight loss, all weight loss membership levels include a consultation with a medical professional, provider-required blood draw and labs, medical monitoring, and prescription medication designed to reduce the Member’s appetite. All weight loss programs are month-to-month commitments; however discounts may be given for Members who wish to purchase multiple months upfront.
Weight Loss Monthly Membership Cancellation Policy and Agreement
A Member may choose to terminate their Membership at any time but will not be refunded for the current month or any months already paid or medication that has already been submitted to a pharmacy to be filled. If the Member received a discount for purchasing multiple months upfront, this discount will be deducted from any refund provided if the member did not fulfill the duration of that commitment.
Example: A Member received a 10% discount for purchasing 6 months of the weight loss program upfront. 3.5 months later, the Member cancels their program. The Member would be refunded for 2 months of the weight loss program less the 10% discount they received.
All weight loss membership cancellations take effect on the first day of the following month.
2-Month Minimum
Due to the cost and quantity of the medication provided, no refunds will be given for the first two months of weight loss treatment, regardless of the reason, unless the Member has met all qualifications specified in the “Weight Loss Guarantee” section below. Members may continue to receive their three body combo treatments per month for these two months.
Once the Member has reached the completion of their weight loss program the Member may elect to renew their membership level or select a different membership level so long as they are medically qualified to do so.
Right to Terminate
Members Only MedSpa has the right to terminate a Member’s weight loss program if it believes it is no longer safe for the Member to continue or if circumstances arise that would prevent the good practice of medicine. These circumstances include:
- The Member develops or learns of a medical condition that would be a contraindication to treatment
- Side effects are too strong
- Blood draw values are out of normal range
- The Member is non-compliant with the medication or
- The Member fails to attend follow-up appointments
- The Member fails to make payment for services
V. Medical Insurance Policy
Members Only MedSpa, LLC does not file claims with any insurance carriers for the payment of services or medication prescribed. Furthermore, the Company will not file with individual insurance companies and Members cannot appeal if any of these parties are not billed.
VI. Medication Prescriptions
Members Only MedSpa, LLC may prescribe specific medication or pharmacologic products for the treatment of certain conditions. Company providers reserve the right to deny care for actual or potential misuse of prescribed medications. There is no guarantee a prescription will be written. If a Provider does prescribe a medication, he/she will limit supply based upon state regulations.
You agree that any prescriptions that you acquire will be solely for your personal use. You agree to thoroughly read through all provided information and labels regarding your medication and to contact a physician or pharmacist if you have any questions regarding the prescription. Your prescriptions will be sent to a pharmacy of your choosing and the Company will not be responsible for any costs associated with the prescribed medication(s).
VII. Communication Consent
Notwithstanding any current or prior election to opt in or opt out of receiving automated voice message calls and/or use of an automatic dialing device, text messages and/or emails from the Company, our partners, subcontractors, or any and all other companies that we may have to transfer your account to at any telephone number or email address that you have provided us or that we have otherwise obtained, which could result in charges to you. We may place such calls, texts, or emails to include, but not limited to:
- Notify you regarding upcoming appointments
- Provide confirmations and reminders
- Follow up and provide information pre and post visits
- Provide home healthcare instructions and advice
- Troubleshoot problems with your account
- Resolve a dispute
- Collect a debt
- Services and promotional offers
- As otherwise necessary to service your account or enforce this admissions agreement, our policies, applicable law, or any other agreement we may have with you.
The ways in which you may provide us a telephone number or email address include, but are not limited to, providing the information at account opening, adding the information to your account at a later time, providing it to one of our employees, providing it to our partners, subcontractors, or any and all other companies that we may have to transfer your account to, or by contacting us or our partners, subcontractors, or any and all other companies that we may have to transfer your account to from that phone number or email address. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number. Standard telephone minute and text charges may apply if we contact you.
You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. You may revoke this express consent at any time by terminating your membership.
VIII. Member Records
You authorize Members Only MedSpa, LLC to maintain the Member records and information for services provided to you.
Member Health and Demographic Information
You represent that you are acting on behalf of yourself and for your own aesthetic treatment. You agree that any information provided to a Members Only MedSpa, LLC nurse or staff member, whether written or spoken is accurate and complete to the best of your knowledge. You understand that any misrepresentation may lead to inappropriate treatments, over- or under- treating, potentially dangerous side effects, violations of the law or other unintended repercussions. You agree to immediately notify the Company if your health condition, medical history, medication, or any other information previously presented to the Company changes or was incorrectly reported.
You warrant that you are at least 18 years of age. The Company operates under state and federal regulations. The Site, MO Portal and/or Services provided by the Company are limited exclusively to its current and prospective Members.
