TERMS & CONDITIONS

1. ELIGIBILITY AND ACCEPTANCE
You must be at least eighteen (18) years of age to use the Website, schedule an appointment, or receive services. By engaging with us, you represent and warrant that you are at least 18, that the information you provide is accurate and complete, and that you have the legal capacity to enter into these Terms. Services for minors, where lawful and offered, require the presence and written consent of a parent or legal guardian.

Your acceptance of these Terms creates a binding agreement. We may update these Terms at any time as described in Section 22. Your continued use of the Website or our services after an update constitutes acceptance of the revised Terms.

2. WEBSITE USE; INTELLECTUAL PROPERTY
The Website and all content on it, including text, graphics, logos, images, before-and-after photographs, treatment descriptions, page layouts, and the marks "Nude Medical Aesthetics," "Nude Medical Group," and associated logos, are owned by or licensed to the Practice and are protected by United States and international intellectual property laws. The trademarks AMEX®, Visa®, MasterCard®, and Discover® referenced on the Website are the property of their respective owners.

You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Website for your personal, non-commercial use. You may not copy, reproduce, distribute, scrape, frame, modify, create derivative works from, or commercially exploit any portion of the Website without our prior written consent.

You agree not to: (a) use the Website for any unlawful purpose; (b) attempt to gain unauthorized access to any portion of the Website or its systems; (c) introduce malware or disruptive code; (d) use automated means to access or harvest data from the Website; or (e) interfere with the operation or security of the Website.

3. NO MEDICAL ADVICE; INFORMED CONSENT
Content on the Website, including treatment descriptions and educational materials, is provided for general informational purposes only. It does not constitute medical advice, diagnosis, or treatment, and it does not create a provider-patient relationship. Do not rely on Website content as a substitute for a consultation with a qualified provider.

Specific treatments require separate, treatment-specific informed consent documentation executed at the time of service. These Terms do not replace, and are in addition to, any informed consent, financial responsibility, treatment, or arbitration agreement you sign in connection with care.

Individual results are not guaranteed and vary based on numerous factors, including but not limited to your physiology, medical history, and adherence to pre-treatment and post-treatment instructions. Any before-and-after images or testimonials reflect individual experiences and are not a promise or prediction of your results.

4. FIRST VISIT REQUIREMENTS
Patients must arrive at least five (5) minutes prior to their first appointment to allow time for check-in and completion of required intake paperwork. Failure to complete all necessary documentation may result in delay or rescheduling of services at the Practice's sole discretion.

5. CANCELLATION AND NO-SHOW POLICY
To respect the time of our providers and other patients:

• Cancellations and rescheduling requests must be made at least forty-eight (48) hours in advance of the scheduled appointment time.

• Cancellation or rescheduling with less than 48 hours' notice will result in a charge of fifty percent (50%) of the total scheduled service cost.

• No-shows and same-day cancellations may be charged one hundred percent (100%) of the scheduled service cost.

You acknowledge that the actual damages caused by a late cancellation or no-show are difficult to ascertain, and that the fees set forth above represent a reasonable estimate of those damages and are not a penalty. By scheduling an appointment, you authorize the Practice to charge the payment method on file for any applicable cancellation, rescheduling, or no-show fee, as further described in Section 8.
The Practice may, in its discretion, waive a fee for documented emergencies. Deposits collected to reserve certain services may be forfeited under the same notice requirements.

6. APPOINTMENT CONFIRMATIONS
As a courtesy, the Practice will make reasonable efforts to confirm appointments by text message and/or email. Confirmation reminders are a courtesy only. It remains your responsibility to remember and attend scheduled appointments. The Practice is not responsible for unconfirmed, missed, or forgotten appointments, or for any reminder that is not delivered, not received, or delayed.

7. LATE ARRIVAL POLICY
Patients arriving ten (10) minutes or more past their scheduled appointment time may forfeit part or all of their treatment at the provider's discretion. Late arrivals may be accommodated only if time allows, and the scheduled service may be shortened or modified. Repeated late arrivals may result in restrictions on future bookings, including a prepayment or deposit requirement.

8. PAYMENT, PRICING, AND CARD ON FILE
Payment. A valid credit card is required on file to book appointments. Accepted payment methods are AMEX®, Visa®, MasterCard®, and Discover®. We do not bill insurance under any circumstances, and you are responsible for all charges for services and products.

Card-on-File Authorization. By placing a card on file, you authorize the Practice to charge that card (and any updated or replacement card information we receive) for: (a) services rendered; (b) products purchased; (c) deposits; and (d) cancellation, rescheduling, and no-show fees under Section 5. This authorization remains in effect until you revoke it in writing, provided that revocation does not affect charges already incurred.

Pricing and Promotions. The Practice reserves the right to modify pricing, services, and promotions at any time without prior notice. Discounts and promotions cannot be combined unless expressly stated; where more than one discount could apply, the greater single discount will be applied. We reserve the right to correct pricing errors and to cancel or decline any order or appointment booked based on an inaccurate price, even after confirmation.

