Terms & Conditions

Last updated: April 13, 2025

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Epitome of Youth Wellness & Aesthetics LLC ("Epitome of Youth," "we," "us," or "our") website located at www.epitomeofyouth.com (the "Site"), as well as any services and offerings provided through the Site, including online appointment booking, elective medical aesthetic treatments, membership programs, and product sales (collectively, the "Services").

By accessing or using our Site or Services, you ("User" or "you") agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the Site and Services immediately.

Services and Eligibility

Eligibility: Our Services are intended for individuals at least 18 years of age. By using the Site or booking a service, you represent that you are 18 or older (or the age of majority in your jurisdiction) and legally able to enter into this agreement. Parents or legal guardians may book Services for minors where appropriate, and in doing so they agree to be responsible for the minor’s compliance with these Terms.

Elective Services: Epitome of Youth provides elective cosmetic and wellness treatments that are not medically necessary. You understand that any information on the Site is for general informational purposes and does not constitute medical advice or create a doctor-patient relationship. Always consult with a qualified healthcare provider for medical advice or concerns.

Online Booking and Cancellation Policy

You may book appointments for our aesthetic Services through our online booking system or by contacting us. Booking an appointment may require you to provide specific personal information and payment details to hold the reservation. By booking a service, you agree to our cancellation policy:

Cancellation Window: To avoid a late cancellation fee, appointments must be canceled or rescheduled at least 24 hours in advance (or as otherwise stated at the time of booking). Cancellations can be made through the online booking portal or by contacting us directly.
Late Cancellations and No-Shows: If you cancel an appointment with insufficient notice or fail to show up for a scheduled appointment, we reserve the right to charge a cancellation fee or retain any deposit made for that appointment. The fee amount and terms will be disclosed in the booking process. Repeated no-shows or late cancellations may require prepayment or refusal of future bookings.
Clinic Cancellations: Epitome of Youth reserves the right to cancel or reschedule your appointment for any reason (such as provider availability or emergencies). We will attempt to give you as much advance notice as possible in such cases. If we cancel an appointment you have prepaid, we will offer to reschedule you or provide a refund or credit for that appointment at our discretion.

Payments for Services

Payment at Time of Service: All fees for treatments and services are due at the time of service or as specified during booking. Prices for Services are listed on our Site or will be communicated to you before you confirm a booking. We may require a deposit or full prepayment to secure certain appointments (e.g., for lengthy procedures or packages).

Non-Refundable Services: All purchases of services and treatments are final. Because our treatments are elective and results may vary by individual, payments for services (including deposits and prepayments) are non-refundable. Once a service is rendered, you are not eligible for a refund even if the outcome does not meet your expectations, except where required by law. If you prepay for a package of treatments or sessions, any unused portion is not refundable but may be credited toward other services at our discretion, subject to any expiration date or conditions communicated at the time of purchase.

Cancellation Fees: If a cancellation fee or forfeiture of a deposit applies (per our Cancellation Policy above), you authorize us to charge the payment method on file for that amount. Any outstanding balances from missed appointments must be paid before you can schedule your next session.

Product Purchases and Returns

We may offer skin care products or other items for sale through our Site or in-clinic. All product purchases are subject to the following terms:

Payment and Pricing: Product prices are displayed on the Site and are subject to change without notice. You agree to pay the price shown at the time of purchase plus any applicable taxes and shipping charges. We reserve the right to reject or cancel any order if there is an error in pricing or availability (see "Website Availability and Errors" below).
Shipping: If we ship products to you, the risk of loss passes to you upon our delivery to the carrier. It is your responsibility to provide the correct shipping information. Delivery dates are estimates and not guaranteed.
Returns of Unopened Products: We want you to be satisfied with our products. If you change your mind about a product purchase, unopened and unused products in their original packaging may be returned within 30 days of purchase for a refund or store credit at our discretion. You must provide the original receipt or order confirmation. Due to health and safety regulations, products that have been opened, used, or damaged after purchase are not eligible for return.
Return Process: Contact our customer service for return authorization and instructions to initiate a return. You are responsible for any shipping costs to return products, and we recommend using a trackable shipping service. Once we receive and inspect the returned product and confirm it is in unopened, resalable condition, we will process your refund (minus any original shipping costs) to the original payment method or issue store credit. Please allow up to 10 business days from receiving the return for processing.
Non-Defective Product Policy: Except as expressly provided above, we do not offer refunds or exchanges on products unless the item you received is defective or was shipped in error. In the rare case of a defective or incorrect product, contact us within 7 days of receipt and we will arrange for a replacement or refund as appropriate.

Memberships and Subscription Programs

Epitome of Youth may offer membership plans or subscription-based programs that provide members with special pricing, packages, or periodic services. Additional terms may be presented to you at the time of enrolling in a membership or subscription, but the following general terms apply:

Recurring Billing: By signing up for a membership or subscription, you authorize Epitome of Youth to charge your provided payment method regularly (e.g., monthly or annually) for the membership fees and any applicable taxes until you cancel. Recurring charges will occur on the schedule disclosed when you enroll.
Auto-Renewal: Membership programs renew automatically for successive terms (e.g., each month) unless canceled by you prior to the next billing date. We will continue to bill your payment method until you properly cancel.
Cancellation of Membership: You may cancel your membership or subscription at any time by providing written notice to us (via email or through the Site if such functionality is provided) at least 5 business days before your next billing date to avoid further charges. Cancellation will take effect at the end of your current paid term. No pro-rated refunds will be provided for the remainder of the term in which you cancel, except where required by law or expressly stated in specific program terms. You will continue to have access to membership benefits until the end of the period you paid for.
Membership Benefits and Restrictions: Membership discounts or complimentary services apply only while your membership is active. If your membership is terminated or lapses, any unused benefits or discounts expire. Memberships are personal to you and not transferable. We reserve the right to modify or discontinue membership programs (or specific benefits) at any time. If we discontinue a program or materially change it, we will notify members and provide options such as a pro-rated refund if applicable.
Termination by Us: We reserve the right to terminate or refuse membership to anyone at our discretion (for example, for fraud, misuse of services, or violation of these Terms). If we terminate your membership without cause, we will refund any prepaid amount for the remaining period of your membership.

Third-Party Payment Processors

We use third-party payment processors (such as credit card companies or payment gateways) to handle payment transactions for our Services and products. By making a purchase or booking through the Site, you authorize us to charge your chosen payment method through such third-party processors. You acknowledge and agree that:

Your Information: You may be required to provide billing information (e.g., credit card number, billing address) directly to the third-party processor. All such information is subject to the third party’s terms of service and privacy policy. We do not store full credit card details on our servers.
Processor Terms: Payment processing is subject to the performance and terms of the third-party processor. We are not responsible for errors or security breaches by the payment processor. Any fees or issues related to the processing of your payment are between you and the processor, though we will use reasonable efforts to assist in resolving any issues.
Authorization: If your payment is not successfully settled or is later subject to chargeback or reversal, we may cancel your order or appointment. You remain responsible for any amounts not collected by us that are owed for the Services.
External Services: Use of services such as third-party financing, installment payment plans, or other payment options may involve agreements solely between you and those third-party providers. We are not a party to those agreements and have no liability arising from those services.

Website Availability and Errors

Epitome of Youth strives to keep the Site up-to-date and running smoothly, but we do not guarantee that the Site will be available at all times or that it will be error-free. Occasionally, you may experience downtime, errors, or inaccuracies.

Downtime and Accessibility: We reserve the right to suspend or limit access to the Site for maintenance, updates, or any other reason without notice. We are not liable for any inconvenience or loss incurred due to scheduled or unscheduled downtime.
Accuracy of Information: We attempt to ensure that all information on the Site (such as service descriptions, pricing, availability, and promotional details) is accurate and current. However, mistakes such as typographical errors, inaccuracies, or omissions may occur.
Right to Correct Errors: We reserve the right to correct any errors or inaccuracies on the Site and to change or update information at any time without prior notice. If we discover a pricing or availability error affecting your pending order or booking, we will notify you immediately. We reserve the right to cancel or modify an order or appointment if it was made based on incorrect information without liability to you. If you have already paid, you will be entitled to a refund of any amount you paid for which you did not receive the service or product due to such cancellation.
Price Changes: Prices for our services and products are subject to change. Such changes will not affect orders or bookings already completed and confirmed, but future bookings or purchases will be at the updated price.

Intellectual Property Rights

All content and materials on the Site, including but not limited to text, graphics, logos, images, videos, designs, software, and trademarks (collectively, the "Content"), are owned by or licensed to Epitome of Youth and are protected by intellectual property laws. Epitome of Youth retains all rights, title, and interest in and to its intellectual property.

Limited License: We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and its Content for your personal, non-commercial use only. This license is subject to your compliance with these Terms. No other use is permitted. You may not copy, reproduce, distribute, publicly display, transmit, or create derivative works from our Content without our express written permission, except as allowed by law (such as brief quotations for personal, non-commercial purposes with attribution).
Trademarks: The name "Epitome of Youth Wellness & Aesthetics", our logos, and any other product or service names or slogans displayed on the Site are trademarks of Epitome of Youth or our affiliates/suppliers. You may not use, copy, or imitate these trademarks (in whole or in part) without our prior written consent. All other trademarks, product names, and company names or logos on the Site are the property of their respective owners.
User Feedback: If you choose to submit any feedback, ideas, or suggestions regarding our Services or Site, you agree that we can use and share such feedback for any purpose without compensation to you. Do not submit confidential or proprietary information to us in any feedback.

