Legal Clauses for Training Courses
(1) COMPANY’S SERVICES. Upon receipt of advance deposit from the Student, New York Lash and Brow Co. agrees to render services related to education, seminar, and/or training (the “Program”). The scope of services rendered by New York Lash and Brow Co. pursuant to this contract shall be solely limited to those contained therein.
(2) COMPENSATION. Student agrees to compensate New York Lash and Brow Co. and pay the amount of course tuition and, if applicable, supplies purchased ordered prior to training date.(The Fee). Said amount will be paid in full via bank transfer or credit card prior to the date of the training course. In order to ensure the highest efficacy of training, purchasing New York Lash and Brow Co. brand supplies is an express pre-condition to receiving the education properly and fully.
(3) PAYMENT TERMS. Parties agree that the services to be rendered are in the nature of training and education. Student has independently evaluated its ability to pay the Fee with Student’s independent consultants, in light of Student’s financial position and circumstances, and verifies that it is able to pay the Fee and will not be unduly burdened by payment of the Fee. Upon execution of this Agreement, Student shall be responsible for the full extent of the Fee, regardless of whether Student completes the full extent of services offered by New York Lash and Brow Co. New York Lash and Brow Co. shall not be obligated to invoice student for payments. New York Lash and Brow Co. will provide student with payment receipts that will be sent via email to the email address of record. Student’s acceptance of this agreement comprises Student’s authorization for all charges set forth in this Agreement on the dates set forth herein. In the event that Student terminates services prior to the completion of the services, Student shall be responsible for the entire Fee set forth herein. Upon execution of this agreement, all payments towards the Fee shall be collectable and non-refundable on the dates set forth herein. If Student fails to complete payments on a product or service purchased at a promotional, early-bird, or bundled price that has expired, Student becomes responsible for the entire full and regular price of the product and/or tuition.
4) CHARGEBACKS AND PAYMENT SECURITY. To the extent that Student provides New York Lash and Brow Co. with Credit Card(s) information for payment on Student’s account, New York Lash and Brow Co. shall be authorized to charge Student’s Credit-Card(s) for any unpaid charges on the dates set forth herein. If Student uses a multiple-payment plan to make payments to New York Lash and Brow Co., Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. If Student uses a payment card that is not in the Student’s name, Student is fully responsible for the payment due in the case the cardholder revokes authorization or pursues a chargeback. Student is responsible for reimbursing the New York Lash and Brow Co. for the chargeback plus the 16% chargeback fees charged by the merchant account, even if the card authorized then charged back is not in the Student’s name. Student is responsible for updating their payment method prior to any due payments if their payment method on file is no longer valid. Student shall not make any chargebacks to New York Lash and Brow Co. account or cancel the credit card that is provided as security without New York Lash and Brow Co.'s prior written consent. Student is responsible for any fees associated with recouping payment on chargebacks and an additional collection fee of 50% of the amount charged back. Student shall not change any of the credit card information provided to New York Lash and Brow Co. without notifying Company in advance. If Student pursues a chargeback on a course that was purchased on a promotional, early-bird, or bundled price that has expired at the time the chargeback is initiated, Student becomes responsible to reimburse the New York Lash and Brow Co. for the full current and regular price of the product and/or tuition.
(5) NO RESALE OF SERVICES PERMITTED. Student agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferable or assignable without the New York Lash and Brow Co. prior written consent.
(6) NO TRANSFER OF INTELLECTUAL PROPERTY. New York Lash and Brow Co. copyrighted and original materials shall be provided to the Student for his/her individual use only and a single-user license. Student shall not be authorized to use any of New York Lash and Brow Co. intellectual property for Student’s business purposes. Student shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from New York Lash and Brow Co. electronically or otherwise without the prior written consent of the New York Lash and Brow Co. All intellectual property, including New York Lash and Brow Co. copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute New York Lash and Brow Co. materials is granted or implied.
(7) LIMITATION OF LIABILITY. By using the New York Lash and Brow Co. services and enrolling in the Program, Student releases New York Lash and Brow Co., officers, employers, employees, directors, related entities, trustees, affiliates, and successors from any and all damages that may result from anything and everything. The Program is only an educational and/or business training service being provided. Student accepts any and all risks, foreseeable or unforeseeable, arising from these transaction(s). Student agrees that New York Lash and Brow Co. will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of New York Lash and Brow Co. services or enrollment in the Program. Student agrees that use of New York Lash and Brow Co. services and enrollment in this Program is at Student’s own risk.
(8) DISCLAIMER OF GUARANTEE. Student accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Student accepts and agrees that she/he is the one vital element to the Program’s success and that New York Lash and Brow Co. cannot control Student and/or Student’s participation. Student commits to accepting assignments/exercises/sessions presented by New York Lash and Brow Co. and, to the extent that assignments/exercises/sessions require group participation, participating fully for the benefit of all members. If Student is unwilling/unable to participate in exercises/assignments/sessions, the contract is terminable at New York Lash and Brow Co. option without recourse or refund of any kind. New York Lash and Brow Co. makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Student accepts that, because of the nature of New York Lash and Brow Co. services and extent of Students’ participation in New York Lash and Brow Co. exercise(s)/recommendation(s), the results experienced by Students significantly vary. Student’s accepts responsibility for such variance. New York Lash and Brow Co. and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Student accepts that if they enrolled in an in-person course and agreed to attend an online course or vice versa that only the format will change but the course content remains exactly as described. The description of the course does not refer to the format of which the course is delivered.
