Terms and Conditions

TABLE OF CONTENTS

1. Appointment Policy
2. Consultations Policy
3. Cancellation Policy
4. Pricing & Prepayments Policy
5. Returns & Refunds Policy
6. Child Policy
7. Pet Policy
8. Privacy Policy
9. Mobile Terms of Service
10. Indemnification
11. BINDING ARBITRATION AND CLASS ACTION WAIVER

 

 

 

 

 

 

 

 

 

1. Appointment Policy
To ensure that you get an appointment for the date and time you desire, we suggest booking all appointments a week in advance. Our website displays the most up-to-date availability.
Please note that we require a credit card to reserve your appointment. 

2. Consultations Policy
We provide free consultations with one of our expert providers. We believe an informed client with realistic expectations will be most satisfied with our treatments and results. Our consultations include education, a comprehensive discussion about all options available to you, both immediate and long term, and a clear plan of action based on your individual goals. There is a limit of two (2) free consultations per person per 365 days.

3. Cancellation Policy
As a courtesy to our staff, please provide a minimum of twenty-four (24) hours notice should you need to cancel or reschedule an appointment. You will be charged full price if an appointment is canceled or rescheduled less than twenty-four (24) hours in advance and charged in full if there is a no-contact or no-show. If you arrive more than ten (10) minutes late for your appointment, you may be required to reschedule to avoid disrupting other clients’ appointments. Minimum rescheduling notice is 4 hours. 

4. Pricing & Prepayments Policy
Pricing for products and services is subject to change any time. Once prepaid, you have up to 1 year to redeem the purchased service(s).

If there are any payment issues with a client’s credit or debit card or CareCredit – chargebacks, fraud issues, etc., we cannot accept credit or debit cards or CareCredit from the client and require payment in cash.

5. Returns & Refunds Policy
Given the nature of our services, we do not accept returns or exchanges on gift cards. However, if you are unsatisfied with your service and contact customercare@lavhealthfusion.com within 24 hours, you may be entitled to a partial refund. Prepayments are refundable within ten (10) days of purchase. Services received can not be refunded after 24 hours. If you have already had the consultation, you are not eligible for a full refund as a portion of the service has already been started.

6. Child Policy
Though we are kid friendly, to ensure the safety of children and the enjoyment of all clients, we ask that parents or guardians make other arrangements for children while receiving their services. An adult must accompany children under the age of eighteen (18) receiving services.

7. Pet Policy
Though we are pet friendly, for the health and safety of our clients, we have a No-Pets policy in the environment of the services received. Only working service animals are permitted.

8. Privacy Policy
Your privacy is essential to us. The following outlines our privacy policy to help you understand how we collect, use, communicate, disclose, and use personal information.

Before or at the time of collecting personal information, we will identify the purposes for which information is collected. We will collect and use personal information solely to fulfill our specified purposes and for other compatible purposes. We will only retain personal information as long as necessary to fulfill the specified purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft and unauthorized access, disclosure, copying, use, or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

You can permanently disable your account and remove your information from our database at any time by sending an email to customercare@lavhealthfusion.com. You can see what information is deleted and what we continue to store after the account is disabled in our privacy policy.

These terms remain in effect after your account is disabled.

We collect information automatically as you navigate the site or through our analytics providers. We may store usage information such as the type of device you use to access our Website, including IP address, device ID, the pages you visit or request, links clicked, referring sites, user interactions, and your search terms. We also derive your location from your IP address.

9. Mobile Terms of Service

La V Health Fusion

The La V Health Fusion mobile message service (the "Service") is operated by La V Health Fusion (“La V Health Fusion”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to La V Health Fusion’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of La V Health Fusion through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with La V Health Fusion. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18889059278 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other La V Health Fusion mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18889059278 or email customercare@lavhealthfusion.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

The La V Health Fusion mobile message service (the "Service") is operated by La V Health Fusion (“La V Health Fusion”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to La V Health Fusion’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of La V Health Fusion through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with La V Health Fusion. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18889059278 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other La V Health Fusion mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18889059278 or email customercare@lavhealthfusion.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

10. Indemnification
You agree to defend, indemnify and hold harmless La V Health Fusion, its affiliates, subsidiaries, and each of its and their respective directors, officers, shareholders, managers, employees, agents, partners, representatives, licensors, successors, and assigns (collectively, “Related Parties”) from any claim, demand, loss, award of damages, expense, or cost (including reasonable attorneys’ fees) that arises out of:

(a) Your use of, inability to use or access, or reliance on, the Platform or the Services, or any goods or services obtained therefrom;

(b) Your provision or receipt of a Treatment;

(c) Your travel in connection with the provision or receipt of a Treatment;

(d) Your interaction with any other User;

(e) Any claim that you violated any provision, term, condition, covenant, warranty, or representation in this Agreement;

(f) Any violation of this Agreement by you or any other person using your User Account, whether or not such usage is expressly authorized by you;

(g) Any harm to person or property resulting from your acts or omissions, whether such acts are intentional, negligent, or otherwise;

(h) La V Health Fusion’s use, disclosure, or preservation of User Content; or

(i) Your violation of any rights of another, including intellectual property rights.

11. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY—YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. 

There may be instances in which disputes arise between us. You, on the one hand, and La, VICTOIRE, LLC D.B.A La V Health Fusion on the other hand, agree to resolve, by binding individual arbitration, all Disputes (including any related disputes involving La VICTOIRE or its affiliates) except for:  (i) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action; and (ii) any dispute relating to the ownership or enforcement of intellectual property rights.

 

“Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and us concerning the Services, or this exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation, the arbitrability of any dispute, and any claim that all or any part of this Agreement is void or voidable.

 

YOU, LA VICTOIRE, LLC, AGREE TO WAIVE CLASS ACTION PROCEDURES.

 

No party will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which any party acts or proposes to act in a representative capacity. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the applicable arbitrations or proceedings. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Disputes will be resolved in a court.

 

1. Small Claims Court. Subject to applicable jurisdictional requirements, you or we may elect to pursue a Dispute in a local small claims court rather than through the informal dispute resolution process described below or arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
2. Informal Dispute Resolution. In the event of a Dispute, you and we agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. Except for those Disputes eligible to be resolved in small claims court, the claiming party must send to the other party a notice of a Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of a Dispute to La VICTOIRE, 2054 Vista Parkway West Palm Beach, FL 33411, Attention: Legal. We will send any notice of a Dispute to you at the contact information we have available for you in connection with your La V Health Fusion account. You and we will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of a Dispute is sent. This informal negotiation requires an individual meet–and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and us (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually participate. La VICTOIRE will participate in the Conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. Nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any Conference or filing in small claims court. Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
3. Arbitration Process and Rules. If you and we do not resolve a Dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. Any demand for arbitration must be filed with ADR Services, Inc. (“ADR Services”) (https://www.adrservices.com/). If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation (“NAM”) (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The arbitration will be conducted by a single, neutral arbitrator.

 

Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, if you can demonstrate that arbitration in West Palm Beach, FL would create an undue burden to you, the arbitrator may hold an in-person hearing in your hometown area. You, La VICTOIRE agree to submit to the exclusive jurisdiction of the federal or state courts located in West Palm Beach, FL, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim.

1. If we initiate an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration, you will be responsible for the nonrefundable initial filing fee and other applicable fees, as required by ADR Services or NAM. ADR Services sets forth fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/. NAM permits any person to request information as to fees for its services at https://www.namadr.com/info-request-form/?request_type=Standard_Fees_and_Costs. If the arbitrator finds that either the substance of a claim or the relief sought violate the representation requirements of Federal Rule of Civil Procedure 11, to the extent permitted by law, the arbitrator shall have the same power to award sanctions consistent with that rule.
2. Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer.
3. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with La VICTOIRE, LLC, D.B.A La V Health Fusion, including any revocation of consent or other action by you to end your participation in the Services or any communication with us.
4. Opt-out. You may opt out of this arbitration agreement via mail. If you do so, neither party can force the other party to arbitrate. To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement; otherwise, you shall be bound to arbitrate Disputes on a non-class basis in accordance with this Agreement. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. You opt-out notice must include your name and address, the email address you used to set up your La V Health Fusion account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement (and, if applicable, that you want to opt out of the class action waiver). You must mail your opt-out notice to 2054 Vista Pkwy #400 West Palm Beach, FL 33411. For clarity, opt-out notices submitted via email will not be effective.

If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney. We thank you for understanding why it is important that we agree on the process for addressing disputes.

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