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PURCHASE AGREEMENT/TERMS AND CONDITIONS
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Thank you for choosing Lavish Lashes! This document must be read and all pages initialed and signed by purchaser and all individuals enrolled in any Lavish Lashes», LLC training course in order to receive purchased item(s) and participate in any training program. As it is the policy for Lavish Lashes», LLC to sell only to licensed and/or certified professionals within the beauty or medical industry, please fax back this Purchase Agreement along with a copy of the student's license or industry credentials to fax # (951) 352-9197. For questions, please call us at (951) 352-2068. |
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PRODUCT RETURN/EXCHANGE- CLAIM OF DEFECT If the Buyer (You) determine that product(s) shipped to you are defective, please e-mail Lavish Lashes», LLC Customer Service within ten (10) days of receipt (customerservice@lavishlashes.com) or call 951-352-2068 for a Return Authorization Number (RA#) and directions on how to return the product(s). Unless otherwise advised, product must be returned with 1) a RA# 2) explanation of claim of defect 3) your request for exchange or refund. Lavish Lashes», LLC reserves the right to either replace defective product or provide a refund of the purchase price upon receipt of defective product. PRODUCT RETURN/EXCHANGE- FOR ANY REASON For hygienic and quality control reasons, Lavish Lashes», LLC cannot accept returns of any individual product, including those individual items contained in a kit, after packaging has been opened or unsealed. Only unopened and sealed packages returned within 30 days of receipt will be accepted for a refund of Buyer's purchase price less a 25% restocking fee and shipping charges. Only unopened and sealed items contained within a Kit purchase will be considered for a return if all items are returned within 30 days of receipt, AND prior to the student's scheduled class date. If a kit is returned within 30 days of purchase AND prior to the student's scheduled class date, then the refund will be calculated by subtracting from the original kit purchase price all of the following: 1) the restocking fee which is 25% of the total kit price 2) the retail value of used, unsealed or missing items, including the adhesive, container of lashes, marketing and instructional materials and 3) the shipping charge. Returns must be shipped back at your cost and enclosed with a 1) written request with the purchaser's information 2) a reason for the return and 3) a list of any items missing, damaged and/or opened/unsealed, or your request may not be processed. Return shipments must be addressed to: Lavish Lashes», LLC. Attn: Customer Service, 11800 Sterling Ave. Ste. B, Riverside, CA 92503. Once received, please allow for up to 14 days for the return to be processed and appropriately credited back to the original credit card. REFUNDS ON TRAINING. No refunds on training fees or deposits will be given after order is processed. Classes may be rescheduled upon written notice.(*) A non-refundable administrative charge applies as follows: 1) Prior to 7 days of the scheduled class date, a $250 non-refundable administrative fee applies. 2) Within 7 days of the scheduled class date, a $350 non-refundable administrative fee applies.
If you are scheduled for a Review or Retest and cancel within 24 hours or fail to appear, a $100 non-refundable administrative fee will apply.
Please note that all rescheduleing requests must be in writing and sent to customerservice@lavishlashes.com.
Please consider carefully that the lash extension procedure requires the technician to have keen eye sight, great dexterity (particularly with one's non dominant hand), attention to minute details, plus time and patience to develop the skill. It is our intention to provide you with the utmost professional, and comprehensive training experience to help ensure your success. If for any reason you are not completely satisfied with your training experience, please contact us and we will do our best to support you and address any concerns you might have. NO GUARANTY OF CERTIFICATION/RIGHT TO DECERTIFY For general public safety, and to protect the brand and reputation of all those who successfully comply with Lavish Lashes», LLC safety standards and practices, Lavish Lashes» does not guaranty certification and maintains the right to decertify individuals that the company perceives may cause harm to either individuals or the brand.
Attendance to Lavish Lashes» training does not guarantee certification. You must be able to demonstrate to a Certified Lavish Lashes» Instructor that you can perform the technique safely, or at our sole discretion you may be invited to attend additional training.
Lavish Lashes», LLC in its sole discretion, reserves the right to deny training and/or certification, decertify and prohibit Buyer's use, or any of Buyer's affiliate's use of its products, brand, logo, marketing materials, marketing services, images, and all forms of training material for 1) substandard applications of eyelash extensions or any behavior or practice that is perceived by Lavish Lashes», LLC to be unsafe 2) disruptive classroom behavior 3) using recording devices such as audio, video, or still photo in any manner 4) anything that would suggest that the student is a direct known competitor or affiliate.
ADDITIONAL BASIC TRAINING REVIEW CLASS AT NO ADDITIONAL TRAINING CHARGE
After attending the scheduled training class, students are welcome to attend one additional scheduled workshop class on Lash Extension Basic Technique and Safety at no additional training charge within 6 months of the initial class. For all subsequent trainings the charge will be $300. Lunch and training supplies are not included with your review session, so please make arrangements with the Trainer for lunch and plan to bring your required supplies. 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. Certain restrictions to this policy apply to classes held at locations with a two-person maximum class capacity. In such cases, arrangements for your free review class may be coordinated with the Trainer, or you may be required to take the free review class at an alternative location. For on-site/in-salon/in-spa training at your location, a minimum travel fee of $200 will apply.
MODEL REQUIREMENT FOR TRAINING CERTIFICATION
You are required to bring a model to the training (preferably a friend, family member or colleague with healthy and fairly straight eyelashes). However if you are traveling from out of town and unable to do so, please contact us as soon as possible and we will attempt to make arrangements for you. A small fee for the model may apply (typically $50). Please inform your model of the time they need to be present for the training. Models are not permitted to sit through the lecture or any other portion of the training. If you have an associate interested in sitting through the training, please contact our office at (951) 352-2068 for approval as an Observation Fee of $300 may apply. In such case whereby the student wishes to volunteer him/herself to be a model for another student, and in turn wishes to have another student volunteer him/herself to be a model for them, those students must agree to not hold any of their fellow students liable to any injuries that they sustain as a result of another student's lash extension application or removal. If you are interested in this option, please contact our office as soon as possible to coordinate. FOR PROFESSIONAL USE ONLY This product is not intended, nor should it be used for self application of lash extensions. This product is to be applied only by individuals certified by Lavish Lashes», LLC and in accordance with the laws of your state. State licensing requirement for the application of lash extensions vary from state to state, so it is incumbent upon you to research the requirement for your state and comply with any laws and requirements concerning the application of any lash extension products. It is the policy of Lavish Lashes», LLC to sell only to licensed professionals in the beauty and medical industry. Whereas certain states do not require a license to practice certain beauty or body treatment disciplines (such as permanent make-up artistry), Lavish Lashes», LLC requires that such individuals provide proof of formal certificate training in order to purchase, participate in any training or certification program, and perform the service. As an expressed condition of this sale, the Buyer agrees to submit a copy of the students' professional license and/or certificate to Lavish Lashes», LLC at time of purchase and further agrees to present a copy and photo ID to the Lavish Lashes», LLC Certified Instructor at scheduled training location. ACKNOWLEDGEMENT OF RISKS You recognize that the procedure of applying eyelash extensions can never be 100% safe and that accidental injury to the eye or the premature falling of lashes may occur and that appropriate precautions must be taken to safeguard the well-being of your client. You agree to use Lavish Lashes», LLC. products in a safe manner and to take all measures of precaution such as, but not limited to: 1) requiring that contact lenses be removed for any given part of the procedure 2) completely covering the lower lashes to protect it from bonding to the upper lashes 3) covering and protecting the upper eyelids so that they remain closed for the duration of the procedure 4) thoroughly consulting with the client to identify contraindications and ensure client is a good candidate for lash extensions 5) using the eye irrigation solution for each client post removal of lash extensions, and as necessary. As a condition of your purchase of Lavish Lashes», LLC