Health & Medspa
(A DBA of Health and Psychiatrists Consultants LLC or relevant legal entity — confirm exact entity)
1. LEGAL ENTITY, ACCEPTANCE, AND SCOPE
These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (“Client,” “Patient,” “User,” “you,” or “your”) and the operator of Health & Medspa (the “Company,” “we,” “us,” or “our”), governing your access to and use of the website located at https://healthandmedspa.com (the “Platform”), as well as any services, treatments, consultations, or products offered through the Platform or at physical locations.
By accessing the Platform, booking an appointment, or receiving any service, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
2. NATURE OF SERVICES (MEDICAL + AESTHETIC HYBRID)
The Company operates as a medical spa and wellness clinic, providing both aesthetic and medically supervised services, including but not limited to:
- Cosmetic injectables (e.g., Botox®, dermal fillers)
- Laser treatments and skin rejuvenation
- Medical-grade facials and dermatologic treatments
- Bioidentical Hormone Replacement Therapy (BHRT)
- Medical weight loss programs (including GLP-1 medications)
- Intravenous (IV) therapy
Medspas combine medical treatments with cosmetic procedures and must operate under licensed medical oversight .
Certain services are considered medical treatments and are performed under the supervision of licensed healthcare providers.
3. NO GUARANTEE OF RESULTS (CRITICAL FOR MEDSPA)
You expressly acknowledge that:
- Results from aesthetic and medical treatments vary significantly between individuals
- No guarantees are made regarding outcomes, effectiveness, or duration of results
- Before-and-after images are illustrative only and do not constitute guarantees
Factors affecting outcomes include biological variability, lifestyle, adherence, and underlying health conditions.
4. INFORMED CONSENT AND ASSUMPTION OF RISK
By receiving any treatment, you acknowledge that:
- All procedures involve inherent risks, including but not limited to adverse reactions, complications, or unsatisfactory results
- You have been provided with the opportunity to ask questions and obtain informed consent prior to treatment
- You voluntarily assume all risks associated with elective aesthetic and medical procedures
The Company reserves the right to refuse treatment where deemed medically inappropriate.
5. MEDICAL OVERSIGHT AND CLINICAL DISCRETION
All medical services are provided under the supervision of licensed professionals exercising independent clinical judgment.
The Company does not guarantee that any specific treatment will be recommended or performed.
Providers retain sole discretion to:
- Modify treatment plans
- Decline procedures
- Require additional consultations or testing
6. ELIGIBILITY AND HEALTH DISCLOSURES
You represent that:
- You are at least eighteen (18) years of age or have appropriate guardian consent
- You have disclosed all relevant medical history, medications, allergies, and conditions
- You will update the Company regarding any changes in health status
Failure to provide accurate information may result in complications for which the Company is not liable.
7. APPOINTMENTS, CANCELLATIONS, AND NO-SHOWS
Appointments are subject to availability and may require deposits.
You agree to provide adequate notice for cancellations or rescheduling. The Company reserves the right to:
- Charge cancellation or no-show fees
- Retain deposits
- Refuse future bookings for repeated violations
8. PAYMENT, FINANCING, AND BILLING
You agree to be fully responsible for all charges associated with services.
The Company may offer financing through third-party providers (e.g., CareCredit, Cherry), which operate independently and are subject to their own terms.
The Company makes no guarantees regarding financing approval or terms.
8A. Electronic Communications Consent
By providing your contact information, you consent to receive communications from the Company via email, SMS, and other electronic means, including appointment reminders, treatment follow-ups, and administrative notifications.
You acknowledge that such communications may not be fully secure and that message and data rates may apply.
You may opt out of non-essential communications; however, certain communications are necessary for service delivery.
9. PRODUCTS, DEVICES, AND FDA DISCLAIMER
The Company utilizes FDA-approved or FDA-cleared products and devices where applicable; however:
- Individual results may vary
- FDA approval does not guarantee outcomes
- Off-label use of medications or treatments may occur where clinically appropriate
10. PHOTOGRAPHY, MEDIA, AND BEFORE/AFTER IMAGES
The Company may take photographs for:
- Clinical documentation
- Treatment planning
- Quality assurance
Use of images for marketing purposes requires separate written consent.
You acknowledge that:
- Before-and-after images are for illustrative purposes only
- Results are not guaranteed or typical
11. TELEHEALTH AND REMOTE SERVICES
Certain services (e.g., weight loss consultations, hormone therapy follow-ups) may be provided via telehealth.
You acknowledge the limitations of telehealth, including reduced ability for physical examination and potential technical disruptions.
11A. Recording Restrictions
You agree not to record, photograph, or capture any consultations, treatments, or interactions with Company personnel without prior written consent.
Unauthorized recording may result in termination of services and legal action.
12. EMERGENCY LIMITATION
The Company does not provide emergency medical services.
In the event of a medical emergency, you must immediately contact emergency services or visit the nearest emergency facility.
13. ACCEPTABLE USE
You agree not to:
- Provide false or misleading information
- Interfere with operations
- Misuse services or staff
Violation may result in termination of services.
14. INTELLECTUAL PROPERTY
All content on the Platform is the property of the Company and may not be reproduced or used without authorization.
15. DISCLAIMER OF WARRANTIES
All services and Platform access are provided “as is” without warranties of any kind.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
The Company shall not be liable for:
- Dissatisfaction with aesthetic results
- Adverse reactions within known risk parameters
- Indirect or consequential damages
Total liability shall not exceed the amount paid for services.
17. INDEMNIFICATION
You agree to indemnify the Company against claims arising from misuse of services or failure to disclose relevant medical information.
18. TERMINATION
The Company may refuse or terminate services at its discretion, including for safety, compliance, or operational reasons.
19. GOVERNING LAW
These Terms shall be governed by the laws of the State of Florida.
20. MODIFICATIONS
The Company may update these Terms at any time. Continued use constitutes acceptance.
21. BINDING ARBITRATION AND CLASS ACTION WAIVER
Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any services provided by the Company shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association in accordance with its applicable rules.
The arbitration shall be conducted on an individual basis, and you expressly waive any right to participate in any class action, collective action, or representative proceeding.
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction for matters relating to intellectual property or unauthorized use of confidential information.
By agreeing to these Terms, you knowingly waive any right to a trial by jury.
22. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, pandemics, regulatory actions, cyber incidents, power failures, telecommunications disruptions, or failures of third-party systems.
23. CONTACT
Health & Medspa
3919 Tampa Road, Oldsmar, FL 34677
Phone: +1 727 444 0995
Email: legal@healthandmedspa.com