Packages, Memberships, and Prepaid Services. Packages, memberships, and prepaid service plans are subject to their own written terms provided at the time of purchase. Except as required by California law, prepaid services and package credits are non-refundable and non-transferable. Any gift cards or gift certificates we issue are governed by applicable California law, including provisions concerning expiration and cash redemption.

9. REFUND AND RETURN POLICY
Services. All services are final sale. We do not offer refunds on services rendered, including for dissatisfaction with results or outcome. You acknowledge that aesthetic results are subjective and that individual outcomes vary. In the event of an adverse reaction or complication, contact the Practice immediately for evaluation and potential corrective treatment.

Products. Retail products may be returned within seven (7) days of purchase only if unopened, unused, and in original packaging; eligible refunds are issued as a credit to the original payment method. Defective products (for example, broken packaging or a faulty pump) may be exchanged within seven (7) days for the same product. Prescription products are final sale and cannot be returned, refunded, or exchanged, consistent with applicable law.

Allergic Reactions. If you experience a documented allergic reaction, the product may be returned within seven (7) days for in-store credit upon provider approval.

Nothing in this Section limits any non-waivable right or remedy available to you under California law.

10. PHOTOGRAPHY, MEDIA, AND MARKETING CONSENT
Clinical photographs may be taken before, during, and after treatment as part of your medical record. The Practice will not use your identifiable images for marketing, advertising, social media, or promotional purposes without your separate, specific, written authorization. Any such authorization is voluntary, is not a condition of treatment, and may be revoked prospectively in writing at any time; revocation does not require us to recall materials already published or distributed before we received your revocation.

11. PRIVACY, HEALTH INFORMATION, AND CALIFORNIA PRIVACY RIGHTS
Our collection and use of personal information is described in our Privacy Policy at [INSERT URL] and, with respect to protected health information, our Notice of Privacy Practices, each of which is incorporated by reference. We handle protected health information consistent with the Health Insurance Portability and Accountability Act (HIPAA) and the California Confidentiality of Medical Information Act (CMIA).

If you are a California resident, you have rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA/CPRA), regarding personal information that is not otherwise exempt as medical information. To exercise these rights, see our Privacy Policy or contact us using the information in Section 24.

12. PHONE COMMUNICATIONS AND TEXT MESSAGING
By providing your telephone number and opting in, you consent to receive calls and text messages from the Practice, which may include appointment reminders, transactional messages, and, where you have separately agreed, promotional messages. Message frequency varies. Standard message and data rates may apply. Consent to receive promotional messages is not a condition of purchasing any product or service.

You may opt out of text messages at any time by replying STOP, and you may request help by replying HELP. After you opt out, we may send a single confirming message. We are not responsible for messages not delivered or not received due to your opt-out, carrier issues, or incorrect contact information. Our messaging practices are further described in our SMS/Privacy Policy.

13. REVIEWS AND FEEDBACK
We welcome honest feedback about your experience. You retain the right to share your truthful assessment of the Practice and your experience. Nothing in these Terms restricts, penalizes, or requires you to waive your right to make a truthful statement or review, consistent with the federal Consumer Review Fairness Act and California Civil Code Section 1670.8.

If you submit a review, comment, or other content to us or about us on any platform, you grant us a non-exclusive, royalty-free, worldwide license to reference and respond to that content as permitted by law, including applicable privacy law. We may decline to publish, or may remove from our own platforms, content that is unlawful, contains protected health information of another person, is harassing, or violates a platform's policies.

14. PRACTICE-PATIENT RELATIONSHIP AND RIGHT TO REFUSE SERVICE
Scheduling an appointment or establishing care does not, by itself, create a guaranteed ongoing provider-patient relationship. The Practice reserves the right to refuse, discontinue, or terminate service to any individual at any time and for any lawful reason, including inappropriate behavior, failure to comply with these Terms or Practice policies, non-payment, or concerns about medical suitability. Any discontinuation or termination of care will be conducted in accordance with California law governing the provider-patient relationship, including reasonable notice where required to avoid abandonment.

15. ASSUMPTION OF RISK; MEDICAL DISCLOSURES
Assumption of Risk. Aesthetic medicine carries inherent risks. You acknowledge these risks and agree to undergo treatment voluntarily and at your own election, as detailed in the treatment-specific informed consent you sign.

No Guarantees. The Practice makes no guarantee, warranty, or representation regarding the outcome of any treatment, and disclaims all implied warranties to the fullest extent permitted by law.
Medical Disclosures. You must provide complete and accurate medical history before treatment and must follow all pre-treatment and post-treatment instructions. The Practice is not responsible for complications arising from medical conditions you failed to disclose or from your failure to follow provider instructions.

16. RELEASE AND INDEMNIFICATION
To the fullest extent permitted by California law, and except for claims arising from the Practice's professional negligence, gross negligence, or willful misconduct, you agree to release and to indemnify, defend, and hold harmless Nude Medical Group, P.C., Nude Medical Aesthetics, Inc., and their owners, providers, officers, employees, and affiliates from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising out of: (a) your breach of these Terms; (b) your misuse of the Website; (c) your failure to disclose accurate medical information or to follow provider instructions; or (d) your violation of any law or the rights of any third party.

