MEMBERSHIP AGREEMENT
Welcome to The Alchemy Exchange
Think of the Exchange as your personal Membership program for aesthetic care. Each month, your Membership provides you with Treatment Credit that may be applied toward eligible services and products at your preferred Member pricing. It is a simple way to enjoy ongoing access to the care you love while maximizing the value of your Membership.
This Membership Agreement (the “Agreement”) is entered into by and between The Alchemy Clinic, PLLC (the “Clinic,” “we,” “us,” or “our”), a New Hampshire corporation located at 753 Chestnut Street, Manchester, New Hampshire, and the individual identified below (the “Member,” “you,” or “your”). This Agreement governs your enrollment in The Alchemy Exchange Membership Program (the “Program”).
1. The Alchemy Exchange
The Alchemy Exchange is a recurring membership designed to provide Members with preferred pricing and enhanced access to aesthetic services offered by the Clinic (a “Membership”). In exchange for your monthly Membership Fee, you receive a monthly Treatment Credit, each as defined below, that may be applied toward eligible services and products at the Clinic. As a Member, you also receive exclusive Member pricing, allowing your Treatment Credit to provide additional value toward treatments and products offered by the Clinic. The terms “Member” and “Membership” are used solely to describe participation in this customer benefits program. A Member is not a member, owner, shareholder, partner, manager, security interest holder, or other equity holder of the Clinic and receives no ownership, voting, management, profit-sharing, or other governance rights in the Clinic.
2. Membership Fees
You agree to pay monthly fees of $200.00 plus any applicable taxes, if any (the “Membership Fee”). Membership Fees will be automatically charged to the payment method on file on the same day of each month; the Clinic may use a third-party payment processor to process the Membership Fees .
Membership Fees are fully earned by the Clinic upon receipt and constitute consideration for your participation in the Membership Program and the benefits provided under this Agreement. For the avoidance of doubt, Membership Fees are not deposits, are not advance payments for specific products or services, are not held in trust or escrow for your benefit, and, except as expressly required by applicable law or this Agreement, are non-refundable; provided, however, that the Clinic may issue refunds for duplicate charges, unauthorized charges, and Clinic billing errors.
As a contractual benefit of Membership, the Clinic shall provide the Member with a monthly Treatment Credit in an amount equal to the Member's monthly Membership Fee. In all events, the Treatment Credit shall be subject to the terms and conditions outlined in this Agreement. Treatment Credits may be applied only toward eligible products and services offered by the Clinic at then-current Member pricing. Treatment Credits are membership benefits provided by the Clinic and are not deposits, stored-value funds, cash equivalents, gift certificates, gift cards, or funds held by the Clinic on behalf of the Member. Treatment Credits have no cash value, are non-transferable, do not accrue interest, and do not create any ownership interest in funds held by the Clinic. Your Membership will automatically renew on a month-to-month basis unless and until it is cancelled in accordance with Section 7 of this Agreement.
Billing Date (day of month):
The Clinic may adjust the amount of membership fees on a going-forward basis applicable to future billing cycles with advance written notice to you. Any change in fees will not affect Treatment Credit already accrued.
3. Treatment Credit
For purposes of this Agreement, "Treatment Credit" means the monthly membership benefit credited by the Clinic to Members as part of participation in the Membership Program. The value of your Treatment Credit will accrue with each Membership Fee paid in an amount equal to the Membership Fee, excluding any applicable taxes or other charges. Treatment Credits are posted to the Member immediately upon successful payment and may be reversed if the underlying corresponding payment is refunded, disputed, charged back, or later determined to be unauthorized. If the Treatment Credit has already been used before such a chargeback, the resulting amount becomes immediately due from the Member to the Clinic.
Treatment Credit is a contractual benefit of Membership that may be applied only toward eligible products and services offered by the Clinic at then-current Member pricing, subject to the terms and conditions of this Agreement. Treatment Credit is not a deposit, stored-value account, prepaid treatment fund, gift certificate, gift card, cash equivalent, or advance payment held by the Clinic on behalf of the Member.
