By purchasing courses, services and other products or memberships from National Permanent Makeup Academy or NPMUA or any other property held by the Company, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
INTRODUCTION: By continuing to use Company’s business Memberships/Products/Courses/Coaching/Permanent Makeup Services and/or Consulting Services (defined below), you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time in its sole discretion. Please read these Terms and Conditions carefully. As a Client, Customer or Student you agree to be bound by these Terms and Conditions, both for current and for any additional services for which you may contract with Company, including all payment terms (collectively, the Agreement). In this Agreement, “you” and “your” refers to the Client, Customer or Student.
You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Coaching and/or Consulting Services mentioned, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another Client.
TERM, PAYMENT & MODIFICATION: For recurring coaching, online membership or consulting services- The term of this Agreement shall begin and become effective as of the sign-up date, which coincides with initial payment. The term shall continue as follows unless otherwise mutually agreed upon in writing. This Agreement shall be in effect through the term or length of course or until services are considered rendered or completed. This means a service was provided or course was completed by Student.
Any and all “one-time” purchases (Strategy Sessions, Events, In-Person Consulting, Permanent Makeup Procedure) shall not be tied to any other services or subject to this Agreement unless otherwise specified by the Client & National Permanent Makeup Academy.
Permanent makeup service appointment scheduling: Cancelations and rescheduling must be done at least 48 hours prior to the appointment throught the on line booking system by the client. If a client reschedules at least 48 hours prior to scheduled appointment, their deposit will apply to new appointment. No cancelations or rescheduling can be done by phone, email, text or through social media messages. No shows will result in a cancelation fee of 50% of procedure cost minus deposits already paid.
The Client agrees to pay to Company all applicable charges to its account in United States dollars, in accordance with the payment terms and conditions and/or payment plan mutually agreed upon, including, if any, all applicable taxes. If any mutually agreed upon payment terms of additional services requested by you are different than the terms set forth in these Terms and Conditions, the payment terms for the additional services shall apply to those services. Client agrees that any setup fee (or similar one-time payment depending on the service selected by Client) is nonrefundable as it is applied to costs immediately incurred by Company in initiating services.
Client understands and agrees that the Courses, Coaching, Online Membership and/or Consulting Services are billed in advance. In addition, if Client has elected to pay Company by credit card, Client agrees to authorize Company to charge its credit card in advance for such payments and for any amounts owed under this Agreement.
In the event collection proves necessary, the Client agrees to pay all fees (including all attorneys’ fees and court costs) incurred by that process.
You understand that Company may modify its standard terms and conditions and service offerings from time to time and that National Permanent Makeup Academy reserves the right to adjust the pricing of such services. Following the fulfillment of initial contract terms, Clients in month-to-month contracts may be subject to revised terms and conditions and/or pricing.
There are no refunds on any deposit, course, certification, product or service at any time or under any circumstance.
METHOD OF PAYMENT: Client must set up direct withdrawal from a valid, sufficiently funded bank account, provide a valid credit card with sufficient credit, or maintain a deposit with Company that Company can bill for all contracted Services. Payment plans if selected must be paid per the individual payment plan agreement.
REFUNDS FOR PHYSICAL PRODUCTS: All orders of physical products are not refundable. Kits cannot be returned.
SERVICES PROVIDED: Courses- Coaching and /or Consulting Services and online education are the process by which Company will help you improve your tattoo career via proprietary systems, education frameworks and advice. Though Company cannot guarantee specific results, we proactively seek to provide high quality advice and systems that maximize the Client’s return on effort exerted, advertising expenditure, and other factors as discussed in the Product, Course, or Coaching. Clients who purchase permanent makeup services or educational services receive service by licensed experienced professionals. The company does not guarantee specific results as permanent makeup tattoo application is more of a art than a science.
OWNERSHIP OF NON-CLIENT PROPERTY: Title and full ownership rights in and to the Coaching and Consulting frameworks, strategies and systems, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to Company’s operation of the Company network and website(s) (collectively, the “Company Materials”), shall remain at all times solely with Company and/or with the respective outsourced service provider or author. Client acknowledges that it has not acquired any ownership interest in the Company Materials and will not acquire any ownership interest in the Company Materials by reason of this Agreement.
NO LICENSE: Nothing contained in this Agreement or use of Coaching and/or Consulting Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
CONFIDENTIAL INFORMATION: All information disclosed by Company to Client shall be deemed Confidential Information, regardless of whether marked or identified as “CONFIDENTIAL” or “PROPRIETARY.” Notwithstanding anything to the contrary, Confidential Information shall also include, and the provisions of this Agreement shall apply to any other information in oral, written, graphic or electronic form which, given the circumstances surrounding such disclosure to or learning by Client, would be considered confidential.
