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Piercing Academy Agreement

By paying your deposit and signing up for the course, you agree to the terms laid out in this piercing course agreement.

In these Terms and Conditions, “GPA” means Get
Pierced Academy,
 whose registered business is Get Pierced, LLC, owned
by Lorin Parkinson. The “Student” means the person, firm, or company for whom GPA is providing the services and education.

The contract between GPA and the Student shall be concluded
upon the issue by GPA of application acceptance, and payment of the non-refundable deposit by the Student. This will bind the Student to these terms and conditions. No services shall be performed by GPA except in accordance herewith. In the case of any conflict between these conditions and those of the Student, these conditions will prevail.

No other agreement, representation, promise, undertaking or understanding of any kind unless expressly confirmed in writing by an authorized representative of GPA shall add, vary or waive any of these Conditions.

1. Definitions

In this Agreement the following expressions shall have the following meanings: –

“Course” the training course created by GPA’s together with any other services which may be agreed upon by the parties from time to time.

“Fee” means the sum to be charged by GPA for the provision of the Course as advised by GPA at the time of booking or as set out in GPA’s booking confirmation whichever is the later.

2. Provision of the Course

2.1 GPA shall allocate sufficient
resources in order to provide the Course to the Student and shall carry out the provision of the Course with reasonable care and skill.

2.2 Provision of the Course by GPA shall, as far as GPA is able, be in accordance with any dates and times specified in GPA’s confirmation letter but time for performance shall not be of the essence of the contract and GPA reserves the right to alter the date, time or venue of the training. GPA shall not be liable for any delays howsoever caused.

2.3 All Courses must be booked in advance after GPA accepts the Student’s application.

2.4 GPA reserves the right to cancel a Course or terminate a student’s participation from Course in the event that:

    2.4.2 the student is late attending the Course; or

    2.4.3 the student does not
participate satisfactorily in the Course; or

    2.4.4 by reason of the
students’ conduct GPA believes that the student is not capable of
satisfactorily completing the course

    2.4.5 the student’s behavior
is abusive, unreasonable, or dangerous

2.5 If GPA exercises its rights to
cancel a Course pursuant to clause 2.4 before commencement of the Course, then a full refund of the Fee paid by the Student shall be made but if GPA exercises
its rights to terminate a student’s participation in a Course once the Course
has commenced then no refund of the Fee shall be made.

2.6 Upon successful completion of
the Course, GPA will issue the student with a certificate of achievement.

2.7 The training: the training is two full days, agreed upon in advance by both
parties. Lunch is provided by GPA on both days.

  • The first day includes in depth presentations on: the contents of your kit, bloodborne pathogens/sterilization/infection control, review of piercing tools
    & types of jewelry, anatomy, tray set-up, piercing technique, aftercare,
    troubleshooting problems, contraindications for piercing, my resource list (what to get and where to get it), consent forms, aftercare cards, business 101: licensing, liability insurance, marketing, financials, types of payment.
  • Student will then observe GPA perform each piercing on live models.
  • The second day of training, the Student will perform piercings on live models while being observed by GPA.

2.8 The kit includes:

  • Piercing supplies travel bag
  • 100 16g neeldes
  • 100 18g needles
  • Cannula needles
  • 50 16g tapers
  • 50 18g tapers
  • Receiving tubes
  • Clamps
  • Skin markers
  • Alcohol swabs
  • Gauze
  • Qtips
  • 2 squeeze bottles
  • Alcohol
  • Green soap
  • Sterilization bags in two sizes
  • Metal hemostats
  • Metal forceps
  • Metal scissors
  • Cotton pliers
  • Enough jewelry for 75+ piercings
  • Jewelry opening forceps
  • Practice ear
  • Black dental bibs
  • Gloves
  • Sharps container
  • Hair clips
  • Petroleum jelly
  • Hand mirror
  • Caliper for measuring
  • Cavi wipes

The Piercings taught will be: lobes, helix, conch, flat, tragus, forward helix, nostril.