Treatment Credit has no cash value, is not redeemable for cash, is non-transferable, does not accrue interest, and does not create any ownership interest in funds held by the Clinic.
For each monthly Membership Fee paid while your Membership is active, the Clinic will provide you with a Treatment Credit equal to the amount of that monthly Membership Fee.
Treatment Credit accrues only while your Membership is active and all amounts due under this Agreement have been successfully paid. No credit accrues for any month in which fees are not paid, and no credit accrues after your Membership ends, except as expressly provided in Section 7. Treatment Credits do not expire, and the Clinic will not impose any dormancy fee, administrative fee, service charge, or other charge that reduces their value.
4. Member Pricing
As an active Member, you receive preferred Member pricing on eligible services and products. Member pricing reflects the Clinic’s current published Member rates, which the Clinic may update from time to time. Member pricing is a benefit of active Membership and is not a guarantee that the price of any specific service will remain unchanged. Member pricing applies only while your Membership is active and fees are current. Upon cancellation, unused Treatment Credits will remain redeemable at the Clinic’s then current non-Member pricing.
5. Use and Nature of Treatment Credit
Treatment Credit may be applied toward eligible services and products offered by the Clinic. The following terms govern all Treatment Credit:
● Treatment Credit has no cash value and represents a membership benefit that may be applied either in whole or in part toward eligible Clinic products and services only as designated by the Clinic; any unused remainder of the Treatment Credit remains credited to the Member;
● The Member must pay any amount exceeding the available Treatment Credit and no cash or change will be provided in any such transaction; provided, however that in the event a product or service is required to be refunded, amounts paid using Treatment Credit will be restored as Treatment Credit and amounts paid using cash or card may be returned through the original payment method, subject only to the Clinic’s refund policy;
● Treatment Credit may not be redeemed for cash, in whole or in part, at any time;
● Treatment Credit is non-transferable, non-assignable, and may be used only by the Member named in this Agreement;
● Treatment Credit is not a gift card;
● Treatment Credit is not a bank account, is not a deposit, and does not accrue interest;
● Treatment Credit may not be combined with certain promotions where the Clinic states that restriction in writing;
● Certain services, third-party products, or fees may be designated as ineligible for credit, and the Clinic will identify these where applicable;
● Fees for missed or late cancelled appointments are governed by the Clinic’s separate appointment policy and are not paid from Treatment Credit unless the Clinic states otherwise in writing; and
● Treatment Credit does not expire and is not subject to any dormancy fee, latency fee, administrative fee, service charge, or other fee or charge that reduces its value.
6. Billing, Term, and Renewal
Your Membership begins on the Effective Date and continues on a month-to-month basis unless terminated or cancelled in accordance with this Agreement. Fees are charged each month automatically to the payment method on file, and your Membership renews each month automatically until it ends under Section 7. You are responsible for keeping a valid payment method on file. If a charge is declined, the Clinic may pause credit accrual and Member pricing until the account is brought current, and if payment is not brought current after the Clinic provides notice and a reasonable opportunity to update your payment method, the Clinic may terminate your Membership for nonpayment under Section 7.
7. Cancellation, Termination, and Effect on Treatment Credit
You may cancel your Membership at any time by sending written notice to billing@alchemyclinic.com. Your cancellation will become effective at the end of your then-current monthly billing cycle. To avoid the next scheduled Membership Fee, the Clinic must receive your cancellation notice before your next billing date. Membership Fees already charged are fully earned upon receipt, will not be prorated, and are non-refundable except as expressly required by applicable law. Cancellation does not retroactively reverse any charges that have already been processed, and you will continue to receive Member pricing through the end of the paid billing cycle. The Clinic may terminate your Membership at any time, with or without cause, including, without limitation, for nonpayment, fraudulent or improper use of Membership benefits, conduct that is abusive, threatening, or disruptive toward Clinic staff or other patients, repeated failure to comply with Clinic policies, or where the Clinic determines that continued treatment is no longer clinically appropriate or in the best interests of the patient or the Clinic. Unless the Clinic expressly agrees otherwise in writing, the Treatment Credit provisions below apply regardless of whether the Membership ends by your cancellation or by termination by the Clinic. Termination of Membership does not entitle the Member to a refund of Membership Fees paid or conversion of unused Treatment Credit into cash, except where the Clinic terminates the Membership and does not permit the Member to redeem the unused Treatment Credit, or where a refund is otherwise required by applicable law.
Upon termination or cancellation of your Membership for any reason:
• Membership Fees previously paid remain non-refundable.
• No further Membership Fees will be charged after the effective termination date.
• No additional Treatment Credits will accrue after the effective termination date.
• Any unused Treatment Credit accrued before the effective termination or cancellation date will remain available to the Member, will not expire, and may be applied toward eligible products and services at the Clinic’s then-current non-Member pricing. No dormancy fee, latency fee, administrative fee, service charge, or other fee or charge that reduces the value of unused Treatment Credit will be imposed.
• If the Clinic terminates the Membership and does not permit the Member to return to the Clinic or otherwise redeem unused Treatment Credit, the Clinic will refund the unused Treatment Credit
8. Changes to the Program
The Clinic may modify the structure, benefits, pricing, or terms of the Program on a going-forward basis with at least 30 days’ advance written notice to Members, which may be provided by e-mail to the address of the Member that the Clinic has on file. Changes will not reduce or eliminate Treatment Credit already accrued at the time the change takes effect. If you do not agree to a change, your remedy is to cancel your Membership under Section 7. No change to the Program may cause previously accrued Treatment Credit to expire or impose any dormancy fee, latency fee, administrative fee, service charge, or other fee or charge that reduces its value.
9. Services and Medical Acknowledgment
Membership in the Program does not itself constitute a course of medical treatment and does not guarantee candidacy for, or the outcome of, any service. All services remain subject to independent clinical evaluation, medical appropriateness, and a separate written informed consent completed before treatment. The Clinic may decline to provide any service it determines is not clinically appropriate, and Membership does not entitle you to any service the Clinic determines should not be performed. The Clinic may designate certain services, products, packages, promotions, or procedures as ineligible for Treatment Credit redemption.
The Program is not health insurance and applies only to eligible elective, self-pay products and services. Treatment Credit may not be applied toward insurance copayments or deductibles or any product or service billed to Medicare, Medicaid, TRICARE, another governmental health care program, or any third-party payor. Termination of Membership does not, by itself, terminate or alter any existing provider-patient relationship or course of medical treatment.
10. Member Acknowledgments
Member acknowledges that the Membership Program is intended to provide discounted access to aesthetic services and ongoing Membership benefits and is not intended to function as a savings account, bank account, prepaid debit account, gift certificate, gift card, investment, or escrow arrangement.
By signing below, you further acknowledge and agree that:
● Your enrollment in the Program is voluntary.
● You have read and understood this Agreement and you have had the opportunity to ask questions.
● You understand that Membership Fees are nonrefundable except as otherwise provided in this Agreement or required by law and that Treatment Credit has no cash value, is nontransferable, and does not expire.
● You understand that your Membership renews automatically and you hereby authorize the Clinic to charge your payment method each month until you cancel by emailing billing@alchemyclinic.com.
● No representation about the Program has been made to you that is not contained in this written Agreement.
11. General Terms
This Agreement is the entire agreement between you and the Clinic regarding the Program and supersedes any prior discussions or understandings; provided, however, provided, however, that separate informed consents, treatment agreements, appointment policies, privacy notices, and other clinical documents remain independently applicable. If any provision is found unenforceable, the remaining provisions continue in effect. This Agreement is governed by the laws of the State of New Hampshire. The Clinic’s failure to enforce any provision is not a waiver of its right to do so later. Notices under this Agreement may be provided to you at the email address listed above, and you are responsible for keeping your contact and payment information current. You consent to the use of electronic records, notices, and signatures in connection with this Agreement. You may not assign or transfer your Membership or rights under this Agreement. Nothing in this Agreement waives any right or remedy that cannot lawfully be waived.