Thank you for choosing Lash Masters Academy!

By purchasing and/or using Lash Masters Academy® Products and Services, you agree to this Merchandise Agreement/Terms and Conditions. Please read them carefully. This Merchandise Agreement/Terms and Conditions cover the following:

   (1) Use of Merchandise;

   (2) Training and Certification;

   (3) Intellectual Property, Confidentiality and Non-Compete Terms;

   (4) Limitation of Liability;

   (5) General Provisions for the Agreement; and Addendum A: Use of Marketing Program.

Lash Masters Academy® reserves the right to modify these terms and conditions at any time.

This document comprises a legal agreement (the "Merchandise Agreement") between Lash Masters Academy® ("us", "our", or "Lash Masters Academy") and any customer of Lash Masters Academy ("you", "your", or "Customer").

This Merchandise Agreement must be read, signed or electronically consented to by you in order to receive the Lash Masters Academy merchandise you are purchasing herewith (the "Merchandise") and before participation in any Lash Masters Academy training course.

Additionally, in order to minimize the risk of the unauthorized use of your credit card, it will be requested by Lash Masters Academy that you submit a Credit Card Authorization Form when certain conditions apply, including, but not limited to, situations such as: (1) when the shipping address is different from the billing address; (2) when the name and identity of the student taking the Lash Masters Academy® training class is different from that of the credit card holder paying for Lash Masters Academy products and services; (3) for new international orders; or (4) for large, rush orders.

As it is the policy for Lash Masters Academy to allow use of the Merchandise to only licensed and/or certified professionals within the beauty, medical or dental industries, please fax back this Merchandise Agreement along with a copy of your license or industry credentials to 1(844) 322-9882. For online purchases, please fax a copy of your license or industry credentials to 1(844) 322-9882 once you have consented to our online Merchandise Agreement, if you have not already signed a paper copy.

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Pricing for classes is for customers offering the eyelash extension service in North America. Any orders placed by individuals intending to provide the service or do business outside of North America using Lash Masters Academy products (the “Merchandise”), methods (the “System”), or marketing and training materials, trade name, logo and copyrighted material (the “Brand”) are subject to approval by Lash Masters Academy.

For questions, please call us at 1(844) 322-9882, Monday-Friday 9:00 AM-5:00 PM (Eastern Standard Time).

 

(1) USE OF MERCHANDISE

 Please thoroughly review the following in regards to your purchase of Merchandise. This section covers discontinuation of Merchandise, risk of loss with shipment, product descriptions, returns and exchanges and liability that Lash Masters Academy has with the Merchandise it sells.

RIGHT TO DISCONTINUE AND SUBSTITUTE MERCHANDISE Lash Masters Academy reserves the right to discontinue and substitute any product contained in our kits or within our product line without prior notification.

RISK OF LOSS All items purchased from Lash Masters Academy are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS Lash Masters Academy attempts to be as accurate as possible. However, Lash Masters Academy does not warrant that product descriptions or other content of any Lash Masters Academy Service is accurate, complete, reliable, current or error-free. If a product offered by Lash Masters Academy itself is not as described, your sole remedy is to return it in unused condition.

RETURNS/EXCHANGES For hygienic and quality control reasons, only unopened and sealed product (excluding adhesives) returned with a Return Authorization Number (RA#) within twenty-one (21) days of receipt will be accepted for a refund of the price you paid less a twenty-five percent (25%) restocking fee and shipping charges.

Adhesive Purchases Lash Masters Academy is proud to provide the most reliable, quality adhesives available. Should you receive adhesive that does not appear to be performing to your expectations, please contact our office immediately and within twenty-one (21) days of receipt for assistance.

As there are several factors that affect how long lash extensions appear to adhere or "last," Lash Masters Academy will consult with you to determine what factors may be contributing to your observations. Returns and exchanges will not be considered except for claim of defect when we are contacted within twenty-one (21) days of receipt of adhesive(s). When purchasing Lash Masters Academy adhesives, you acknowledge that the adhesive's performance may be compromised in shipment due to over exposure to extreme weather conditions/ temperature and it is Lash Masters Academy policy to ship adhesives in protective packaging Monday-Thursday to avoid accidental over exposure. Should you have reason to believe your product to be defective you may be entitled to receive a refund or exchange at the sole discretion of Lash Masters Academy.

Kit Purchases Only unopened and sealed items contained within a Kit will be considered for a return if all items are returned within twenty-one (21) days of receipt AND prior to your scheduled training course date. If a Kit is returned within twenty-one (21) days of purchase AND prior to your scheduled training course date, then the refund will be calculated by subtracting the following from the original Kit price paid: (1) the restocking fee of twenty-five percent (25%) of the total Kit price; (2) the retail value of used, unsealed or missing items, including without limitation, any adhesive, any containers of lashes, any marketing and instructional materials; and (3) the shipping charge.

