These Terms of Service ("Terms") govern your access to and use of the website located at memphisaesthetics.com (the "Site"), and your use of any services, products, appointment booking, online store, financing referrals, and related offerings made available by Memphis Aesthetics and Wellness ("Memphis Aesthetics and Wellness," "the Clinic," "we," "us," or "our"). By accessing or using the Site, booking an appointment, purchasing a product or service package, submitting a patient form, or otherwise interacting with us, you ("you," "client," "patient," or "user") agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site or our services.

1. Acceptance of Terms

By using the Site or our services in any manner, you confirm that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and any additional terms, consent forms, or policies referenced herein or provided to you in connection with a specific treatment or purchase. If you are using the Site or our services on behalf of another person (for example, scheduling on behalf of a family member), you represent that you are authorized to bind that person to these Terms.

2. Eligibility

You must be at least 18 years of age to create an account, book an appointment, purchase products or services, or submit patient intake forms through the Site. Certain treatments may have additional age, health, or eligibility requirements as determined by our licensed providers during consultation. Minors may only receive services with the written consent of a parent or legal guardian and in accordance with applicable law and clinic policy.

3. Our Services

The Clinic offers medical aesthetics, wellness, and body-contouring services, which may include (without limitation): medically supervised weight-loss programs, cosmetic injections (such as Botox, Dysport, Xeomin, Juvederm, Sculptra, Revanesse Versa, and Kybella), laser hair removal, HydraFacial, PRP hair restoration, chemical peels, Virtue RF microneedling, Scarlet RF, Emsculpt Neo, Emsella, Cellutone, NOUVADerm and Obagi Nu-Derm skincare products, dermal fillers, non-surgical butt lift, vaginal rejuvenation, Botox for hyperhidrosis, sexual enhancement and low testosterone therapy, and related consultations (collectively, the "Services"). Descriptions of Services and products on the Site are for general informational purposes and are subject to change. Not every Service is appropriate for every individual, and availability of a given Service is subject to a consultation with, and the clinical judgment of, our licensed providers.

3.1 Medical & Aesthetic Disclaimer

All medical and aesthetic Services are performed or supervised by licensed and/or credentialed medical professionals. Nothing on the Site constitutes medical advice, and no provider-patient relationship is formed through your use of the Site alone. A provider-patient relationship is established only after an in-person or approved telehealth consultation and your completion of any required medical history, informed consent, and intake forms. You agree to provide complete, accurate, and current health information; withholding or misrepresenting medical history may affect your eligibility for treatment and the safety of any procedure performed.

3.2 No Guarantee of Results

Aesthetic, weight-loss, and wellness outcomes vary from person to person based on individual anatomy, health history, lifestyle, and adherence to pre- and post-treatment instructions. Photographs, testimonials, and "success stories" referenced on the Site (including client accounts of weight lost or cosmetic outcomes) reflect individual experiences and are not a guarantee, warranty, or prediction that you will achieve similar results. We do not guarantee any specific cosmetic, medical, or weight-loss outcome from any Service.

3.3 Assumption of Risk & Informed Consent

Cosmetic injections, laser treatments, energy-based devices, microneedling, and other procedures carry inherent risks, including but not limited to bruising, swelling, infection, allergic reaction, asymmetry, or unsatisfactory results. Prior to any procedure, you will be asked to review and sign a procedure-specific informed consent form describing the relevant risks, benefits, and alternatives. Your signature on that consent, separate from these Terms, is a condition of receiving treatment.

4. Appointments, Scheduling & Cancellations

•      Appointments may be requested through the Site's online booking page, by phone, or by email, and are confirmed once you receive a confirmation from our staff.

•      We ask that you notify us as far in advance as possible if you need to reschedule or cancel an appointment. Late cancellations, no-shows, or repeated rescheduling may result in a cancellation fee, forfeiture of a deposit, or a requirement to prepay for future bookings, as communicated to you at the time of scheduling.

•      Deposits or prepayments for certain Services or device packages (for example, multi-session packages such as Virtue RF or Cellutone) may be required to hold your appointment and, unless otherwise stated in a specific package agreement, are applied to the cost of the Service.

•      We reserve the right to reschedule or decline to perform a Service, at any time and at our sole clinical discretion, including where a consultation indicates a treatment is not medically appropriate, where required health information has not been provided, or where equipment or provider availability changes.

•      Current business hours are posted on the Site and are subject to change; please confirm hours directly with the Clinic before visiting.

5. Online Store, Pricing & Payment

The Site includes an online store through which you may purchase skincare products, treatment packages, and service credits (for example, lip plumping treatments, fat-dissolving and weight-loss injections, and multi-session device packages). By placing an order, you represent that you are authorized to use the payment method provided and that the information you supply is accurate and complete.

5.1 Pricing

All prices are listed in U.S. dollars and are subject to change without notice. We make reasonable efforts to ensure pricing accuracy but are not liable for typographical or pricing errors; if an item is listed at an incorrect price, we reserve the right to cancel the order, refuse or cancel any such purchase, and refund any amount already charged.

5.2 Payment

Payment is due at the time of booking, purchase, or service, unless other arrangements (such as approved financing) have been made in advance. We accept the payment methods indicated at checkout or in-clinic. You authorize us to charge the payment method provided for the full amount of your order or Service, including any applicable deposits, taxes, or fees.

