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| General Terms & Conditions |
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I. Conditions of Training Workshop Purchase and/or Attendance:
You, as the Buyer and/or Trainee, acknowledge, accept and agree that (a) use of
products sold by Xtreme Lashes LLC (hereafter referred to as “Xtreme Lashes”)
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 and (c) Trainee will practice great care during the Training
Program and follow all prescribed safety guidelines.
You, as the Buyer and/or Trainee, acknowledge that all Xtreme Lashes Training
Programs involve “hands-on” training. Tardy Trainees may be required, at the
classroom Trainer(s) sole discretion, to repeat the selected Training Program.
Trainees are required to apply eyelash extensions onto other classmates during
the selected Training Program. Trainees will also be required to have eyelash
extensions applied during the selected Training Program. Trainees who are
unable to have eyelash extensions applied due to medical reasons or other
extenuating circumstances must acquire approval from Xtreme Lashes to provide a
model to receive an application of eyelash extensions in their place. These
procedures will be done under careful supervision by the classroom Trainers(s).
Trainees will not receive a full set of eyelash extensions during the selected
Training Program. Trainees must acknowledge and accept the risk associated with
having a student apply eyelash extensions to them. Trainees must agree not to
hold any of the fellow students in their Training Program liable for any
injuries that Trainees may sustain as a result of other students applying
eyelash extensions to them – should the Trainees voluntarily agree to have a
student(s) apply eyelash extensions to them.
It is the policy of Xtreme Lashes to sell products and services only for the
use by certain licensed/certified professionals in the beauty, health, medical
or dental industries. Therefore you, the Buyer and/or Trainee, commit to
purchase this Training Program for, and send only, persons who are licensed or
certified in these industries to the Training Program. Trainee’s must
complete the XL Tutorial and Test and score 100% prior to your Training date.
Before each Training Program begins, all Trainees will be required to provide
classroom Educator(s) a photocopy of their professional license or certificate,
and/or required credentials, a copy of their receipt of purchase, and a valid
photo ID. If a Trainee cannot provide this documentation, he or she will not be
allowed to attend the selected Training Program. No non-registered persons will
be allowed to observe or participate in any Training Programs.
In no event will the Trainee be reimbursed for the original cost of any
Training Program.
Trainee agrees 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.
IN NO EVENT WILL XTREME LASHES OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES,
INDEPENDENT CONTRACTORS, SUPPLIERS AND LICENSORS (XTREME LASHES, ET AL) 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 XTREME LASHES. TRAINEE
SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS XTREME LASHES, ET AL 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 XTREME LASHES LIABILITY WILL BE LIMITED
TO THE PURCHASE PRICE OF THE PRODUCT.
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II. Training Programs and Certification Policies
A. General Certification Policies
Xtreme Lashes, in its sole discretion, reserves the right to determine its
Level One and/or Advanced Certification requirements which may change at any
time, without notice. Certificates will not be issued during Training Programs.
Xtreme Lashes will issue certificates via US Mail once Trainees are approved
for Level One or Advanced Certification.
Xtreme Lashes, at its sole discretion, reserves the right to decertify Trainees
who have received Certification. If Xtreme Lashes decertifies a Trainee,
the Trainee agrees to immediately return all of the following proprietary
materials to Xtreme Lashes:
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Any and all Xtreme Lashes Student Training Manual(s) and Tutorials;
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Any and all Xtreme Lashes Student PowerPoint Presentation(s);
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Any and all Xtreme Lashes Waiver Forms, Client History Folders, Client
Consultation Forms, Order Forms and Application Forms;
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Any and all Xtreme Lashes Marketing Materials;
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Any and all Xtreme Lashes Certificates.
Xtreme Lashes may decertify a Trainee if any part of this agreement is violated
or if Xtreme Lashes receives repeated complaints about the Trainee’s
application technique or unprofessional behavior.
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B. Disclaimers
It is the Trainee’s 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 as a result of Training Program
attendance DO NOT guarantee that a Trainee will become a successful Lash
Stylist. A Trainee may need further training, practice, and/or guidance
after attending his or her initial Training Program to gain and maintain
success as a Lash Stylist.
It is solely the responsibility of the Trainee to be in compliance with all
national or local jurisdictions’ laws relating to the selling or application of
eyelash extensions. It is the responsibility of each Trainee to research and
determine their State statutes and regulations regarding eyelash extension
application. Xtreme Lashes issues Certificates to Trainees
domestically and internationally according to standards and requirements agreed
upon by its Board of Directors. Xtreme Lashes 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. |
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C. Level One Training Programs
Xtreme Lashes offers the following Level One Training Programs:
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Level One Training Program for New Clients
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Level One Certification Training Program (for existing clients only)
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Level One Xtended Education Training Program (for existing clients only)
All Trainees who attend any Level One Training Program will be given
instruction on how to properly apply eyelash extensions, including guidance
through full eyelash extension applications. Trainees will be granted the
opportunity to be evaluated for onsite certification, and will be privy to
marketing, advertising, and business strategies to encourage their success as
Lash Stylists. Even though participants are offered the opportunity for
onsite certification, participants are not guaranteed certification as a
condition of attendance. It is possible, but unlikely, that brand new Trainees
will be skilled enough to achieve certification immediately after attending
Level One Training Program.
Training Program participants must master the required course objectives
determined by the Xtreme Lashes Education Department, which may change with or
without notice, in order to achieve Level One Certification. In the event that
a Trainee is not certified upon completion of a Level One Training Program,
then he or she may still elect to attend a Certification Training Program or to
submit a Level One Certification Submission Form with all required
documentation. The Xtreme Lashes Education Department will then evaluate the
Trainee and make a determination as to whether the Trainee’s skill level
qualifies for Level One Certification. Xtreme Lashes reserves the right to
withhold or revoke a Trainee’s Level One Certificate in the event that the
Trainee does not meet the Xtreme Lashes Level One Certification guidelines,
which may change with or without notice.
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D. Advanced Certification Programs
Before applying for Advanced Certification, clients must meet the
pre-requisites for Advanced Certification, including but not limited to:
earning a Level One Certificate and successfully completing the Advanced
Training Program. After successful completion of the Advanced Training Program,
Trainees must submit an Advanced Certification Submission Form with all
required documentation. The Xtreme Lashes Education Department will then make a
determination as to whether the Trainee’s skill warrants Advanced
Certification. Xtreme Lashes reserves the right to withhold or revoke a
Trainee’s Advanced Certificate in the event that the Trainee does not meet the
Xtreme Lashes Advanced Certification guidelines, which may change with or
without notice. |
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III. Lash Stylist Directory
An application of Xtreme Lashes is a luxury service. Xtreme Lashes reserves the
right to prohibit Nail Salons, Nail Technicians, Manicurists, and other
licensed beauty professionals (example: Cosmetologists or Estheticians) that
mainly offer Nail Services from purchasing Xtreme Lashes products or marketing
or advertising the Xtreme Lashes brand or logo.
Xtreme Lashes, in its sole discretion, reserves the exclusive right to
determine which professionals and businesses appear on the Lash Stylist
Directory. Salons and professionals who mainly offer nail services will not be
listed on the Lash Stylist Directory.
Xtreme Lashes reserves the right to require clients listed on its Lash Stylist
Directory to meet a minimum purchase requirement and/or charge a minimum amount
for the Xtreme Lashes services they offer. Xtreme Lashes, in its sole
discretion, reserves the exclusive right to determine the requirements and
prerequisites for said listing, which may change without notice. |
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IV. Use of Proprietary Materials and Covenant Not to Compete
Buyer and/or Trainee certifies that by virtue of purchasing and/or
attending any Xtreme Lashes Training Program, he or she is not an owner,
employee, independent contractor, or educator of any other company that offers
eyelash extension products and/or training. Should Trainee and/or Buyer violate
these terms or conditions, then Xtreme Lashes reserves the right to pursue any
and all legal and equitable remedies against Trainee and/or Buyer.
Trainees are expressly prohibited from using Xtreme Lashes proprietary
copyrighted Training Program material to train others. Trainees are prohibited
from demonstrating any of the techniques or procedural information obtained
from Xtreme Lashes to any other person, including ,but not limited to,
co-workers, employees, contractors, friends, or family members In the event
that a Trainee discontinues performing the procedure at a commercial facility,
another staff member at said facility must successfully complete a Level One
Training Program before the facility may continue offering Xtreme Lashes
products and services.
Trainee acknowledges that the following proprietary materials items are the
property of Xtreme Lashes, LLC (hereafter referred to as “Xtreme Lashes”) and
must be returned to Xtreme Lashes in the event that Trainee is decertified or
has discontinued a business relationship with Xtreme Lashes:
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Any and all Xtreme Lashes Student Training Manual(s) and Tutorials;
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Any and all Xtreme Lashes Student PowerPoint Presentation(s);
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Any and all Xtreme Lashes Waiver Forms, Client History Folders, Client
Consultation Forms, Order Forms and Application Forms;
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Any and all Xtreme Lashes Marketing Literature;
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Any and all Xtreme Lashes Certificates.
Trainee must notify Xtreme Lashes in writing in the event that he or she
chooses to discontinue his or her business relationship with Xtreme Lashes.
Trainee also acknowledges that he or she is 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 the above
proprietary materials accessed during any Xtreme Lashes Training Program.
After either party gives written notice to the other of its intent to terminate
the business relationship, the Lash Stylist promises that he or she will not,
directly or indirectly, solicit or sell eyelash extension training or products
in competition with the Company within the continental United States of America
for a period of two (2) years from the date that either party gives written notice
to the other of its intent to terminate the business relationship.
Should the Trainee breach any of the conditions contained herein or engage in
any other activity deemed to violate Xtreme Lashes’ policies, including, but
not limited to, the training of other individuals without the prior written
approval of Xtreme Lashes, , Xtreme Lashes reserves the right to, among other
actions permitted under law: 1) demand the immediate return of all Xtreme
Lashes Proprietary Property; 2) cease selling products to that Trainee / Salon;
3) remove the Trainee / Salon from the Xtreme Lashes “Find A Lash Stylist” page
on its website and/or 4) pursue all legal remedies allowed by law.
Xtreme Lashes, at its sole discretion, reserves the right to prohibit Trainee’s
use, or any of Trainee’s affiliate’s use, of its brand and logo. This includes
all marketing materials, including posters, brochures, post cards, instruction
manuals, etc. Xtreme Lashes will only take such steps for cause. Examples of
causes that may persuade Xtreme Lashes to prohibit use of its brand and logo
are, but are not limited to: 1) substandard applications of eyelash extensions
by a careless technician and 2) use of competing eyelash extension products
that individuals believe to be Xtreme Lashes products due to the prominent
display of Xtreme Lashes marketing materials.
Buyer also expressly agrees that if he or she uses or sells competing eyelash
extension products, he or she will not convey the impression to consumers,
through the prominent display of Xtreme Lashes marketing materials or
otherwise, that competing eyelash extension products are Xtreme Lashes
products.
With the exception of authorized retail products and unless authorized in
writing by Xtreme Lashes, the resale of Xtreme Lashes’ materials or products,
including, but not limited to, application supplies, marketing literature, and
educational materials is strictly prohibited. Should Buyer violate these terms
and conditions or any intellectual property rights of Xtreme Lashes, then
Xtreme Lashes reserves the right to pursue any and all legal and equitable
remedies against you.
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V. Training Program Refund/Rescheduling Policy
A. Public Training Programs
Due to the high demand for Training Program seats, a strict
cancellation/rescheduling policy is enforced. Xtreme Lashes prohibits the sale
and use of its products to individuals who have not successfully completed an
Xtreme Lashes Training and Certification Training Program, therefore no monies
will be refunded for Training Programs regardless of circumstances unless and
until all products purchased are returned. There is a non-refundable charge of
$200 should you CANCEL your Training Program MORE THAN seven (7) days prior to
your scheduled training date. If you cancel your Training Program WITHIN one
(1) to seven (7) days prior to your scheduled Training Program date, a
non-refundable charge of $250 will apply. If you do not cancel your Training
Program at least 24 hours before your scheduled Training Program begins then no
portion of your Training Program fee will be refunded.
A refund will not be issued for no shows (a “no show” is a person who
registers but does not cancel and does not attend the Training Program).
Should you need to reschedule your Training Program for any reason MORE THAN
seven (7) days prior to your scheduled training date, then you may do so free
of charge. Should you need to reschedule your Training Program for any reason
WITHIN one (1) to seven (7) days prior to your scheduled Training Program date,
a non-refundable charge of $150 will apply. If you do not reschedule at least
24 hours before your scheduled Training Program begins, no portion of your
Training Program fee will be refunded. If you do not attend your scheduled
Training Program and have not rescheduled, then you will be considered a no
show and no portion of your Training Program fee will be refunded. We will
charge a non-refundable fee of $150 if we must reschedule a Training Program
due to an account balance.
