Terms and Conditions

Pricing and Payment

• Prices for services, products, packages, and memberships are set by VIV and are subject to change without notice. Prices quoted during a consultation are valid for the period stated at the time of the quote; if no period is stated, a quote is valid for 30 days.
• Pricing errors. We make every effort to display accurate pricing. If a price is displayed incorrectly on the Site, in an advertisement, or in the VIV App, we reserve the right to correct the error and to cancel or decline any order or booking made at the incorrect price, even after it has been confirmed. If you have already been charged, we will refund the amount charged.
• Payment is due at the time services are rendered unless a written payment arrangement or approved financing is in place.
• Accepted payment methods are those we display at the point of sale. VIV does not store full payment card numbers; card data is handled by our payment processor.
• Card on file. You may be asked to keep a payment card on file to reserve appointments. By providing a card, you authorize VIV to charge that card for services rendered, products purchased, applicable taxes, cancellation and no-show fees under Section 4, and any balance due on your account. You are responsible for keeping your card information current.
• Taxes. Applicable sales tax is added to taxable goods and services as required by Texas law.
• Returned payments and past-due balances. Declined, returned, or reversed payments may incur a fee. Past-due balances may be referred to a collection agency, and you are responsible for reasonable collection costs and attorneys’ fees permitted by law.
• Billing disputes. If you believe a charge is incorrect, please contact us first at (972) 803-3957 so we can review and resolve it directly, which is usually faster than a dispute through your card issuer. Nothing in these Terms limits your rights as a cardholder under the Fair Credit Billing Act or under your card network’s rules. If a charge is reversed but the underlying amount remains owed for services rendered or for fees properly assessed under these Terms, that balance remains due.
• Insurance. Most aesthetic and elective wellness services are not covered by insurance. Where VIV bills insurance for a covered service, you remain responsible for deductibles, coinsurance, copayments, and any amounts your plan does not pay. Coverage questions are between you and your plan.

Third-Party Financing

VIV offers patient financing through Cherry (including the Cherry-powered payment plans offered through Allē), Affirm, and CareCredit. These are independent third-party companies. VIV is not a lender, does not extend credit, and does not make credit decisions.

• Approval, terms, interest rates, promotional periods, fees, and payment schedules are determined solely by the financing company.
• Your financing agreement is between you and the financing company. Your obligation to repay the financing company is independent of any dispute you may have with VIV, and is governed by that company’s agreement.
• Advertised promotional financing terms are subject to credit approval and to the financing company’s terms, which may change without notice to VIV.
• Review the financing company’s terms and privacy policy before applying. See Section 9.4 of our Privacy Policy.

Packages, Series, Memberships, and Gift Cards

7.1 Prepaid Packages and Treatment Series

• Packages and treatment series are purchased in advance at a discount from the individual-session rate.
• Packages and series are non-refundable and non-transferable except as stated in Section 8 or as required by law.
• Unless a shorter or longer period is stated at the time of purchase, a package or series must be used within 12 months of the purchase date, after which unused sessions expire. This expiration applies to packages sold as a defined number of sessions of a specific service. It does not apply to gift cards, or to any credit sold as a dollar balance, neither of which expires.
• Packages are for the purchaser’s use only and may not be shared, split among individuals, or applied to a different service, except with VIV’s written approval.
• If you discontinue a package after beginning it, any sessions used are charged at the regular non-package price, and any remaining credit is applied to that balance. If the recalculated amount exceeds the amount you paid, you are responsible for the difference.

7.2 Memberships and Recurring Charges

Where VIV offers a membership or subscription with recurring billing:

• Automatic renewal. Your membership renews automatically at the interval and price disclosed at enrollment, charged to the payment method on file, until you cancel. We disclose the recurring charge, the billing interval, and the cancellation method clearly before you enroll and obtain your express informed consent to the recurring charge.
• Price changes. We will give you at least 30 days’ advance notice of any increase in the recurring charge, and the increase will not take effect until your next renewal after that notice. You may cancel before the increase takes effect.
• Cancellation. You may cancel at any time, effective at the end of the then-current billing period, by using the cancellation function in the VIV App or on the Site, by emailing info@vivwellness.com, or by calling (972) 803-3957. Cancellation is available through the same medium in which you enrolled and requires no more steps than enrollment did.
• Effect of cancellation. Cancellation stops future charges. Charges already incurred are not refunded, and the membership term you have already paid for is not prorated, unless required by law. Accrued, unused member credits remain available for 90 days after cancellation and expire thereafter.
• Failed payments. If a payment fails, we may retry the charge, suspend member benefits, and, after 30 days, terminate the membership. You remain responsible for amounts accrued before termination.

7.3 Gift Cards

• Gift cards are redeemable for goods and services at VIV and are not redeemable for cash, except where the law of the purchaser’s or holder’s state requires a cash refund of a small remaining balance.
• Gift cards are non-refundable. Lost or stolen gift cards will be replaced only if you provide the original purchase receipt and the card has not been redeemed.
• Gift cards do not expire and are not subject to dormancy, inactivity, or service fees, consistent with applicable law.
• Gift cards may not be applied to previously rendered services, previously purchased packages, or gratuities, and may not be combined with certain promotions where stated.

7.4 Promotions, Rewards, and Referrals

• Promotional offers, event pricing, and discounts are valid only for the period and on the terms stated, may not be combined with other offers unless expressly permitted, are subject to provider and product availability, and may be modified or withdrawn at any time before purchase.
• Introductory offers, including any first-treatment offer, are limited to one per person, for new patients only, and are not valid on services already purchased.
• Manufacturer loyalty programs such as Allē are operated by the manufacturer, not by VIV. Point accrual, redemption, expiration, and program changes are governed by the manufacturer’s terms.
• VIV App rewards are governed by the reward program terms disclosed in the App. Rewards have no cash value, are non-transferable, and may be forfeited for abuse of the program, fraud, or violation of these Terms.
• Referral credits, where offered, are issued after the referred person completes and pays for a qualifying first treatment. Referral credits have no cash value and are subject to the same limits as other promotions.

Refunds and Returns

• Services are non-refundable once rendered. Payment is for the professional time, expertise, product, and use of equipment involved in performing a service, not for a particular outcome.
• Deposits are applied to the cost of the reserved service. Deposits are forfeited for no-shows and for cancellations made with less than 24 hours’ notice, as described in Section 4.
• Retail products may be exchanged or credited within 7 days of purchase if they are unopened, unused, and in their original packaging, with proof of purchase. Opened products cannot be returned or exchanged for health and safety reasons, except where the product is defective.
• Prescription medications, injectables, compounded preparations, and any product dispensed for individual use are non-returnable and non-refundable once dispensed, as required by law and pharmacy practice.
• Prepaid but unrendered services may be refunded at VIV’s discretion, less the regular non-package price of any sessions already used and any applicable administrative fee, where you are unable to continue treatment for a documented medical reason or where VIV is unable to provide the service.
• Touch-ups and corrections. Where a treatment includes a complimentary follow-up or touch-up, the terms and timing of that follow-up are disclosed at the time of treatment. A complimentary touch-up is not an admission that a treatment was performed improperly and is not a refund.
• All refunds are issued to the original method of payment and may take up to 10 business days to appear.

Treatment Results, Photographs, and Consent

9.1 Results Vary

Individual results vary and are not guaranteed.

Outcomes depend on factors including your anatomy, skin type, age, health status, medications, hormone levels, genetics, lifestyle, adherence to aftercare, and the number and timing of treatments. Many treatments require a series of sessions and ongoing maintenance.

Unless the image or its caption states otherwise, before-and-after images, testimonials, reviews, case studies, and results shown on the Site, in the VIV App, in advertising, or on social media depict actual VIV patients and are used with their written authorization. They are illustrative of a possible outcome for that individual and are not a promise, guarantee, or prediction of the results you will achieve. Images are not retouched in a way that misrepresents the result. Where an image has been standardized for lighting or framing, or where a model rather than a patient is shown, that is disclosed on the image or in the accompanying caption.

9.2 Risks

Every medical and aesthetic treatment carries risk, including but not limited to bruising, swelling, redness, pain, infection, asymmetry, pigment change, scarring, allergic reaction, and, in rare cases, more serious complications. Your provider will review the risks, benefits, and alternatives specific to your treatment and answer your questions before you consent. Do not proceed with a treatment until you understand and accept its risks.

9.3 Photography and Media

We photograph treatment areas as part of the medical record. Clinical photographs are part of your medical record and are protected accordingly. We will not use your photographs, name, voice, or likeness for marketing, advertising, social media, education, or any other purpose outside your treatment and our internal operations without your separate, written authorization.

If you sign such an authorization, you may revoke it at any time by written notice to us. Revocation is effective prospectively: we will stop new uses promptly and will remove the content from channels we control within 30 days, but we cannot retrieve or recall materials already printed, distributed, shared, reposted, or archived by third parties.