(9) COURSE RULES. To the extent that Student interacts with New York Lash and Brow Co. staff and/or other New York Lash and Brow Co. Students, Student agrees to at all times behave professionally, courteously, and respectfully with staff and Students. To the extent that Student attends New York Lash and Brow Co. seminars/workshops, Student shall not mass-distribute marketing materials to or mass-solicit other attendees of New York Lash and Brow Co. seminars. Student agrees to abide by any Course Rules/Regulations presented by New York Lash and Brow Co. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Student shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
(10) TERMINATION. In the event that Student is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Student and terminate providing further services and products to Student. In the event that Student is in arrears of payments to New York Lash and Brow Co., Student shall be barred from using any of New York Lash and Brow Co. services/programs or access to products and current Program will be suspended until payment is resumed and current on payments. Student is allowed to be suspended for only two consecutive months before forfeiting their account. In the event of such termination, Student shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee and New York Lash and Brow Co. has the right to pursue the Fee through its collection processes.
(11) CONFIDENTIALITY. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information that: (a) is now or subsequently becomes generally available to the public; (b) the New York Lash and Brow Co. or Student had rightfully in their possession prior to disclosure by the disclosing party; (c) the New York Lash and Brow Co. or Student rightfully obtains from a third party. New York Lash and Brow Co. agrees not to disclose, reveal or make use of any Confidential Information learned through its transactions with Student, during discussion with Student, or otherwise, without the written consent of Student. New York Lash and Brow Co. shall keep the Confidential Information of the Student in strictest confidence and shall use its best efforts to safeguard the Student’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. To the extent that interacts with other Students, Student agrees information received by Student about other Students business or personal matters shall be considered Confidential Information and not be disclosed with the prior written consent of the disclosing party.
(12) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other. The Student agrees that any public communications intending damage to the New York Lash and Brow Co. reputation will be billed at $250.00 per day, even if the Student should choose to remove the comments at a later date. The New York Lash and Brow Co. reserves the right to pursue this compensation through its collection processes.
(13) INDEMNIFICATION. Student shall defend, indemnify, and hold harmless New York Lash and Brow Co., Company’s officers, employers, employees, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by New York Lash and Brow Co., or any of its shareholders, trustees, affiliates or successors. Student shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. New York Lash and Brow Co. recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
(14) CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by New York Lash and Brow Co., Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
(15) CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the state of New York without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of New York, , which arbitration shall be binding upon the parties and their successors in interest. New York Lash and Brow Co. is entitled to be reimbursed for all legal fees from the Student in order to enforce the provisions of this Agreement.
(16) ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
(17) SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
(18) SEVERABILITY. If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
(19) OTHER TERMS. Upon execution of This Agreement by checking the "accept terms" box below , the Parties agree that any individual, firm Company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, Companies, heirs, assigns, designees or consultants of which the signee is a Company, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.
(20) NON-COMPETITION Student agrees that after the date of training set out in this agreement, the Student shall not for a period of two (2) years, either directly or indirectly, alone or in conjunction with any other person, firm, association, corporation or other business enterprise whether as principal, agent, shareholder, director, officer, employee or in any other manner whatsoever carry on, engage in or be concerned with carrying on an eyelash extension training business within the country of United States. Student agrees they are not here as part of another existing eyelash extensions training company, or with the intention to form a competing company, to perform research or access trade secrets. If this portion of the agreement is required to be enforced, Student agrees New York Lash and Brow Co. is entitled to be reimbursed for all legal fees from the Student in order to enforce the provisions of this Agreement. New York Lash and Brow Co. and the Student further agree that the restrictions herein contained are reasonable and valid, and therefore waives all defenses to their strict enforcement including (without limitation) injunction.A facsimile, electronic, e-mailed, or original copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument.
(21) MEDIA RELEASE Student hereby releases their image, likeness, and voice for use in any marketing, promotional, or creative work New York Lash and Brow Co. wishes to use it for. Student agrees that all photos, recordings, and video may be used in full or in part in all media including but not limited to audio, video, Internet, print, and for any other purpose. Student consents their name, image, likeness and voice in connection with the distribution and promotion of New York Lash and Brow Co. training Academy. Student expressly releases the New York Lash and Brow Co. from any and all claims they may have arising out of these materials and waive all rights to consideration for the use of any promotional material that contains the above.
(22) CREDENTIALING Credentialing requirements vary from region to region, and Student is responsible for these, including any additional business registrations or health code compliance required by the region they practice in. Practicing without the appropriate credentials is solely at Students risk. No special provisions or refunds will be made for Students who don’t wish to comply with their regions’ specific requirements. New York Lash and Brow Co. will not be held liable if Student fails to provide proper licensure or credentials as required by the state or region in which they reside or practice.
(23) SPECIAL EXCEPTIONS – FORCE MAJEURE – the Parties agree that except in the case of a government mandated shutdown of services or an Act of God preventing services from being delivered, all courses will go on as scheduled and the regular terms will apply. Upon occurrence of such a shutdown or Act of God, New York Lash and Brow Co. will notify affected Students with the option of an online training with an educator via web conferencing software, arrange an alternate in-person training date, or provide an online course if applicable. During the duration of a shutdown or Act of God that prevents the ability to provide services, the Student agrees this is a reasonable effort to limit damages to both parties. The parties agree that since New York Lash and Brow Co. obligations to the event of a shutdown or Act of God, no payment obligations on behalf of the Student are excused in such a circumstance even if they do not participate in the alternate options offered.
(24) OTHER TERMS – The Parties agree that any individual, firm, Company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, Companies, heirs, assigns, designees or consultants of which the signee is a Company, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.