products you acknowledge and accept the inherent risks associated with applying lash extensions and agree to comply with Lavish Lashes», LLC safety standards. CLIENT IN-TAKE/CONSENT FORM USE REQUIREMENT As a condition of your purchase of Lavish Lashes», LLC products, you agree that you will not apply Lavish Lashes», LLC product onto the eyelashes of any person without first having such person sign and date a standard Lavish Lashes», LLC 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/after photographs of his/her eyes. WEBSITE REFERRAL PROGRAM Only individuals who are Lavish Lashes», LLC Certified and active customers in good standing may take advantage of the Lavish Lashes», LLC Website Referral Program. Once Lavish Lashes», LLC Certified, in order to be listed on the website: 1) Purchase the Web Site Set-up Fee of $100 and subscription agreement on line or by calling 951-352-2068 2) complete 5 case studies with Before and After pictures 3) write-up one paragraph about you and your professional experience 4) provide a headshot photo of yourself 5) provide your contact information including a link to your website (if you have one) and submit to webmaster@lavishlashes.com. Please allow 1-2 weeks for your listing to be set-up. Active customers in good standing are those customers who are regularly performing the lash extension service using Lavish Lashes», LLC products exclusively. Since the lash extension adhesive has a shelf life of approximately 90 days a customer may be considered inactive if Lavish Lashes», LLC Adhesive is not purchased every 90-180 days from the last purchase date and will therefore be subject to suspension from the Website Referral Program. Additionally, in order to support a fair competitive environment among Certified Lavish Lashes Specialist and so as to not diminish the Brand, other than for temporary promotions Lavish Lashes LLC reserves the right to suspend the Website Referral Program for those individuals who are unable or unwilling to support the fair market charge for a full set of Lavish Lashes, which in most cities should be no less than $250. In some suburban cities and some more rural areas, the acceptable and fair market charge should be no less than $200. RIGHT TO DISCONTINUE, REFUSE SALE, AND SUBSTITUTE Lavish Lashes», LLC reserves the right to discontinue or refuse sales of our product to anyone and to discontinue or substitute any product contained in our kits or within our product line without prior notification. Lavish Lashes», LLC in its sole discretion, reserves the right to prohibit Buyer's use, or any of Buyer's affiliate's use of its products, brand, logo, marketing materials, marketing services, images, and all forms of training material and pursue all legal remedies as allowed by law. Lavish Lashes», LLC reserves the right to takes such steps if any of the terms of this agreement are violated and for cause. Examples of causes that may persuade Lavish Lashes», LLC to prohibit use of its products, brand, logo, marketing materials, images, and all forms of training material are, but not limited to: 1) Substandard applications of eyelash extensions and/or unprofessional behavior as determined by company or repeated complaints by customers 2) Offering lash extension service within the same establishment by individuals not certified by Lavish Lashes» LLC 3) Offering service at substandard prices for market area. 4) Revealing of confidential, proprietary or copyrighted information to any other individual. 5) Disclosing or demonstrating any of the techniques or procedural information gathered from Lavish Lashes» LLC, to any other person including but not limited to co-workers, employees, contractors, or associates for a period of two years from the last date of the training provided to you by Lavish Lashes» LLC. INDEMNIFICATION AND WAIVER OF LIABILITY YOU AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY LAVISH LASHES», LLC, ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, INDEPENDENT CONTRACTORS, EMPLOYEES, SUPPLIERS AND LICENSORS (LAVISH LASHES», LLC, ET AL ) 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 LAVISH LASHES», LLC OR ANY OF ITS OFFICERS, DIRECTORS OR AGENTS BASED UPON YOUR USE OR APPLICATION OF LAVISH LASHES» PRODUCTS ON ANY PERSON. YOU ALSO AGREE THAT ANY LIABILITY OF LAVISH LASHES» LLC 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 LAVISH LASHES», LLC FOR THE SPECIFIC PRODUCT AT ISSUE AND THAT WITHOUT THIS RESTRICTION, LAVISH LASHES», LLC WOULD REFUSE TO SELL THESE PRODUCTS TO YOU. IN NO EVENT WILL LAVISH LASHES», LLC OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUPPLIERS AND LICENSORS (LAVISH LASHES», LLC 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 LAVISH LASHES», LLC LASHES. BUYER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LAVISH LASHES», LLC 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 LAVISH LASHES», LLC LIABILITY WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT.
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