Returns must be shipped back at your cost and enclosed with: (1) a Return Authorization Number on the outside of the return packaging (2) written request with your information; (3) a reason for the return; and 4) a list of any items missing, damaged, and/or opened/unsealed. Failure to follow the steps outlined here may result in your request not being processed.

Return shipments must be addressed to:
Lash Masters Academy,

3028 E Commercial Blvd,

Fort Lauderdale FL, 33308

Once received, please allow for up to fourteen (14) days for return processing.

Please see the Force Majeure clause in Section 5 of this Agreement for further details on our policies and their limitations.

FOR PROFESSIONAL USE ONLY Lash Masters Academy Merchandise and training materials are only for use in accordance with the laws of your state: (1) by schools that hire Lash Masters Academy to provide training services at their schools, for purchase and use by students at the schools in a Lash Masters Academy training course; (2) by any student for use in a Lash Masters Academy training course to become certified by Lash Masters Academy (as a "Certified Lash Masters Academy Specialist") in the Lash Masters Academy eyelash extension technique (the "System"); (3) by approved beauty professionals; and (4) by Certified Lash Masters Academy Specialists in "Good Standing" (as defined below) in performing the System on members of the public. The above shall constitute the "Allowed Uses" of the Merchandise.

The Merchandise is not intended, nor should it be used at any time, for self-application.

LICENSES State licensing requirements for the application of lash extensions vary, so it is incumbent upon you to research the requirements for your state, and comply with any laws and requirements concerning the application of any lash extension products.

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Whereas certain states do not require a license to practice certain beauty or body treatment disciplines (such as permanent make-up artistry), Lash Masters Academy may require that such individuals provide proof of formal certificate training or acceptable credentials within the beauty, medical or dental fields as a prerequisite to any Lash Masters Academy training and/or certification. If requested, you hereby agree to submit a copy of your professional license and/or certificate to Lash Masters Academy at the time of purchase of any Merchandise to fax number 1(844) 322-9882. You further agree to present the professional license and photo ID, as applicable, if requested by a Lash Masters Academy trainer at your scheduled training location.

CLIENT IN-TAKE/CONSENT FORM USE REQUIREMENT As a condition of your acceptance of the Merchandise, you agree that you will not perform the System on any person (including removing any eyelash extensions already worn by any individual) without first having such person sign and date a standard Lash Masters Academy Client In-Take/Consent Form whereby the client is made aware of the risks of the procedure, consents to the procedure, and the use of before and after photographs of his/her eyes.

ACKNOWLEDGEMENT OF RISKS You recognize that the System of applying eyelash extensions can never be 100% safe. Accidental injury to the eye or the premature loss of an individual's natural eyelashes may occur. Appropriate precautions must be taken to safeguard the well-being of your future clients. You agree to perform the System in a safe manner and to take all measures of precaution such as, but not limited to: (1) The proper bonding of one weight appropriate eyelash extension to the base of the natural eyelash; (2) requiring that contact lenses be removed for any given part of the procedure; (3) completely covering the lower lashes on those individuals for whom you perform eyelash extensions to protect the lower lashes from bonding to the upper lashes; (4) covering and protecting the upper eyelids so that they remain closed for the duration of the procedure; (5) thoroughly consulting with the client to identify contraindications and ensure client is a good candidate for the System; (6) receive the client's signed informed consent; (7) using the eye irrigation solution for each client upon removal of any eyelash extensions; and as necessary (8) providing an aseptic procedure. As a condition of your use of the Merchandise, you acknowledge and accept the inherent risks associated with applying eyelash extensions and agree to comply with the Lash Masters Academy® safety standards herein.

GOOD STANDING REQUIREMENT If you remain in Good Standing (as set forth herein), you will be able to use the Merchandise for the Allowed Uses. To be clear, if you cease at any time for any reason to remain in Good Standing (as defined below), any use of the Merchandise, the Intellectual Property (defined below), and/or the Marketing Program (defined in Addendum A) shall be a material breach of this Agreement. You will be considered in "Good Standing" so long as you comply with all the terms and obligations set out in this Merchandise Agreement and any other agreement you enter into with Lash Masters Academy.

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Without limiting the generality of the foregoing, to help ensure the value of your certification, for client safety, and to protect the reputation of the "Brand" (defined as the consumer experience known as Lash Masters Academy and the name, trademarks, service marks, trade dress, logo, slogan, and products of Lash Masters Academy), you shall not have Good Standing status if you at any time:

(1) Provide substandard applications of eyelash extensions;
(2) Apply lash extensions or the removal of lash extension in a manner that is perceived to be unsafe;
(3) Offer to perform the System at substantially substandard prices for the market area (without limiting the generality of the foregoing, the fair market charge for the System in most cities should be no less than $125 per hour);
(4) Violate any duty of confidentiality owed to Lash Masters Academy under any existing or future agreements;
(5) Attempt to train another individual on the System without being certified as a trainer by Lash Masters Academy;
(6) Do anything that would compromise client safety or the reputation of the Brand;
(7) Fail to comply with the requirements for using the "Marketing Program" (defined in Addendum A);
(8) Fail to use the "Products and Services" (defined as the goods and services sold, made, and/or distributed by Lash Masters Academy under the Brand, including, but not limited to the Merchandise and the System.) exclusively; or
(9) Fail to remain "Active" by not regularly performing the service to maintain your skill set with the purchase of Lash Masters Academy core products (noting that the shelf life of the Products and Services is approximately ninety (90) days). Without limitation, you shall not have Active status if additional Products and Services are not reordered every 90 (ninety) to 120 (one hundred twenty) days from the last order of the Products and Services. This requirement can easily be satisfied by purchasing Lash Masters Academy adhesives and eyelash extensions, a critical part of the Lash Masters Academy system. Merchandise reorder requirements are based on the amount of Lash Masters Academy product used by a Customer performing between 5 and 8 hours of lash extension applications per week.

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Lash Masters Academy reserves the right within its sole discretion to address its concerns and gain or regain your compliance, either through verbal agreement, written agreement, or re-testing.

If you are unable or unwilling to comply, Lash Masters Academy reserves the right to decertify (no longer recognize its certificate as valid) and/or prohibit your use of any Lash Masters Academy Products and Services, including your use of the Marketing Program (defined in Addendum A), if applicable. Lash Masters Academy also reserves the right to seek legal remedy for any material breach of this agreement.

 

(2) TRAINING AND CERTIFICATION

 

CONDITIONS FOR CERTIFICATION / RIGHT TO DECERTIFY AND PROHIBIT BUYER'S USE Our motivation for requiring certification is that we desire for our customers to be successful with our products. For general public safety, and to protect the reputation of the Brand, Lash Masters Academy does not guaranty certification and maintains the right to "decertify," or no longer recognize a certificate as being valid. Lash Masters Academy may prohibit use of its products, brand, logo, marketing materials, images, all forms of training materials and intellectual property by those individuals that Lash Masters Academy determines may cause harm to either individuals or the Brand. It is the sole responsibility of the student to meet any and all requirements to perform the procedure safely and to gain and develop your own competence and skill. Attendance alone at a Lash Masters Academy® training does not guarantee certification.

To earn and maintain your certification with Lash Masters Academy, you must:

(1) Purchase a Lash Masters Academy kit prior to receiving your certification (or the equivalent of the cost of a kit in retail value for Lash Masters Academy® Adhesive, Remover and Lash Extensions); (2) Provide proof of a professional license, formal training, or credentials within the beauty, medical or dental industry; (3) Be able to demonstrate to a certified Lash Masters Academy® instructor that you grasp the key concepts; (4) Be able to demonstrate to a certified Lash Masters Academy instructor that you can perform the technique safely; and (5) Maintain the Lash Masters Academy® Standard and Good Standing requirements (defined above).

At our sole discretion, you may be invited to attend additional training (at no additional training fee) to make up for any deficiency in the above requirements for certification.

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All training classes are taught in English. No interpreters or associates are permitted to attend classes unless approved by Lash Masters Academy®. If you would like to have an interpreter or associate attend a class, please contact our office at 1(844) 322-9882 for approval. All approved associates or interpreters must sign a confidentiality agreement, and an Observation Fee of $350 may apply. 

RESCHEDULING OR CANCELLING TRAINING Lash Masters Academy endeavors to provide you with the best training experience. Doing so requires advance planning and expenditures. Therefore, full refunds on training fees or deposits will not be given after the order is processed. 

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If you choose to re-schedule your class, you have up to one (1) year from your original class date to pay the applicable administrative fee and take your training. A non-refundable administrative fee applies to all re-scheduling requests as follows:

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If written notice of intent to reschedule is received fourteen (14) business days or greater before the scheduled class, the non-refundable administrative fee to reschedule will be:

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1. $250.00 for the Basic Certification Course

2. $350.00 for both the Basic Certification Course (Day One) and the Advanced Comprehension Course (Day Two)

3. $150.00 for the Advanced Comprehension Course only

4. If written notice of intent to reschedule is received thirteen (13) business days to four (4) business days before the scheduled class, the non-refundable administrative fee to reschedule will be:

5. $450.00 for the Basic Certification Course

6. $550.00 for both the Basic Certification Course (Day One) and the Advanced Comprehension Course (Day Two)

7. $250.00 for the Advanced Comprehension Course only

8. If written notice of intent to reschedule is received three (3) business days or less before the scheduled class, or you fail to attend a scheduled class without notice, rescheduling will require full payment for an additional training course.