Copyright (DMCA) Policy

Epitome of Youth respects the intellectual property rights of others and expects users to do the same. If you believe that any Content on our Site infringes your copyright, you may send us a notice requesting that the material be removed or access to it be disabled. The notice must include the following information (as required by 17 U.S.C. §512(c)(3)):

Identification of the copyrighted work you believe is being infringed. If multiple works are involved, you may provide a representative list of such works.
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site (such as a URL or specific page).
Your contact information – including your name, mailing address, telephone number, and email address – so we can contact you regarding the complaint.
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.
Your physical or electronic signature (typing your full name is acceptable as an electronic signature).

Upon receipt of a valid DMCA notice, we will review and address the issue, which may include removing or disabling access to the allegedly infringing material. In appropriate circumstances, we may also terminate users or account holders who are repeat infringers.

Links to Third-Party Sites

Our Site may contain links to third-party websites or services that are not owned or controlled by Epitome of Youth. These links are provided for your convenience. However, we do not endorse or assume any responsibility for the content, offerings, or policies of those third-party sites.

When you click on a third-party link, you will be directed to that third party’s site. Your use of any third-party website is at your own risk. We strongly advise you to review the terms and privacy policies of any third-party websites or services you visit. Epitome of Youth has no control over and is not liable for the content, privacy practices, availability, or accuracy of any linked external sites.

Disclaimers

No Medical or Professional Advice:

The content on our Site (including any blog posts, articles, FAQs, or communications from us) is provided for informational purposes only. It is not intended as medical advice, diagnosis, or treatment. Epitome of Youth is not acting as your healthcare provider through your use of this Site, and no information on this Site creates a healthcare provider–patient relationship. Always seek the advice of a qualified medical professional regarding any health concerns or before starting or changing any treatment. Never disregard professional medical advice or delay seeking it because of something you have read on our Site.

Services Provided As-Is:

Our Site and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Use of our Services and Site is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Site or Services will meet your requirements, achieve any intended results, or be uninterrupted, secure, or error-free, or that any defects will be corrected.

No Guarantee of Results:

You understand that outcomes of aesthetic treatments can vary widely by individual. Any testimonials or examples shown on the Site are illustrative of particular cases only; they are not guarantees of results. Epitome of Youth makes no guarantee that you will experience the same or similar results from any treatment or product, and we are not liable if your results differ from expectations.

Third-Party Content:

Any testimonials, reviews, or other materials provided by third parties on our Site are the opinions and responsibility of those third parties. They do not constitute our guarantee or endorsement of any outcome or experience. We are not responsible for the accuracy or content of any statements made in third-party testimonials or materials on the Site.

Limitation of Liability

You agree to indemnify, defend, and hold harmless Epitome of Youth Wellness & Aesthetics LLC, its affiliates, and their respective owners, officers, employees, contractors, and agents (collectively, the "Indemnified Parties") from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:

Your Use of Services: Your use or misuse of the Site or Services;
Breach of Terms: Your violation of these Terms or any applicable law or regulation;
Infringement of Rights: Your violation of any rights of a third party (including intellectual property, confidentiality, or privacy rights); or
Third-Party Disputes: Any dispute or issue between you and any third party (for example, a payment processor, product supplier, or other service provider).

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense of such a claim. You will not settle any claim without our prior written consent. This indemnification obligation will survive any termination of your use of the Services or these Terms.

To the fullest extent permitted by applicable law, Epitome of Youth and its owners, directors, officers, employees, contractors, affiliates, suppliers, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind – including but not limited to damages for lost profits, lost revenue, loss of data, loss of goodwill, costs of substitute services, or personal injury (including any adverse reaction to a treatment) – arising out of or in connection with your use of, or inability to use, the Site or our Services. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

In no event will our total liability to you for all claims arising out of or relating to these Terms, the Site, or the Services exceed the amount you have paid to Epitome of Youth for Services in the six (6) months immediately preceding the event giving rise to the claim. If you have not paid Epitome of Youth for the use of any Services, our total liability to you under any theory of liability shall not exceed one hundred U.S. dollars (USD $100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the fullest extent. In such cases, our liability will be limited to the maximum extent permitted by law.

Indemnification

Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms, the Site, or the Services will be governed by and construed in accordance with the laws of the State of New Mexico, USA, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising under these Terms or concerning your use of the Site or Services shall be brought exclusively in the state or federal courts located in the State of New Mexico, and you consent to the personal jurisdiction and venue of such courts.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of these Terms shall remain in full force and effect. Our failure to enforce any provision or right of these Terms shall not constitute a waiver of that provision or right.

Changes to These Terms

We may modify or update these Terms from time to time at our discretion. If we make material changes, we will post the updated Terms on the Site and update the "Last updated" date at the top. We may also notify you by email or through a notice on the Site. It is your responsibility to review the Terms periodically for any changes. Your continued use of the Site or Services after updated Terms have been posted constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Site and Services.

Contact Information

For questions or concerns regarding these Terms & Conditions, please contact:

Epitome of Youth Wellness & Aesthetics LLC
110 S Halagueno St, Suite 1

Carlsbad, New Mexico 88220

Phone: (575) 725-5151
Email: amber@epitomeofyouth.com