Terms of Service

1. Acceptance of Terms

By visiting our website, scheduling an appointment, purchasing products or services, creating an account, or otherwise using any portion of the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use our website or Services.

BodyFactory reserves the right to modify these Terms at any time. Updated versions will be posted on our website with a revised "Last Updated" date. Continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

2. Eligibility

Our Services are intended solely for individuals who are at least eighteen (18) years of age.

By using the Services, you represent and warrant that:

• You are at least 18 years old;
• You have the legal capacity to enter into binding agreements;
• All information you provide is truthful, complete, and accurate;
• You will promptly update any information that becomes inaccurate.

BodyFactory reserves the right to refuse service, suspend accounts, or cancel appointments if false, misleading, incomplete, or fraudulent information is provided.

Certain treatments may require additional eligibility requirements, medical evaluations, or informed consent before services can be provided.

3. Privacy Practices

Your privacy is important to us.

Any personal information collected through our website, appointment scheduling system, contact forms, email communications, SMS messages, or other Services is governed by the BodyFactory Privacy Policy, which is incorporated into these Terms by reference.

If you receive medical services through licensed healthcare professionals affiliated with BodyFactory, your protected health information may also be governed by applicable federal and state privacy laws, including HIPAA, as well as any Notice of Privacy Practices provided by the treating healthcare provider.

By using our Services, you consent to the collection, use, storage, and disclosure of your information as described in our Privacy Policy.

4. Services Provided

BodyFactory provides aesthetic, skincare, wellness, and related beauty services, as well as administrative, scheduling, customer support, educational content, and technology services.

Certain treatments may be performed by licensed healthcare professionals when required by applicable law.

Information contained on our website—including articles, blogs, videos, treatment descriptions, before-and-after photographs, FAQs, and educational materials—is provided solely for general informational purposes.

Nothing contained on this website constitutes medical advice, diagnosis, treatment recommendations, or establishes a healthcare provider-patient relationship solely through your use of the website.

Only an in-person consultation or evaluation with an appropriately licensed provider can determine whether a treatment is appropriate for you.

Individual treatment results vary significantly based on numerous factors, including age, anatomy, genetics, medical history, lifestyle, and compliance with aftercare instructions.

BodyFactory does not guarantee any specific cosmetic or medical outcome.

5. Appointments and Consultations

Submitting an appointment request does not guarantee that an appointment has been confirmed. Appointments become confirmed only after you receive confirmation from BodyFactory.

BodyFactory reserves the right to reschedule, decline, postpone, or cancel appointments due to provider availability, safety concerns, equipment maintenance, weather conditions, staffing limitations, or other unforeseen circumstances.

Certain services may require a consultation before treatment can be performed. Providers reserve the right to determine that a requested treatment is not medically appropriate or otherwise unsuitable after consultation. In such cases, alternative recommendations may be provided.

6. User Accounts

Some portions of our Services may require you to create an online account. When creating an account, you agree to provide accurate, complete, and current information.

You are solely responsible for maintaining the confidentiality of your username, password, and account credentials. You agree not to:

• Share your login credentials with another person;
• Allow unauthorized access to your account;
• Impersonate another individual;
• Create multiple accounts for fraudulent purposes;
• Use another person's account without permission.

You are responsible for all activities occurring under your account. If you suspect unauthorized use of your account, you must notify BodyFactory immediately.

BodyFactory reserves the right to suspend, restrict, or terminate accounts that violate these Terms or that pose security or legal concerns.

7. Acceptable Use of the Website

You agree to use our website only for lawful purposes. You may not:

• Violate any applicable law or regulation;
• Attempt to gain unauthorized access to our systems;
• Upload viruses, malware, or malicious code;
• Interfere with website functionality;
• Copy, scrape, reproduce, or distribute website content without written permission;
• Attempt to reverse engineer any software used by BodyFactory;
• Use automated bots or scripts to access the website;
• Misrepresent your identity or submit false information;
• Engage in fraudulent transactions;
• Harass, threaten, or abuse employees or other users.

BodyFactory may investigate any suspected misuse of the Services and take any action permitted by law, including suspension or permanent termination of access.

8. Booking Policies

Appointments may be scheduled through our website, by telephone, in person, or through approved third-party scheduling platforms. Appointment availability is subject to provider schedules, treatment availability, and operational needs. Submission of an appointment request does not guarantee availability.

BodyFactory reserves the right to refuse, reschedule, postpone, or cancel any appointment for reasons including, but not limited to:

• Provider availability;
• Equipment maintenance or failure;
• Safety concerns;
• Incomplete medical documentation;
• Failure to satisfy treatment eligibility requirements;
• Suspected fraud;
• Disruptive or abusive behavior;
• Public health or emergency conditions; or
• Circumstances beyond our reasonable control.

Certain treatments require a consultation before services may be provided. A consultation does not guarantee that treatment will be recommended or performed.

9. Deposits

Certain services may require a deposit at the time of booking. Required deposits will be disclosed during the booking process.