9. If you are rescheduling due to illness, such as emergency surgery or hospitalization, or a death in your immediate family (spouse, parents, children, siblings), a $75 administrative fee will apply when proper documentation providing evidence to the event is provided.

10. If, and only if, you are rescheduling due to severe weather conditions in which local or state authorities declare roads to be unsafe for travel shall an administrative fee be waived.

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If you choose to cancel your class, instead of rescheduling, you must provide written notice of your cancellation more than fourteen (14) days prior to your scheduled class. A $350 cancellation fee will be applied to any cancellations. Refunds will not be granted for cancellation requests made within fourteen (14) days of your scheduled class. 

If Lash Masters Academy, by their own action or due to circumstances beyond the control of Lash Masters Academy has to cancel and reschedule a class, you may elect to do one of the following:

• Request a full refund of training fees submitted in writing within seven (7) business days of the cancelled training date. Such a refund only applies to training program fees, not to other fees or expenses registered participants may have incurred or may incur due to the cancellation, including but not limited to travel and lodging expenses, or currency exchange loss.

• If you elect to return your kit, you will be responsible for shipping fees and for ensuring the kit is returned in un-opened condition. Please contact Lash Masters Academy® customer service (LashMasterMiami@gmail.com) within seven (7) business days of the cancelled training for a Return Authorization Number and ship to: Attn: Customer Service, 5300 NE 24th Terr, Suite 422, FORT LAUDERDALE FL, 33308

OR

Apply the monies paid for the cancelled training to a future training occurring within twelve (12) months of the cancelled training date. Lash Masters Academy® will attempt to reschedule you to the next available training date. If you do not apply the training fee to another class within the twelve (12) months, the training fee will be forfeited.

 

1. If you choose to attend a rescheduled class, you forgo your right to any refund under this Section.

2. Classes maybe rescheduled only once without an additional fee. Rescheduling a second time will require immediate full payment of the fee for an additional training.

Please see the Force Majeure clause in Section 5 of this Agreement for further details on our policies and their limitations.

TRAINING FORFEITURE In the unlikely event that you: (1) exhibit disruptive classroom behavior or (2) use recording devices, such as audio, video or still photos in any manner, Lash Masters Academy® reserves the right to refuse training to you, to require that you remove yourself from the class, and to require that you forfeit any rights to any refunds on the class, training, or the Merchandise purchased. All deposits, payments and/or product credits will be considered forfeited to the benefit of Lash Masters Academy®.

Cell phones must be turned off from the start of class and up until the designated time of arrival for your model(s). VIDEO, AUDIO OR ANY OTHER TYPE OF RECORDING OF CLASS CONTENT IS EXPRESSLY PROHIBITED AND INDIVIDUALS IN VIOLATION WILL FIND THEMSELVES SUBJECT TO LEGAL ACTION.

ADDITIONAL BASIC TRAINING REVIEW CLASS AT NO ADDITIONAL TRAINING CHARGE After attending a training course, students who have purchased a Lash Masters Academy® kit or (or its equivalent in retail value for Lash Masters Academy® Adhesive, Remover and Lash Extensions) are welcome to attend one (1) additional scheduled workshop class on "Lash Extension Basic Technique and Safety" at no additional training charge within six (6) months of the initial class. This six (6) month period extends exactly six months from the original training course, whether or not a class is offered in your specific geographic area. Lunch and training supplies are included with your review session. If you would like to schedule a review session, please notify our office as soon as possible to reserve your seat, as space is limited and is subject to availability. Certain restrictions to this policy apply to classes held at locations with a two-person maximum class capacity. In such cases, arrangements for your review class may be coordinated with your Lash Masters Academy® trainer, or you may be required to take the review class at an alternative location.

To schedule your review, please send your request to reviewrequests@lavishlashes.com. Please include the date and location you are requesting. You will receive a confirmation email of your reservation for your review request. You will be billed an administrative fee of $50.00 upon confirming your attendance for your Review Class. You will also be responsible to provide your own model for the application portion of the class. Lash Masters Academy® may be able to provide a model with adequate notice at a rate of $75.00.

If you are scheduled for a Review or Retest and cancel within one (1) business day, you may reschedule to an alternate month for an additional $50 administrative fee. If you fail to appear to your free Review/Retest, or require additional training, the charge for additional training and any additional requirements shall be at the sole discretion of Lash Masters Academy®.

MEDIA RELEASE You consent to the recording of your likeness and statements (photograph, film, tape or otherwise, known as "LMA Media ") and grant to Lash Masters Academy and Lash Masters Academy' assigns, licensees and successors the right to copy, reproduce and use all or a portion of LMA Media. This consent includes the right to use your physical likeness in any form, including, without limitation, a photograph, picture, artistic rendering, silhouette or other reproduction by LMA Media.

