RTA Maintenance Membership Agreement
Provider: RT Aesthetics Ltd, a company registered in England, with registered office at First Floor, The Knowles, Front Street, Whickham, NE16 4SN, hereinafter referred to as the “Provider.”
Member: Details are given at the beginning of this contract
1. Membership Description
1.1 The RTA Maintenance Membership (“Membership”) enables members to access a range of skincare and aesthetic treatments provided by RT Aesthetics Ltd (“the Clinic”) through the purchase of monthly membership packages.
1.2 Members may select from various membership tiers, each with a designated monthly fee and corresponding services. Specific details regarding services included in each tier will be provided to the member upon enrollment.
2. Membership Term
2.1 The Membership term shall commence upon enrollment and continue for an initial period of 12 months from the Effective Date of this Agreement. This agreement cannot be cancelled until the end of the 12-month term, at which point it will automatically cancel itself.
2.2 Following the initial 12-month period, the Membership shall not renew automatically. Upon completion of the 12-month term, the Member may choose to rejoin and sign a new agreement if they wish to continue their Membership benefits.
3. Payment and Benefits Allocation
3.1 Members agree to make monthly payments to access Membership benefits. The cost of each membership tier and payment details will be outlined above under the Payment Terms when they sign up via ChargeBee. This will be billed upon signing up and then on the 1st of each month for the remainder of the 11 months unless delayed by the clinic.
3.2 Membership benefits, including treatments and discounts, are allocated to the member’s account each month based on the selected membership tier.
3.3 Payments are to be made according to the payment methods and schedules specified in the signup form when making payment.
3.4 Membership benefits, such as treatments and discounts, hold no cash value and can only be redeemed for products or services offered by RT Aesthetics Ltd.
4. Changes to Terms and Conditions
4.1 The Provider reserves the right to alter these terms and conditions, adjust membership fees, modify benefits, or withdraw the membership scheme at any time. The Member will be notified in writing of any such changes with 30 days’ notice.
4.2 Any price increases or changes to membership benefits will take effect following the 30-day notice period, and continued use of the membership after this period will constitute acceptance of the revised terms.
4.3 If the Member does not agree to the changes, they may cancel their membership by providing written notice within the 30-day notice period. No refunds or prorated refunds will be issued for cancellations under this clause.
5. Entire Agreement
5.1 This Agreement constitutes the entire understanding between the Provider and the Member, superseding all prior agreements, discussions, negotiations, understandings, and representations, whether oral or written.
5.2 No amendments, modifications, or supplements to this Agreement shall be binding unless made in writing and signed by both parties.
5.3 The Member acknowledges that they have not relied on any statements, promises, or representations made by the Provider or any third party that are not expressly set out in this Agreement.
5.4 Any failure by the Provider to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision of this Agreement.
6. Identification and Appointment Booking
6.1 To complete the membership enrollment process, the Member’s information will be verified through banking software, including Stripe, Visa, MasterCard, AMEX, and GoCardless for direct debit payments. While the Member must present photographic identification, such as a driver’s license or passport, at the time of signing up, the Provider does not retain copies of these documents. If the Member signs up online, their ID will be verified using the banking software mentioned above.
6.2 Advanced Booking for Preferred Appointments: The Provider encourages Members to book treatments well in advance, especially during peak periods or high-demand times. This ensures that Members can secure preferred appointment slots that best fit their schedules, enhancing their overall experience as valued members.
Security and Privacy of Information
6.3 Security and Privacy of Information: The Provider is committed to protecting the Member’s personal information and will only use the data collected during the enrollment process for the purpose of verifying identity and facilitating membership benefits. All information processed through banking software is handled in accordance with relevant data protection laws, and no personal identification data is stored by the Provider.
Fraud Prevention Measures
6.4 Fraud Prevention Measures: As part of our commitment to maintaining a secure membership environment, the Provider may conduct periodic checks to verify the authenticity of the Member’s information. Any discrepancies or suspicions of fraudulent activity will result in immediate suspension of the membership pending further investigation.
Member Responsibility
6.5 Member Responsibility: The Member is responsible for ensuring that their identification and payment information remain accurate and up-to-date throughout the duration of the membership. Failure to do so may result in delays in service or interruptions in membership benefits.
Data Use and Compliance
6.6 Data Use and Compliance: The Provider complies with all applicable financial and data protection regulations, ensuring that all banking software used for verification is fully compliant with PCI DSS standards (Payment Card Industry Data Security Standard) to safeguard Member information.
In-Person Verification Requirements
6.7 In-Person Verification Requirements: If additional verification is required at any point during the membership, the Member may be asked to present identification again at the Provider’s discretion. This process will be handled with the same level of privacy and security as during the initial sign-up.
7. Missed Appointments
7.1 If the Member fails to attend a pre-booked treatment without providing at least 48 hours’ notice for cancellation or rescheduling, the full cost of the appointment will be charged, or they will forfeit the servicer booked in full. This amount will be automatically deducted from the Member’s debit/credit card on file or via direct debit.
8. Payment Authorisation and Debt Collection
8.1 Payment Authorisation: Upon enrolment in the maintenance membership, the Member authorises the Provider to securely store their card details and direct debit information for payment processing.
8.2 Resolution of Payment Failures: If a payment fails, the Member has 14 days to rectify the payment. If payment is not made within this period, an administration fee of £25 will be added. The full remaining balance for the 12-month membership will become immediately payable.
8.3 Full Payment Collection: Once the full outstanding balance is paid, the membership will remain valid for the remainder of the 12-month term, effective from the original contract start date.
8.4 Disputed Payments: If any payment is disputed via the bank for card payments or direct debits, and the payment is deemed valid, a £200 plus VAT charge will be added to the Member’s account. This charge will be taken via the saved card or direct debit if still set up on the Member’s file. If payment is not collected, an email requesting payment will be sent. Failure to pay will result in the debt being increased by the amount of the charge and referred to a third-party collections agency.
8.5 Debt Collection for Persistent Payment Issues: If payment issues persist beyond initial resolution attempts, the Provider reserves the right to engage a debt collection agency to recover the outstanding debt. The debt collection agency may charge additional fees for their services. The Provider will share the Member’s information, including full name, email, address, invoice details and any other relevant information for the use of debt collection purposes with the third party solely for debt collection purposes, in compliance with GDPR regulations.
8.6 Administration Fee for Payment Failures: In the event of a payment failure, a £25 administration fee will be added to the Member’s account.
8.7 During the debt recovery process, all membership benefits will be suspended, and any booked appointments will be cancelled. If an appointment is cancelled within 48 hours due to member default, full payment for the service will be required in accordance with our cancellation policy.
8.8 Payment information will be shared with Stripe for card processing and/or Gocardless for Direct Debit payments.
9. Membership Activation
9.1 The Member’s membership shall commence upon the successful processing of the first payment.
10. Membership Upgrade and Downgrade
10.1 After the initial 12-month commitment, the Member may upgrade their membership to a higher plan once per year with an updated agreement. Downgrading of the membership during the year is not permitted.
11. Discounts and Promotions
11.1 Limitations on Discounts: Discounts extended to Members for treatments and skincare products are subject to certain limitations. These discounts cannot be combined or used simultaneously with any other ongoing offers or promotions unless expressly and explicitly stated otherwise.
11.2 Preservation of Offers: This restriction ensures the preservation of the unique and exclusive benefits provided to Members as part of the membership program. By maintaining the exclusivity of these discounts, the Provider aims to deliver exceptional value and specialised advantages to its Members, enhancing their overall experience.
11.3 Transparent Communication: In cases where a discount or promotion can be used in conjunction with other offers, the Provider will communicate this clearly and explicitly to the Member to provide full transparency and enable them to make the most informed decisions regarding their benefits and savings.
12. Termination for Cause
12.1 The Provider may terminate the membership for cause if the Member breaches any terms of this Agreement. Termination for cause does not require a 30-day notice and may result in immediate cessation of membership benefits.
12.2 In the event of termination for cause as described in Section 12.1, the Member will remain liable for all charges for the remainder of the 12-month agreement, and no refunds will be issued for any unused portion of the membership term.
13. Cooling-Off Period
13.1 The Member has a statutory cooling-off period of 14 days from the Effective Date of this Agreement, during which they may cancel their membership without penalty, provided they have not accessed any membership benefits.
13.2 If the Member requests access to membership benefits or uses the digital product within the 14-day cooling-off period, the cooling-off period will be deemed to have been waived. Consequently, the Member will forfeit their right to cancel without penalty.
13.3 If the Member accesses any membership benefits or receives cashback within the cooling-off period, their right to cancel without penalty will be forfeited.
13.4 If cashback has been added to the account for previous treatments, courses of treatment, or treatment packages, the right to cancel without penalty will be forfeited.
13.5 Joining fees are non-refundable and are charged solely for administrative purposes; they do not form part of the membership fee.
14. Joining Fees
14.1 In addition to the membership fees outlined in Section 2, the Member agrees to pay a one-time joining fee of £299 upon enrollment into the RTA Maintenance membership. Unless they are an RTA VIP member, they will get an applicable discount as listed in the contract above.
14.2 If you cancel your VIP membership while enrolled in the maintenance program, you will be responsible for the £299 joining fee.
15. Add-Ons and RTA Flex
15.1 Add-Ons Integration: Any add-ons selected by the Member at the time of enrollment or during the membership term will be incorporated into the 12-month agreement and are subject to the same terms and conditions as the core membership.
15.2 RTA Flex Roll-Over Policy: If the Member opts for the RTA Flex add-on, they may roll over up to 6 sessions twice during the 12-month agreement. These rolled-over sessions must be used within the 12-month period; any unused sessions after this period will be forfeited.
16. Force Majeure
16.1 In the event of unforeseen circumstances or events beyond the control of either party, such as natural disasters, acts of terrorism, or government actions, this Agreement may be temporarily suspended or terminated as deemed necessary by the Provider. The Provider and Member will handle their respective obligations as per the circumstances.
17. Data Protection and Privacy
17.1 The Provider will process the Member’s personal data in compliance with applicable data protection and privacy laws. Details of data processing purposes and the Member’s data rights can be found in the Privacy Policy.
18. Severability
18.1 If any part of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Cancellation Due to Medical Reasons
19.1 If the Member needs to cancel their maintenance membership due to medical reasons, they must provide a signed letter from their GP confirming their medical condition and the necessity for cancellation.
19.2 The maintenance membership will be reviewed every 2 months to assess suitability for continuation. If, based on the review and a signed GP letter, the Member is deemed unsuitable for the maintenance program to last longer than 6 months, the membership will be cancelled immediately.
19.3 An early termination fee of £240, including VAT, will apply. Billing will continue until the signed GP letter is received.
19.4 Any previous payments will not be refunded; this includes payments that continue when awaiting the signed GP letter and/or any services not used under the membership.
20. Electronic Signature
20.1 The parties acknowledge that electronic signatures or acceptance through digital means are legally binding and acceptable for the Agreement.
21. Governing Law and Jurisdiction
21.1 This Agreement shall be governed by and construed in accordance with the laws of the UK. Any legal actions related to this Agreement shall be brought in the courts of the United Kingdom.
22. Notices
22.1 Any notices or communications required under this Agreement shall be made in writing and delivered to the respective party’s contact information provided in this Agreement.
23. Amendments: This section outlines how and when the agreement can be amended, including notice periods for members regarding any changes to terms and conditions.
23.1 Amendment Process: The Provider reserves the right to amend the terms and conditions of this Agreement when necessary. Amendments may be made for reasons including, but not limited to, regulatory changes, enhancements to the membership program, or improvements in service delivery.
23.2 Notice of Amendments: In the event of amendments to this Agreement, the Provider will provide written notice to all members at least 30 days prior to the effective date of the changes. Notice may be delivered through electronic communication, postal mail, or other appropriate means.
23.3 Member Consent: Members shall be deemed to have consented to the amendments unless they provide written notice of their intent to terminate their membership within 30 days following the receipt of the notice of amendments.
24. Member Conduct: This section outlines expected behavior and a code of conduct for members while participating in the membership program.
24.1 Code of Conduct: Members are expected to conduct themselves in a respectful and considerate manner at all times when participating in the membership program. This includes interactions with other members, staff, and service providers.
