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Eyelash Pro Company (the “Company”) provides eyelash extension training to individuals (“Student”, “User”, “Customer”) licensed by their state to perform eyelash extension services. All students must be able to provide proof of certification that they are legally able to perform these services upon request.
All course fees are due at the time of registration and are NON-REFUNDABLE. If the User/Student is unable to attend the scheduled training class for circumstances beyond the User/Student’s control such as medical emergency, sickness, flight cancellations/delays, etc., the course fee will be credited and training will be rescheduled at our local location within six months. If the User/Student does not reschedule within six months from the time of payment the course fee credit will expire and the course fee forfeited by the User/Student .
Some classes require that User/Student provide a model for practical training application. If User/Student is receiving training at the Company location in Texas, the Company can provide User/Student with a model upon request providing request is made seven days or more in advance of the class date.
User/Student hereby releases their image, likeness, and voice for use in any marketing, promotional, or creative work the Company wishes to use it for. User/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. User/Student expressly releases the Company from any and all claims they may have arising out of these materials and waive all rights to compensation for the use of any promotional material that contains the above.
The Company provides training to licensed, credentialed Users/Students. Licensing/Credentialing requirements vary from region to region, and as such User/Student is responsible for these, including any additional business registrations or health code compliance required by the region or state they practice in. Practicing without the appropriate license/credentials is solely at User/Student risk. No special provisions or refunds will be made for Users/Students who do not comply with their state or regions’ specific requirements.
The Company’s copyrighted and original materials shall be provided to the User/Student for his/her individual use only and a single-user license. User/Student shall not be authorized to use any of the Company’s intellectual property for User’s/Student’s business purposes. User/Student shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from the Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including the Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted or implied.
LIMITS OF LIABILITY
By using the Company’s services and enrolling in the Company’s classes whether online or in person, the User/Student releases the Company, officers, employers, employees, directors, related entities, trustees, affiliates, and successors from any and all damages of any kind. All classes are for educational and/or business training services. User/Student accepts any and all risks, foreseeable or unforeseeable, which may arise. User/Student agrees that the Company 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 the Company’s services or enrollment in the class. User/Student agrees that use of the Company’s services and enrollment in any class is at User’s/Student’s own risk.
DISCLAIMER OF GUARANTEE
User/Student accepts and agrees that she/he is 100% responsible for her/his progress and results from the class. User/Student accepts and agrees that she/he is the one vital element to the Program’s success and that the Company cannot control User/Student and/or User’s/Student’s participation. User/Student commits to accepting assignments/exercises/sessions presented by the Company and to the extent that assignments/exercises/sessions require group participation, participating fully for the benefit of all members. If User/Student is unwilling/unable to participate in exercises/assignments/sessions, the contract is terminable at the Company’s option without recourse or refund of any kind. The Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. User/Student accepts that, because of the nature of the Company’s services and extent of Users’/Student’s participation in the Company’s exercise(s)/recommendation(s), the results experienced by Users/Students significantly vary. User/Student accepts responsibility for such variance. The Company and its affiliates disclaim any implied warranties of titles, merchantability, and fitness for a particular purpose.
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 Company or User/Student had rightfully in its possession prior to disclosure by the disclosing party; (c) the Company or User/Student rightfully obtains from a third party. The Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with User/Student, during discussion with User/Student, or otherwise, without the written consent of User/Student. The Company shall keep the Confidential Information of the User/Student in strictest confidence and shall use its best efforts to safegaurd the User/Student Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. User/Student agrees information received through interaction with other User(s)/Student(s) about other User(s)/Student(s) business or personal matters shall be considered Confidential Information and not be disclosed without the prior written consent of the disclosing party.
User/Student shall defend, indemnify, and hold harmless the Company, the 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 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 the Company, or any of its shareholders, trustees, affiliates or successors. The User/Student shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The Company 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.