DRAFT — PENDING FINAL COUNSEL SIGN-OFF. This is the multi-state US version of the Terms; it must not be relied on for live orders until counsel confirms final approval.
BYou Laser — United States (all BYou Laser clinic locations; state-specific terms in Schedule E)
Effective as of the date of your Purchase
These Online Purchase Terms and Conditions (the “Terms”) govern all treatment packages, memberships, products and services (each a “Purchase”) that you (the “Client,” “you”) buy online through the website, e‑commerce store or online booking pages operated under the BYou Laser brand (the “Brand”). By completing an online Purchase, you agree to these Terms.
Who you are contracting with. BYou Laser is a brand licensed to independently owned and operated clinics. Each clinic location is owned and operated by its own legal entity. The business that supplies your Purchase (the “Clinic,” “we,” “us”) is the entity that operates the clinic location you select at checkout, and is identified by legal name and address in your order confirmation. These Terms form a binding agreement between you and that Clinic only.
BYou Franchising LLC, BYou Laser LLC and their affiliates (together, the “Franchisor”) are not parties to this agreement, do not supply the services, and are not responsible for the acts, omissions or obligations of any Clinic. No Clinic is an agent, partner, employee or joint employer of the Franchisor, and no Clinic has authority to bind the Franchisor.
Read before you pay. At checkout you will be given the opportunity to review your order, correct any errors, and expressly accept or decline these Terms. If you do not agree, do not complete the Purchase.
1. What You Are Buying Online
- Prepaid packages redeemed in person. An online Purchase is a prepaid treatment package, session credit, membership or retail product. Treatments are performed in person at a designated Clinic location and must be booked separately through the Clinic. Completing payment online does not book an appointment or start treatment.
- Medical eligibility. All treatments are subject to an in‑person medical and suitability assessment, and to informed consent given at the Clinic. If, following that assessment, a treatment is medically contraindicated for you and has not yet started, the affected sessions will be refunded in full in accordance with Schedule A, with no administrative fee.
- Designated Clinic. Your Purchase is redeemable at the Clinic location selected at checkout (or, where none is selected, the location assigned to you). Specific staff, specific devices and scheduling at particular times are not guaranteed.
- No expiration of prepaid value. Prepaid session credits do not expire and are not subject to inactivity or maintenance fees. We may require that treatment protocols be completed on a clinically recommended schedule for the Results Commitment in Schedule B to apply.
2. Online Acceptance, Electronic Records and Age
- These Terms form a binding agreement when you accept them and complete payment online. You confirm you are at least 18 years of age and legally able to enter into this agreement. We do not sell treatment packages online to minors; treatment of a minor requires a parent or legal guardian to attend and consent in person at the Clinic.
- Copy of your agreement. Immediately after you complete a Purchase we will email you, and display on screen, a copy of these Terms and your order details in a form you can download, retain and print. Keep a copy for your records.
- Consent to electronic records. You consent to receive these Terms, order confirmations, receipts, cancellation notices and related disclosures electronically rather than on paper. To access and retain them you need a device with internet access, a current web browser, an active email account, and the ability to view and save PDF files. You may withdraw this consent, or request a paper copy at no charge, by emailing heretohelp@byoulaserclinic.com; withdrawal applies going forward only. Electronic signatures and records have the same legal effect as handwritten signatures and paper records under the federal E‑SIGN Act (15 U.S.C. § 7001 et seq.), and the electronic signatures and records law of the state in which your Clinic is located (identified in Schedule E).
- We retain a record of your accepted Terms, your order and your electronic acceptance, and will provide you a copy on request.
3. Prices, Taxes and Payment
- All prices are shown in US dollars (USD) and are exclusive of applicable sales and use tax unless stated otherwise. Taxes and any additional charges are itemized before you confirm your order.
- Payment is due in full at the time of Purchase unless a financing or installment option is expressly offered and accepted at checkout.
- Third‑party financing. If your package is financed through a third‑party provider, that financing is a separate agreement between you and that provider, on that provider’s terms. Cancelling your Purchase with us does not by itself cancel your obligations to the financing provider. We will remit any refund due to the financing provider where required by that agreement.
- Memberships and recurring charges. If you purchase a membership or any plan that renews automatically, the renewal term, renewal price, billing frequency and the deadline to cancel are disclosed to you clearly and conspicuously before you pay, and we obtain your separate affirmative consent to recurring charges. We will send you a reminder before a renewal where required by law, and advance notice of any price increase. YOU MAY CANCEL A RECURRING PLAN AT ANY TIME, ONLINE, THROUGH THE SAME WEBSITE ACCOUNT YOU USED TO PURCHASE, IN AS FEW STEPS AS IT TOOK TO SIGN UP. Cancellation stops future charges; it does not refund sessions already used.
4. Your Consumer Rights
Nothing in these Terms (including Schedules A–E and any statement that a Purchase is “final” or “non‑refundable”) limits, waives or overrides any right you have that cannot be waived under applicable law, including the consumer protection law of the state in which your Clinic is located (identified in Schedule E), and any applicable federal consumer protection law. Any provision of these Terms that conflicts with those rights does not apply to the extent of the conflict. Schedule E identifies, for each state, the specific provisions of these Terms that are modified or do not apply in that state.
YOUR RIGHT TO CANCEL
YOU MAY CANCEL THIS PURCHASE FOR ANY REASON, WITHOUT PENALTY OR OBLIGATION, BY MIDNIGHT OF THE SEVENTH (7TH) CALENDAR DAY AFTER THE DATE YOU RECEIVE A COPY OF THIS AGREEMENT, PROVIDED NO TREATMENT SESSION HAS BEEN PERFORMED AND NO RETAIL PRODUCT HAS BEEN SHIPPED OR COLLECTED.
To cancel, send notice to heretohelp@byoulaserclinic.com, or cancel through the same website account you used to purchase, or deliver written notice to the Clinic address shown on your order confirmation. We will refund all payments made within ten (10) business days after we receive your notice, and will return or cancel any instrument of indebtedness you signed.
You may also cancel, and receive a refund of amounts allocable to unused services, if:
- a medical condition contraindicates treatment and treatment has not started, or a physician certifies that a disability or medical condition prevents you from continuing (we may ask for reasonable supporting documentation);
- you permanently relocate more than twenty‑five (25) miles from the Clinic and from any other clinic operated under the Brand by the same operator;
- the Clinic stops offering the services you purchased, closes, or does not begin performing the services within thirty (30) days after the start date agreed with you; or
- the Client dies, in which case the Client’s estate may cancel.
In each case we may retain the value of services already used, calculated as set out in Schedule A, and no cancellation administration fee applies.
Schedule A — Cancellation and Refund Policy
This Schedule sets out the Clinic’s cancellation and refund terms. It applies subject to, and does not override, your rights in Section 4.
- Change‑of‑mind period. You may cancel an online Purchase and receive a full refund within seven (7) calendar days of purchase, provided no treatment session has been performed and no product has been shipped or collected. Refunds are issued to the original payment method within ten (10) business days of our receipt of your notice.
- Medical contraindication. You may cancel at any time before treatment starts if a medical condition contraindicates treatment. We may request a physician’s note confirming the contraindication. No administrative fee applies.
- After treatment begins. Completed sessions are charged at the Clinic’s standard, non‑discounted single‑session price. Your refund is the amount you paid, less the value of sessions used and less the administration fee below (if applicable).
- Cancellation administration fee. Outside the periods above, a cancellation administration fee equal to the lesser of $250 or ten percent (10%) of the package price, plus tax, applies. This fee is a reasonable pre‑estimate of our administrative cost of processing the cancellation and is not a penalty.
- Financed packages. Where a package is financed through a third party, we will remit any refund due in accordance with the financing agreement. We do not charge an additional surcharge on financed packages.
- Packages may be transferred to another client in the circumstances set out in Schedule D.
- To start a cancellation, email heretohelp@byoulaserclinic.com or cancel through your website account. We will confirm receipt in writing, assess the request within ten (10) business days, and issue any refund within ten (10) business days of that assessment.
- Retail products. Unopened retail products in resalable condition may be returned within fourteen (14) days of receipt. Opened products are non‑returnable for health and safety reasons except where a statutory right or manufacturer warranty applies. Our refund policy is also posted conspicuously at each Clinic.
Schedule B — Results Commitment
- Eligibility. Applies only to Clients who purchase a Results Commitment Treatment Package, and only where every requirement below is met.
- Laser hair removal. We commit to a minimum 70% reduction in hair in the treated area within 18 months of your first session. If that result is not achieved, we will provide additional sessions in the treated area at no charge until it is, for up to twelve (12) months.
- Follow‑up treatments. Available 30–60 days after the last session, unless otherwise instructed by your provider.
- Requirements. All appointments attended as scheduled; before and after photographs taken at the Clinic; pre‑ and post‑care instructions followed; treatments performed on the schedule recommended by your provider; and full disclosure of hormonal conditions and medications that affect hair growth.
- Exclusions. Melasma, rosacea, hair restoration, facial and neck hair removal, cosmetic injections and body contouring are excluded. Results vary between individuals; hormonal conditions and certain medications can prevent the stated result, and the commitment does not apply where they are present.
- Skin treatments. Skin rejuvenation and wrinkle‑reduction packages require at‑home use of at least two (2) skin care products recommended by your skin therapist. No specific result is guaranteed for these treatments.
- When the commitment does not apply. It does not apply if treatments are altered or transferred, or if you do not follow the recommended schedule or do not disclose a relevant hormonal condition or medication.
- Remedy. Additional complimentary sessions as described above are the remedy under this Schedule. This does not limit any right you have under Section 4 or under applicable law.
Schedule C — Appointment, Late Arrival and No‑Show Policy
- A minimum of 24 hours’ notice is required to cancel or reschedule an appointment.
- Arriving more than 15 minutes late may require your appointment to be rescheduled and is treated as a late cancellation.
- A late cancellation or no‑show fee of $50 applies and is charged to the payment method on file. This fee is disclosed to you at booking and reflects the cost of the reserved clinical time.
- Repeated no‑shows (three or more) may mean the Results Commitment in Schedule B no longer applies, because the recommended treatment schedule has not been followed.
- Sessions are not forfeited for a no‑show.
Schedule D — Client Transfer Policy
- Transfer to another clinic location. Where available, your remaining sessions may be transferred to another clinic operated under the Brand, subject to that location’s agreement. Specific staff, devices and scheduling are not guaranteed after a transfer.
- Transfer to another person. Remaining sessions may be transferred to another individual where a medical condition prevents you from completing treatment. The recipient must complete their own medical assessment and consent, and may be declined on clinical grounds.
- Requests must be submitted in writing with supporting documentation and are subject to Clinic approval, which will not be unreasonably withheld.
- An administrative fee of up to $100 plus tax may apply to a transfer to another person. No fee applies to a transfer between locations.
- The Results Commitment in Schedule B does not apply after a transfer to another person.
- A transfer is an alternative to cancellation, not a replacement for it: approving or declining a transfer request does not affect any cancellation or refund right you have under Section 4 or Schedule A.
5. Privacy and Health Information
- We collect, use and disclose your personal information and health information to process your Purchase and provide treatment, in accordance with our Privacy Policy and applicable law.
- We maintain reasonable administrative, technical and physical safeguards to protect your information, and we will notify you of a breach of your private information as required by law.
- Your records. You may request access to and a copy of your treatment records, and may request correction of inaccurate information, as provided by applicable state law.
- Photographs. Before and after photographs are taken for clinical purposes as part of your treatment record. We will not use your photographs or identifiable information in advertising, social media or any marketing material without your separate, specific written consent, which you may withdraw at any time.