24.2 Compliance with Policies: Members are required to comply with all policies and guidelines established by the Provider related to the membership program. Failure to adhere to these policies may result in termination of membership, and the Member will still be liable for all and any fees outstanding on the membership.
24.3 Non-Disparagement: Members shall refrain from making derogatory, disparaging, or harmful statements or comments about the Provider, its staff, or other members in any public or private forum.
25. Liability Limitation: This section clarifies the extent of liability for both parties, particularly for any injuries or damages that may occur during treatments or events.
25.1 Provider’s Liability: The Provider shall not be liable for any injuries, damages, losses, or claims arising out of or related to the provision of treatments, events, or other membership benefits unless such liabilities result from gross negligence or willful misconduct.
25.2 Member’s Responsibility: Members are responsible for their own well-being and safety during treatments, events, or other membership activities. The Provider shall not be held liable for any injuries or damages resulting from a member’s failure to adhere to instructions, guidelines, or recommendations provided.
26. Force Majeure: This section addresses unforeseeable circumstances or events beyond the control of both parties that may affect the performance of the Agreement.
26.1 Definition: “Force Majeure Event” refers to any event or circumstance beyond the reasonable control of the Provider or the Member, including but not limited to acts of God, war, terrorism, strikes, natural disasters, governmental actions, and pandemics.
26.2 Effects of Force Majeure: In the event of a Force Majeure Event that prevents either party from fulfilling its obligations under this Agreement, the affected party shall promptly notify the other party of the occurrence of such an event and its expected duration.
26.3 Suspension of Some Obligations: During the Force Majeure Event, the affected party’s obligations under this Agreement may be temporarily suspended, except for the payment obligations mentioned in Section 2. In other words, the Member remains obligated to make payments as specified in Section 2, even during a Force Majeure Event.
26.4 Termination: If a Force Majeure Event continues for a period of 3 months, either party may terminate this Agreement by providing written notice to the other party. In such a case, the Member shall not be entitled to any refund of membership fees paid, but the payment obligations shall remain in effect.
27. Complaints
27.1 All complaints must be submitted in accordance with the Provider’s Complaints Policy. The policy outlines the procedures for lodging, handling, and resolving complaints and can be accessed on the Provider’s website or obtained by request.
27.2 To ensure that complaints are addressed promptly and effectively, Members should follow the specific steps detailed in the Complaints Policy, including providing all relevant information and documentation required for the complaint to be properly reviewed.
27.3 The Provider is committed to addressing and resolving complaints in a fair and timely manner, in line with the procedures set out in the Complaints Policy.
27.4 Any complaint that does not follow the Complaints Policy may not be considered or may be delayed in resolution. The Provider reserves the right to request additional information or clarification from the Member to facilitate the resolution of the complaint.
27.5 If a Member is dissatisfied with the outcome of their complaint as per the Complaints Policy, they have the right to escalate the issue to an appropriate external body or regulatory authority as applicable.
28. Pricing Adjustments During the Minimum Term: The membership pricing may be adjusted during the minimum term of this agreement. Any pricing adjustments, if deemed necessary, will be communicated to members in advance, with at least 30 days written notice. Members are encouraged to review their membership agreement for the most current pricing information.
29. Termination by Member
29.1 Termination Notice and Early Cancellation: Members are committed to a 12-month RTA Maintenance Membership and cannot cancel the agreement before the end of the final payment. However, if a Member chooses to cancel the membership early, they will be liable for the full remaining balance of the 12-month term.
29.2 Payment and Usage: Upon early cancellation, the full amount for the remainder of the 12-month agreement will become immediately payable. After payment, Members will still have 12 months from the effective date of the contract to use any remaining benefits.
29.3 Refunds and Benefits: No refunds or prorated refunds will be issued for any unused portion of the membership period. All benefits associated with the membership will be forfeited upon termination, and the membership will remain active until the end of the current billing cycle.
29.4 If a payment dispute arises related to the membership, a £200 plus VAT charge will be applied to the Member’s account. This charge will be collected via the payment method on file. If payment is not made, the amount will be referred to a third-party debt collection agency.