The rights granted herein include the right to use your likeness and statements in LMA Media in any marketing material, publication, recording or other medium, and includes the right to edit, delete, and/or juxtapose any part of your likeness or statement in which you appear, and/or change the sequence of events. You permit the use of all or a portion of LMA Media otherwise collected by Lash Masters Academy in all forms and media including advertising and related promotion throughout the world and in perpetuity. You grant the right to use your image and name in connection with all uses of LMA Media and waive the right to inspect or approve use of LMA Media as incorporated by Lash Masters Academy®.

You acknowledge that you have no ownership rights in LMA Media collected during Lash Masters Academy® training and events. Your performance of an eyelash extensions procedure does not grant you any rights or credits in LMA Media captured of such procedures.

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TRAINING MATERIALS Materials received as part of the Lash Masters Academy training program (the “Training Materials”) are considered confidential Intellectual Property as defined in this Agreement, and are authorized for personal use only. Lash Masters Academy prohibits the replication or public use of any Training Materials. Any replication or public use of Training Materials will be considered violation of this Agreement and subject to further legal action

 

3. INTELLECTUAL PROPERTY, CONFIDENTIALITY AND NON-COMPETE

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Lash Masters Academy takes the protection of its Intellectual Property interests very seriously.

You certify that by virtue of purchasing and/or attending any Lash Masters Academy training or buying any Lash Masters Academy product, you are not an owner, employee, independent contractor or educator of any other competitor to Lash Masters Academy that offers eyelash extension products and/or training. Should you violate these terms or conditions, then Lash Masters Academy reserves the right to pursue any and all legal and equitable remedies against you.

You may not use, alter, edit or distort the Intellectual Property (defined below) in any way or use the Intellectual Property in association with anything other than the Products and Services and only to further the Purpose in strict adherence to the Standard. Only Certified Lash Masters Academy Specialist in Good Standing are granted these limited rights to use Lash Masters Academy Intellectual Property.

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Your use of Lash Masters Academy Intellectual Property is limited to your use of the provided Marketing Program, as applicable, and the techniques so long as they are for the purpose of advancing the Lash Masters Academy Brand. Any action taken that is deemed to compete with Lash Masters Academy business or obfuscate the purpose of allowing a Certified Lash Masters Academy Specialist in Good Standing to use Lash Masters Academy Intellectual Property will be considered in violation of this Agreement and subject to further legal action.

If applicable, you may use the Marketing Materials (defined as the Brand), any advertisements (in whatever medium), and any photographic images, copy, audio and video provided to you by Lash Masters Academy for the purpose (the "Purpose") of promoting the Products and Services in a manner that strictly adheres to the standard (the "Standard") of high quality and professionalism as set forth by Lash Masters Academy.

Lash Masters Academy regularly audits its Certified Lash Masters Academy Specialist in Good Standing for their use of marketing materials and any Intellectual Property Lash Masters Academy does hold its registered trademarks and copyrights and will enforce its rights to the maximum extent the law allows.

Lash Masters Academy Intellectual Property (defined as any and all worldwide intellectual property and intellectual property rights), includes but is not limited to, any of the following: (1) rights associated with works of authorship; (2) trademarks, service marks, trade names, logos, common law trademarks and service marks, trademark and service mark registrations, Internet domain names and addresses; (3) rights to trade secrets, proprietary information, know how, reverse know how, technology, technical data, proprietary processes, formulae and materials used, customer lists and supplier lists; (4) patents, provisional patents, continuations and continuations-in-part thereof, improvements, designs and any registration and application thereof; (5) products, machines, equipment, devices, prototypes, discoveries, creations, designs of any kind, procedures, methods of doing business, processes, techniques, documents; and (6) other intellectual property rights of every kind and nature, however designated, whether arising by operation of law, contract, license or otherwise.

Confidentiality You recognize that you occupy a position of trust with respect to business information of a secret, proprietary or confidential nature that is the property of Lash Masters Academy and that has been or shall be used by or imparted to you from time to time in the course of your rendering of Services hereunder. You acknowledge and agree that such information, including, without limitation, Confidential Information constitutes important, material, and confidential trade secrets and proprietary information of Lash Masters Academy, and materially affects the successful conduct of Lash Masters Academy business and goodwill. You shall not during the Term or thereafter, except in the good faith performance of Services pursuant to this Agreement, use or disclose, directly or indirectly, any of the Confidential Information for your own benefit, or for the benefit of any third party, without the written consent of Lash Masters Academy.

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Without limiting the foregoing, you shall disclose Confidential Information to one of its employees and/or contractors only with the prior written permission of Lash Masters Academy® and only to the extent such employee and/or contractor, respectively, has previously signed and entered into a written confidentiality agreement requiring such employee and/or contractor, respectively, to keep the Confidential Information confidential with a degree of secrecy in all respects equal to or greater than the degree of secrecy required of you under this Agreement.

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Immediately upon request of Lash Masters Academy, or upon termination of the Agreement for any reason, you shall deliver to Lash Masters Academy any and all materials, including any Documents, memoranda, notes, plans, records, reports, electronic records, or other writing or recordings, and any copies thereof, relating to the Confidential Information or to Lash Masters Academy operations or business which you may then possess or have under your control. Nothing herein shall be construed as requiring you to disclose information developed or known to you prior to your engagement by Lash Masters Academy.

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The confidentiality provisions of the Agreement shall be effective as of the date you first received any Confidential Information, or the Effective Date, whichever is earlier. ALL CONFIDENTIAL INFORMATION (AND ANY OTHER INFORMATION PROVIDED TO YOU BY Lash Masters Academy IS PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. Neither party makes any representation or warranty as to the accuracy or completeness of the Confidential Information or any component thereof. The definition of Confidential Information includes any Confidential Information that was disclosed prior to the full execution and delivery of this Agreement. The obligations of this section shall continue in perpetuity beyond termination of the Agreement.

Non-Use and Non-Compete You shall not use Lash Masters Academy®' Confidential Information for any purpose except to evaluate or engage in discussions concerning the Business Opportunity and/or to effectuate potential transactions between you and Lash Masters Academy®. You shall not, without Lash Masters Academy' written consent, use Lash Masters Academy' Confidential Information to develop your own business or to compete with Lash Masters Academy, nor shall Recipient reverse engineer, disassemble, or decompile any prototypes, software, or other tangible objects that embody Lash Masters Academy' Confidential Information. You shall not directly or indirectly interfere with, circumvent or attempt to circumvent, avoid, by-pass, or obviate Lash Masters Academy' interest, or the interest or relationship between Lash Masters Academy and its providers or manufacturers, to change, increase or avoid directly or indirectly: (1) payment of established or to be established fees or commissions; (2) continuance of pre-established relationships; or (3) to obtain rights or access to technologies directly. In the event that one or several of the providers or manufacturers does not renew any existing rights or similar contracts or ceases its relationship with Lash Masters Academy®, you cannot directly contact the provider or manufacturer for a period of five (5) years from the rights lapsing or the relationship being terminated without the expressed written permission of Lash Masters Academy.

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Lash Masters Academy â reserves the right to refuse service to any person. Client represents and warrants they are not an employee of, or otherwise associated with, any existing eyelash extensions training company, and Client does not intend to form any such a competing company (“Conflicted Client”). Lash Masters Academy â may, in its sole discretion, refuse service to any such Conflicted Client. If service is refused on such a basis, a refund will NOT be granted. 

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(4) LIMITATION OF LIABILITY

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INDEMNIFICATION AND WAIVER OF LIABILITY YOU AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY LASH MASTERS ACADEMY®, ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, INDEPENDENT CONTRACTORS, TRAINERS, EMPLOYEES, SUPPLIERS AND LICENSORS (THE "Lash Masters Academy PARTIES") AGAINST ALL COSTS, DEMANDS, LIABILITIES, EXPENSES, AND LOSSES, (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) INCURRED THROUGH YOUR VIOLATION OF THESE TERMS OR INCURRED THROUGH ANY CLAIMS BY THIRD PARTIES AGAINST THE Lash Masters Academy PARTIES BASED UPON YOUR USE OR APPLICATION OF Lash Masters Academy PRODUCTS ON ANY PERSON.

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YOU ALSO AGREE THAT ANY LIABILITY OF THE Lash Masters Academy PARTIES CONCERNING THESE PRODUCTS, REGARDLESS OF THE THEORY UPON WHICH RELIEF MAY BE BASED (WHETHER CONTRACT, TORT OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT OF MONEY YOU HAVE PAID TO THE Lash Masters Academy PARTIES FOR THE SPECIFIC PRODUCT AT ISSUE, AND THAT, WITHOUT THIS RESTRICTION, THE Lash Masters Academy PARTIES WOULD REFUSE TO SELL THESE PRODUCTS TO YOU.

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IN NO EVENT WILL THE LASH MASTERS ACADEMY® PARTIES BE LIABLE FOR ANY CLAIMS, DEMANDS, DAMAGES, LIABILITIES, SUITS, ATTACHMENTS, JUDGMENTS, LOSSES, PENALTIES, FINES, SETTLEMENTS, EXPENSES, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES INCIDENT THERETO, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD BY LASH MASTERS ACADEMY.

