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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

Case No. 1:22-cv-23226 

VENUS CONCEPT USA INC., a 

Delaware corporation, 

Plaintiff, 

v. 

Fanatical Skin Ink, LLC, a North Carolina 

limited liability company, and Nicole 

Johnson, an individual, 

Defendants. 

___________________________________/ 

PLAINTIFF’S DECLARATION OF DAMAGES 

I, Carmen Hurtado, declare that I have personal knowledge of the facts as set forth below. 

If called as a witness, I could and would testify as follows: 

1. Plaintiff, Venus Concept USA Inc. (“Plaintiff”), is a medical aesthetic device

company in the business of developing, commercializing, and delivering minimally invasive and 

non-invasive medical aesthetic and hair restoration technologies and devices to its consumers, such 

as the Defendants, Fanatical Skin Ink, LLC and Nicole Johnson (collectively, “Defendants”). 

2. My current role at Plaintiff is Operations Controller, North America. I am familiar

with the books of record and accounts of Plaintiff, including with respect to Defendants, and am 

familiar with Defendants’ payment record. 

The Subscription Agreement 

3. Plaintiff and Defendants executed a “Subscription Agreement” dated August 16,

2019. A true and correct copy of the Subscription Agreement was attached as Exhibit “A” to the 

Complaint. Pursuant to the Subscription Agreement, Plaintiff promised to deliver certain medical 

EXHIBIT B

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aesthetic device(s), supplies, and services (collectively, the “Goods”) to Defendants in 

consideration for Defendants’ promise to make certain monthly installment payments. 

4. The total price of the Subscription Agreement was $107,000.00, consisting of the 

following: 

5. As of September 25, 2019, Defendants paid a total of $9,095.00, and $97,905.00 

remained due and owing under the Subscription Agreement. 

6. After September 25, 2019, Defendants defaulted under and materially breached the 

Subscription Agreement by failing and refusing to pay the remaining amounts due and owing to 

Plaintiff pursuant to the Subscription Agreement since September 25, 2019. Defendants’ failure to 

make the requisite payments due and owing constituted an event of “Default” under the 

Subscription Agreement. The Subscription Agreement entitles Plaintiff to default interest at the 

rate of 18% per annum calculated and compounded monthly on all overdue payments. 

7. Because of Defendants’ uncured Default, on June 30, 2022, Plaintiff sent 

Defendants a Notice of Termination thereby terminating the Subscription Agreement and 

accelerating all amounts due and owing under the Subscription Agreement. A true and correct 

copy of the Notice of Termination was attached as Exhibit B to the Complaint. The Subscription 

Agreement entitles Plaintiff to default interest from the date of the termination on the total amount 

due and owing under the Subscription Agreement at the rate of 18% per annum calculated and 

compounded monthly. 

Venus Versa Cost: $99,500.00 

Shipping charge $500.00 

Sales Tax @ 8.3% $7,000.00 

Total Purchase Price: $107,000.00 

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8. The table below reflects the total amount due and owing under the Subscription 

Agreement as of February 10, 2023: 

Total Purchase Price: $107,000.00 

Payments Made by Defendants: -$44,121.03 

Pre-Termination Default Interest 09/25/2019 – 06/30/2022: $16,957.47 

Post-Termination Default Interest 07/01/2022 – 02/10/2023: $ 8,858.25 

Total Balance Due: $88,694.69 

Total Amount of Claim 

9. The total amount due and owing under the Subscription Agreement as of February 

10, 2023, is $88,694.69, exclusive of attorneys’ fees and costs.1

10. Default interest accrues on the accelerated amount outstanding as of the termination 

of the Subscription Agreement of $79,836.44 at the rate of $39.37 per day (calculated as .18 / 365 

* $79,836.44), and Plaintiff is entitled to default interest until entry of final judgment. 

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 The Subscription Agreement entitles Plaintiff to additional attorneys’ fees and costs. Plaintiff 

will be filing contemporaneously herewith a declaration of attorneys’ fees and costs. 

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I declare under penalty of perjury under the laws of the United States that the foregoing is 

true and correct.

Executed on February ___, 2023. 

 Signature: ______________________________ 

 Carmen Hurtado 

_________

Carmen Hu

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