30. Termination by Provider
30.1 The Provider reserves the right to terminate a Member’s Membership under the following circumstances:
(a) Failure to make monthly payments, which remain unpaid for 30 days beyond the payment due date.
(b) Violation of the Membership Code of Conduct, as outlined in Section 24.
(c) Any form of harassment, discrimination, or inappropriate behavior towards other Members, staff, or service providers.
30.2 Notice of Termination: In cases where the Provider determines that termination is necessary, the Member will receive written notice of the termination and the reasons for it.
30.3 Consequences of Termination: Termination of Membership will result in the forfeiture of all unused benefits and points. Any outstanding fees or costs owed by the Member will remain due and payable.
31. Non-Transferability
31.1 Membership is non-transferable and non-assignable. Members may not share, sell, gift, or otherwise transfer their Membership, benefits, or points to another person.
32. Indemnification
32.1 Responsibilities: Each party agrees to indemnify, defend, and hold harmless the other party and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach of this Agreement or violation of applicable laws or regulations.
33. Confidentiality
33.1 Protection of Confidential Information: Both parties agree to treat all information exchanged during the membership, including but not limited to business information, customer data, and trade secrets, as confidential. They shall not disclose such information to any third party without the prior written consent of the disclosing party except as required by law.
34. Disclaimers
34.1 Results Disclaimer: The Provider does not guarantee, represent, or warrant specific outcomes from any treatments or services provided under the Membership. Individual results may vary due to a range of factors, including personal health conditions, treatment adherence, and individual response to treatments. The Provider makes no assurances regarding the effectiveness or results of any treatments.
34.2 Limitation of Services: The Provider reserves the right to refuse or restrict services under the Membership based on factors such as individual suitability, medical considerations, or any other criteria deemed relevant by the Provider. Such limitations are made at the Provider’s discretion to ensure the safety and appropriateness of the services provided.
34.3 Risks Acknowledgement: Members acknowledge that skincare and aesthetic treatments carry inherent risks, which may include but are not limited to allergic reactions, skin sensitivity, and unforeseen complications. Members agree to undergo treatments with full understanding of these risks and accept personal responsibility for any adverse effects. The Provider is not liable for any negative outcomes resulting from the use of treatments or services provided under the Membership.
34.4 No Medical Advice: The services and treatments provided are not intended to replace professional medical advice, diagnosis, or treatment. Members should consult with a healthcare professional regarding any medical concerns before undergoing any treatments or services.
34.5 Service Availability: The Provider may alter or discontinue any services or benefits associated with the Membership at its sole discretion and without prior notice.
35. Membership Renewal
35.1 Maintenance Membership Renewal: The RTA Maintenance Membership is a 12-month contract and will not automatically renew. At the end of the 12-month term, the membership will conclude. The Member will be asked if they wish to rejoin for a new 12-month term.
35.2 If the Member does not wish to rejoin, no further action is required, and the membership will simply expire at the end of the term.
35.3 If the Member decides to cancel early, they will be required to pay the remaining balance for the full 12-month term.
36. Intellectual Property
36.1 Ownership: All intellectual property rights in the Provider’s services, branding, and materials are owned by or licensed to the Provider. Members are granted a limited, non-exclusive license to use these materials solely for the purpose of accessing their membership benefits.
37. Accessibility
37.1 Service Accessibility: The Provider strives to ensure that all Members have access to the membership benefits. In cases where services are temporarily unavailable due to maintenance or other issues, the Provider will notify Members and, where possible, offer alternative solutions.
38. Member Responsibilities
38.1 Update of Personal Information: Members are responsible for keeping their personal information up-to-date. Any changes to contact details, payment information, or other relevant information should be promptly communicated to the Provider.
38.2 Compliance with Terms: Members are responsible for ensuring compliance with all terms and conditions. Failure to adhere to these terms may result in the suspension or termination of the membership.
39. Technical Issues
39.1 Responsibility for Technical Issues: The Provider is not responsible for any technical issues that may affect the Member’s access to digital benefits or services, including but not limited to issues with internet connectivity, hardware, or software.
39.2 Support for Technical Issues: The Provider will offer reasonable support for technical issues affecting access to membership benefits but cannot guarantee uninterrupted access.