- Marketing communications. We will send you marketing emails or text messages only with your separate consent, obtained at or after checkout. One exception: if you enter your email address and start an online Purchase but do not complete it, we may send you up to three reminder emails about your cart. Each reminder includes an unsubscribe link. We do not send cart reminders by text message unless you have consented to receive marketing texts. Consent to marketing is never a condition of purchase, and you may opt out at any time.
6. General Terms
- Future purchases. Each Purchase is governed by the Terms posted on our website at the time of that Purchase. We may update these Terms from time to time; changes apply to future Purchases only and do not reduce your rights on Purchases already made.
- Governing law. These Terms are governed by the laws of the state in which your Clinic is located, as shown on your order confirmation and in Schedule E, and by applicable federal law. This does not deprive you of the protection of any mandatory consumer law of the state in which you reside.
- Entire agreement. These Terms, including Schedules A–E, your order confirmation and the treatment consent forms you sign at the Clinic, are the entire agreement between you and the Clinic for the Purchase and supersede prior understandings. Nothing in this clause limits your rights in respect of any fraudulent or negligent misrepresentation.
- Force majeure. The Clinic is not liable for delay or failure to perform caused by events genuinely beyond its reasonable control, such as natural disaster, utility or network failure, public health orders or other governmental action. If such an event prevents us from providing services you have paid for, you may elect to reschedule or to receive a refund of amounts allocable to unused sessions. Device servicing and staffing are our responsibility and are not force majeure events.
- Limitation of liability. Except as stated in the next sentence, and to the fullest extent permitted by law, the Clinic’s total liability arising out of a Purchase is limited to the amount you paid for the treatment package concerned, and the Clinic is not liable for indirect, incidental, special, consequential or punitive damages or lost profits. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY, FOR PROFESSIONAL NEGLIGENCE OR MALPRACTICE IN THE PROVISION OF CLINICAL SERVICES, FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE LIMITED. Schedule E sets out additional state-specific limits on this clause.
- Severability. If any provision is found invalid or unenforceable, it is severed and the remaining provisions remain in full force and effect.
- Assignment. You may not assign these Terms without our consent, except as permitted under Schedule D. We may assign these Terms to a successor to the Clinic’s business, provided your rights are not reduced.
7. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Step 1 — Informal resolution. Before starting any formal proceeding, you agree to send written notice of the dispute to heretohelp@byoulaserclinic.com describing the issue and the relief you seek, and to give us sixty (60) days to resolve it. We will do the same before bringing a claim against you.
Step 2 — Arbitration. If the dispute is not resolved, it will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, under the Federal Arbitration Act. Arbitration means that you and the Clinic are each giving up the right to have a judge or jury decide the dispute in court. Instead, a neutral arbitrator decides it, and a court can review the arbitrator’s decision only on limited grounds. The arbitration will take place in the county where you live, or by telephone or video at your election. We will pay all arbitration filing and arbitrator fees that exceed what you would pay to file in court. The arbitrator may award any relief a court could award to you individually.
Small claims and injunctive relief. Either party may instead bring an individual claim in small claims court. Either party may seek injunctive relief in court to protect intellectual property.
No class actions. CLAIMS MAY BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. If this sentence is found unenforceable as to a particular claim, that claim is severed from arbitration and heard in court.
Jury trial waiver. YOU AND THE CLINIC WAIVE ANY RIGHT TO A JURY TRIAL FOR CLAIMS SUBJECT TO ARBITRATION.
Your right to opt out. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY EMAILING HERETOHELP@BYOULASERCLINIC.COM WITHIN THIRTY (30) DAYS OF YOUR FIRST PURCHASE, STATING YOUR NAME, ORDER NUMBER AND THAT YOU OPT OUT OF ARBITRATION. Opting out does not affect any other part of these Terms, and will not affect your treatment in any way.
Nothing in this Section prevents you from reporting a concern to, or participating in an investigation by, the attorney general or consumer protection agency of your state (listed in Schedule E), any state licensing board, the Federal Trade Commission or any other government agency.
