Conditions of Training Program Purchase and/or Attendance
As the Buyer and/or Training Program Registrant (hereafter known collectively as 'You'), you agree that by purchasing and/or registering for an Train of Thought LLC (hereafter referred to as 'LA Lash Academy') Training Program, you have read, understood, and agreed to these General Terms and Conditions.
It is the policy of LA Lash Academy to sell eyelash extensions application products and training programs for use by certain licensed/certified professionals in the beauty, health, medical or dental industries.
It is solely your responsibility to ensure that you are following all national or local jurisdictions' laws relating to the selling or application of eyelash extensions. It is your responsibility to research and locate your state statutes and regulations, if any, regarding the practice of eyelash extensions applications, including but not limited to, the professional license or certificate that you must have and the requirements for facilities in which you can apply eyelash extensions. LA Lash Academy provides training programs and issues certificates to licensed and credentialed beauty and health professionals to enable them to effectively use LA Lash Academy' products. An LA Lash Academy certificate indicates that an individual has met LA Lash Academy' standards for using and applying LA Lash Academy' products. LA Lash Academy does not train its clients to receive a state license or certificate, nor to receive continuing education for extending their government or state license. LA Lash Academy expects its clients to refer to their state's regulatory boards for permission to charge for eyelash extensions services. LA Lash Academy cannot be held liable for any claims that may arise from the use of its techniques, products, or services in any State, Country, or Territory.
Before each training program begins, you will be required to show your trainer a valid government issued photo ID. You agree that you must successfully pass your Master Eyelash Extension Application Course before you can apply eyelash extensions to consumers.
You agree to NOT use any recording devices, audio, still photo, or video, during the training program. Cell phones must be turned off during the training program unless you have been authorized to do so. Non-registered persons will NOT be allowed to observe or participate in any training programs.
Class Deposit If you are tardy or you do not attend your originally scheduled training program, then you will not be eligible for a refund. For reasons of emergency only you may use the class deposit on a further c;ass date upon availability and up to LA Lash Academy's discretion.
LA Lash Academy reserves the right to change these General Terms and Conditions from time to time in its discretion, for any reason or for no reason.
Safety During and After Training Programs and Indemnity for LA Lash Academy
You acknowledge, accept and agree that (a) use of products sold by LA Lash Academy must be used with great care to prevent an accidental injury, especially when performing work near an individual's eye, (b) there is danger associated with the application of eyelash extensions that may include injury to an individual's eye or eye area and (c) you will practice great care during your training program and follow all prescribed safety guidelines under the supervision of your trainer. You also certify that you will practice great care in all eyelash extensions applications that you perform after you successfully pass your training program.
You agree that LA Lash Academy cannot be held liable for any injuries that may arise from your use of misuse of products and application techniques sold or supplied by LA Lash Academy.
You understand and agree that an LA Lash Academy' Trainer may, at her or his sole discretion, dismiss you from a training program for conduct or performance that puts you or other training program attendees at risk for injury, or that otherwise interferes with the safe and/or effective administration of the training program. If you are dismissed from a training program because of conduct or performance, you will not receive a refund and you may be ineligible to retake a training program, at the sole discretion of LA Lash Academy.
You acknowledge that all LA Lash Academy training programs involve "hands-on" training regarding applying eyelash extensions to natural eyelashes using LA Lash Academy' branded products. During the training program, you will be required to apply eyelash extensions onto another student's natural eyelashes and you will have eyelash extensions applied to your natural eyelashes. If the training program is uneven and neither you nor LA Lash Academy can supply a model, you may be required to work on a mannequin head during the training program. You will not receive a full set of eyelash extensions during your selected training program. By voluntarily participating in the training program, you acknowledge and accept the risk associated with having another training program student apply eyelash extensions to you. You agree that you will not hold any of the fellow students in your training program or LA Lash Academy liable for any injuries that you may sustain because of other students applying eyelash extensions to you. If you are unable to have eyelash extensions applied due to medical reasons or other extenuating circumstances, then you must acquire approval from LA Lash Academy to provide a model. If you provide a model because you cannot have eyelash extensions applied, then your model will receive an application of eyelash extensions from the student who is partnered with you in the training program.
By voluntarily participating in a Training Program in which you are required to serve as a model, you acknowledge and accept the risk associated with having another training program student apply eyelash extensions to you. You agree that you will not hold any of the fellow students in your training program or LA Lash Academy liable for any injuries that you may sustain because of other students applying eyelash extensions to you. You will not receive a full set of eyelash extensions during student-to student application.
If a Training Program that requires student-to-student application is uneven and neither you nor LA Lash Academy can supply a model for you, then you will be required to work on a mannequin head.
You must apply eyelash extensions to a least one human model during any Certification, Academy of Lash Artistry, or Advanced Training Program to become certified. Your trainer will not evaluate applications to a mannequin head for certification.
INDEMNIFICATION: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD train of Thought LLC AND ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AGENTS, SUBSIDIARIES, AFFILIATES, TRAINERS, INDEPENDENT CONTRACTORS, CONSULTANTS, SUBCONTRACTORS, SUPPLIERS AND LICENSORS (HEREINAFTER "LA Lash Academy, ET AL") HARMLESS AGAINST ANY AND ALL CLAIMS, REQUESTS, ACCUSATIONS, ALLEGATIONS, ASSERTIONS, COMPLAINTS, PETITIONS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, GOVERNMENTAL INQUIRIES, INVESTIGATIONS, DAMAGES, LIABILITIES, ATTACHMENTS, JUDGMENTS, LOSSES, PENALTIES, FINES, SETTLEMENTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEYS' FEES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, OF ANY NATURE ARISING OUT OF OR RELATED TO REGISTRATION OR ATTENDANCE AT LA Lash Academy TRAINING PROGRAMS OR THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD OR SUPPLIED BY train of Thought LLC, ET AL., INCLUDING, BUT NOT LIMITED TO INTELLECTUAL PROPERTY OF LA Lash Academy, ET AL. THIS INDEMNITY IS INTENDED TO APPLY TO ANY THEORY OF RECOVERY INCLUDING, BUT NOT LIMITED TO, CLAIMS OF ACTUAL OR ALLEGED NEGLIGENCE BY Train of THought LLC, ET AL (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR CROSS, STRICT OR STATUTORY). NOTWITHSTANDING THE ABOVE, Train of Thought LLC LIABILITY, IF ANY, WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT.
You understand that LA Lash Academy cannot be held liable for any claims that may arise from the use of its techniques, services, or products in any State, Country, or Territory.
Certification Policies Training program attendance does not guarantee Certification. LA Lash Academy, in its sole discretion, reserves the right to determine its certification requirements, which may change at any time, without notice. You must meet all the requirements and agree to all the terms and conditions listed on LA Lash Academy' official certification application to become certified. LA Lash Academy, at its sole discretion, reserves the right to decertify you for any reason or for no reason. Reasons for decertification include, but are not limited to, violation of any part of this agreement, or if LA Lash Academy receives repeated complaints about your application techniques.
It is your sole responsibility to assimilate the skills and gain the experience required to become competent at applying eyelash extensions. The "certification of completion", the "hands on" training, and/or the marketing, business, and advertising strategies provided because of training program attendance DO NOT guarantee that you will become a successful Lash Stylist. You may need further training, practice, and/or guidance after attending your first training program to gain and maintain success as a Lash Stylist.
Use of Proprietary Materials The terms, conditions, and notices contained herein are provided to you in conjunction with the use of the website, products, and services of LA Lash Academy. These terms and conditions are applicable to you upon you accessing the website and/or completing the registration. LA Lash Academy makes no representations or warranties about the completeness or accuracy of this website content.
The LA Lash Academy website(s) is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from our website, software, videos, education and training materials, or product packaging without prior written consent from Train of Thought LLC. All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, is the copyrighted property of Train of Thought LLC. ALL RIGHTS RESERVED.
You certify that by purchasing and/or attending any LA Lash Academy training program, you are not an owner, employee, independent contractor, or educator of any competitor of LA Lash Academy that offers eyelash extensions products and/or training programs. If you violate these terms or conditions, then LA Lash Academy reserves the right to pursue all legal and equitable remedies against you.
You are expressly prohibited from using LA Lash Academy' proprietary copyrighted training program materials to train others. You are prohibited from demonstrating any of the techniques or procedural information obtained from LA Lash Academy to any other person, including, but not limited to, co-workers, employees, contractors, friends, or family members. If you discontinue performing the procedure at a commercial facility, then another staff member at said facility must successfully complete a Fundamentals of Eyelash Extension Application Course before the facility may continue offering LA Lash Academy' products and services.
You acknowledge that you are not authorized to copy, distribute, or otherwise disseminate to any other person, including but not limited to co-workers, employees, contractors, friends, or family members LA Alsh Academy's proprietary materials accessed during any LA Lash Academy training program.
TRAINING PROGRAM REFUND/RESCHEDULING POLICY DUE TO THE HIGH DEMAND FOR TRAINING PROGRAM SEATS AND THE COMPLEXITY ASSOCIATED WITH THE LOGISTICS OF RESCHEDULING AND CANCELLATIONS OF TRAINING PROGRAMS, THE FOLLOWING TERMS AND CONDITIONS APPLY:
DEPOSIT PAYMENTS ARE NON-REFUNDABLE, YOU MAY BE PLACED ON A STAND-BY LIST FOR THE NEXT AVAILABLE CLASS. YOU WILL BE NOTIFIED OF CLASS AVAILBILITY (1) DAY PRIOR CLASS DATE. YOU WILL BE REQUIRED TO PAY FULL COURSE PRICE TO RESCHEDULE.