Nothing in this Section releases or limits liability that cannot be released or limited under California law, and nothing in this Section is intended to limit a patient's rights with respect to professional negligence claims.

17. LIMITATION OF LIABILITY
To the fullest extent permitted by California law, and except for liability arising from professional negligence, gross negligence, willful misconduct, or any other liability that cannot be limited by law: (a) the Practice will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising out of your use of the Website; and (b) the Practice's total aggregate liability for any claim arising out of your use of the Website or the purchase of retail products will not exceed the amount you paid to the Practice for the product or Website transaction giving rise to the claim.

This Section does not apply to, and does not limit, any claim for bodily injury arising from the provision of medical or aesthetic services, which is governed by applicable California law.

18. ELECTRONIC COMMUNICATIONS AND CONSENT
By using the Website or providing your email address or telephone number, you consent to receive communications from us electronically, and you agree that electronic communications, agreements, and records satisfy any legal requirement that such communications be in writing, consistent with the federal ESIGN Act and the California Uniform Electronic Transactions Act. You may request paper copies of records where required by law.

19. DISPUTE RESOLUTION AND ARBITRATION
Please read this Section carefully. It affects your rights.
a. Scope. This Section applies to disputes arising out of or relating to the Website, retail product purchases, billing, marketing, these Terms, or the parties' general business dealings (each, a "Covered Dispute"). This Section does not govern claims for medical malpractice or professional negligence, which are addressed in subsection (g).
b. Informal Resolution First. Before initiating arbitration, you agree to first contact us in writing at the address in Section 24 and allow thirty (30) days to resolve the Covered Dispute informally and in good faith.
c. Binding Arbitration. Except as provided below, any Covered Dispute that is not resolved informally shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator, in San Francisco, California. Allocation of arbitration fees and costs shall be governed by the AAA Consumer Arbitration Rules and applicable law.
d. Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section, except that a court shall decide whether a claim falls within the public injunctive relief carve-out in subsection (f).
e. Class Action Waiver. To the fullest extent permitted by law, you and the Practice agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate or preside over claims of more than one person. If this class action waiver is found unenforceable as to a particular Covered Dispute, then that Covered Dispute (and only that dispute) shall be severed from arbitration and proceed in court.
f. Public Injunctive Relief. Nothing in this Section waives your right to seek public injunctive relief in a court of competent jurisdiction to the extent such a waiver would be unenforceable under California law, including McGill v. Citibank. If a claim for public injunctive relief is asserted, that claim alone may proceed in court and shall be stayed pending resolution of any arbitrable claims.
g. Carve-Out for Professional Negligence/Medical Malpractice. This Section does not require arbitration of any claim for medical malpractice or professional negligence. Arbitration of such claims, if any, is governed solely by a separate written arbitration agreement that complies with California Code of Civil Procedure Section 1295 and is signed at the time of care. Absent such a compliant signed agreement, professional negligence claims are not subject to this Section.
h. Small Claims and Injunctive Relief. Either party may bring an individual action in small claims court for a dispute within that court's jurisdiction. Either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.
i. Opt-Out. You may opt out of this arbitration Section by sending written notice to the address in Section 24 within thirty (30) days of first accepting these Terms. A valid opt-out will not affect any other provision of these Terms.
j. Survival. This Section survives termination of your relationship with the Practice.

20. GOVERNING LAW AND VENUE
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Subject to Section 19, the exclusive venue for any action permitted to proceed in court shall be the state and federal courts located in Napa County, California, and you consent to the personal jurisdiction of those courts.

21. FORCE MAJEURE
The Practice is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, fire, power or utility failures, public health emergencies, governmental orders, labor disruptions, supply shortages, or interruptions to internet or communications services. Affected appointments may be rescheduled.

22. CHANGES TO THESE TERMS
We may modify these Terms at any time by posting the revised Terms on the Website and updating the "Last Updated" date. Material changes will be effective upon posting, except where a longer notice period is required by law. Your continued use of the Website or our services after the effective date constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

23. GENERAL PROVISIONS
Third-Party Links. The Website may contain links to third-party sites that we do not control. We are not responsible for the content, products, or practices of any third-party site, and your use of those sites is at your own risk.

Entire Agreement. These Terms, together with any treatment-specific consents, financial agreements, and policies referenced here, constitute the entire agreement between you and the Practice regarding the subject matter, except that a separately signed agreement (such as a Section 1295 arbitration agreement or a package/membership agreement) controls over these Terms to the extent of any conflict on its subject.

Severability. If any provision of these Terms is found invalid or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

No Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Headings. Section headings are for convenience only and do not affect interpretation.
Survival. Provisions that by their nature should survive termination (including Sections 2, 3, 9, 15, 16, 17, 18, 19, and 20) survive.

 

24. CONTACT US

Nude Medical Aesthetics, 548 Market Street, Suite 44261, San Francisco, California 94104. 
hello@nudemedical.com
(707) 602-3809