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YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE Lash Masters Academy PARTIES FOR ALL SUCH CLAIMS AND ACTIONS IN EACH CASE NOTWITHSTANDING THE ACTUAL OR ALLEGED NEGLIGENCE (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR GROSS), STRICT OR STATUTORY, PROVIDED THAT THE LASH MASTERS ACADEMY PARTIES' LIABILITY WILL BE LIMITED TO THE PRICE OF THE PRODUCT.

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All rights and restrictions contained herein may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Merchandise Agreement illegal, invalid or unenforceable.

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(5) GENERAL PROVISIONS

 

NO AMENDMENT OR WAIVER This Merchandise Agreement may not be modified, amended, or waived in any manner except by a written instrument signed by both parties hereto. The waiver by either party of compliance with any provision of this Merchandise Agreement by the other party shall not operate or be construed as a waiver of any other provisions of this Merchandise Agreement.

ASSIGNMENT You may not assign or subcontract your respective rights under this Agreement in any way without our prior written consent. Any attempted assignment, transfer or other disposition by you shall be null, void, and of no force and effect. Lash Masters Academy may, without your consent, freely assign and/or subcontract our rights under this Agreement. This Agreement shall inure to the benefit of Lash Masters Academy and our respective permitted successors or assigns.

COUNTERPARTS/EXECUTION/HEADINGS This Merchandise Agreement may be executed in any number of counterparts, and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute a single agreement. Delivery of an executed counterpart by facsimile shall be equally as effective as personal or any other type of delivery of an executed counterpart. The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any provisions herein.

SCOPE OF AGREEMENT/SEVERABILITY This Merchandise Agreement shall bind and inure to the benefit of Lash Masters Academy and its successors and assigns, and to you and your successors. You shall not assign any of your duties or obligations under this Merchandise Agreement. Wherever possible, each provision hereof shall be interpreted in such manner as to be effective and valid under applicable law. If, in spite of the foregoing, any provision of this Merchandise Agreement shall be judged invalid, illegal, or unenforceable in any applicable jurisdiction, such provision shall be restricted or deleted in such jurisdiction only to the extent necessary to make such provision valid, legal, and enforceable in such jurisdiction. The validity, legality and enforceability of such provision in any other jurisdiction, or of any other provision of this Merchandise Agreement remains.

Force Majeure In the event that Lash Masters Academy cannot contract with you as scheduled hereunder because it becomes impracticable as a result of an Act of God, accident, fire, incapacity, labor controversy, riot, war, civil commotion, act of government, terrorism or other cause outside the control of Lash Masters Academy, Lash Masters Academy shall have the right in its sole discretion to RESCHEDULE WITH YOU AS SOON AS REASONABLY PRACTICAL after the end of such force majeure. Lash Masters Academy shall reschedule the training hereunder as soon as reasonably practicable following the date of such occurrence. In the event Lash Masters Academy is prevented from performing obligations hereunder as a result of any contingency which is beyond the control of such party (such as interruptions in Lash Masters Academy travel schedule or unforeseen unavailability of Lash Masters Academy), Lash Masters Academy reserves the right to reschedule training. In the event that a Lash Masters Academy training cannot be conducted because of a lack of minimum student attendance, Lash Masters Academy reserves the right to reschedule the training.

LIMITATION OF REMEDIES Upon any breach of this Merchandise Agreement by Lash Masters Academy®, and subject to the Governing Law/ Arbitration provision, you may bring an action at law for damages (if any), but shall not be entitled to rescind this Merchandise Agreement or to restrain in any way the production, reproduction, manufacture, distribution, public performance, public display, exhibition, advertising, merchandising, marketing, promotion sale, distribution or other exploitation of any rights granted to or vested in Lash Masters Academy® hereunder. Notwithstanding any of the above, in each and every instance, LASH MASTERS ACADEMY LIABILITY WILL BE LIMITED TO THE PRICE PAID FOR ANY MERCHANDISE.