9.4 Recording

Do not photograph, film, or record audio or video inside our treatment areas without VIV’s prior written permission. This protects the privacy of other patients and our staff.

Your Conduct and Our Right to Refuse Service

You agree to provide accurate and complete health information, to disclose all medications, supplements, allergies, prior treatments, and medical conditions, to follow pre-treatment and aftercare instructions, and to promptly report any adverse reaction or concern.

VIV reserves the right to refuse, discontinue, or terminate service to any person, at any time, for any lawful reason, including where:

• a treatment is not medically appropriate or safe for you in the professional judgment of our provider;
• you have provided inaccurate or incomplete health information;
• you decline a required consultation, evaluation, consent, or laboratory work;
• you have an unpaid balance or a history of chargebacks;
• you have repeatedly cancelled late or failed to appear;
• your conduct is abusive, threatening, harassing, discriminatory, or disruptive to patients or staff, or you appear impaired to a degree that would make treatment unsafe; or
• you refuse to comply with our safety, privacy, or facility policies.

Refusal of service is never based on race, color, national origin, religion, sex, sexual orientation, gender identity, age, disability, or any other characteristic protected by law.

If we terminate our provider-patient relationship with you, we will do so in accordance with applicable professional standards, will provide reasonable notice and, where appropriate, coverage for a transition period, and will make your records available to you or your new provider on request.

Intellectual Property

All content on the Site and in the VIV App — including text, graphics, photographs, video, illustrations, logos, icons, page layouts, design elements, protocols, treatment descriptions, and software — is owned by VIV or its licensors and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

“VIV,” “VIV Wellness,” “VIV Anti-Aging + Wellness Center,” and the VIV logos and marks are trademarks of VIV Wellness, LLC. Third-party marks, including those of device and product manufacturers, are the property of their respective owners and are used to identify their products. Their appearance does not imply endorsement of VIV by those owners except where an affiliation is expressly stated.

Limited license. We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site and to download or print content solely for your personal, non-commercial use in evaluating our services. You may not:

• reproduce, republish, distribute, publicly display, or create derivative works from our content;
• use our content, images, or copy on another website, in advertising, or in any commercial context;
• use automated means to scrape, crawl, harvest, or index the Site, other than by search engines operating under our robots directives;
• use our marks, or marks confusingly similar to ours, in domain names, metadata, keyword advertising, social media handles, or otherwise;
• remove any copyright, trademark, or proprietary notice; or
• reverse engineer, decompile, or attempt to derive the source code of the Site or the VIV App.

This license terminates automatically if you breach these Terms.

Content You Submit

If you submit a review, testimonial, comment, photograph, video, survey response, question, suggestion, or other content to VIV or on our social channels (“User Content”):

• You represent that you own or have the right to submit it, that it is truthful and reflects your honest experience, and that it does not infringe anyone’s rights or violate any law.
• For User Content that does not identify you as a patient and does not contain your image or health information, you grant VIV a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, adapt, publish, translate, and display it in any media in connection with VIV’s business.
• For any User Content that identifies you as a patient, or that contains your image, likeness, voice, or health information, we will use it only under the separate written authorization described in Section 9.3 — and that authorization, together with the license it grants, is revocable by you at any time, consistent with 45 C.F.R. § 164.508(b)(5). No license granted in this Section is irrevocable as to that content.
• If you received anything of value in exchange for a review, testimonial, or social post — including a discount, referral credit, product, complimentary service, or giveaway entry — you must clearly and conspicuously disclose that connection in the review or post itself. VIV does not condition any incentive on a review being positive, does not ask anyone to write a review they do not believe to be true, and does not suppress, edit, or reorder reviews on the basis of their rating.
• You waive any moral rights in the User Content to the extent permitted by law.
• We may, but are not obligated to, monitor, edit, or remove User Content. We may remove content that is unlawful, defamatory, harassing, obscene, infringing, deceptive, or that discloses another person’s private information.
• Do not post health information, appointment details, or other confidential information publicly. We will not respond publicly to a message that would require us to confirm or discuss your care.
• We do not provide compensation for unsolicited ideas or suggestions, and we are free to use them without obligation.

Prohibited Uses of the Services

You agree not to:

• use the Services for any unlawful purpose or in violation of any applicable law or regulation;
• impersonate any person or misrepresent your affiliation with any person or entity;
• submit false, fraudulent, or misleading information, including in a booking, form, or promotion redemption;
• interfere with or disrupt the Services, or attempt to gain unauthorized access to any account, system, or network;
• introduce malware, viruses, or other harmful code;
• circumvent security features, rate limits, or access controls;
• conduct denial-of-service attacks, penetration testing, or vulnerability scanning without our written authorization;
• collect or harvest personal information about other users;
• use the Services to send unsolicited commercial messages;
• post content that is discriminatory, harassing, threatening, defamatory, obscene, or that infringes intellectual property or privacy rights; or
• use the Services in any manner that could damage, disable, overburden, or impair them.

