Terms of Use

AGREEMENT FOR PARTICIPATION IN CLASS

I agree to the following terms and conditions of this Agreement for Participation in Class (the “Agreement”), related to my training to be provided by Bespoke Permanent Cosmetics, Inc. (“Bespoke” or “Company”) (collectively, the “Parties”):

1. I understand and agree to the following:

A. I have requested to receive training from Bespoke, through the Bespoke Permanent Makeup Training Class (the “Class” or “Training”), in exchange for an agreed upon price of one of the classes below:

Hybrid classes: (In person and online class)

Fundamental

Please note that you must complete an assessment prior to enrollment and the results will determine if you are eligible to sign up for intermediate and advanced classes.

Online Class only:

B. I agree that I will be receiving Bespoke Permanent Makeup Training, to learn the Bespoke Permanent Makeup Technique, as specified below.

C. The Bespoke tuition I am paying is non-transferrable to another person, without the express written permission of Bespoke.

D. I am attending the Class solely for my own benefit and for the benefit of my clients. I agree that I may not assign this Agreement or the Class/Training to anyone, without Bespoke’s express written agreement.

E. I will not take pictures or videos during the training without the express permission of you trainer due to the proprietary nature of the training where since BESPOKE Materials are confidential and trade secrets of Bespoke

F. This Class described below is provided to me, for my own personal and business use and not to train others, whether for money or not. Thus, from the date of this Agreement and for the next 18 Months, I agree not to train others in Bespoke Academy’s techniques, whether or not associated with Bespoke, or with the Bespoke Permanent Makeup Training Class, or with any Bespoke principals, managers or teachers.

G. BESPOKE DOES NOT PROVIDE REFUNDS FOR ANY REASON, see further below. Should I ever seek a refund from Bespoke, to which I am not entitled, I will reimburse, indemnify, and save and hold Bespoke from any attorney’s fees, damages, and all costs associated with it having to defend any such claim, which I agree is not permitted by this Agreement.

2. I understand and agree to the following:

A. I am physically able to work as a Permanent Makeup student and, that

• I am not visually impaired or have any problems with depth perception or mono- or myopic vision; and

• I can see up close fine work without any vision impairment.

I understand that the Hybrid Training course shall consist of the following elements and no others:

-- 2 days live training including course materials

-- Online course to prepare for the live training

-- Assisted work on one model, trainer is shared with other students

-- 12 months ongoing assistance from Bespoke through support groups and via email

--A practice device kit is available upon request for no additional charge. This is included in the price for the training.

I understand that the Online Training course shall consist of the following elements and no others:

-- 1 year of ongoing assistance from Bespoke through support groups and via email. Includes access to monthly zoom classes.

-- 1 year access to the online platform and class materials for my selected training course.

B. I understand that Bespoke in its sole discretion may pair me with any teacher that it chooses, based on availability, skill level, scheduling, and other factors. Bespoke will not pay me a refund if I do not like my assigned teacher or believe that she/he is incompatible with me.

C. During the hybrid class Non experienced students can practice mapping and make up design on their model only, again this will be determined by the student working with your master trainer. Practicing on model to perform permanent makeup is options and available for experienced students only. Non experienced students willing to a PMU treatment will be determined by the Master Trainer.

D. I understand also that no refunds are given after the Training has completed. No refunds are given if I leave early or arrive later any day of Training or if I miss training on any day.

3. I understand and agree to the following:

A. Bespoke seeks to abide by the law in all it does, with students such as me and otherwise. In that regard should I have a question or issue as to any event or circumstance that arises in or outside of class, I will immediately contact the Company through email at [email protected]. I agree that I will work with the Company so that it can first attempt to work out a reasonable solution with me. I will allow Bespoke a reasonable time, no less than ten (10) business days, to resolve any issues that I may have, before pursuing any other dispute resolution. I agree to cooperate with the Company and work to resolve any such concerns, as may be reasonably possible. Should I not permit the Company this reasonable time to resolve any such issues, then I agree to pay for, indemnify, hold harmless, and reimburse Bespoke for all costs that it incurs in defending any such dispute that I raise as to such issues.

