PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND ESSENTIAL MEDSPA LLC TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU AND ESSENTIAL MEDSPA LLC CAN SEEK RELIEF FROM EACH OTHER.

1. Arbitration Agreement. You and Essential Medspa LLC mutually agree, to the fullest extent of the law, that any Dispute (defined below) shall be arbitrated and finally decided by binding arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (available at adr.org or by calling 800-778-7879), except as modified below or otherwise agreed to.  As used in this Arbitration Agreement, “Dispute” means any dispute, claim, or controversy between us, including any past, currently pending, existing, or future dispute or disagreement, except:  (a) claims by employees of Essential Medspa LLC related to the terms or conditions of their employment; (b) claims for personal physical injury or wrongful death or survival claims arising from or in any way related to med spa services; and (c) claims for unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.  You and Essential Medspa LLC agree that you are each giving up, to the fullest extent of the law, any right to have disputes resolved in court before a judge or jury.   
2. Class Action Waiver.You and Essential Medspa LLC also mutually agree that, to the fullest extent allowed by law, and except as expressly set out below, each may bring claims against the other only in your or its individual capacity, on an individual basis, and not as a plaintiff or class member in any purported class, collective, non-individual, mass, or representative proceeding.  Further, the arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding, except as stated below.  Nothing in these terms should be read to allow class arbitration.  Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, inapplicable, invalid, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.  All disputes with respect to whether any other aspect of this Dispute Resolution provision and its terms is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court, except as expressly set out below.
3. Arbitration Procedures.  Arbitration uses a neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than a court case; and the arbitration process and results are subject to limited review by courts.  In arbitration, you have the right, at your own expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief that a court could award, but any award or recovery must be consistent with this Agreement.  You and Essential Medspa LLC also agree that any in-person arbitral hearing will occur in the United States in the same county and state as your billing address.  Any arbitration under this section will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law.  To the fullest extent of the law, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim, and the arbitrator cannot award relief for, or on behalf of, anyone who is not a party to the proceeding. 
   1. Each party retains the right to elect before or within 30 days after arbitration is initiated by either party to have any claims heard in small claims court on an individual (non-class, non-representative) basis for a dispute within the scope of such court’s jurisdiction.

1. Pre-Arbitration Notice and Good Faith Negotiations. Both you and Essential Medspa LLC agree that, before initiating any arbitration proceedings of any kind with the AAA, each party will notify the other in writing of any dispute so that the parties can attempt in good faith to resolve the dispute informally.  The notice must be specific and individual to you and include:  (i) your name, street address, telephone number, and the email address you use or used for the online services; (ii) a brief description of the dispute; (iii) the amount of money (if any) at issue; and (iv) the specific relief sought.  The notice must be signed and include the handwritten signature of, as applicable, either you or an Essential Medspa LLC employee, depending on which party is providing notice.  Notice sent by Essential Medspa LLC to you will be sent to the email and street addresses that you provided to Essential Medspa LLC.  This notice is a requirement and condition precedent to initiating any arbitration proceedings. 
   1. If you and Essential Medspa LLC cannot agree how to resolve the dispute within 45 days after the notice is received by the other party, then either you or Essential Medspa LLC may, as appropriate and in accordance with this Dispute Resolution section, commence an arbitration proceeding with a written demand for arbitration that is individual to you and your dispute, including the content set forth above and a handwritten signature.  Any limitations period will be tolled from the date the dispute is noticed to the other side until the expiration of this 45-day period.
   2. ​​​​​​​Compliance with this Pre-Arbitration Notice and Good Faith Negotiations provision (paragraph A) is an issue for a court to resolve, not the arbitrator.

1. Arbitration Fees. The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for the Northern District of Georgia. For individual damages claims with less than $25,000 at issue, Essential Medspa LLC will pay the additional, reasonable fees and costs of arbitration, not including attorneys’ fees.  For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally.  The parties’ good faith negotiation of reasonable fees with the arbitration provider is authorized as needed.  If the arbitrator determines that your or Essential Medspa LLC’s claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.
2. Federal Arbitration Act. These Terms and Conditions of Use affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these terms of use.
3. Forum Selection. For any dispute not subject to arbitration, you and Essential Medspa LLC agree to proceed exclusively in state and federal courts covering Gwinnett County, Georgia and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts.