This agreement is between you and Envious Lashes, a Limited Liability Company registered with the State of New York, having an address of 303 5th Avenue, Suite 1907 New York, NY 10016 (“Envious Lashes”) regarding terms and conditions as to the providing of training by Envious Lashes in the business of beauty salon services in the field of artificial and false eyelashes, namely, consulting in, and applying, styling, maintaining, removing, and repairing artificial and false eyelashes.
By entering into this agreement, you hereby certify that you are not affiliated with any business or individual in a business that is competing with Envious lashes. That you have the physical and mental capabilities of entering in to this agreement, do not participate in use of recreational drugs or are taking any drugs or medications otherwise which are prescription, and have fully read, fully understood and fully agree to comply with and be bound by conditions set forth herein.
Envious Lashes will provide training and course work in helping you generally understand the business of beauty salon services in the field of artificial and false eyelashes, namely, consulting in, and applying, styling, maintaining, removing, and repairing artificial and false eyelashes. Envious Lashes will provide you with training based on the general industry standard in this regard. It is contemplated in this agreement that Envious Lashes will reveal proprietary information that shall enhance a final product provide you learn and implement the training as strictly provided by Envious Lashes.
Envious Lashes makes no guarantee or promise that you will be capable of being able to independently carry out services contemplated within the training. Envious Lashes may withhold trade secrets from you for any reason. That the training contemplated herein is not for the benefit of disclosing trade secrets.
Envious Lashes owns the trademark for ENVIOUS LASHES for “Beauty salon services in the field of artificial and false eyelashes, namely, consulting in, and applying, styling, maintaining, removing, and repairing artificial and false eyelashes” based on its common law right and or as subject to the Federal Registration, No. 4346353.
Envious Lashes owns the trademark for ENVIOUS LASHES for “Artificial eyelashes; False eyelashes” based on its common law right and or as subject to the Federal Registration, No. 3928140.
Enviously Lashes owns the copyright for all training materials and literature that you will be supplied in the course of the training contemplated by this agreement.
Envious Lashes owns trade secret rights to a method of applying, styling, maintaining, removing, and repairing artificial and false eyelashes. It is up to the sole discretion of Envious Lashes if it shall disclose trade secrets to you. In the course of your training however, should you be disclosed trade secrets, you agree to maintain and keep same a secret.
That by entering this agreement you agree not to use or challenge the Intellectual Property rights disclosed herein and that you agree to not copy or disseminate any copyrighted materials or reveal trade secrets with regards to those you become privy to as a result of training received from Envious Lashes as subject to this agreement.
By entering this agreement, you are only receiving training from Envious Lashes. There is no business agreement contemplated herein.
Upon completing training, or any portion of training thereof, you are not certified by Envious Lashes to provide services that concern or relate to the scope of the training in any way. You may not advertise or use the name Envious Lashes in association with your services or advertising your services thereof. Should you provide any service that concerns or relates to those contemplated herein, you do so independent from any relationship from Envious Lashes. In this regard, you agree to hold harmless and indemnify Enviously Lashes should any liability or threat of liability arise from your provision, endorsement, advertisement or other with regards to Envious Lashes.
You are allowed to cancel this agreement at any time, however under the following conditions apply:
within 24 hours of receipt of confirmation, in which case there will be no cancellation fee imposed, unless you are within seven (7) days or less before the training session.
within seven (7) days or less before the training session, a $500.00 (five hundred dollars) cancellation fee will be imposed.
within seven (7) days or more before the training session, a $300.00 (three hundred dollars) cancellation fee will be imposed.
You are allowed to reschedule a training session any time, however under the following conditions:
Any training session rescheduled 14-days or more before the scheduled training will be honored with a one-time free reschedule. After that, there will be $250 (two hundred fifty dollar) reschedule fee imposed.
A $250 (two hundred fifty dollar) rescheduling fee will be imposed for any class rescheduled between 48 hours and 14 days before the scheduled training.
A $400 (four hundred dollar) rescheduling fee will be imposed for any class rescheduled within 48 hours of the scheduled training.
There is no rescheduling fee contemplated for any no show, in which case you forfeit all money paid to Envious Lashes. And agree to waive any claim for reimbursement and or refund otherwise.
You may enter into a payment plan with Envious Lashes in order to reserve your space to a training session or sessions. Full payment of any balance due however must be completed 14 days before the start of any training session. Failure to pay balance will result in forfeiture of $300 (three hundred dollars).
It is contemplated that upon completing training successfully with Envious Lashes you could be certified by Envious Lashes. Certification however is not guaranteed. Any certification that may follow training is at the sole discretion of Envious Lashes as to when and or who it may be given to. Satisfactory completion of training is not the only requirement of certification as Envious Lashes must deem you as certified based on its own proprietary methodology of certifying its trainees.
You understand that the training services contemplates herein include manual maneuvering about the face of a person, particular to the eyes, and include the use of chemicals and substances that may be hazardous to your health or the health of the individual you will be working on, or agree to have work on you.
You understand that by accepting and participating in training, it will require you to be hands on with another person, and you likewise agree to allow another person to be hands on with you for the same purpose of learning how to provide eye lash extensions about the eye.
Envious lashes will provide supplies needed for training, however it should not be expected or anticipated that you will be providing to another participant or receiving from another participant a complete and or competent eye lash extension application in regards to any partial or full training session.
The only products and tools you will be allowed to use are those provide to you by Envious Lashes. It is your responsibility to make sure you and or the other person you will be working on will not have any negative side-effects upon administering or using the potentially hazardous substances, such as allergies.
It is your responsibility that the person you work with is not allergic to any product used and or that the individual you work on is capable otherwise of not experiencing any medical emergency due to known issues such as epilepsy or other illness or condition that would otherwise prevent the person from maintaining stability during a lash procedure.
You agree that prior to using any product or tool provide to you in the course of training that you have fully-investigated all ingredients and confirm that you and the person you are working with have no potentially hazardous side-effects that would be cause based on normal administering or use of the chemicals and substances.
Furthermore, you have the duty to make sure you are competent to administer chemicals near or about someone eye, with sufficient precision that you will not cause injury. Should there be an issue, whereby you or someone else becomes involved in a situation, during the course of training, you must immediately report it to Envious Lashes.
If you do not volunteer to be worked on by another participant during the course of any training session, for any reason not limited to you not being able to have eye lash extensions applied to you, have allergies, are unwilling or have any reason otherwise, then you must either provide a live person in your place to participate on your behalf, who must have prior written approval by Envious Lashes.
At any point in time, Envious Lashes may dismiss you from any of its training at any time for any reason. You will be entitled to a partial refund from Envious Lashes of a proportion of fees you paid to Envious Lashes for training. Not costs incurred from third parties or for supplies provided to you from Envious Lashes are refundable. A refund is only entitled to you if the dismissal was not based on your breach of any term provided herein.
Should a disagreement or breach arise at any time subject to the terms of this agreement, you hereby agree that this agreement shall constitute a sufficient showing of consent that you agree to be subject to an injunction by any competent court to immediately stop violating any portion of this agreement until such time as a final judgment may be entered.
You agree that the choice of law should be the State of New York and venue should be in New York within 30 miles of zip code 10016. Provided that any dispute arises, you further agree to binding arbitration as directed by a competent court or as agreed to by the parties.
In the event Envious Lashes is prevented from performing an obligation contemplated under this agreement, as a result of any event beyond its reasonable control, you agree to excuse Envious Lashes from its inability to perform and will accept a rescheduling within 60 days as a reasonable. If Envious Lashes is unable to reschedule any training session within 60 days, then you are entitled to a full refund for any training services paid, not including any costs for supplies, travel, lodging or other costs and or fees incurred or agreed to by and between you and a third party.