1. 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. Certification requirements may be located on the official Xtreme Lashes Certification Application(s). Training Program attendance does not guarantee Certification. Attendees must meet all of the Certification requirements in order to be Certified. 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. Reasons for decertification include, but are not limited to, the severance of the business relationship between Xtreme Lashes and the Trainee, violation of any part of this agreement, or if Xtreme Lashes receives repeated complaints about the Trainee’s application technique.
   
   
2. 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.
   
   
3. 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.
   
   
4. Lash Stylist Directory
   
   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.

1. Any and all Xtreme Lashes educational materials including but not limited to Student Training Manual(s) and Tutorials;
2. Any and all Xtreme Lashes Student PowerPoint Presentation(s);
3. Any and all unused Xtreme Lashes Waiver Forms, Client History Folders, Client Consultation Forms, Order Forms and Application Forms;
4. Any and all Xtreme Lashes Marketing Literature and Marketing Materials;
5. Any and all Xtreme Lashes Certificates.

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 $250 for Training Program cancellations MORE THAN ten (10) days prior to your scheduled training date. If you cancel your Training Program WITHIN one (1) to ten (10) days prior to your scheduled Training Program date, a non-refundable charge of $350 will apply. If Training Programs are not cancelled at least 24 hours before your scheduled Training Program begins then no portion of the 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).

Training Programs may be rescheduled for free for any reason MORE THAN ten (10) days prior to your scheduled training date, one time only. A $200 rescheduling fee will be charged for all subsequent reschedules. . A $200 fee will be charged for Training Programs rescheduled WITHIN one (1) to ten (10) days prior to the scheduled Training Program date. 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 $200 if we must reschedule a Training Program due to an account balance.

B. Private or In-Salon Training Program Refund/Rescheduling Policy

For cancellations MORE THAN fourteen (14) days prior to the scheduled training date, there is a non-refundable charge of 50% of the total Training Program fee. For cancellations 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. For Training Program reschedules MORE THAN fourteen (14) days prior to the scheduled Training Program date, a non-refundable rescheduling fee equal to 25% of the total Training Program fee will apply. For Training Program reschedules within seven (7) to fourteen (14) days prior to the scheduled Training Program date, a non-refundable rescheduling fee equal to 50% of the total Training Program fee will apply. For Training Program reschedules 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. No shows will result in forfeiture of Training Program fees.

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 fourteen (14) 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 fourteen (14) days of product receipt to receive a return authorization number (RMA#) and shipping instructions. Once Customer Service has issued a RMA#, Buyer must return the item within seven (7) calendar days should you, the Buyer, determine that products shipped to you are defective, please advise Xtreme Lashes of their condition within fourteen (14) days of receipt at 281-907-0689. You will be given a return authorization number (RMA#) 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 an Xtreme Lashes trained technician to prevent an accidental injury, especially when performing work near an individual’s eye. 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.

Xtreme Lashes reserves the right to refuse sales and service to anyone for any reason at any time.

INDEMNIFICATION

BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS XTREME LASHES AND ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AGENTS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, CONSULTANTS, SUBCONTRACTORS, SUPPLIERS AND LICENSORS (HEREINAFTER “XTREME LASHES, ET AL”) 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 THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD OR SUPPLIED BY XTREME LASHES, ET AL., INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY OF XTREME LASHES, 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 XTREME LASHES, ET AL (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR CROSS, 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. Xtreme Lashes is not responsible for any loss or damage to orders that may occur while they are in the custody of Federal Express.

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.

You agree that the Xtreme Lashes Training and Certification Program creates only a buyer and seller relationship between you and us, and does not create any other type of relationship between you and us. You have no authority, expressed or implied, to act as our agent for any purpose. You are, and will remain, an independent contractor responsible for all obligations and liabilities of your business, and for all claims or demands based on injury, illness or death of any person or persons, directly or indirectly, resulting from the operation of your business. Further, we and you are not and do not intend to be partners, associates, joint venturers, agents or employees of each other in any way, and we will not be construed to be jointly liable for any of your acts or omissions under any circumstances.

You acknowledge and agree that the Xtreme Lashes Training and Certification Program is not, and should not be deemed, a franchise under federal or state law due to, among other reasons: (i) we do not exercise significant control over, or provide significant assistance to, your method of operation; (ii) you do not engage in the business of offering, selling, distributing goods or services under a marketing plan or system prescribed in substantial part by us; (iii) while you will be authorized to distribute Xtreme Lashes products bearing our trademarks, your use of our trademark will be only incidental to, and not in substantial association with, your business; and (iv) you are not required to identify your business to your customers under our trademarks or to otherwise be required to use our trademarks in a manner likely to convey to the public that you are an outlet or account of ours.

You further acknowledge and agree that the Xtreme Lashes Training and Certification Program is not, and should not be deemed, a business opportunity under federal or state law due to, among other reasons: (i) we will not assist you in starting a business; (ii) we do not represent or guarantee that you will derive income from your business which exceeds the price of the Training and Certification Program paid to us or the products you purchase from us; (iii) we will not refund all or part of the price of the Training and Certification Program paid to us, or repurchase any of the products, if you are dissatisfied with the business you operate; and (iv) we will not provide you with a comprehensive marketing plan.

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.

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.