BELLAGI BEAUTY SERVICES AGREEMENT
THIS AGREEMENT made between Bellagi Beauty Ltd, located at 527-550 W Broadway, Vancouver, BC, V5Z 0E9, a corporation incorporated under the laws of British Columbia, Canada (known as “Company”, “We”, “Us” or “Our” ) and You as registered student ( known as “Student”, “You”, or “Customer”).
IN CONSIDERATION of the respective covenants and agreements contained in this Agreement and for other good and valuable consideration (the receipt and sufficiency of which is mutually acknowledged), the parties covenant and agree as follows:
Services. Bellagi Beauty will provide cosmetic tattoo training. We help you to develop permanent makeup fundamental skills.
Eligibility. By entering this Agreement the you represent and warrant that:
You are you are older than eighteen (18) years and have full legal capacity to enter into a binding agreement;
You will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with this Agreement; and
You will not use services provided under this Agreement contrary to applicable laws.
3. Model. This is a hands-on training, so you will need to secure your model as follows:
Models must arrive day 2nd of the training at 1:30 pm
If you're travelling and need help finding models, please contact us via email. Please note that the model fee if you can't find a model is $150. We will assist to the best of our ability, but can not guarantee we will be able to secure models for you.
To ensure you select good candidates to be your models, please make sure that your model does not have any of the following conditions, pregnant, breastfeeding, insulin dependent diabetes, psoriasis, taking blood thinning medications or accurate, must be over 18 years old of age.
For Brows Training - Model cannot have had any previous permanent makeup or microblading done on the eyebrows area
For Lip Blush Training - ensure the model doesn't have a history of cold sore (simple herpes virus). If they do, they need to take anti-cold sore medication prescribed from their doctor 3 days before the appointment day and 3 days after to prevent cold sore outbreak.
All students will work on fake practice skin prior to working on a live model. If student has not demonstrated the ability to execute properly technique on fake skin, the student will not be able to move forward and work on a live model. Instead student will continue to practice and complete worksheets to ensure future success of the student.
4. Payment. Your deposit is non-refundable to hold your seat. The remaining balance plus 5% tax on total tuition fee is due 2 weeks before the start of class. We accept cash, credit card, and e-transfer. For e-transfer, please send to this email: email@example.com
5. No Refunds. All deposits and payments are final and non-refundable regardless of whether you participated the class or not. If you don’t participate the class on your training date(s) under this Agreement, it will forfeit your payment. If you wish to to participate another class date, you will need to purchase new classes again.
6. Non-Transferable. Classes or other services provided under this Agreement are not transferrable.
7. Online payment. When you book training class date on the website, you can choose the method of payment. If you’re paying by credit card, you must provide valid and current information necessary to process the payment. You agree and authorize Bellagi Beauty to charge to your credit card for all fees payable under this Agreement. We reserve the right to amend fees or to institute new fees at any time upon reasonable notice posted in advance on the website. Any changes to the pricing will not affect already purchased services and will become effective upon posting.
8. Limitation of services. Bellagi Beauty may at its own discretion, limit the number of available classes or refuse to provide classes to a Customer without the need to provide reasoning for such action. Bellagi may especially refuse to accept the Customer order if:
The billing information you provided is incorrect, or invalid, or we are otherwise unable to process the payment;
We suspects that the order is fraudulent. We reserves the right to refuse any order which in, in its sole discretion, is found found to have been placed as a result of fraudulent activity; or
The Student’s order is placed pursuant to previous credit card dispute.
9. Indemnification. You agree to indemnify, defend and hold Bellagi Beauty harmless, including its officers, directors, owners, partners, employees, agents, lawyers, information providers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, losses, costs and expenses, including legal fees, arising out of or relating to any breach, or claim, that if true, would be a breach, by the Customer of these terms and the Customer’s use of or activities in connection with the services. We reserve the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Student. You shall not enter into any settlement agreement which affects the rights of any of the indemnified parties or requires the taking of any action by any of them, without our prior written approval.
10. No Warranty. All services are provided “As Is”. There are no warranties, conditions, guarantees or representations as to the merchantability, fitness for particular purpose or other warranties, whether express or implied in law or in fact, oral or in writing. The information is not intended to provide financial, insurance, legal, accounting, tax or other advice, and shall not be relied by the user in those regards. Student acknowledges that it will seek professional investment advice before making any financial or investment decisions, including (but not limited to) opening up a permanent makeup business, and will not rely upon any of the information provided by the Company. Moreover, you’re fully responsible for any investment or business decisions that you make and any profits or losses that may result from your own decisions, which you take full accountability for notwithstanding anything taught in these courses. We do not represent or warrant by purchasing, participating or implementing the content or any part thereof will result in any benefit for you or for others including without limitation an employment, financial gain, service improvement, or development of know-how. The certification awarded to you certify that you participated our training class and is not certification recognized by university, college, government, or educational institution.
11. Release of Liability. Bellagi Beauty Disclaims any liability in respect of these classes and the customer releases the Company of any liability in respect of these classes. Bellagi Beauty doe not accept any liability for any investment or business loss arising from the customer’s actions or decisions made as a result of using these services, or for any loss suffered as a result of your attendance of classes or use of services. You agree that to the extend permitted by law, its sole and exclusive remedy for any problems or dissatisfaction with the services is to stop using them. To the maximum extend permitted by law, Bellagi Beauty, its employees, officers, shareholders, directors, agents, subsidiaries, affiliates, successors, suppliers, assigns or licensors shall not be liable for any indirect, special incidental, punitive, exemplary or consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss, use, good-will, or other intangible losses, arising out of your use of our services regardless of legal theory, even if we have been advised of the possibility of those damages and event if a remedy fails of its essential purpose. In no event shall Company’ aggregated liability exceed the amount paid by the Student under this Agreement, if any, the past one month for the content giving rise to the claim, to the extend permitted by law. We do not accept any liability and the Student hereby agree to the release us of any liability arising (whether directly or indirectly) out of the information provided through the classes, or any errors, in or omissions from such information. We are not liable for loss (whether directly or indirectly) caused by the Student’s actions or decisions based on your reliance on the information provided to you through the classes, nor caused by the delay or the availability of the classes. Although we strives for accuracy in the services we provide, we do not make any guarantee or representation as to the exactness and the accuracy of such services. You understand and agree that we are not liable for the work you perform and that you remains solely responsible for any damages, injury, or claim of your own customers caused by your work, even in the case such work is based in whole or in part on the information provided through the classes. You release the Bellagi Beauty, its representatives and its practitioners, or all claims for injury, demands, damages, actions, causes of actions, or suits of any kind, or any nature whatever that may arise in any way relating to ant and all injuries, damages, loss of any kind, but not limited to both personal property, personal injuries, losses, or damages that may develop in the present or future as a result of anyway relating to our classes and educational materials.
12. Testimonials. Any prior experience, testimony, or result is not a guarantee that equal success will be achieved in the Student’s circumstances. Past performance or results are not indicative of future results or success. Testimonials are not indicative of future success and have not been verified by an independent third party. Testimonials provided through the Content are unsolicited and are non-representative of all customers. Some may experience worse results than those which provided their testimonials.
14. Termination. We may terminate this Agreement without notice, with immediate effect if you
breach our terms;
fail to make due payments; or
engage in fraudulent or illegal activities.
Upon termination of this Agreement, you shall be liable to pay to us any outstanding fees immediately. We shall not be responsible for any damage or loss suffered by the termination of this Agreement. As indicated, no refund will be provided for the unused portion of the Course.
15. Intellectual property. All intellectual property rights connected to the course and its content are the sole property of Bellagi Beauty or are used under appropriate licenses or permissions. Nothing in this Agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party. You may not, without Bellagi’s written permission, use the services or materials herein gained to train or educate your own personnel, create its own training material, record, copy or reduce to tangible media any part of the materials or property of Bellagi Beauty, publicly display materials or any part thereof.
16. Non-competition. Without prejudice to the confidentiality obligation, the Customer understands and agrees that by purchasing the services under this Agreement it will not create its own course, webinar, instruction manual or other content that is substantially similar to the services other than for your own personal and private use.
17. Non-disparagement. The Customer agrees that it will not, in public or in private, make any false, disparaging, derogatory, or defamatory statement, online or otherwise, to any person or entity including but not limited to any media outlet, industry group, financial institution or current or former clients, regarding this Agreement or services, Bellagi, or our affairs, business prospects, or financial condition. The Customer further understands and agrees that it will not make any negative statement or review about the services or Bellagi Beauty and our business, even if such statements or reviews are true at the time of their making, prior to providing us with a reasonable option to resolve or amend the cause for the negative statement or review.
18. Exposure to claims and legal costs. You agree that the breach of this Agreement may expose yourself to civil and/or criminal liability and possible legal action by Bellagi Beauty. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against you, we shall be entitled to recover reasonable attorneys' fees, costs and disbursements in addition to any other relief to which we may be entitled to.
19. Force Majeure: In case of force majeure preventing or hindering the Parties in their performance of the Agreement, the party affected may give written notice to the other containing reasonable particulars of the force majeure in question and the effect of such force majeure as it relates to the obligations of the affected party hereunder and such force majeure shall not constitute a default hereunder, provided that the party affected by the delay makes reasonable efforts to correct the reason for such delay. Such notice shall entitle the affected party to temporarily suspend its performance of obligations insofar as is reasonably necessary. For the purpose of this agreement, “force majeure” shall mean any of the following events beyond the control of the parties:
lightening, storms, earthquakes, landslides, floods, snowstorms, ice-storms, washouts and other acts of God;
substantial or material fires, explosions, breakage of or accidents to plant, machinery, equipment and storage of the Parties;
strikes, lockouts or other industrial disturbances;
civil disturbances, sabotage, war, blockades, insurrections, vandalism, riots, epidemics, pandemics (as defined by the World Health Organization) or quarantine restrictions;
any other material event that could reasonably be considered to be force majeure by reason that it is beyond the control of the party affected;
but shall not include the inability of either party to obtain financing or any other financial inability on the part of either party.
20. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original and all of which taken together form one single document.
21. Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
22. Further exclusions. The United Nations Convention of Contracts for the International Sale of Goods does not apply to this Agreement.
23. Photographs. For the purpose of documentation, we will be taking pictures of the procedures and student’s work. These pictures will become the property of Bellagi Beauty and may be used for advertising, promotional or educational purposes. Also photos must mandatorily be taken for insurance purposes and to document the progress.
24. Construction of terms. The parties have each participated in settling the terms of this agreement. Any rule of legal interpretation to the effect that any ambiguity is to be resolved against the drafting party will not apply in interpreting this agreement.
25. Entire Agreement. This agreement contains all the terms agreed to by the parties relating to its subject matter. It replaces all previous discussions, understandings, and agreements.
26. Amendment. This agreement may only be amended by a written document signed by both parties.
27. Assignment. The Parties may not assign this agreement or any of its rights or obligations under this agreement without each other’s prior written consent.
28. Interpretation. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
29. No Trial by Jury. The parties waive their respective rights to a trial by jury related to or arising out of this Agreement brought by any party.
30. Arbitration. In the event of any dispute the parties must undergo arbitration at an arbitral body of the parties’ selection. If a forum cannot be selected by agreement, an application may be made to a court of competent jurisdiction to choose one for the parties, which costs will be paid by the applicant.
31. No waiver. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
32. Governing Law. This Agreement will be governed by the laws of the Province of British Columbia and the federal laws of Canada.
I certify that I have read, and fully understand Bellagi Beauty Service Agreement above and I agree to our terms and conditions.