Unless otherwise stated in writing:

• Deposits are applied toward the cost of your scheduled service.
• Deposits may be forfeited if you cancel outside the permitted cancellation window, fail to appear for your appointment, or violate these Terms.
• Deposits are generally non-transferable except where required by law or approved by BodyFactory.

If BodyFactory cancels your appointment and cannot reasonably reschedule it, your deposit may be refunded or credited toward a future appointment at our discretion.

10. Payments

Payment is due at the time services are rendered unless otherwise agreed in writing. BodyFactory accepts major credit cards, debit cards, financing programs (when available), gift cards, and other payment methods accepted at our locations.

By providing payment information, you authorize BodyFactory and its authorized payment processors to charge your selected payment method for:

• Services received;
• Retail purchases;
• Applicable taxes;
• Cancellation or no-show fees;
• Outstanding balances;
• Any authorized charges related to your account.

Payment processing is performed by secure third-party payment processors. BodyFactory does not intentionally store complete payment card information on its own systems.

We reserve the right to refuse service for declined, disputed, fraudulent, or unauthorized transactions. BodyFactory does not accept insurance unless expressly stated for a specific service. You are solely responsible for any financing agreements entered into with third-party financing providers.

11. Cancellations, Late Arrivals, and No-Shows

We understand that schedules change. If you need to cancel or reschedule an appointment, we request that you provide at least twenty-four (24) hours' advance notice unless otherwise stated during booking.

Failure to provide timely notice may result in:

• Loss of any appointment deposit;
• A cancellation fee;
• A no-show fee;
• Loss of promotional pricing;
• Forfeiture of prepaid treatment sessions where permitted by law.

Patients arriving late may have their appointment shortened to accommodate other scheduled appointments. If a late arrival prevents adequate treatment time, BodyFactory reserves the right to reschedule the appointment or charge applicable fees.

Repeated cancellations or missed appointments may result in restrictions on future scheduling or permanent refusal of service.

12. Refund Policy

All completed services are final. Because aesthetic and wellness services are personalized and rendered immediately upon treatment, BodyFactory does not provide refunds for services that have been performed.

Individual results vary and cannot be guaranteed. Dissatisfaction with treatment outcomes does not entitle a client to a refund.

If you have concerns following treatment, we encourage you to contact us promptly so that an appropriate follow-up evaluation may be scheduled.

Refunds for prepaid services not yet rendered may be handled according to the specific package, membership, promotional agreement, or applicable law. Retail product returns are governed separately under our Retail Return Policy.

13. Treatment Packages and Memberships

From time to time, BodyFactory may offer prepaid treatment packages, promotional pricing, memberships, subscriptions, or service bundles. Unless otherwise stated:

• Packages are non-refundable after the first treatment has been performed.
• Membership benefits have no cash value.
• Unused promotional services may expire according to their stated terms.
• Membership pricing may change upon notice.
• Memberships may automatically renew if disclosed during enrollment.
• Certain benefits may not be combined with other promotions.

BodyFactory reserves the right to modify, suspend, or discontinue membership programs at any time, provided that existing contractual obligations are honored where required by law.

14. Gift Cards

Gift cards purchased through BodyFactory may be redeemed only toward eligible products and services offered by BodyFactory. Gift cards:

• Are non-refundable except where required by law;
• Cannot be redeemed for cash except where legally required;
• Cannot be replaced if lost or stolen unless otherwise required by law;
• May not be resold without written authorization;
• May not be used for unauthorized commercial purposes.

Promotional gift cards or bonus certificates may contain additional restrictions or expiration dates disclosed at the time of issuance.

15. Retail Products

BodyFactory offers professional skincare and related retail products. We make reasonable efforts to ensure product descriptions, ingredient information, pricing, availability, and images are accurate. However, we do not guarantee that such information will always be free from error.

We reserve the right to correct pricing errors, limit purchase quantities, refuse suspicious transactions, and discontinue products without notice. Products are intended solely for personal use. Unauthorized resale may result in cancellation of future purchases or refusal of service.

16. Aftercare Responsibilities

Successful treatment outcomes depend significantly upon your adherence to all post-treatment instructions. By receiving services from BodyFactory, you agree to:

• Follow all written and verbal aftercare instructions;
• Use medications or skincare products only as directed;
• Attend recommended follow-up appointments;
• Promptly report unexpected reactions or complications;
• Provide accurate updates regarding your medical history and medications.

BodyFactory and its providers shall not be responsible for adverse outcomes resulting from failure to follow post-treatment instructions, failure to disclose relevant medical information, or failure to seek appropriate follow-up care. You understand that aesthetic procedures involve inherent risks and that no specific outcome can be guaranteed.

17. Intellectual Property

All content available through the BodyFactory website and Services—including text, graphics, logos, icons, images, videos, audio recordings, treatment descriptions, software, website design, trademarks, and other materials (collectively, the "Content")—is owned by or licensed to BodyFactory and is protected by applicable intellectual property laws.

Your use of our Services does not grant you ownership of any Content or intellectual property rights. Except as expressly authorized in writing by BodyFactory, you may not:

• Copy, reproduce, republish, distribute, modify, translate, or create derivative works;
• Sell, license, lease, or commercially exploit any Content;
• Remove copyright, trademark, or proprietary notices;
• Frame or mirror any portion of the website;
• Use our trademarks or branding without prior written permission.

Unauthorized use may violate intellectual property laws and may result in legal action.

18. User Feedback and Submitted Content

If you voluntarily submit reviews, comments, testimonials, suggestions, ideas, photographs, videos, or other materials ("User Content") to BodyFactory, you grant BodyFactory a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, display, distribute, and otherwise use such User Content for lawful business purposes, including marketing and promotional activities, unless otherwise agreed in writing.

You represent and warrant that you own or have permission to submit the User Content, that it does not violate any law or third-party rights, and that the information is truthful and accurate.

BodyFactory reserves the right, but has no obligation, to monitor, edit, remove, or refuse User Content at its sole discretion.

19. Electronic Communications

By using our Services, you consent to receive communications electronically. These communications may include appointment confirmations, reminders, billing notices, receipts, account notifications, customer service communications, security alerts, policy updates, and promotional emails where permitted by law.

You agree that electronic communications satisfy any legal requirement that such communications be in writing.

20. SMS Messaging

If you provide your mobile phone number, you consent to receive text messages from BodyFactory relating to appointments, scheduling, customer support, promotions, and other business communications.

Message frequency may vary. Message and data rates may apply based on your mobile carrier. Consent to receive marketing text messages is not a condition of purchasing products or services.

You may opt out of promotional text messages at any time by replying "STOP." Appointment reminders and other transactional communications may continue where necessary to provide requested services.

21. Third-Party Services and Links

Our website may contain links to third-party websites, scheduling platforms, payment processors, financing providers, social media platforms, or other external services. These third-party services operate independently of BodyFactory.

BodyFactory does not control and is not responsible for third-party privacy practices, website content, security, products or services, availability, or accuracy of information. Your use of third-party websites is subject to their own terms and privacy policies.

22. Disclaimer of Warranties

The Services and website are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, BodyFactory disclaims all warranties of every kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, reliability, and continuous operation.

BodyFactory does not warrant that the website will always be available, that services will be uninterrupted, that errors will be corrected, that the website is free of viruses or malicious software, or that treatment outcomes will meet your expectations. Any reliance upon information obtained through our website is at your own risk.

23. Limitation of Liability

To the maximum extent permitted by law, BodyFactory, its owners, employees, contractors, affiliates, licensors, service providers, healthcare professionals, and representatives shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to use of the website, inability to access the website, delays in treatment, technical failures, lost profits, lost business opportunities, loss of data, personal dissatisfaction with cosmetic results, or third-party acts or omissions.

Where liability cannot be excluded by law, BodyFactory's total cumulative liability shall not exceed the total amount actually paid by you to BodyFactory for the specific service giving rise to the claim.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

24. Indemnification

You agree to defend, indemnify, and hold harmless BodyFactory, its owners, officers, employees, contractors, affiliates, healthcare providers, licensors, successors, assigns, and agents from and against any claims, demands, liabilities, damages, losses, costs, expenses, and attorneys' fees arising from or relating to:

• Your violation of these Terms;
• Your misuse of the Services;
• Your negligence or intentional misconduct;
• Your violation of any law;
• Information you submit to BodyFactory;
• Your infringement of any third-party rights.

This obligation survives termination of your use of the Services.

25. Force Majeure

BodyFactory shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to natural disasters, severe weather, fire, flood, pandemic, epidemic, government orders, labor disputes, utility failures, internet outages, cybersecurity incidents, equipment failures, or supplier interruptions. Our obligations shall be suspended for the duration of such events.

26. Termination

BodyFactory reserves the right to suspend, restrict, or terminate your access to the website or Services at any time, with or without notice, if we believe you have violated these Terms, engaged in unlawful conduct, posed a safety risk, or interfered with our operations.

Termination does not affect any obligations that accrued before termination, including payment obligations or provisions intended to survive termination.

27. Governing Law and Dispute Resolution

These Terms shall be governed by and interpreted under the laws of the State of New York, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms or the Services shall first be addressed through good-faith efforts to resolve the matter informally. If a dispute cannot be resolved informally, the parties agree that disputes shall be resolved through binding arbitration on an individual basis in New York, New York, to the fullest extent permitted by law.

Each party waives the right to a jury trial and agrees not to participate in any class action, class arbitration, or representative proceeding unless prohibited by applicable law.

28. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

29. Entire Agreement

These Terms, together with our Privacy Policy and any additional policies or consent forms provided in connection with specific services, constitute the entire agreement between you and BodyFactory regarding your use of the Services and supersede all prior discussions, communications, or agreements relating to the subject matter herein.