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GENERAL RELEASE, WAIVER OF LIABILITY AND NON-DISCLOSURE AGREEMENT (the “Release”)
IN CONSIDERATION OF MY PARTICIPATION AS A STUDENT IN (“TRAINING”), I UNDERSTAND THAT I AM BEING ASKED TO CAREFULLY READ EACH OF THE FOLLOWING PARAGRAPHS. I UNDERSTAND THAT IF I WISH TO DISCUSS ANY OF THE TERMS CONTAINED IN THIS AGREEMENT, I MAY CONTACT THE NANOGLOW – EUROPEAN COSMETICS ACADEMY LLC, USA OFFICE AT 2201 W Atlantic Ave Delray Beach FL 33445.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned agree and covenant, on behalf of themselves and on behalf of their past and present officers, directors, principals, agents, representatives, successors, predecessors, parents, subsidiaries, owners, employees, heirs, spouses, dependents, executors, consultants, attorneys, fiduciaries, trustees, trusts, shareholders, members, investors, successors, affiliates, and assigns (collectively, the "Releasors"), to remise, release, and forever discharge and covenant not to sue NanoGlow – European Cosmetics Academy LLC, and its past and present principals, agents, representatives, successors, predecessors, employees, heirs, spouses, dependents, executors, consultants, attorneys, fiduciaries, trustees, trusts, successors, and assigns (collectively, the "Releasees"), and each of them, from and in respect to any and all claims, allegations, causes of action, and requests for relief and any other potential claims, causes of action, sums of money, accounts, reckonings, bonds, bills, liens, specialties, covenants, contracts, controversies, rights and liabilities, of whatever kind, whether based on any federal, state or foreign law or other right of action, direct, indirect, derivative or representative in nature, foreseen or unforeseen, matured or unmatured, known or unknown, contingent or fixed, that any of the Releasors ever had, now have or hereafter can, shall or may have against the Releasees based on any facts, circumstances, actions or events that existed, arose or took place from the beginning of the world to the Execution Date of this General Release, related to or arising out of Releasors' participation in Training, weather in person or in online format.
The signatories below represent and warrant that each signatory has not assigned, transferred, or hypothecated, or purported to assign, transfer, or hypothecate, to any person, firm, corporation, association, or entity whatsoever any of the claims released herein. The signatories below hereby agree to indemnify and hold harmless the Releasees against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, costs, expenses (including attorneys' fees), causes of action, and judgments based on, arising out of or connected with any such transfer, assignment, or hypothecation, or purported transfer, assignment or hypothecation. The signatories below further declare and represent that no promise, inducement, or agreement not herein expressed has been made to the signatories, that each has been adequately advised, and that the terms of this Release are contractual and not a mere recital.
The Releasors acknowledge that the Training is potentially hazardous and involves certain risks, including the risks of serious bodily injury, death and property damage. The Releasors assume full and sole responsibility for bodily injury, death, or property damage arising out of or related to the Training, whether caused by the negligence of the Releasees or otherwise.
Releasors AGREE THAT THIS RELEASE, WAVIER OF LIABILITY, AND ASSUMPTION OF RISK EXTENDS TO ALL ACTS OF NEGLIGENCE BY RELEASEES, AND IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF THE LOCATION OF THE NANOGLOW – EUROPEAN COSMETICS ACADEMY LLC and that if any portion thereof is invalid, agrees that the balance shall, notwithstanding, continue in full legal force and effect. This
Release sets forth all agreements and understandings of Releasors with respect to the subject matter hereof.
The Releasors agree to abide by Releasee’s safety program, criteria and requirements at the Training and agrees to follow all safety instructions and directions provided before and during training by Releasee at the Online Training. The Releasors further declare and covenant that the Releasors has not been influenced in any manner, or to any extent, in making this Release by any representations or statements regarding damages, or regarding any other matters, by the Releasees, or by any person or attorney(s) representing them, or any of them individually, or by anyone employed by them.
Releasors agrees to hold the disclosing party's Confidential Information in strict confidence in accordance with this Release.
Confidential Information is defined as all documents, acts, occurrences, and circumstances related to or arising out of Releasors participation in the Online Training.
Releasor agrees not to disclose any Confidential Information to third parties without any prior, written consent of the other party except as expressly permitted in this Release. The parties may disclose the Confidential Information to their accountants, attorneys, and pursuant to court order. Releasor agrees and acknowledges that the Online Training and the related course material will disclose to Releasor proprietary information belonging to NANOGLOW – EUROPEAN COSMETICS ACADEMY LLC, said proprietary information consisting of, but not limited to technical and fundamental information related to subjects covered in the online training. Releasor agrees to exercise at least the same care in protecting the disclosing party's Confidential Information from disclosure as the receiving party uses with regard to his own Confidential Information (but in no event less than reasonable care).