9.1 “Confidential Information” means any non-public, oral, written graphic or machine-readable information, including but not limited to, that which relates to patents, patent applications, trade secrets, research, product plans, products, developments, inventions, processes, designs, drawings engineering, formulae, markets, market research, market plans, software (including source and object code), hardware configuration, computer programs, algorithms, regulatory information, business plans, pricing, agreements with third parties, services, customers, marketing or finances of the Company or one of its subsidiaries or affiliates.
RESTRICTIONS: Client shall not in any way: (i) disclose or otherwise transfer Confidential Information to any third party at any time, including consultants, except as approved by Company in writing in advance; (ii) use (except as specifically permitted in writing by Company), copy. Modify and/or transfer the Confidential Information and/or merge the Confidential Information with any other technology, formula or materials; (iii) to the maximum extent permitted by applicable law reverse engineer any of the Confidential Information; and/or (iv) disclose the parties’ discussions about the Confidential Information. Client agrees that it will disclose the Confidential Information only to its employees who have a specific need to know regarding the Coaching and/Consulting Services and only to the extent necessary for such purpose.
YOUR SITE: You hereby acknowledge that Company is not responsible for the maintenance of your website(s); nor is Company responsible for order entry, payment processing, shipping, cancellations, returns or customer service concerning orders placed on your website(s). You further acknowledge that your site does not contain any Company owned or licensed content, including but not limited to any Company search listings, except pursuant to a separate signed affiliate agreement with National Permanent Makeup Academy.
CLIENT REPRESENTATIONS AND WARRANTIES: Client represents and warrants to Company that for the term of this Agreement, this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; Client is the authorized owner or representative of the website(s) for which Coaching and Consulting Services will be performed; and Client’s website will not violate any applicable law or regulation; does not infringe upon in any manner any third party rights, including but without limitation to copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
TECHNICAL ISSUES: Company site will be updating, improving and modifying site on a regular basis. Site may have minor bugs or glitches. Occasional technical problems do occure. If a site outage or update causes Client to loose access to Course for more than 24 hours, Company will extent Clients Course time for each day the the site was down.
CLIENT COVENANTS: Client further agrees to perform as follows:
13. Client will not hold Company or its affiliates liable or responsible for the activities of visitors who come to Client’s website(s) or businesses through Coaching and Consulting Services or programs.
If Client sells or promotes adult materials, alcohol or tobacco products, or other age restricted products and/or services, Client will: (i) have age verification on its sites’ home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted.
CLIENT INDEMNIFICATION OBLIGATIONS: Client agrees to indemnify, defend, and hold harmless Company, its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Courses, Permanent makeup services, Coaching and Consulting Services performed on behalf of Client, Client’s website(s) or contents therein, Client’s conduct, acts or omissions, or any alleged or proven breach by Client of any term, condition, agreement, representation, or warranty herein, excluding any Claim that arises solely from the acts or omissions of Company or its agents or employees. Company will notify Client of any claim, action, or demand for which indemnity is required in the reasonable opinion of Company and will cooperate reasonably with Client at Client’s expense. At the election of Company, Client shall advance to Company amounts in satisfaction of such Claim, which Company may hold in escrow pending resolution of such Claim. The law firm Client chooses to defend Company must be experienced in defending similar claims and will be subject to Company’s approval, which will not be unreasonably withheld. Client may not settle any lawsuit or matter relating to the culpability or liability of Company without the prior written consent of Company. Company will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, Company shall have the right to set off any liability of Client to Company with respect to a Claim against any amounts held on deposit with Company by Client.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: Company makes no representations or warranties relating to the results of Course Certification, Coaching and Consulting Services or Products, including, without limitation, landing a career as a professional artist, getting accepted as an apprentice anywhere, or every making an income from their art skills. As Company relies on third parties for certain data, Company makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. Company makes no guarantees or warranties relating to permanent makeup healed results, fade time length or color stability.
In no event shall Company be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
SUCCESSORS AND ASSIGNS: Subject to the limitations set forth herein on assignment of this Agreement or the rights hereunder by Client, all of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
CHOICE OF LAW; EXCLUSIVE VENUE: This Agreement shall be construed in accordance with the laws of the state of Hawaii, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court of competent jurisdiction in Honolulu, State of Hawaii.
HEADINGS: Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
WAIVER: Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any other breach of default of this Agreement.
ENTIRE UNDERSTANDING: This document and any exhibit, schedule, or other supplementary document attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
ATTORNEYS’ FEES: In the event a dispute arises between the parties hereto, then the prevailing party in such dispute, whether or not a final decision is ultimately rendered by the court, shall be entitled to receive its attorneys’ fees reimbursed from the non-prevailing party.
NO THIRD PARTY BENEFICIARIES: The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the parties or their respective successors or permitted assigns.
SURVIVAL: The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.
EXECUTION: This agreement is executable upon successful payment from Client. By purchasing coaching and/or consulting services or products from Company or any other property held by Company, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply.