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Terms & Conditions

Effective date: 2022-10-31

Updated on: 2022-10-31

TERMS AND CONDITIONS FOR ALCHEMY BEAUTY ACADEMY

Welcome to Alchemy Beauty Academy! These terms and conditions ("Terms") govern your use of our in-person and online classes and programs, workshops, mentoring, and related services (collectively, the "Services"). By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

  1. Enrollment and Registration

    1.1 To enroll in any of our courses or programs, you must complete our registration process and pay the applicable fees.

    1.2 Alchemy Beauty Academy reserves the right to refuse any enrollment or registration in our sole discretion.

  2. Fees and Payment

    2.1 All fees for our Services are set forth on our website or provided to you in writing prior to enrollment.

    2.2 Payment must be made in full prior to the start of any course or program.

    2.3 We reserve the right to modify our fees at any time with or without prior notice to you.

  3. Cancellation and Refunds

    3.1 Cancellation of enrollment in any course or program must be made in writing and received by Alchemy Beauty Academy at least 14 days prior to the start of the course or program.

    3.2 Due to the nature of online and in-person education, no refunds will be issued for any cancellation received less than 14 days prior to the start of the course or program, or for any withdrawal or absence once the course or program has started.

    3.3 Alchemy Beauty Academy reserves the right to cancel or reschedule any course or program, and to provide a deferment or pro-rated refund in such event.

    3.4 For mentoring sessions and private lessons, the Company operates a strict 24-hour cancellation notice policy. All and any cancellations made within 24 hours of the online coaching session will not be refunded. All other cancellations will be refunded in full or rescheduled at the Company and Client’s mutual discretion.

    3.5 For the mentorship membership, clients can try our program for 30 days, risk-free. If the client gives their all, completes the homework, check-ins, and schedules their first live session but is not satisfied, they can part ways with no hard feelings. The Company will reimburse their paid pro-rated membership within 90 days and wish them well.

    3.6 The Company reserves the right to cancel or reschedule any mentoring session, private lesson, or mentorship membership for any reason. In the event of such cancellation or rescheduling, the Company will provide notice to the Client and reschedule the session or refund any fees paid, at the Company's discretion.

    3.7 In the event that any money is owed to the Company by the Client, the Company reserves the right to recover such debt through legal means. The Client shall be responsible for all costs incurred in debt recovery, including but not limited to court fees and legal expenses.

    3.8 Workshops are final sale. No refunds will be given. It is up to the Company's sole discretion if and when credit towards a future workshop may be given.

  4. Affiliate Program:4.1 The Alchemy Beauty Academy Affiliate Program allows participants to earn a commission by referring new customers to the Company. 4.2 Participants must be approved by the Company to join the Affiliate Program. 4.3 Participants agree to promote the Company's products and services in a lawful and ethical manner. 4.4 Participants are responsible for ensuring that their promotional activities do not infringe on any third-party rights, including but not limited to intellectual property rights. 4.5 Participants are responsible for ensuring that their promotional activities comply with all applicable laws and regulations. 4.6 Participants will receive a commission on all sales resulting from their referral, as outlined in the Affiliate Program agreement. 4.7 The Company reserves the right to terminate the Affiliate Program at any time, for any reason, without notice to the participants. 4.8 The Company reserves the right to terminate any participant's participation in the Affiliate Program at any time, for any reason, without notice or liability. 4.9 Participants are responsible for keeping their account information up-to-date, including but not limited to payment information and contact information. 4.10 Participants are responsible for any taxes or other fees associated with their participation in the Affiliate Program. 4.11 The Company shall not be liable for any indirect, incidental, special, or consequential damages arising from participation in the Affiliate Program. 4.12 Participants shall indemnify and hold harmless the Company and its affiliates from any claims, damages, or liabilities arising from their participation in the Affiliate Program. 8.13 The Affiliate Program is subject to these Terms and Conditions, and any additional terms and conditions as outlined in the Affiliate Program agreement. 

  5. Intellectual Property

    5.1 All materials and content provided as part of our Services, including but not limited to course materials, videos, and written content, are the property of Alchemy Beauty Academy and are protected by copyright laws.

    5.2 You may not use, reproduce, distribute, or modify any of our materials or content without our prior written consent.

    5.3 You may use our materials and content solely for your own personal, non-commercial use in connection with the Services.

  6. Confidentiality

    6.1 Alchemy Beauty Academy may share with you certain confidential information related to our Services, including but not limited to our methods, techniques, and processes.

    6.2 You agree to keep such information confidential and not to disclose it to any third party without our prior written consent.

  7. Disclaimer of Warranties

    7.1 Our Services are provided "as is" without any warranty of any kind, whether express or implied.

    7.2 Alchemy Beauty Academy does not warrant that our Services will meet your requirements or that they will be uninterrupted, error-free, or free of viruses or other harmful components.

    7.3 Alchemy Beauty Academy shall not be liable for any damages arising from your use of our Services.

  8. Limitation of Liability

    8.1 To the maximum extent permitted by law, Alchemy Beauty Academy shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to our Services.

    8.2 In no event shall Alchemy Beauty Academy's liability exceed the fees paid by you for the Services.

    8.3 Alchemy Beauty Academy shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused by events beyond our reasonable control.

  9. Governing Law and Jurisdiction

    9.1 These Terms shall be governed by and construed in accordance with the laws of the state where Alchemy Beauty Academy is located.

    9.2 Any dispute arising from or related to these Terms shall be resolved exclusively in the state or federal courts located in the state where Alchemy Beauty Academy is located.