B. Should I require any accommodation of the rules of Bespoke and/or of the requirements of this Agreement, for any reason, including any physical or mental disability that I may have (or a model of mine may have), I will bring that matter to the Company’s immediate attention, through email at [email protected] . I agree that I will work with the Company so that it can first attempt to work out a reasonable solution to any accommodation issue that may arise. I will allow Bespoke a reasonable time, no less than ten (10) business days to resolve any issues that I may have, before pursuing any other dispute resolution. Further, I agree to work with the Company in a reasonable and cooperative fashion to present and discuss an accommodation, if one exists, to any issue that I may raise. I understand that I have a responsibility to present the Company with possible accommodations. For its part, Bespoke will work to accommodate disabilities, if an accommodation is reasonably possible and if the accommodation will not pose an undue hardship to the Company, given its classes, training, other students, trainers and other considerations. Through this interactive process, Bespoke and I will look at alternatives that may be available to resolve any disability issue (if such exist), including, without limitation, the waiver of certain costs (such as the cost of the Company providing an alternative model), the provision of a different model by Bespoke, the timing and location of certain classes, and the substitution of trainers. The listing of these possible accommodations does not make any of them necessarily “reasonable” in a given, specific situation. I understand that in some circumstances that no accommodation may be possible. Nonetheless, the Company will consider all accommodations presented to it, depending on the surrounding circumstances, and will work with me to find a reasonable solution, if one exists.

4. I understand and agree to the following:

A. Bespoke, in its sole discretion, can determine that I am unfit to continue in the Training. I understand and agree that, if Bespoke makes this determination, in its sole discretion, I will be asked to leave Training, and I agree to leave Training immediately, whether hybrid or online. I further agree that should Bespoke or any of its principals, managers, or teachers assess, in its/their sole discretion, that it is not safe for me to work on a live model in Class, I will accept this decision and stop all Training. At all times, I agree to follow the direction of Bespoke and/or its principals, managers, or teachers, who will make all determinations about my Training, progress in that Training, and/or any Certificates that may issue. If I am asked to leave Class/Training at any time, there will not be a refund provided. If I am asked to leave Class or Online Training, I agree that I will not receive any Certificate.

5. I understand and agree to the following:

A. BESPOKE IS NOT WARRANTING IN ANY WAY OR FOR ANY PURPOSE THE TRAINING, PRODUCTS (COURSE MATERIALS) OR SERVICES NOTED ABOVE, AND IT EXPRESSLY REJECTS AND DISCLAIMS ALL POSSIBLE IMPLIED OR EXPRESS WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR OR ORDINARY PURPOSE, AND/OR THE WARRANTY OF NON-INFRINGEMENT. ALL PRODUCTS, TRAINING, COURSE MATERIALS, AND SERVICES OF BESPOKE ARE PRESENTED TO ME “AS IS.”

B. NEITHER BESPOKE NOR ITS PRINCIPALS, MANAGERS, AND/OR TEACHERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, PRODUCTS, COURSE MATERIALS, OR TRAINING PROVIDED. FOR EXAMPLE, BESPOKE DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN ITS PRODUCTS, SERVICES, COURSE MATERIALS, OR TRAINING, THE SPECIFIC FUNCTIONS OF THE PRODUCTS, SERVICES, COURSE MATERIALS, OR TRAINING, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET MY NEEDS (OR THE NEEDS OF ANY OTHER STUDENT).

C. I UNDERSTAND AND AGREE THAT BESPOKE MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO ITS TRAINING, COURSE MATERIALS, PRODUCTS, OR SERVICES OF ANY KIND, OR AS TO ANY OTHER MATERIALS, INTERACTION, TRAINING, OR GUIDANCE THAT BESPOKE (OR ITS PRINCIPALS, MANAGERS, AND/OR TEACHERS) MAY PROVIDE TO OR HAVE WITH ME.

D. IN NO EVENT SHALL BESPOKE BE LIABLE UNDER THIS AGREEMENT TO ME OR TO ANY THIRD PARTY (INCLUDING ANY MODEL, ANY OTHER PERSON IN THE CLASS, OR ANYONE ELSE THAT I MAY PROVIDE PERMANENT MAKEUP SERVICES TO) FOR ANY DAMAGES OUTSIDE OF THE COST OF THE TRAINING, AND SPECIFICALLY I CAN NEVER RECOVER FROM BESPOKE ANY OF THE FOLOWING:

CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR PERSONAL INJURY, BUSINESS DISRUPTION, LOSS OF REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR GROSS NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT, AND WHETHER OR NOT EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.I understand and agree to the following:

A. The materials used in Class by Bespoke, including, without limitation, all slides, all graphics, all handouts, all manuals, all photos, all video, all electronic files/data of any kind, and any other data supplied by Bespoke to me or anyone, including all content in the materials noted and all Class instruction, verbal guidance, and the like is collectively “Bespoke Materials.” I further understand and agree that the BESPOKE Materials are confidential and trade secrets of Bespoke, which are not generally known to its competitors and for which it takes great care in keeping secret. Bespoke is providing me access to Bespoke’s confidential and trade secret data only as a part of this Agreement and the promises that I have made herein. I understand and agree that no student (or anyone else) has any rights in any BESPOKE Materials at any time, that I personally have no right to or ownership of any of these BESPOKE Materials or the content of these BESPOKE Materials, except that I have a limited license to use the BESPOKE Materials for my business purpose solely for the provision of Permanent Makeup services to my own personal customers.

7. I understand and agree to the following:

A. To the fullest extent permitted by law, I will not engage in any communications, whether orally or written (hard copy or electronically), which disparage or negatively relate to, rate, mention or refer to, either directly or indirectly, Bespoke, nor will I author, show approval for, or “like” any social media postings, emails, other account entries, etc. that negatively relate to, rate, mention or refer to, either directly or indirectly, Bespoke. Further, I will not encourage any person to engage in any communications of any nature, whether orally or written (hard copy or electronically), which disparage or negatively relate to, rate, mention or refer to, either directly or indirectly, Bespoke. Also, I will not encourage any person to author, show approval for, or “like” any social media postings, emails, other account entries, etc. that negatively relate to, rate, mention or refer to, either directly or indirectly, Bespoke.

B. Each student’s decision to terminate Training with Bespoke is his or her own. As such, I will not encourage any student to terminate Training, nor will I encourage, discuss, solicit, sponsor, fund, induce, or participate in the initiation, prosecution, or pursuit of any claims, refunds, lawsuits, investigations, or other litigation against Bespoke, except as otherwise allowed by law.

8.I understand and agree to the following:

a. This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan.

b. If any provision herein is held to be partially or completely contrary to law and/or unenforceable, this Agreement shall be deemed to be amended to partially or completely modify such provision or portion thereof to the extent necessary to make it enforceable, or if necessary, this Agreement shall be deemed to be amended to delete the unenforceable provision or portion thereof. In the event any provision is so modified or deleted, the remaining provisions shall remain in full force and effect.

c. This Agreement contains the entire agreement between the Parties, and it supersedes all prior agreements, representations, statements, and understandings between the Parties respecting the subject matter hereof. This Agreement may not be amended except by written instrument signed by both Parties. No waiver by a Party of any of the terms, provisions, or conditions hereof or of any breach hereof by the other Party shall be effective unless said waiver shall be in writing and signed by an authorized person or officer of the waiving Party. Further, any waiver by a Party of any breach hereof by the other Party shall not be deemed a waiver of any future breach, whether of similar nature.