Green Beauty Academy LLC
Waiver and Release of Liability Agreement
This Waiver and Release of Liability Agreement (the Agreement) is entered into on September 15, 2020 by and between the Student, as identified by agreeing to these terms and Green Beauty Academy, a California limited liability company (the Teacher) (Teacher and Student shall be referred to individually herein as a Party, and collectively as the Parties). Teacher provides beauty and wellness training services, including without limitation gua sha facial treatments, skin conditioning, and other related services (collectively, the Trainings), and Student wishes to receive such Trainings subject to the rules and limitations set forth in this Agreement. In consideration of the foregoing and the representations, warranties and agreements set forth below, the Parties agree as follows:
1. Student Certification. To participate in this program Student must be legally certified/licensed to perform skin care and facial treatment services. This is not a course for consumers, only licensed professionals. Acceptable forms of licensure include ethetics, massage therapy, acupuncture, cosmetology and nursing. Student may be currently enrolled in a licensure program and participate in this training, but must graduate and obtain proper licensure before offering treatments. Subject to successful completion of the Trainings, Student will receive a certificate of completion of the Trainings (Certification). Student must not: (a) claim completion of the Trainings, or any of certification by Teacher, without receiving the Certification; and (b) promote any qualifications in the services learned in the Trainings to third parties without Certification unless certification is obtained from another qualified trainer of such service matter. Certification does not grant any certification for giving health or wellness advice, psychological or psychiatric counseling, or coaching to other persons or entities or permit Student to use any teachings learnt at any of the Trainings to create new techniques of their own. Teacher maintains the right to terminate Student’s Certification status upon any breach of this Agreement.
2. Intellectual Property.
2.1 Materials and Sequences. Subject to the terms of this Agreement, Teacher here grants Student a revocable, non-exclusive, and non-transferable license to use the Green Beauty Academy Teaching Manual (the Manual), two (2) Gua Sha tools (collectively, the Tools), and any of the sequences learned at Trainings (collectively, the Sequences) to permit Student to provide services including such Sequences to third parties (collectively, the Services). All other rights to the Manual, Tools, and the Sequences are expressly reserved.
2.2 Teacher Branding. Subject to the terms of this Agreement, Teacher hereby grants Student a revocable, non-exclusive, and non-transferable license to use Teacher’s name and Certification (collectively, the Branding) to promote the offering of Services. All other rights to the Branding are expressly reserved.
3. Acknowledgement; Assumption of Risk. Student acknowledges and understands that: (a) participation in the Trainings may be physically and emotionally strenuous and may result in accident or injury to Student; and (b) the provision of Services to third parties may result in injury to third parties. Student assumes all risks and responsibilities connected with and arising out of: (i) Student’s participation in the Trainings; and (ii) all responsibility resulting from their provision of Services to third parties, including without limitation applicable insurance coverage and licensure where the Services may be provided. Student acknowledges and agrees that the Certification does not replace required licensure and that Student must obtain proper licensure and certification to perform touch therapy and massage in their own locality, state, and country.
4. Payment. Student shall remit payment for the Trainings (Payment) via Teacher’s website. Payment must be received prior to Student’s commencement of the Trainings, and Student will not receive Certification until Payment is received in full. If Student is unsatisfied with the program and can provide proof of participation and completion of assignments, a refund may requested up to 24 hours after registration. If refund is approved, it will be less a 10% administrative fee. Payment shall be non-refundable after this 24 hour window is complete.
5. Representation and Warranties. Student represents and warrants that: (a) Student suffers from no physical, dietary, psychological, or psychiatric impairment that would limit Student’s ability to participate in the Trainings or render Student more susceptible to injury through participation in the Trainings; (b) Student will keep Teacher fully informed of any existing or future-occurring physical, dietary, psychological or psychiatric condition or disability, which would prevent or limit Student’s participation in the Trainings or cause physical or mental injury to Student through participation in the same; (c) Student will immediately notify Teacher of any and all physical, dietary, psychological or psychiatric complaints Student may have resulting from participation in the Trainings; and (d) Student will immediately terminate any practice or activity learned, performed, or acquired in and from the Trainings if Student develops any physical, dietary, psychological or psychiatric symptoms that would risk Student’s physical or mental health.
6. Limitations of Service; Indemnification. Student acknowledges that Student has not and will not render any medical, psychiatric, or psychological services to Service customers including, without limitation, medical, psychiatric, or psychological diagnosis of any condition. Student voluntarily releases, discharges, and agrees to indemnify and hold harmless Teacher from any claim, demand or cause of action of any kind whatsoever for personal injury, property damage or loss of any kind resulting from or related to Teacher’s Trainings or any Services offered by Student.
7. Relationship of the Parties. In the teaching of Trainings, Teacher will in all respects be an independent contractor. Nothing contained in this Agreement will be construed to constitute the Parties as partners, employees, agents or joint venturers of each other. No Party will have the authority to bind the other Party in any respect. Teacher will determine in Teacher’s sole discretion, the manner and means by which Teacher’s obligations under this Agreement are accomplished.
8. Governing Law and Dispute Resolution. The laws of the United States and the State of New York applicable to contracts negotiated and performed in New York will govern this Agreement. Student agrees to first conduct friendly negotiations with Teacher (including mediation if requested by either Party) to resolve any dispute arising out of this Agreement. Student further agrees that any such dispute will be resolved by binding arbitration in New York, New York by one (1) arbitrator agreed upon by the Parties and subject to the American Arbitration Association’s Commercial Arbitration Rules & Mediation Procedures. The prevailing Party in any such proceeding shall be entitled to receive from the other Party the prevailing Party’s reasonable attorneys’ fees and costs incurred in connection with such proceedings.
9. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be illegal, invalid, or unenforceable: (a) that provision will be deemed amended to achieve as nearly as possible the same economic or protective effect as the original provision; and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby.
10. Binding Effect; Assignment. This Agreement will be binding on and inure to the benefit of the Parties hereto and their respective successors, assigns, heirs, and personal representatives; except that Student may not assign Student’s rights and benefits, nor delegate, assign, or subcontract Student’s obligations and duties hereunder without the prior written consent of Teacher. Teacher may assign any or all of its rights and benefits under this Agreement, and delegate any or all the performance of its obligations and duties hereunder without Student’s consent.
11. Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Counterparts may be delivered via facsimile, e-mail (including pdf) or other transmission method, and any counterpart so delivered will be deemed to have been duly and validly delivered and be valid and effective for all purposes.
12. Entire Agreement. This Agreement contains the complete understanding of the Parties with respect to the subject matter hereof and supersede all prior representations and understandings, whether oral or written. The terms of this Agreement will govern all of the services provided by Teacher to Student. No amendment, modification, change or alteration of this Agreement will be effective unless made in writing and signed by a duly authorized officer or representative of each of the Parties.
By checking the box and purchasing this product,all parties have executed this Agreement as of the Effective Date.