5.3 Financing

Where financing options are referenced on the Site, financing is provided by independent, third-party financing companies and is subject to that provider's own credit approval, terms, interest rates, and repayment conditions. We are not a lender, do not control third-party financing decisions, and are not responsible for the terms, fees, or servicing of any financing agreement you enter into with a third party.

6. Shipping, Returns, Refunds & Exchanges

6.1 Physical Products

Skincare and retail products purchased through the Site are shipped or made available for in-clinic pickup as indicated at checkout. Shipping timeframes are estimates only and are not guaranteed. Risk of loss for shipped products passes to you upon delivery to the shipping carrier.

6.2 Product Returns

Unopened, unused retail products in their original packaging may be returned within a reasonable period from the date of purchase for a refund or exchange, subject to proof of purchase and any manufacturer restrictions. For hygiene and safety reasons, opened, used, or final-sale skincare and injectable products generally cannot be returned. Please contact us before returning any product.

6.3 Services, Packages & Prepaid Sessions

Because medical and aesthetic Services involve the reservation of clinical time, equipment, and provider resources, fees paid for consultations and completed treatments are generally non-refundable. Prepaid multi-session packages (for example, laser hair removal series or device-based packages) are non-transferable to another person unless we agree otherwise in writing, and unused sessions may be subject to an expiration period disclosed at the time of purchase. Refunds, credits, or package adjustments, where offered, are provided at our discretion or as required by applicable law.

6.4 Gift Cards & Promotions

Gift cards and promotional credits are non-refundable and non-redeemable for cash except where required by law, and are subject to any expiration or usage terms stated at the time of purchase.

7. Health Information & Privacy

We collect health, medical history, and treatment-related information through patient intake forms, consultations, and related communications in order to provide safe and appropriate care. This information is handled in accordance with applicable privacy and health-information laws, including the Health Insurance Portability and Accountability Act (HIPAA) where applicable, and our separate Notice of Privacy Practices and Privacy Policy, which are incorporated into these Terms by reference. By submitting a patient form or providing health information, you consent to its collection, use, and disclosure as described in those documents.

7.1 Photography & Testimonials

We may take before-and-after photographs or videos for your clinical record. We will not publicly display, publish, or use your image, likeness, or testimonial for marketing purposes without your separate, specific written consent.

8. Website Use & User Conduct

When using the Site, you agree that you will not:

•      Provide false, inaccurate, or misleading information on any form, booking request, or purchase;

•      Use the Site for any unlawful purpose or in violation of any applicable local, state, or federal law or regulation;

•      Attempt to gain unauthorized access to any portion of the Site, other accounts, or our computer systems or networks;

•      Interfere with or disrupt the Site, servers, or networks connected to the Site, including through viruses, malware, or automated scraping;

•      Copy, reproduce, or exploit any content of the Site for commercial purposes without our prior written consent;

•      Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

We reserve the right to suspend or terminate your access to the Site, refuse service, or cancel a pending appointment or order if we reasonably believe you have violated these Terms.

9. Intellectual Property

All content on the Site, including text, graphics, logos, images, product descriptions, before-and-after photography, and the "Memphis Aesthetics and Wellness" name and marks, is the property of Memphis Aesthetics and Wellness or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may view and print Site content for your own personal, non-commercial use only. You may not reproduce, distribute, modify, publicly display, or create derivative works from any Site content without our prior written permission.

10. Third-Party Links & Services

The Site may contain links to third-party websites or services, including social media platforms, financing providers, and payment processors, which are not owned or controlled by us. We are not responsible for the content, privacy practices, or terms of any third-party site, and inclusion of a link does not imply endorsement. Your use of any third-party site or service is at your own risk and subject to that third party's own terms and policies.

11. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY INFORMATION ON THE SITE IS COMPLETE OR CURRENT. NOTHING ON THE SITE IS A SUBSTITUTE FOR AN IN-PERSON MEDICAL CONSULTATION, DIAGNOSIS, OR TREATMENT BY A QUALIFIED PROVIDER.

12. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Clinic, its owners, providers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Site or the Services, even if advised of the possibility of such damages. Nothing in these Terms is intended to limit liability for a Service provider's own negligence in the rendering of medical care to the extent such limitation is not permitted by Tennessee law; this Section applies to the fullest extent that limitation is permitted.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Clinic and its owners, providers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your misuse of the Site, or your provision of false or incomplete health information.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or your use of the Site or Services shall be subject to the exclusive jurisdiction of the state or federal courts located in Shelby County, Tennessee, and you consent to personal jurisdiction and venue in those courts.

15. Changes to These Terms

We may update or modify these Terms from time to time. The "Effective Date" at the top of this document reflects the date of the most recent revision. Continued use of the Site or our Services after any changes take effect constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will otherwise remain in full force and effect.

17. Contact Us

If you have any questions about these Terms, please contact us:

•      Memphis Aesthetics and Wellness

•      310 S Walnut Bend Suite #8, Cordova, TN 38016

•      Phone: 901.244.6285

•      Email: [email protected]

•      Website: memphisaesthetics.com