NOTICE OF PRIVACY PRACTICES
Members Only MedSpa, LLC, doing business as MO MedSpa (the “Company”) is committed to respecting the privacy of our Members and maintaining the confidentiality of their protected health information. When you consent to treatment at Members Only MedSpa, LLC, you consent to the use of your information as outlined in our Notice of Privacy Practices. If we decide to change our Notice, such changes will be posted on our website: mo.buzz. You may visit our website and browse without giving us any personal information.
If you have any questions or comments regarding our Privacy Policies or the security of your information, contact the MedSpa and ask for the Spa Manager.
I. Notice of Privacy Practices
This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
You may request a paper copy of this Notice of Privacy Practices
II. Our Pledge to You
Members Only MedSpa, LLC creates a detailed record of the treatments and services you receive at our facilities. By law, we must keep this record private. We must also provide this summary of our legal duties and privacy practices as well as follow them. Our policies apply to all of the records of your treatments that the Company maintains.
III. Who Will Follow These Privacy Practices
Members Only MedSpa, LLC provides treatments and services in partnership with other agencies. These privacy practices will be followed by:
- Any staff member who treats you at any of our locations
- All board members, employees, staff, and volunteers of our organization
- All members of our medical staff and allied health practitioners
- Any business associate or partner who agrees to maintain your privacy
IV. Some Ways Your Medical Record May Be Used or Shared
We may use or share medical information about you:
- To conduct, plan and direct your treatment and follow-up among the multiple treatment providers who may be involved in your treatment directly and indirectly
- For treatment, such as a referral to a specialist or other health care agency
- For health care functions, such as to improve our services
- For regulatory agencies, such as during an audit or survey of our facilities
- With those whom you designate to be involved in your care
- In an emergency or disaster so that your family or friends can be told where you are and how you are
- When required for public health reports, abuse or neglect reports, or funeral arrangements
- When required by law such as a request from law enforcement or a legal order
- When required by military authorities if you are a member of the military or a veteran
- For national security and intelligence activities, or for the protection of the President or other Government officials
V. Other Ways That Information About You May Be Used
Unless you tell us not to, we may use information that we have about you to:
- Remind you of an appointment
- Recommend possible treatment options
- Tell you about promotions and services
VI. Uses and Disclosures That Require Your Authorization
In any other situation not covered by this notice we will get your written authorization before using or sharing your health information. You may revoke any authorization in writing.
VII. Your Rights Regarding Medical Information About You
In most cases, you may review and obtain a copy of your medical record. There may be a fee for the cost to copy and mail it. Your request must specify how or where you wish to receive your medical record. We will honor all reasonable requests.
You may ask us to correct your record if you think that it is incorrect or that key information is missing. You must put your request in writing and state the reason for your request. We cannot revise your record if the information was not created by us; or is not part of the medical record we maintain; or is not part of the record that you can review or copy or if we find out that the record is accurate.
You may get a list of when and whom we gave your medical information. Such a list would not include the permitted disclosures outlined within this notice. Your written request for such a list must state a time period; it must start after April 14, 2003, and be within six years of the current date. The first list in a 12-month period is free; other requests will include a fee for our cost to produce the list. We will inform you of the cost before we process your request.
You may ask that we communicate medical information about you in a confidential way, such as sending mail to an address other than your home. We will honor all reasonable requests. Our waiting areas and some of our treatment areas are shared with other Members. Please tell us if you object to this type of waiting or treatment areas. We will do our best to accommodate your request for privacy.
You may ask that we not use or disclose a certain part of your information as allowed by this notice unless you sign a consent form to release the information. By law, we do not have to accept such a request, but we will seriously consider it and inform you of our decision. Your request must tell us what specific information you want to limit and to whom the limits apply. You may make any of these requests in writing to the Company Privacy Officer.
VIII. Changes to the Company’s Privacy Notice
We may change our privacy policies at any time. Changes will apply to prior and new medical information. Before we make major changes in our policies, we will change our Notice of Privacy Practice and post the new notice on our website. You can get a copy of the current privacy notice at any time. The effective date is listed just below the title.
IX. Complaints and Appeals
You may contact the Company Privacy Officer if:
- You think that your privacy rights may have been violated
- You disagree with our decision about access to your records
- You disagree with our decision not to correct your record
We will not punish you in any way for filing a complaint. You may also send a written complaint to the U.S. Department of Health and Human Services’ Office of Civil Rights
Privacy Officer
Members Only MedSpa, LLC
320 Ward Ave Suite 101
Honolulu, HI 96814
Office of Civil Rights
US Department of Health and Human Services 1961 Stout Street #1428
Denver, CO 80294 (Cannot phone)