Patient ("Patient") hereby agrees and acknowledges that a Services Agreement (the "Agreement") has been reached between Patient and Perfect B, LLC (hereinafter, "Perfect B"), which is made effective and entered into the earlier of (i) the Date set forth below, or (ii) the initial payment of any fees in connection with Perfect B's services, treatments, and/or programs herein. Perfect B and Patient may be referred to individually as a "Party" or collectively as the "Parties".
WHEREAS, Perfect B has the capability and capacity to provide certain cosmetic services, treatments, and programs, and;
WHEREAS, Patient desires to retain Perfect B to provide the said services, and Perfect B is willing to perform such services under the terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Patient agrees and acknowledges that Patient knowingly and voluntarily entered into this Agreement for the service, treatment, and/or program set forth in Section 2 of the Billing Form labeled "INVOICE INFORMATION AND PAYMENT DETAILS."
2.1. Patient agrees and acknowledges that all fees are due and payable in accordance with Section 2 of the Billing Form attached hereto as Schedule 1. Patient acknowledges that Patient may choose to pay in installments as provided in the Installment Contract attached hereto as Schedule 2. The Billing Form and Installment Contract will continue to be governed in accordance with the terms of this Agreement.
2.2. Patient understands that Perfect B will submit an electronic receipt to Patient's electronic mail address as provided in Section 1 of the Billing Form. Patient understands that Patient shall have two (2) business days to validate the information contained on the invoice. In the event Perfect B does not receive any notification or notice regarding the correction of an error or inconsistency in billing and/or on the invoice, the information will be considered correct, and Patient waives any right to challenge any billing, invoice, and/or payment information thereafter.
2.3. Patient understands that Perfect B's services, treatments, and/or programs are valued for the entire cost of each service, treatment, and/or program as a whole. Patient agrees to pay Perfect B for the entire cost of each service, treatment, and/or program regardless of whether Patient abandons Perfect B's services, treatments, and/or programs for any reason.
2.4. Patient understands that Patient is financially responsible to Perfect B for the outstanding balance due under this Agreement, Schedule 2, and the Billing Form in connection to Patient's Perfect B account, and/or any invoice, and/or any purchases, programs, and/or treatments. Patient's financial responsibility to Perfect B will not be waived, terminated, or ceased under any circumstances, unless finally determined otherwise by a court of competent jurisdiction.
3.1. Patient agrees, understands, and acknowledges that if Patient wishes to cancel, terminate, suspend, and/or abandon Perfect B's services, treatments, and/or programs for any reason, Patient shall provide Perfect B with written notice of cancellation, termination, suspension, and/or abandonment of services.
3.2. Patient will be responsible for any and all outstanding balance in connection with Patient's Perfect B account, or due to any invoice or any purchases, programs, and/or treatments. In the event of any treatment and/or program cancellation, termination, suspension and/or abandonment, Patient will owe the total outstanding amount under this Agreement, the Billing Form, or Installment Contract, as well as under any invoice, or for the purchase of any good, service, program and/or treatment.
Patient agrees that if Patient is unable to keep a scheduled appointment, Patient shall contact Perfect B at least twenty-four (24) hours before the scheduled appointment to reschedule. Patient acknowledges that if Patient fails to appear to a scheduled appointment, or if Patient cancels or reschedules within twenty-four (24) hours of the scheduled appointment, Patient may be charged a no-show fee.
This Agreement may be amended and/or modified by Perfect B, in its sole discretion, and such amendments and/or modifications may be communicated to Patient orally or in writing. Patient's continued use of Perfect B's services, treatments, and/or programs following any such amendment and/or modification will constitute Patient's acceptance of such amendment and/or modification.
In no event shall Perfect B be liable to Patient for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to this Agreement or Perfect B's services, regardless of the cause of action or the theory of liability, even if Perfect B has been advised of the possibility of such damages. Perfect B's total liability to Patient shall not exceed the amount paid by Patient to Perfect B in the three (3) months preceding the event giving rise to the claim.
This Agreement, together with the Billing Form and any applicable Installment Contract, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties relating to the subject matter hereof.
Patient acknowledges that Patient has read, understands, and agrees to all terms and conditions of this Agreement. Patient further acknowledges that Perfect B has provided Patient with the opportunity to ask questions regarding the terms and conditions of this Agreement and that Patient's questions have been answered to Patient's satisfaction.
No waiver by either Party of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions of this Agreement shall not be affected thereby.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law provisions. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state court located in Miami-Dade County, Florida, only, and the Parties hereby expressly consent to the exclusive jurisdiction of such courts. THE PARTIES HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS ARISING OUT OF THIS AGREEMENT OR THE CONDUCT OF THE RELATIONSHIP BETWEEN THEM.
Perfect B shall not be liable or responsible to Patient, 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, when and to the extent such failure or delay is caused by or results from acts beyond Perfect B's reasonable control, including, without limitation: acts of God, flood, fire, earthquake, epidemic, pandemic, governmental actions, war, invasion, or terrorist threats or attacks.
This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed valid and binding.
In the event that Perfect B must pursue collection of any amounts owed by Patient under this Agreement, Patient agrees to pay all costs of collection, including reasonable attorneys' fees, court costs, and any other expenses incurred by Perfect B in collecting such amounts.
Perfect B does not guarantee any specific results from its services, treatments, and/or programs. Results may vary from patient to patient. Perfect B makes no warranties, express or implied, regarding the outcomes of any service, treatment, or program provided.
Patient represents and warrants that all information provided to Perfect B is true, accurate, complete, and current, and that Patient will promptly notify Perfect B of any changes to such information. Patient further represents and warrants that Patient has the legal authority to enter into this Agreement.
Patient agrees not to make any negative, disparaging, or defamatory statements about Perfect B, its employees, agents, officers, directors, or affiliates, whether orally or in writing, including but not limited to any statements made on social media platforms or review websites.
Patient may not assign or transfer any of Patient's rights or obligations under this Agreement without the prior written consent of Perfect B. Perfect B may assign or transfer its rights and obligations under this Agreement without Patient's consent.
Patient agrees to keep confidential any proprietary or confidential information of Perfect B that Patient may receive or become aware of in connection with this Agreement, including but not limited to pricing, treatment protocols, and business practices.
All treatment protocols, pricing structures, business methodologies, and other proprietary information shared by Perfect B with Patient are confidential and constitute trade secrets of Perfect B. Patient agrees not to disclose or use such information for any purpose other than receiving Perfect B's services.
By providing a credit or debit card to Perfect B, Patient authorizes Perfect B to charge such card for any amounts owed under this Agreement, including but not limited to treatment fees, cancellation fees, and no-show fees. Patient agrees to maintain a valid payment method on file with Perfect B at all times during the term of this Agreement.