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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No. 1:22-cv-23223-GAYLES

VENUS CONCEPT USA INC., a

Delaware corporation,

Plaintiff,

v.

Exotic V’s Beauty Bar and Spa, a California 

company, and Victoria Naborne, 

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, Exotic V’s Beauty Bar and Spa and Victoria Naborne (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 December 18, 

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

Case 1:22-cv-23223-DPG Document 14-2 Entered on FLSD Docket 06/02/2023 Page 1 of 3
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Complaint. Pursuant to the Subscription Agreement, Plaintiff promised to deliver certain medical 

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 $81,547.36, consisting of the 

following:

5. As of June 30, 2022, Defendants paid a total of $0.00, and $102,585.95 remained 

due and owing under the Subscription Agreement.

6. After December 18, 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 December 31, 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 Legacy Cost: $74,900.00

Shipping charge $500.00 

Sales Tax @ 8.3% $6,147.28

Total Purchase Price: $81,547.36

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

Agreement as of June 2, 2023: 

Total Purchase Price: $81,547.36

Payments Made by Defendants: -$0.00

Pre-Termination Default Interest 12/18/2019 – 06/30/2022: $21,038.59

Post-Termination Default Interest 07/01/2022 – 05/23/2023: $17,150.12

Total Balance Due: $119,128.88

Total Amount of Claim 

9. The total amount due and owing under the Subscription Agreement as of May 23, 

2023, is $119,128.88, 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 $102,585.95 at the rate of $50.59 per day (calculated as .18 / 

365 * $102,585.95), and Plaintiff is entitled to default interest until entry of final judgment. 

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

true and correct.

Executed on June 2, 2023. 

 Signature: ______________________________ 

 Carmen Hurtado 

1 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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