  10. Modifications 

     10.1 Alchemy Beauty Academy reserves the right to modify these Terms at any time, in our sole discretion.

    10.2 Any changes to these Terms will be effective immediately upon posting on our website or notifying you by email.

    10.3 Your continued use of our Services after any such changes constitutes your acceptance of the revised Terms.

  11. Miscellaneous

    11.1 These Terms constitute the entire agreement between you and Alchemy Beauty Academy and supersede all prior agreements and understandings, whether written or oral.

    11.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

    11.3 The failure of Alchemy Beauty Academy to exercise any right or remedy provided in these Terms shall not be deemed a waiver of such right or remedy.

    11.4 You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.

    11.5 We may assign or transfer any of our rights or obligations under these Terms without your prior written consent.

    11.6 These Terms are binding upon and shall inure to the benefit of each party's respective successors and assigns.

    11.7 Any headings or titles in these Terms are for convenience only and shall not affect their interpretation.

Affiliate Program Agreement

Effective date: 2022-10-31

Updated on: 2023-4-27

AFFILIATE PROGRAM AGREEMENT

This Affiliate Program Agreement ("Agreement") is made and entered into by and between Alchemy Beauty Academy, a(n) [insert legal entity type] organized under the laws of [insert jurisdiction] ("Company") and the affiliate participant ("Affiliate") identified in the Affiliate Program application ("Application").

WHEREAS, the Company offers various products and services related to the beauty industry; and

WHEREAS, the Affiliate is interested in promoting the Company's products and services in exchange for a commission on sales generated by their referrals;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

  1. Affiliate Program

    1.1 The Company operates an Affiliate Program, which allows approved participants to refer customers to the Company's website, products, and services in exchange for a commission on sales resulting from their referrals.

    1.2 Affiliate acknowledges and agrees that the Affiliate Program is subject to the terms and conditions set forth in this Agreement, as well as any additional terms and conditions outlined in the Affiliate Program application.

  2. Approval

    2.1 Participation in the Affiliate Program is subject to approval by the Company. The Company reserves the right to approve or deny any application, for any reason, without notice or liability.

    2.2 By submitting an Application, Affiliate represents and warrants that Affiliate has the legal capacity to enter into a binding agreement and will comply with all applicable laws and regulations.

    2.3 The Company reserves the right to terminate Affiliate's participation in the Affiliate Program at any time, for any reason, without notice or liability.

  3. Promotion

    3.1 Affiliate agrees to promote the Company's products and services in a lawful and ethical manner, and to comply with all applicable laws and regulations.

    3.2 Affiliate agrees not to engage in any activity that may harm the reputation of the Company or its affiliates, including but not limited to spamming, black-hat SEO, or deceptive advertising.

    3.3 Affiliate agrees not to engage in any activity that may infringe on any third-party rights, including but not limited to intellectual property rights, privacy rights, or publicity rights.

  4. Commissions

    4.1 Affiliate will receive a commission on all sales resulting from their referral, as outlined in the Affiliate Program application and/or portal.

    4.2 Commissions may be subject to change at the discretion of the Company, with notice provided to Affiliate in advance.

    4.3 The Company will pay commissions owed to Affiliate according to the payment terms outlined in the Affiliate Program application and/or within 45 days.

  5. Termination

    5.1 The Company reserves the right to terminate the Affiliate Program at any time, for any reason, without notice to the participants.

    5.2 In the event of termination, Affiliate will be paid any outstanding commissions earned up to the date of termination, subject to any applicable payment thresholds and payment terms.

    5.3 The Company reserves the right to terminate any participant's participation in the Affiliate Program at any time, for any reason, without notice or liability.

    5.4 In the event of termination, Affiliate will be paid any outstanding commissions earned up to the date of termination, subject to any applicable payment thresholds and payment terms.

  6. Confidentiality

    6.1 Affiliate agrees to keep all confidential information related to the Affiliate Program and the Company confidential, including but not limited to commission rates, payment schedules, and customer information.

    6.2 Affiliate may not use any confidential information for any purpose other than promoting the Company's products and services.

  7. Taxes

    7.1 Affiliate is responsible for any taxes or other fees associated with their participation in the Affiliate Program, and agrees to comply with all applicable tax laws and regulations.

  8. Limitation of Liability

    8.1 The Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with Affiliate's participation in the Affiliate Program, including but not limited to lost profits or lost business opportunities.

    8.2 The Company's total liability to Affiliate for any cause whatsoever, and regardless of the form of the action, shall be limited to the total amount of commissions paid to Affiliate during the six (6) month period immediately preceding the date of the event giving rise to such liability.

  1. Indemnification

    9.1 Affiliate agrees to indemnify and hold harmless the Company and its affiliates, officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Affiliate's participation in the Affiliate Program, including but not limited to any claims of infringement of any third-party intellectual property rights.

  2. Governing Law and Jurisdiction

    10.1 This Agreement shall be governed by and construed in accordance with the laws of [insert jurisdiction], without regard to its conflict of law provisions.

    10.2 Any dispute arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the State of California, with the arbitration to take place in San Diego.

    10.3 The prevailing party in any such arbitration shall be entitled to recover its reasonable attorneys' fees and costs.

  3. Entire Agreement

    11.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, whether written or oral, concerning the subject matter hereof.

    11.2 This Agreement may not be amended or modified except in writing signed by both parties.

  4. Notices

    12.1 Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed given upon receipt, if personally delivered; upon receipt, if sent by email; or three (3) business days after being sent by registered or certified mail, postage prepaid, return receipt requested.

COMPANY: Alchemy Beauty Academy 

4141 Jutland Drive #335, San Diego, CA 92117

By: Hollie Berry & Kimm DiCato, Co-Founders 

Email: [email protected]

Website:

www.alchemybeautyacademy.com

Date: 4/27/23