ARBITRATION AGREEMENT

The term "Dispute" in this Arbitration Agreement (“Agreement”) means any dispute, claim, or controversy arising out of or relating to you and LaserAway, its agents, representatives, affiliates, successors and assignees (“LaserAway”) regarding any aspect of your relationship with LaserAway, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, unfair business practices, medical malpractice, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Agreement.

A. Early Informal Dispute Resolution:

In the event of any and all Disputes (as defined above), you and LaserAway agree to first send the other party a notice of the Dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested.

You must send your notice of a Dispute by e-mail to [email protected] Likewise, we will send any notice of a Dispute we may have to you at the contact information you have provided to us, that we have for you. You and LaserAway will attempt to resolve any Disputes through informal negotiation within sixty (60) days from the date that the notice of dispute is sent.


B. Agreement to Arbitrate and Applicable Law:

If we are unable to resolve the dispute informally, you and LaserAway agree that any and all Disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act (Title 9 of the United States Code) and federal arbitration law shall apply, and govern the interpretation and enforcement of this Agreement.

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES ABOVE, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.


C. Initiating an Arbitration and the Arbitration Process:

Either you or LaserAway may initiate arbitration proceedings. To begin an arbitration proceeding, you must request an arbitration in writing to be sent to LaserAway describing the nature of your claim, and remedies sought. The written request must be sent via email to [email protected] with "Arbitration Request" in the subject line.


You may also contact us by mail at:
LaserAway
10100 Santa Monica Blvd., Suite 430
Los Angeles, CA 90067


An arbitration action must be initiated and/or demanded within the applicable statute of limitations. The arbitration will be conducted before a single arbitrator. The arbitrator shall have the power to rule on their own jurisdiction, including any objection with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration. Each party to the arbitration shall pay such party's pro rata share of the expenses and fees of the arbitrator, together with expenses of the arbitration incurred, not including counsel fees or witness fees, or any other expenses incurred by such party for such party's own benefit.

Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com; or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums. If LaserAway initiates arbitration, it shall have the choice as between these two arbitration forums. The rules for each of these two forums are available on their respective websites or by calling their phone numbers noted below. Payment of all filing, administration and arbitrator fees will be governed by the rules of forum selected.

* For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.

* The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

You and LaserAway agree this Agreement shall be governed by the laws of the State of California. You can bring an arbitration action in either California or in the state where you live if JAMS and/or AAA are available in that state. In the event that LaserAway initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case LaserAway may initiate the arbitration in California.

If required for the enforceability of this Agreement under the Federal Arbitration Act, LaserAway will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.

You can bring the arbitration in either California or in the state where you live if there is a JAMS or AAA in that state. In the event that LaserAway initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case LaserAway may initiate the arbitration in California.

D. Class Action Waiver:

If and when applicable, you and LaserAway agree that a Dispute to the extent permitted by law:

(a) shall be resolved through binding arbitration, with the exception that you may assert claims in small claims court if your claims qualify;
(b) that such binding arbitration shall be conducted on an individual, not a class-wide basis and that such proceedings may not be consolidated with any other arbitration or other legal proceedings involving LaserAway or any other person;
(c) that you, or and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against LaserAway; and
(d) LaserAway and you further agree that the arbitrator of any dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, or consolidated action).

E. Revocation:

This Agreement may be revoked by written notice delivered to LaserAway within thirty (30) days of the date of the agreement. It is the intent of this agreement to apply to all medical services rendered any time for any condition.

F. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and shall not be affected by the invalidity of any other provision. I understand that I have the right to receive a copy of this arbitration agreement. By agreeing below, I acknowledge that I have received a copy.

NOTICE: BY AGREEING TO THIS CONTRACT YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL. SEE SECTION B OF THIS CONTRACT.