If you must cancel or reschedule your scheduled Training Program due to an
unforeseen emergency, Xtreme Lashes, in its sole discretion, reserves the right
to enforce or waive the rescheduling or fees. |
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B. Private or In-Salon Training Program Refund/Rescheduling Policy
If you give notice of cancellation MORE THAN fourteen (14) days prior to your
scheduled training date, there is a non-refundable charge of 50% of the total
Training Program fee. If you cancel your Training Program WITHIN one (1) to
fourteen (14) days prior to your scheduled Training Program date, there is a
non-refundable charge of 70% of the total Training Program fee. If you need to
reschedule your Training Program for any reason MORE THAN fourteen (14) days
prior to your scheduled Training Program date, a non-refundable rescheduling
fee equal to 25% of the total Training Program fee will apply. If you need to
reschedule your Training Program for any reason within seven (7) to fourteen
(14) days prior to your scheduled Training Program date, a non-refundable
rescheduling fee equal to 50% of the total Training Program fee will apply. If
you need to reschedule your Training Program for any reason within one (1) to
seven (7) days prior to your scheduled Training Program date, a non-refundable
rescheduling fee equal to 70% of the total Training Program fee will apply. If
you do not reschedule your Training Program and do not attend your scheduled
Training Program, then you will be considered a no show and no portion
of your Training Program fee will be refunded. |
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VI. Product Purchase, Usage, Returns, and Exchanges
A. Refund and Exchange Policies
Xtreme Lashes endeavors to ship products and provide services of only the
highest quality. Due to issues of hygiene, Xtreme Lashes cannot accept product
returns after packaging has been opened. Returns and exchanges of unopened,
resalable products are accepted within seven (7) days of the date Federal
Express confirms product delivery. You will be credited with your purchase
price, less shipping, and less a 20% restocking fee. Any and all opened
packages that are included as part of an eyelash extension kit will be subject
to deduction from the overall refund of the purchase price of an eyelash
extension kit. Please contact Xtreme Lashes within seven (7) days of product
receipt to receive a return authorization number (RA#) and shipping
instruction. Should you, the Buyer, determine that products shipped to you are
defective, please advise Xtreme Lashes of their condition within seven (7) days
of receipt at 281-907-0689. You will be given a return authorization number
(RA#) with shipping instructions. All products must be returned in original
packaging. Xtreme Lashes reserves the right to either replace defective product
or provide a refund of the purchase price upon receipt of defective product.
B. Terms and Conditions of Product Purchases
You, as the Buyer, acknowledge that (a) exposure of products (particularly
adhesives) sold by Xtreme Lashes 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 Xtreme Lashes must be used with great care by a
trained technician to prevent an accidental injury, especially when performing
work near an individual’s eye. It is the policy of Xtreme Lashes to sell
products and services only for the use by certain licensed/certified persons in
the beauty, health, medical or dental industries. You, the Buyer, certify that
the products and services that you purchase from Xtreme Lashes will only be
used by licensed/certified persons in these industries. An application of
Xtreme Lashes® is a luxury service. Xtreme Lashes reserves the right to
prohibit Nail Salons, Nail Technicians, Manicurists, and other licensed beauty
professionals (example: Cosmetologists or Estheticians) that mainly offer Nail
Services from purchasing Xtreme Lashes products or marketing or advertising the
Xtreme Lashes brand or logo.
Xtreme Lashes requires the purchase of its hands-on Lash Stylist Training
Program in order to qualify to purchase Xtreme Lashes products. Xtreme Lashes
strongly recommends that all potential Lash Stylists practice for several hours
on fake eyelash strips prior to attending their initial Training Program and
before applying eyelash extensions to a live person.
Xtreme Lashes reserves the right to refuse sales and service to anyone for any
reason at any time. IN NO EVENT WILL XTREME LASHES OR ITS DIRECTORS, OFFICERS,
OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUPPLIERS AND LICENSORS (XTREME
LASHES, ET AL) 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 XTREME
LASHES. BUYER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS XTREME LASHES, ET AL
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 XTREME LASHES LIABILITY WILL BE
LIMITED TO THE PURCHASE PRICE OF THE PRODUCT.
