Terms and Conditions
(1) COMPANY’S SERVICES. Upon receipt of advance deposit from the Client, the Company agrees to render services related to education, seminar, and/or training (the “Program”). The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein.
(2) COMPENSATION. Client agrees to compensate Company and pay the amount 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, courses will only be delivered using supplies selected by Blush Clinical, and agreement to train using those supplies is an express pre-condition to receiving the education.
(3) PAYMENT TERMS. Parties agree that the services to be rendered are in the nature of training and education. Client has independently evaluated its ability to pay the Fee with Client’s independent consultants, in light of Client’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, Client shall be responsible for the full extent of the Fee, regardless of whether Client completes the full extent of services offered by Company. Company shall not be obligated to invoice Client for payments. Company will provide Client with payment receipts that will be sent via email to the email address of record. Client’s acceptance of this agreement comprises Client’s authorization for all charges set forth in this Agreement on the dates set forth herein. In the event that Client terminates services prior to the completion of the services, Client 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 Client fails to complete payments on time for a product or service purchased at a promotional, early-bird, or bundled price that has expired, Client becomes responsible for the entire full and regular price of the product and/or tuition.
4) CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with Credit Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit-Card(s) for any unpaid charges on the dates pertaining to their agreement. If client uses a multiple-payment plan to ake payments to Company, 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 Client uses a payment card that is not in the Client’s name, Client is fully responsible for the payment due in the case the cardholder revokes authorization or pursues a chargeback. Client is responsible for reimbursing the Company 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 Client’s name. Client is responsible for updating their payment method prior to any due payments if their payment method on file is no longer valid. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and an additional collection fee of 50% of the amount charged back. Client shall not change any of the credit card information provided to Company without notifying Company in advance. If Client pursues a chargeback on a course or product that was purchased on a promotional, early-bird, or bundled price that has expired at the time the chargeback is initiated, Client becomes responsible to reimburse the Company for the full current and regular price of the product and/or tuition.
(5) NO RESALE OF SERVICES PERMITTED. Client 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 transferrable or assignable without the Company’s prior written consent.
(6) NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
(7) LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Program, Client releases Company, 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. Client accepts any and all risks, foreseeable or unforeseeable, arising from these transaction(s). Client agrees that 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 Company’s services or enrollment in the Program. Client agrees that use of Company’s services and enrollment in this Program is at Client’s own risk.
(8) DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that Company cannot control Client and/or Client’s participation. Client commits to accepting assignments/exercises/sessions presented by Company and, to the extent that assignments/exercises/sessions require group participation, participating fully for the benefit of all members. If client is unwilling/unable to participate in exercises/assignments/sessions, the contract is terminable at Company’s option without recourse or refund of any kind. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Client accepts that, because of the nature of Company’s services and extent of clients’ participation in Company’s exercise(s)/recommendation(s), the results experienced by clients significantly vary. Client’s accepts responsibility for such variance. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.
(9) COURSE RULES. To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and colleagues. To the extent that Client attends Company’s seminars/workshops, Client shall not mass-distribute marketing materials to or mass-solicit other attendees of Company’s seminars. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client 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 Client 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 Client and terminate providing further services and products to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services/programs or access to products and current Program will be suspended until payment is resumed and current on payments. Client is allowed to be suspended for only two consecutive months before forfeiting their account. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee and Company 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 Company or Client can had rightfully in its possession prior to disclosure by the disclosing party; (c) the Company or Client rightfully obtains from a third party. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. To the extent that interacts with other clients, Client agrees information received by Client about other clients 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 here in 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 Client agrees that any public communications intending damage to the Company’s reputation will be billed at $250.00 per day, even if the client should choose to remove the comments at a later date. The Company reserves the right to pursue this compensation through its collection processes, engage an I.P address unmasking service to reveal the nature of such disparagement, and publish a public defence to such disparagement using the client’s full name, region, and business name if applicable.
(13) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, 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 Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. 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.
(14) CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, 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 Province of Alberta 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 Province of Alberta, which arbitration shall be binding upon the parties and their successors in interest. The Client agrees to reimburse the Company for all legal fees 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. Only an instrument in writing duly executed by both parties may modify this Agreement.
(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 signature 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 an Company, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.
(20) NON-COMPETITION Client agrees that after the date of training set out in this agreement, the Client 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 a similar training business within the country of Canada or United States. Client agrees they are not here as part of another existing training company, or with the intention to form a competing company, or to perform research or access trade secrets. If this portion of the agreement is required to be enforced, Client agrees to reimburse all legal fees to the Company in order to enforce the provisions of this Agreement. The Company and the Client 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, or checking of a digital check box shall constitute a legal and binding instrument.
(21) MEDIA RELEASE Client hereby releases their image, likeness, and voice for use in any marketing, promotional, or creative work Company wishes to use it for. Client 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. Client consents their name, image, likeness and voice in connection with the distribution and promotion of Blush Clinical. Client expressly releases the Company 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.
(23) MODELS Client is responsible for booking the requested number of models in order to gain the maximum benefit of the training course. Blush Clinical has no capability or responsibility to book and arrange models for students using Company time and resources. (E.g. 3 models per student for each class of 10 students equals 30 models per class). Client hereby agrees that if they do not have the requested number of models, or their booked model does not show up, they will complete their practicum training on a “practice skin” or observe another student completing a treatment during that time. Since models are easily booked through external sites like social media, kijiji, craigslist, etc, no special provisions of recruiting models will be made for students who come from out of town and don’t wish to put forth the effort required to book models.
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 an Company, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT which includes the REFUND POLICY.