In consideration of receiving the proprietary information of the Online Training and related course material, Releasor declares that:
1. He/she is purchasing the Online Training class and relate course materials for their own personal benefit and no one else.
2. He/she is has not been asked by anyone else to purchase Online Training class for their benefit.
3. He/she is not employed by a dealer or broker.
4. He/she is will never use the information contained in the Online Training class for the benefit of any employer, present or future.
5. He/she is will not disclose to others any content of the Online Training course in any form without express written permission from NANOGLOW – EUROPEAN COSMETICS ACADEMY LLC.
6. He/she is agreeing not to share his/her sign-on information and any website access with any other person.
7. He/she is will not train others with the knowledge contained in the Online Training course and the related course material, nor is he/she affiliated, either directly or indirectly, with any organization involved in training or teaching techniques and materials offered by NANOGLOW – EUROPEAN COSMETICS ACADEMY LLC.
8. He/she is understands that should he/she intentionally or unintentionally allow others access to the content of the online information related to the Online Training course and related course material or share training content or teach others without being authorized by NANOGLOW – EUROPEAN COSMETICS ACADEMY LLC in writing to do so, he/she will be both personally and financially responsible for their Online Training course fees as well as the Online Training course fees of any subsequent individuals who in turn are given any of the content of the Online Training course and the related course material.
In the event of a breach of any of these conditions, Releasor agrees that NANOGLOW – EUROPEAN COSMETICS ACADEMY LLC may notify any third party of the existence of this Non-
Disclosure Agreement, and NANOGLOW – EUROPEAN COSMETICS ACADEMY LLC shall be entitled to full injunctive relief for any breach including, but not limited to, the relief outlined in
Releasor covenants and agrees that for a period of eighteen (18) months from the Execution Date of this Release, he/she shall not, either directly or indirectly, without the prior written consent of the Releasee, on his/her own behalf or in the service or on behalf of others (i) teach the techniques learned during the online training for compensation or otherwise, (ii) derive any gain from teaching the techniques learned during the Online Training course, and (iii) use or copy of any materials used during the Online Training course for teaching purposes of others for compensation or otherwise.
The content of the online training and corresponding materials contain nudity not appropriate for children. Some nudity materials in explanatory videos include specially treatments in
intimate areas, and they are very graphic created only for training and learning how to perform the treatment purposes. If you believe that you will find the materials to be inappropriate, you may choose to not participate in that part of the training.
Unlimited Personal Image Release Agreement
I irrevocably grant to NanoGlow – European Cosmetics Academy LLC and its assigns, licensees, and successors the right to use my image and name in all forms and media including composite or modified representations for all purposes, including advertising, trade, or any commercial purpose throughout the world and in perpetuity. I waive the right to inspect or approve versions of my image used for publication or the written copy that may be used in connection with the images.
I release Releasees and Releasees’ assigns, licensees, and successors from any claims that may arise regarding the use of my image, including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright. Releasees is permitted, although not obligated, to include my name as a credit in connection with the image.
Company is not obligated to utilize any of the rights granted in this Agreement. I have read and understood this agreement and I am over the age of 18. This Agreement expresses the complete understanding of the parties.
NanoGlow European Cosmetics Academy LLC reserves the right to change or cancel any courses due to exigent circumstances. In the case of such a situation, alternative course dates will be offered. Conversely, a full refund may also be selected. Refunds may take 7-10 days to process.
It is the student’s0r2e-10s-2p0o21n0s4:i3b8:i2l8ity to research the local and state laws regarding licensing and
operation. NanoGlow European Cosmetics Academy LLC is in no way responsible for legal advice regarding1la4w7s8 tKhialitkginoaveSrtn city, county, state or country.
Tuition fees and online store prices may be subject to change.
NanoGlow European Cosmetics Academy LLC does not provide refunds for online class purchases regardless of a reason. Further, NanoGlow is not legally responsible or liable for any practices or products used that may or may not result in a positive outcome. Once a course has been paid for and we already gave you access to the training, we will not issue refund for any reason. Before considering any Training Course, read through the course description and payment policy
Before course completion, note that there are no refunds on any completed or uncompleted courses. Miscellaneous
This Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital.
This Release shall be governed and construed under and in accordance with the laws of the State of Florida, both substantive and remedial, and shall be construed and enforced in accordance with the laws of Florida without regard to conflicts of law provisions.
The Releasor further expressly agrees that the foregoing release and waiver of liability agreement is intended to be as broad and inclusive as permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Any and all actions arising from or relating to this Release shall be commenced in the Eleventh Judicial Circuit in and for Palm Beach County, Florida.
In the event of any litigation or arbitration arising out of any breaches of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees from the non- prevailing party, including fees incurred on appeal.
I HAVE READ THIS RELEASE, WAIVER OF LIABILITY, AND NON-DISCLOSURE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO COMPLETELY AND UNCONDITIONALLY RELEASE ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.