Terms & Conditions for Students mish May 26, 2020

Terms & Conditions for Students

  1. General

1.1 –  By depositing, you agree that you have read and understood these terms and conditions and agree to be bound by these terms.

1.2 –  We reserve the right to amend, add or delete any or all of the terms and conditions at any time without any prior notice.

1.3 –  If for any reason Valentine Artistry (“VA”) is not capable of running a training class (“Class”) as planned, whether caused by failure of equipment or information technology, line drop out, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of VA which corrupt or affect the administration, security, fairness or integrity of VA, VA reserves the right in its sole discretion, (subject to any written direction given by relevant regulatory authorities), to cancel, terminate, modify or suspend the Class subject to notice provided to students.

1.4 –  In the circumstance that the Class cannot be held, we will reschedule (if we deem it is plausible) the Class with you via a telephone call, text message, email or other forms of electronic communication.

1.5 –  If any of these Terms and Conditions is determined to be unlawful, unenforceable or void, only the relevant term or condition, or the part of the term or condition, that is unenforceable will be excluded from these Terms and Conditions.

1.6 –  Our failure to exercise any right under these Terms and Conditions does not constitute a waiver of that right or prevent the exercise of any other right.

2. Qualification of a Student

2.1 –  You may not participate in our Class if:

(a) you are under the age of 16; and

(b) you are not enrolled in Accredited Government Infection Control Certificate.

2.2 –  We are not bound to provide, and we will not provide, the Class to you until sub-paragraphs 2.1 (a) – (b) above have been satisfied.

2.3 –  We reserve the right to confirm your identity using identification documents i.e. driver’s license, passport and/or confirm the completion of the Infection Control Certificate with your nominated provider.

2.4 –  If we determine that your participation in the Class may not be suitable given the information you have provided, we reserve our right to refuse to offer the Class to you.

3. Consent

3.1 –  You understand, agree and consent to the following:

(a) you will be courteous at all given times during the Class to other students, staff members of VA and models;

(b) you will partake in tattooing the models provided by VA and/or models provided by you;

(c) the items in the Full Kit provided by VA is subject to change or updated;

(d) if you have any issues regarding the Class, you will consult with the staff members of VA directly either during or after class; and

(e) you consent to have your photo was taken and the work that you have conducted during and/or after the Class by VA to which may be used, from time to time, on our social media page.

4. Non-Provision of the Class

4.1 –  We may refuse to provide the Class at any time if, for reasons other than those set out in Term 2, we in our sole discretion decide to do so. If we terminate the Class in these circumstances, the terms of Term 5 & Term 7 below will apply.

5. Refusal of an Order for the Class

5.1 – We, in our sole discretion and without having to provide a reason to you, may refuse to allow you to participate in the Class.

6. Price and Payment

6.1 –  Our price of the Class is listed on our Brochure/Website.

6.2 –  Acceptance is made for the Class upon payment of the initial deposit for the quote provided by VA.

6.3 –  VA reserves its right to alter the Price of the Class in accordance with condition 1.2, prior to acceptance.

6.4 –  An initial deposit of $2000.00 is required to be paid to confirm your position in the Class. 

The balance of the payment for the Class is due two weeks prior to the commencement of the Class.

6.5 –  An initial deposit of $3,000.00 is required to be paid to confirm your position in the Class if you selected the payment plan option. The balance of the payment for the Class is due at the end of your course advised on your invoice and your proposed dates. Failure to do so will result in forfeiting your certification and forwarded to debt collection.

6.6 – In the case of late payments, VA reserves the right to charge/process late admin, general admin fee.

6.7 –  Payment can be made via Cash, EFT or via the EFTPOS machine on the premises.

7. Refunds, Cancellations & Rescheduling

7.1 –  If after your initial deposit, you wish to cancel, your initial deposit is non-refundable.

7.2 –  VA reserves its right, in its sole discretion, to have your initial deposit refunded. This is on a case to case basis and, in special circumstances, will this be refunded.

7.3 –  If you become aware that you are unable to attend the Class, you must inform us at least two weeks prior to the Class. Failure to provide adequate notice (by email, call or text) will result in your initial deposit being forfeited.

7.4 –  In the event that you are unable to attend the Class and you have complied with condition 7.3, VA will reschedule your Class in accordance with the next available date on our calendar.

8. Liability & Indemnity

8.1 –  Our liability to you is limited to:

(a) In the event that, in providing the Class to you, we breach any of the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth) (“the Act”), and at our sole discretion, the supply of the Class again or the cost of having the Class supplied again; and

(b) in any other circumstance, and to the fullest extent permitted by law, and at our sole discretion, the supply of the Class again or the cost of having the Class supplied again.

You acknowledge and agree that, to the fullest extent permitted by law:

(c) we will not be liable for, and you indemnify us against, any consequential loss or damage suffered by you or any other party as a direct or indirect result of us providing the Class to you; and

(d) nothing in these Terms and Conditions has the effect of contracting out of the Act.

8.2 –  If you breach any of these terms, you indemnify us against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against us or suffered by us arising from your breach of these Terms and Conditions.

9. Warranties & Guarantee

9.1 –  Whilst every care is taken to ensure that the Class we provide is to the highest possible standards, we make NO guarantee or warranty of the learning capabilities of each student.

9.2 –  The Class is provided on an “as is” and “as available” basis with no express or implied warranty or conditions as to merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

10. Students Responsibilities

10. 1 – All students, throughout their training and involvement with VA, are expected to: 

          • Treat all people with fairness and respect and not do anything that could offend, embarrass or threaten others. 
          • Not harass, victimise, discriminate against or disrupt others.  
          • Treat all others and their property with respect.  
          • Respect the opinions and backgrounds of others.  
          • Follow all safety policies and procedures as directed by staff.  
          • Report any perceived safety risks as they become known.  
          • Not bring into any premises being used for training purposes, any articles or items that may threaten the safety of self or others.  
          • Notify us if any of their personal or contact details change.  
          • Provide relevant and accurate information to VA in a timely manner. 
          • Approach their course with due personal commitment and integrity. 
          • Complete all assessment tasks, learning activities and assignments honestly and without plagiarism or infringing on copyright laws. 
          • Hand in all assessment tasks, assignments and other evidence of their work with a completed and signed cover sheet via email or in person. 
          • Make regular contact with their Trainer/Assessor. 
          • Prepare appropriately for all assessment tasks, visits and training sessions. 
          • Notify VA if any difficulties arise as part of their involvement in the program. 
          • Notify VA if they are unable to attend a training session for any reason at least 48 hours prior to the commencement of the activity. 
          • Make payments for their training within agreed timeframes, where relevant.

11. Models

11.1 –  Whilst using our studio for model training, the student must take duty of care of the ‘Models’. VA will not be liable for any damages, injuries and indemnity from students performance on Models. This is solely the responsibility of the student.

11.2 –  Its is a part of students training to source their own models. VA may help source models for students and must be given at least 2 weeks notice. 

11.3 –  All models brought into VA salon will include a model fee paid by ‘Model’. Student must provide full discretion of training status to any new models.

12. Regulation and Licensing

12.1 – Students acknowledge that Cosmetic Tattooing, body art, or permanent makeup procedures may be regulated by the local and/or state regulatory agencies of the Student anxd that registration and or licensing may be required by a governing regulatory agency to provide Cosmetic Tattooing, body art, or permanent makeup services to the general public. Students further acknowledge it is their sole responsibility to be compliant with any applicable licensing and/or registration requirements.

The certificate is awarded based on training providers knowledge and assessment of students’ performance.

13. Training, Non-Competition and Non-Solicitation

13.1 – Student acknowledges and agrees that for a period of two (2) years from the completion of training that Student and/or its assigns shall not solicit any engagement that directly or indirectly competes with the training or education services offered by Training Provider, either for its own account, as a partner, adviser, shareholder, director, student, consultant, or any other compensated or uncompensated position or as the agent of any cosmetic training company.

14. Non-Disclosure Agreement (Information Confidentiality):

14.1 – During the term of this Agreement and thereafter for a period of three (3) years, Student agrees that it shall not, without the prior written consent of the Training Provider, disclose any instruction of the permanent makeup procedures and techniques provided by Training Provider.

14.2 – Student agrees not to share, trade, sell or otherwise disclose any intellectual property from Training Provider’s: Artistry Academy Training Manual. Such property includes the permanent makeup procedures such as Training others online, print, video or in person, or hands on with models including the hand method of permanent makeup, but not limited to, the terms and scope of this agreement for the following Cosmetic Pigmentation techniques: Brow Mapping (measuring and shaping brows), Various Brow Designs from paper to live models, Online content, Skin Stretching, Numbing techniques, Post care & Healing techniques, Shading, Needle Theory, education material examples and assignments.

Student acknowledges and agrees to comply with the following statements:

    • I am not enrolled as a Student under this agreement to become a trainer of the techniques taught by the Training Provider.

    • In the case that I am a trainer or plan to train others in permanent make-up with-in the next three years. I have attached full disclosure in writing of why I am attending a Training Provider’s course.

    • I understand and agree that all handouts, materials and content used in class are property of Valentine Artistry Academy Training protected under the Australian Copyright Act.

    • I am not attending this course for the benefit of sharing information and I will not share course information with other trainers or training organisations.

    • I will not reproduce materials in any form or manner for any reason, commercial or otherwise without the prior written authorisation of the Training Provider.

15. Copyright & Trademark

15.1 –  The contents of these Terms and Conditions are protected by copyright. All rights are reserved.

Copyright arises at the time that subject matter is reduced to a material form. There is no requirement for the copyright to be registered with a government agency for it to be protected, nor is it necessary to apply the © symbol to the work for it to be protected.

We own and retain the copyright, trademarks and other intellectual property rights in the materials posted on our website and social media including (but not limited to) watermarked photos, pictures and videos. Unless you are otherwise expressly authorised by us, you may only use this site for personal use. You may not sell or otherwise commercially exploit any information available on this site.

If you submit material to us in connection with your use of any of our client’s social media, you thereby assign all intellectual property rights in that material to us. You must not submit material to our social media if a third party has any intellectual property rights in that material.

All students are expected to abide by this Code of Conduct during their participation in their course with Valentine Artistry. Students who do not abide by this Code of Conduct will be followed up through the disciplinary procedures 

16. Governing Law

16.1 This Agreement will be governed by and construed in accordance with the laws of the Commonwealth state of Victoria.