We may investigate suspected violations, suspend or terminate access, and refer matters to law enforcement.

Communications and Consent

By providing your contact information, you consent to receive communications from VIV related to your inquiries, appointments, and account. This includes appointment confirmations and reminders, aftercare instructions, forms, receipts, and account notices.

Marketing communications by email and text message are sent only with your consent, and consent to receive marketing messages is not a condition of purchasing any goods or services.

You may opt out at any time as described in Section 8.4 of our Privacy Policy. Text messaging program terms, including message frequency, rates, and STOP/HELP instructions, are set out in Section 9.1 of our Privacy Policy and are incorporated here by reference.

Electronic records and signatures. You consent to transact with us electronically, and you agree that electronic signatures, consents, and records satisfy any legal requirement that such communications be in writing. You may withdraw this consent by contacting us, though doing so may prevent you from using online booking, electronic forms, and electronic consents.

Third-Party Services and Links

The Services contain links to, and integrations with, third-party websites, platforms, and services — including our scheduling platform, the VIV App platform, financing providers, manufacturer loyalty programs, payment processors, review platforms, mapping and video providers, and social media networks.

VIV does not control and is not responsible for the content, products, services, availability, security, terms, or privacy practices of any third party. A link or integration is not an endorsement. Your dealings with a third party are solely between you and that third party, and are governed by that party’s terms.

Accessibility

VIV is committed to making the Services accessible to people with disabilities and works toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Our Accessibility Statement describes our approach, the tools available on the Site, known limitations, and how to request an accommodation or report a barrier. If any part of the Services is not accessible to you, contact us at (972) 803-3957 or info@vivwellness.com and we will provide the information or complete the transaction with you through an alternative method.

Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

Claims relating to professional health care services are governed by Chapter 74 of the Texas Civil Practice and Remedies Code and other applicable law, not by this Section. Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless VIV and its members, managers, officers, employees, contractors, and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) your violation of these Terms; (b) your violation of any law or the rights of a third party; (c) User Content you submit; (d) your misuse of the Site or the VIV App; or (e) your provision of false or incomplete health information. VIV reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

Dispute Resolution — Binding Arbitration and Class Action Waiver

20.1 Informal Resolution First

Before filing an arbitration or a lawsuit, you agree to first contact us in writing at VIV Wellness, LLC, Attn: Legal, 2401 Victory Park Lane, Suite 110, Dallas, TX 75219, or at info@vivwellness.com, with a description of the dispute, the relief you seek, and your contact information. We will do the same before initiating a proceeding against you. The parties will attempt in good faith to resolve the dispute informally for 30 days after receipt of that notice. This informal process is a condition precedent to arbitration, and the applicable statute of limitations is tolled during it.

20.2 Agreement to Arbitrate

If the dispute is not resolved within 30 days, you and VIV agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the VIV App, our marketing or communications, the purchase of goods, packages, memberships, or gift cards, or the relationship between you and VIV, will be resolved by binding individual arbitration rather than in court, except as stated in Section 20.4.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, available at adr.org. The arbitration will be conducted by a single arbitrator. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court, not the arbitrator, decides any challenge to the enforceability of the class action waiver in Section 20.3.

The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Location and format. Arbitration will take place in Dallas County, Texas, or, at your election, by telephone, videoconference, or on the basis of written submissions. You may also elect to have the hearing held in the county where you reside.

Fees. VIV will pay all AAA filing, administrative, and arbitrator fees for any arbitration you initiate for a claim of $75,000 or less, other than the consumer filing fee set by the AAA Consumer Arbitration Rules, unless the arbitrator determines your claim was frivolous or brought for an improper purpose. Each party otherwise bears its own attorneys’ fees and costs, except where a statute or these Terms provide otherwise.

Award. The arbitrator may award any relief a court could award to you individually, including declaratory or injunctive relief, but only to the extent necessary to provide relief on your individual claim. The arbitrator’s award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. The arbitrator will issue a reasoned written decision.

20.3 Class Action and Jury Trial Waiver

The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief — and only that one — will be severed from the arbitration and brought in the courts identified in Section 21, and the remaining claims will proceed in arbitration.

20.4 Exceptions to Arbitration

This Section does not apply to, and the following may be brought in court:

• claims that qualify for small claims court in Dallas County, Texas, or in the county where you reside, so long as the matter remains an individual claim in that court;
• claims for injunctive or equitable relief to protect intellectual property rights, including trademark, copyright, trade secret, and unauthorized access claims;
• health care liability claims as defined by Chapter 74 of the Texas Civil Practice and Remedies Code, including claims of medical malpractice, negligence in the rendering of professional health care services, and claims for bodily injury or death arising from treatment, unless you and VIV separately agree in writing to arbitrate such a claim in a document that satisfies the requirements of Texas Civil Practice and Remedies Code § 74.451; and
• claims that applicable law provides may not be arbitrated.

Nothing in these Terms prevents you from filing a complaint with a government agency, including the Texas Medical Board, the Texas Department of State Health Services, the Office of the Texas Attorney General, the U.S. Department of Health and Human Services Office for Civil Rights, the Federal Trade Commission, or any other regulator, or from participating in an agency investigation.

20.5 No Effect on Treatment Consents

Nothing in this Section modifies, replaces, or waives any right or obligation set out in a treatment consent, informed consent, or financial agreement you sign with VIV.

20.6 Your Right to Opt Out of Arbitration

You may opt out of this arbitration agreement.

To do so, send written notice within 30 days of the date you first affirmatively accept these Terms — the date you first check the box accepting them at booking, checkout, or enrollment — to VIV Wellness, LLC, Attn: Arbitration Opt-Out, 2401 Victory Park Lane, Suite 110, Dallas, TX 75219, or by email to info@vivwellness.com with the subject line “Arbitration Opt-Out.” Your notice must include your full name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement.

Opting out will not affect any other part of these Terms, and it will not affect your relationship with VIV in any way. If you opt out, disputes will be resolved in the courts identified in Section 21.

20.7 Survival and Changes

This Section survives termination of these Terms and the end of your relationship with VIV. If we materially change this Section in the future, the change will not apply to any dispute of which we had actual notice before the change, and you will have a new 30-day opportunity to opt out of the changed version.

Governing Law and Venue

These Terms and any dispute arising out of them are governed by the laws of the State of Texas, without regard to its conflict of laws principles, and by applicable federal law.

For any dispute not subject to arbitration under Section 20, or if the arbitration agreement is found unenforceable, you and VIV consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas, and waive any objection to that venue on the basis of inconvenient forum.

Copyright Complaints

If you believe content on the Site infringes your copyright, send a notice under the Digital Millennium Copyright Act to VIV Wellness, LLC, Attn: Copyright Agent, 2401 Victory Park Lane, Suite 110, Dallas, TX 75219, or info@vivwellness.com, including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material you claim is infringing and its location on the Site; (d) your contact information; (e) a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

We will respond to valid notices, and we may remove the material and terminate repeat infringers. If your material was removed and you believe the removal was the result of mistake or misidentification, you may send a counter-notification to the same address containing the elements required by 17 U.S.C. § 512(g)(3), including your consent to the jurisdiction of the federal district court for the district in which you reside or, if you are outside the United States, for any district in which VIV may be found.

General Provisions

• Changes to these Terms. We may modify these Terms at any time. The “Last Updated” date will reflect the change. For material changes, we will provide notice through the Site or by email before the change takes effect. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to the modified Terms, stop using the Services.
• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. A waiver is effective only if in writing and signed by an authorized representative of VIV.
• Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
• Force majeure. VIV is not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including natural disasters, severe weather, fire, power or internet failure, public health emergencies, government orders, labor disputes, supply chain disruption, or the failure of a third-party platform.
• Entire agreement. These Terms, together with our Privacy Policy and any treatment consent, financial agreement, or program terms you sign or accept, constitute the entire agreement between you and VIV regarding the Services and supersede all prior agreements and understandings on that subject.
• Headings. Section headings are for convenience only and do not affect interpretation.
• Survival. Sections 3, 8, 9, 11, 12, 17, 18, 19, 20, 21, and 23 survive termination of these Terms.
• Notices. Notices to you may be given by email to the address on file, by text message, by posting on the Site, or by mail. Notices to VIV must be sent to the address in Section 24.

Contact Us

VIV Wellness, LLC, d/b/a VIV Anti-Aging + Wellness Center
2401 Victory Park Lane, Suite 110
Dallas, Texas 75219

• Phone: (972) 803-3957
• Text: (844) 848-5893
• Email: info@vivwellness.com
• Website: vivwellness.com

See also our Privacy Policy and Accessibility Statement.