C. Shipping
Xtreme Lashes does not require a signature for delivery of orders. Once the
delivery of an order is confirmed by Federal Express, Xtreme Lashes is no
longer liable for the order. Xtreme Lashes requires that each time a purchase
is made via website or phone that the buyer must request or decline a signature
requirement on his or her order. Xtreme Lashes strongly recommends that buyers
request that a signature be required upon delivery of all orders, especially if
there may be a possibility of theft or damage to orders left at the delivery
location.
Same Day Shipping Policy
All orders (with the exception of some orders containing adhesives) placed with
Xtreme Lashes by 3 PM CST for air shipment and 12 PM CST for ground Shipment,
Monday through Friday, will ship out on the same business day. Some Thursday
and Friday orders (depending on method of shipping selected) containing
adhesive(s) may be held until the following Monday in most cases to eliminate
the probability of the adhesive(s) being held in a non-temperature controlled
Federal Express warehouse over the weekend. Orders placed after 3 PM CST for
air shipment and after 12 PM CST for ground shipment may not ship until the
following business day. Orders placed beyond these deadlines on the day before
a weekend or holiday(s) will not be shipped until the next business day
following the weekend and/or holiday(s). Orders placed on weekends (Saturday or
Sunday) and orders placed on Federal or State Holidays (also including, but not
limited to: Christmas Eve, New Year’s Eve, and Good Friday) will be shipped on
the next business day.
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VII. Privacy Policy:
Xtreme Lashes respects your privacy and values your trust. Xtreme Lashes will
not sell or give away any information about you or your company to any third
party. Xtreme Lashes will use your information to deliver products and services
that you have requested or ordered. Occasionally, Xtreme Lashes will use your
contact information to send you information about Xtreme Lashes, including
information regarding special promotions and new products. Xtreme Lashes will
promptly remove your name from our mailing list upon request. |
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VIII. Force Majeure
Notwithstanding any other provision of this Agreement to the contrary, in the
event Xtreme Lashes is prevented from performing its obligations hereunder as a
result of any contingency which is beyond its control (such as any act of God,
war, riot, national emergency, terrorist act, general embargo, fire, casualty,
equipment failure, flood, earthquake or other similar occurrence) (any such
event, a "Force Majeure Event"), Xtreme Lashes shall be excused from its
inability to perform its obligations hereunder, but only to the extent and for
the duration of the Force Majeure Event in question. Xtreme Lashes will provide
reasonably prompt notice of the occurrence of such Force Majeure Event. Upon
the occurrence of such Force Majeure Event, Xtreme Lashes may delay the
scheduled Training Program, but only for so long as may be reasonably necessary
in light of such Force Majeure Event, and shall reschedule the Training Program
hereunder as soon as reasonably practicable following the date of such
occurrence. In the event an Xtreme Lashes Educator is prevented from performing
obligations hereunder as a result of any contingency which is beyond the
control of such party (such as interruptions in the Educator’s travel schedule
or unforeseen unavailability of the Educator), Xtreme Lashes reserves the right
to reschedule Training Programs. In the event that an Xtreme Lashes Training
Program cannot be conducted because of a lack of minimum student attendance,
Xtreme Lashes reserves the right to reschedule the Training Program.
In the event that Xtreme Lashes cancels or reschedules 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. Xtreme Lashes will honor a request for a full refund of
cancelled Training Program fees submitted in writing and received in its
corporate office via fax or mail within seven (7) days of cancelled Training
Program date. Such a refund only applies to Training Program fees, not to
other fees or expenses registered participants may have incurred, including but
not limited to travel or lodging expenses. Registered participants
who request a refund for their eyelash extension kit due to a Training Program
cancellation by Xtreme Lashes will be credited with their full purchase price
less any opened items, once the kit is returned to the Xtreme Lashes corporate
office. Please contact Xtreme Lashes customer service within seven (7) days of
the cancelled Training Program to receive a return authorization number (RA#)
and directions on where to send the kit. |
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IX. Governing Law; Construction
This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas, 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 Texas in accord with
such procedures as may be acceptable to the parties. |
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X. 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 of 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.
If any portion of these Terms and Conditions are ruled to be unenforceable, the
other portions will remain in effect. |
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