Product Use You acknowledge that (a) exposure of products (particularly adhesives) sold by LA Lash Academy to temperature extremes may cause changes in the products and that such changes may make the products unsuitable for use and (b) use of products sold by LA Lash Academy must be used with great care by a Company trained Lash Stylist to prevent an accidental injury, especially when performing work near an individual's eye.
LA Lash Academy is not liable to you for any incidental damages related to or arising out of your purchase or use of any and all products or services from LA Lash Academy. LA Lash Academy' liability to you related to or arising out of your purchase of any and all products or services from LA Lash Academy is limited to the amount of the refund available to you, if any, as set forth above in these General Terms and Conditions.
Except as expressly set forth in these General Terms and Conditions, LA Lash Academy makes no warranties to you regarding its products or services. LA Lash Academy expressly disclaims all implied warranties related to or arising out of your purchase of products of services from LA Lash Academy, including, without limitation, those of merchantability and fitness for a particular purpose. All products and services sold by LA Lash Academy are sold on an "AS IS, WHERE IS" basis.
Force Majeure Notwithstanding any other provision of this Agreement to the contrary, if LA Lash Academy is prevented from performing its obligations hereunder as a result of any contingency which is beyond its reasonable control (such as any act of God, war, riot, national emergency, terrorist act, general embargo, fire, casualty, equipment failure, flood, extreme weather conditions, earthquake, unforeseen unavailability of an LA Lash Academy Trainer for reasons beyond the control of such party (such as interruptions in the Trainer's travel schedule or illness, or other similar occurrence) (any such event, a 'Force Majeure Event'), then LA Lash Academy shall be excused from its inability to perform its obligations hereunder, but only to the extent of the Force Majeure Event in question. LA Lash Academy will provide reasonably prompt notice of the occurrence of such Force Majeure Event. Account Holder acknowledges that LA Lash Academy cannot be held liable for postal carrier delivery delays in conjunction with a Force Majeure Event. Regarding raining program delays upon the occurrence of such Force Majeure Event, LA Lash Academy may delay the scheduled training program and shall reschedule the training program hereunder as soon as reasonably practicable following the date of such occurrence.
If an LA Lash Academy training program cannot be conducted because of a lack of minimum student attendance, then LA Lash Academy reserves the right to reschedule the training program. If LA Lash Academy cancels or re-schedules a training program, registered participants may elect to apply the monies paid for the cancelled training program to a future training program within 12 months of the cancelled training program date. LA Lash Academy will honor a request for a full refund of cancelled training program fees.
Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to the principles of conflicts of laws thereof. The construction and interpretation of this Agreement shall not be strictly construed against the drafter. Any dispute arising under this Agreement shall be settled by arbitration in the State of California in accord with such procedures as may be acceptable to the parties.
Entire Agreement; Amendment; Waiver; Invalidity This Agreement, together with any schedules and exhibits attached hereto and made a part hereof, constitutes the entire agreement between the parties as to the subject matter hereof and shall supersede all prior understandings, letters, agreements, contracts and other documents. This Agreement may not be amended except by an instrument in writing signed on behalf of all the parties hereto. No failure or delay by either party to exercise, and no course of dealing with respect to, any right of any such party regarding an obligation of the other party to this Agreement, shall operate as a waiver thereof, unless agreed to in writing by both parties. Any single or partial waiver by either party of any obligation of the other party under this Agreement shall constitute a waiver of such obligation only as specified in such waiver and shall not constitute a waiver of any other obligation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, all of which shall remain in full force and effect.
Certification Terms and Conditions Train of Thought LLC (hereafter referred to as 'LA Lash Academy') will evaluate the skill level that you demonstrate during the training program that you attend and make a determination as to whether your skills warrant Certification. There is no guarantee that you will be certified during your training program. If your skill level is not sufficient to warrant Certification according to guidelines determined by LA Lash Academy, then LA Lash Academy, in its sole discretion, reserves the right to withhold Certification. Certification is contingent upon you abiding by the LA Lash Academy General Terms and Conditions Agreement that you will sign during your Training Program, including, but not limited to, refraining from directly or indirectly soliciting or selling eyelash extensions training programs or products in competition with LA Lash Academy, and/or refraining from using or promoting other brands of eyelash extensions products and services. LA Lash Academy, in its sole discretion, reserves the right to decertify you if you become certified. LA Lash Academy may decertify you for any reason or for no reason, including but not limited to: LA Lash Academy receives repeated complaints about your application technique or unprofessional behavior, and/or you reveal confidential, proprietary, or copyrighted information to any other individual. It is your sole responsibility to assimilate the skills and gain the experience required to become competent at applying eyelash extensions. 'Certification', the 'hands-on' training as a result of your training program attendance DO NOT guarantee that you will become a successful Lash Stylist. You may need further training, practice, and/or guidance after attending your initial training to maintain success as a Lash Stylist. LA Lash Academy issues certificates domestically and internationally according to standards and requirements agreed upon by its Board of Directors. LA Lash Academy cannot be held liable for any claims that may arise from the use of its techniques, services, or products, in any State, Country, or Territory.