Terms of Service
Last Updated: October 11, 2026
1. Acceptance of Terms
By using our website, client portal, online booking, forms signed by link or on our in-clinic iPad, or our photo consultation tool (together, the "Services"), you agree to these Terms of Service and acknowledge our Notice of Privacy Practices. If you do not agree, please do not use the Services.
2. The Services
The Services are operated by Magnolia Skin Center, Inc. ("Magnolia Skin Center," "we," "us," or "our") and let you:
- ●See your treatment plan, appointments, photos and videos in your client portal;
- ●Book, move or cancel appointments;
- ●Read and sign forms and consents;
- ●Use our photo consultation tool, which makes AI simulations from a photo and lets Dr. David McDonough, MD, or our clinical staff record a personal video walkthrough for you.
3. Not Medical Advice
- ●Information only: AI simulations, educational content and consultation videos are for illustration and education. They are not medical advice, a diagnosis or a final treatment plan.
- ●When care begins: using the photo consultation tool or reading our content does not by itself create a provider–patient relationship. Treatment decisions are made only after an in-person assessment and Good Faith Examination (GFE) by a California-licensed clinician at our clinic.
- ●Emergencies: the Services are not monitored for emergencies. If you think you have a medical emergency, call 911 or go to the nearest emergency room.
4. AI-Generated Simulations
- ●Illustration only: AI after-images are computer-generated predictions. They are not guaranteed results. Healing, skin and anatomy vary from person to person.
- ●Labeling: as California law requires (including SB 942 / AB 2013), AI-generated media is labeled "AI Simulation – Illustrative Only." You agree not to remove or hide that label.
5. Eligibility
You must be at least 18 years old to use the Services yourself. A parent or legal guardian may use them on behalf of a minor patient.
6. Your Photos, Your Information & Our Content
- ●Your photos: you confirm that any photo you upload is of you, or that you have the legal right to upload it.
- ●Limited license: you allow Magnolia Skin Center and its secure service providers (under HIPAA Business Associate Agreements) to store and process your photos only to provide your care and consultation.
- ●No marketing without permission: your photos, AI images and consultation videos are never used for marketing, social media or promotion without your separate written Photo, Video & Marketing Authorization.
- ●Our content: Magnolia Skin Center keeps all rights in its software, branding, videos and clinical materials.
7. Photos of Other Clients
Before-and-after photos of other clients that we share with you are shown with those clients' written permission, for your review only. You may not save, copy, screenshot, forward, post, publish or use them for any other purpose.
8. Text Messages & Email
- ●For your care: we may text and email you about appointments, forms to sign, portal sign-in codes, your consultation and follow-up. Message and data rates may apply.
- ●Opting out: reply STOP to any text, or email rejuv@magnoliaskincenter.com.
9. Privacy
We handle your information as described in our Notice of Privacy Practices, on secure, encrypted systems that meet HIPAA and California privacy requirements (including the CMIA and CCPA).
10. Disclaimers & Limitation of Liability
- ●"As is": the Services are provided "as is" and "as available," without warranties of merchantability, fitness for a particular purpose or non-infringement.
- ●Limitation of liability: to the fullest extent California law allows, Magnolia Skin Center, Inc., its officers, employees and medical personnel (including Dr. David McDonough, MD, and Eileen Kenny, RN) are not liable for indirect, incidental, special, punitive or consequential damages from using, or being unable to use, the Services or relying on an AI simulation. Our total liability will not exceed the greater of $100.00 or the amount you paid to use the online tool (if any).
11. California Civil Code § 1542 Waiver
If you are a California resident, you waive California Civil Code § 1542, which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
12. Governing Law
These Terms are governed by the laws of the State of California. Any dispute not subject to arbitration under Section 13 will be heard only in the state and federal courts of Los Angeles County, California.
13. Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES BINDING INDIVIDUAL ARBITRATION INSTEAD OF A COURT CASE.
- ●Binding arbitration: any dispute arising out of these Terms, the Services, AI simulations, consultation videos or images you submit — in contract, tort, statute or otherwise — is resolved by final and binding individual arbitration administered by JAMS (or the AAA) under its Comprehensive or Streamlined Arbitration Rules.
- ●Location: Los Angeles County, California, unless both sides agree in writing to proceed remotely.
- ●Class action waiver: YOU AND MAGNOLIA SKIN CENTER MAY BRING CLAIMS AGAINST EACH OTHER ONLY INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
- ●Exceptions: either side may (1) bring an individual small claims case in Los Angeles County; (2) seek a preliminary injunction in Los Angeles County courts to stop misuse of intellectual property or unauthorized access; or (3) bring claims that California public policy does not allow to be arbitrated.
14. Changes to These Terms
We may update these Terms. When we do, we change the "Last Updated" date above and ask you to agree again the next time you open your client portal.
15. Contact
Magnolia Skin Center, Inc.
3508 1/2 W. Magnolia Blvd., Burbank, CA 91505
Phone: (747) 305-8973 · Email: rejuv@magnoliaskincenter.com
See also our Notice of Privacy Practices and Accessibility Statement.