GOVERNING LAW /ARBITRATION This Merchandise Agreement shall in all respects be governed by the laws of the State of Florida applicable to agreements executed and wholly performed within such State, without regard to any conflict of laws principles thereof. Except as explicitly provided for otherwise herein, any controversy or claim arising under or in connection with this Merchandise Agreement, or in connection with the validity, construction, performance, or purported breach of this Merchandise Agreement, or in connection with the subject matter of this Merchandise Agreement, shall be resolved by final, binding, and non-appealable arbitration conducted by a single arbitrator and administered by JAMS in the city of Boca Raton, Florida, all in accordance with JAMS Streamlined Arbitration Rules and Procedures (the "Rules"), as they may be amended and in effect at the time the arbitration is filed, regardless of the amount in dispute, and judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. To be clear, without limiting the previous sentence, the arbitration shall be commenced and the arbitrator shall be chosen in accordance with the procedures set forth in the Rules, which are incorporated herein and made a part of this Merchandise Agreement by reference. The parties agree that they will abide by and perform any award rendered in any such arbitration and that any court having jurisdiction may issue a judgment based upon the award. The prevailing party in any arbitration or any other legal proceeding shall be entitled to reimbursement of all costs of the arbitration or legal proceeding, respectively, including but not limited to filing fees and expenses, arbitrator fees and expenses, witness fees and expenses, and reasonable outside attorneys' fees and expenses. The prevailing party in any arbitration (or any other legal proceeding) shall be entitled to reimbursement from the other party of all costs of the arbitration (or other legal proceeding, respectively), including but not limited to filing fees and expenses, arbitrator fees and expenses, witness fees and expenses, and reasonable attorneys' fees and expenses. BY AGREEING TO FINAL AND BINDING ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO (A) A TRIAL BY JURY OR A JUDGE, IN A STATE OR FEDERAL COURT, (B) FINDINGS OF FACT AND USE OF THE RULES OF EVIDENCE PURSUANT TO THE FLORIDA EVIDENCE CODE OR THE FEDERAL RULES OF EVIDENCE, (C) AN APPEAL (EXCEPT ONE IN LIMITED CIRCUMSTANCES AND LIMITED IN SCOPE), AND (D) FORMAL DISCOVERY RIGHTS WHICH PARTIES TO A LAWSUIT GENERALLY HAVE. To be clear, nothing herein shall be construed to limit Lash Masters Academy right to seek equitable and/or other relief.

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ADDENDUM A

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USE OF MARKETING PROGRAM

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ELIGIBILITY

Certified Lash Masters Academy® Specialists who maintain both their Certification status (as defined in the Merchandise & Training Program Agreement/Terms & Conditions) and “Good Standing” status (as defined in the Merchandise & Training Program Agreement/Terms & Conditions) are eligible to participate in the Lash Masters Academy® Marketing Program.

 

INTENT

The intent of the program is to promote Certified Lash Masters Academy Specialists in “Good Standing.” Qualified Lash Masters Academy Specialists are promoted by this program by direct leads through the website directory of Certified Lash Masters Academy Specialists, and through the use and benefits of the Lash Masters Academy Marketing Materials (defined as the “Brand”).

 

PARTICIPATION

Participation in the Lash Masters Academy Marketing Program includes:

1. A listing in the website directory of Certified Lash Masters Academy Specialists

2. Access to purchase or order Lash Masters Academy Marketing Materials from the website or by calling 1(844) 322-9882

 

MARKETING PROGRAM FEES AND CANCELLATION

To participate in the Marketing Program, a Certified Lash Masters Academy Specialist must pay an annual marketing fee of $150.00, which is an automatic annual renewable subscription. Lash Masters Academy reserves the right to suspend without notice use of the Lash Masters Academy Marketing Program for those individuals who are unable or unwilling to remain in “Good Standing.” In such instances, no refunds are provided for any unused portion of a paid subscription. Marketing fees will not be renewed for individuals who have been suspended from the Lash Masters Academy Marketing Program.

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After the first year, specialists in “Good Standing” may cancel their Marketing Program subscription with written notice. A prorated refund will be issued within 30 days of cancellation. Refunds are processed within 7-14 business days.

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USE OF MARKETING MATERIALS

Certified Lash Masters Academy Specialists may use the Brand, any advertisements (in whatever medium), and any photographic images, copy, audio and video when approved and provided to you by Lash Masters Academy for the purpose (the “Purpose”) of promoting the Products and Services in a manner that strictly adheres to the standard (the "Standard") of high quality and professionalism as set forth by Lash Masters Academy Lash Masters Academy will provide you with the requisite marketing materials. Do not at any time take materials from Lash Masters Academy website or other sources to use as the Brand.

Lash Masters Academy regularly audits its Certified Lash Masters Academy Specialists in “Good Standing” for their use of the Brand and any intellectual property (as defined in Section 3 of this Agreement). Lash Masters Academy does hold its registered trademarks and copyrights and will enforce its rights to the maximum extent the law allows.

Any additional use of Lash Masters Academy images, text or copyrighted materials, provided to its Certified Lash Masters Academy Specialists as part of their certification is prohibited without written permission from Lash Masters Academy®. Without limiting the foregoing, any Certified Lash Masters Academy® Specialist in “Good Standing” must provide Lash Masters Academy with a copy of any intended advertisement that incorporates (wholly or in part), makes use of, or references the Brand, as well as the stated purpose of such advertisement. Specific written approval must be received from Lash Masters Academy prior to publishing, airing, or distributing such advertisement. Any use of the Brand must be in accordance with the Standard and the Purpose at all times, and must not involve any alteration, editing or distortion of the Brand whatsoever, except as explicitly approved beforehand in writing by Lash Masters Academy.