Schedule E — State-Specific Terms
This Schedule applies based on the state in which your Clinic is located (shown on your order confirmation). For Purchases from a Clinic in a listed state, the terms for that state apply in addition to the rest of these Terms and, if there is any conflict, control.
New York
- Governing law and consumer rights. Laws of the State of New York, including the New York Consumer Protection Act, N.Y. Gen. Bus. Law art. 22‑A (§§ 349, 350).
- Electronic records. New York Electronic Signatures and Records Act, N.Y. State Tech. Law art. 3.
- Recurring plans. Automatic renewals comply with N.Y. Gen. Bus. Law § 527‑a.
- Refund policy. Our refund policy is posted at each New York Clinic as required by N.Y. Gen. Bus. Law § 218‑a.
- Agency. Office of the New York State Attorney General, Bureau of Consumer Frauds and Protection.
New Jersey
- Governing law and consumer rights. Laws of the State of New Jersey, including the New Jersey Consumer Fraud Act, N.J.S.A. 56:8‑1 et seq., and the Truth‑in‑Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12‑14 to ‑18.
- Electronic records. New Jersey Uniform Electronic Transactions Act, N.J.S.A. 12A:12‑1 et seq.
- Provisions that do not apply in New Jersey. For Purchases from a New Jersey Clinic: (a) the limitation of liability and the exclusion of indirect, incidental, special, consequential and punitive damages in Section 6 do not apply to claims under the New Jersey Consumer Fraud Act (including treble damages and attorneys’ fees under N.J.S.A. 56:8‑19), the Truth‑in‑Consumer Contract, Warranty and Notice Act, or the New Jersey Products Liability Act, or to punitive damages available under the New Jersey Punitive Damages Act; and (b) nothing in Schedule A or Schedule C limits a remedy available to you under those laws.
- Refund policy. Our refund policy is posted at each New Jersey Clinic as required by N.J.S.A. 56:8‑2.14 et seq.
- Agency. New Jersey Division of Consumer Affairs.
Tennessee
- Governing law and consumer rights. Laws of the State of Tennessee, including the Tennessee Consumer Protection Act, Tenn. Code Ann. § 47‑18‑101 et seq.
- Electronic records. Tennessee Uniform Electronic Transactions Act, Tenn. Code Ann. § 47‑10‑101 et seq.
- Agency. Tennessee Division of Consumer Affairs, Office of the Attorney General and Reporter.
Virginia
- Governing law and consumer rights. Laws of the Commonwealth of Virginia, including the Virginia Consumer Protection Act, Va. Code § 59.1‑196 et seq.
- Electronic records. Virginia Uniform Electronic Transactions Act, Va. Code § 59.1‑479 et seq.
- Recurring plans. If your plan renews automatically, you may cancel through any channel you used to sign up (other than in person), and the cancellation method is at least as easy to use as the sign‑up method, as required by Va. Code § 59.1‑207.45 et seq.
- Agency. Office of the Attorney General of Virginia, Consumer Protection Section.
Florida
- Governing law and consumer rights. Laws of the State of Florida, including the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq.
- Electronic records. Florida Uniform Electronic Transaction Act, Fla. Stat. § 668.50.
- Recurring plans. For a plan with a term of 12 months or more that renews automatically, we will send you written or electronic notice 30 to 60 days before the cancellation deadline, as required by Fla. Stat. § 501.165, and you may cancel in the same manner you accepted.
- Text messages. We send automated marketing text messages only with your prior express written consent. Reply STOP at any time to opt out.
- Refund policy. Our refund policy is posted at each Florida Clinic as required by Fla. Stat. § 501.142.
- Agency. Florida Department of Agriculture and Consumer Services, Division of Consumer Services, and the Office of the Florida Attorney General.
Other states
- Clinics in other states. If your Clinic is located in a state not listed above, these Terms are governed by the laws of that state, and you have every right that the consumer protection laws of that state do not allow to be waived. Before a Clinic in a new state accepts online Purchases, this Schedule will be updated to add that state.
Questions about these Terms? Contact us at info@byoulaserclinic.com.