3. Tuition

3.1 The Student herby agrees to pay
GPA a total of $2,800 for the course and kit, as well as purchase an FDA
approved steam autoclave. The Student will be given recommendations on which
autoclave to buy. If the Student is using a payment plan, the Student may
include fees for the course and the autoclave into one payment to GPA.

3.2 Deposit. In order to secure a
training dated, a $500 non-refundable deposit is required upon execution of
this agreement. The remaining balance of $2,300 is due before the class begins.

3.2.1 The
deposit is absolutely non-refundable. The $500 non-refundable deposit shall not be pro-rated based on any Student’s ability to attend a portion of the training. If a Student is unable to attend, the student shall forfeit the $500 non-refundable deposit. Furthermore, the deposit shall not be applied to any future courses or trainings.

4. Student
Obligations

4.1 The Student agrees to the
following:

  • Attend the training on time and for the full hours of class time; if the Student fails to attend the first day of training, the Student will be required to pay the full amount to retrain at a later date.
  • If the Student fails to attend the training and wants to sign up for a different date, the Student will be required to pay the full course amount at the time of sign-up to
    secure a spot in the class.
  • Complete the Bloodborne Pathogens OSHA training prior to class beginning and show proof of completion
  • If the Student has any health conditions that cause uncontrollable shaking, muscle spasms, or any other ailment that would render unsafe piercing conditions, the Student must not enroll in this course.
  • It is the sole responsibility of the Student to contact local and state officials, such as the local health department, to learn about licensing and body art requirements in their area. Different areas have varying laws and rules. GPA is not liable for restrictions in the Student’s area that could prohibit their business.
  • GPA offers no guarantee of success or profitability in the event the Student chooses to pursue piercing as a business

5. Intellectual
Property

5.1 The Parties hereby agree that
ownership of all Intellectual Property Rights subsisting in any documentation, course notes of other training materials which have been developed by GPA are owned absolutely by GPA and the Student shall not make any copies or reproduce the documentation, course notes or training materials howsoever and shall not provide copies of the training materials or documentation to any third party. The Student understands that GPA reserves all rights to pursue legal action if the
Student distributes or copies training materials. GPA can and will file suit
against the Student for distributing or copying GPA’s Intellectual Property.

6.
Warranties and Limitation of Liability

6.1 GPA warrants that it shall
provide the Course in a timely manner, with reasonable care and skill and to
the best of its ability.

6.2 GPA shall not be liable, whether
by way of indemnity or by reason of breach of contract, tort or breach of
statutory duty or in any other manner for any consequential or indirect loss of whatever nature suffered by the Student or for special damages, or loss of profit or of any contract but nothing in this clause shall be construed as
limiting or excluding the GPA’s liability for death or personal injury
resulting from its negligence.

6.3 GPA’s aggregate liability to the
Student whether in contract, tort or breach of statutory duty in respect of any and all direct loss or damage suffered or incurred by the Student shall not exceed a sum equal to the Fee paid in respect of the Course.

6.4 GPA gives no guarantee or
warranty that successful completion of the Course will result in employment nor does it give any guarantee or warranty that its courses will be recognized in the Student’s state/county.

7.
Status

7.1 The relationship of GPA to the Student will be that of independent contractor and nothing in this Agreement shall create, or be deemed to create, a partnership, a joint venture or the relationship of principal and agent or employer and employee between the parties.

8.
Terms, Rescheduling, Substituting Students and Cancellation

8.1 This Agreement shall come into
force on the day that GPA sends its confirmation and shall continue until the Course has been provided by GPA unless or until terminated by either party pursuant to the provisions of this clause 8 of the Agreement.

8.2 GPA may reschedule a Course date
or venue by giving not less than 10 days written notice to the Student or by phone call to the Student.

8.3 The Student has the right to
cancel a Course within 7 days of entering into this agreement. The Student must provide written notice no later than 7 days after the confirmation has been sent. Where written notice of cancellation has been given in accordance with this clause then a full refund of the Fee will be given, less the $500 deposit. GPA does not refund deposits as this fee is immediately used for course costs.

8.4 If the Student wishes to cancel
a Course other than pursuant to clause 3, no refund of the Fee will be given in
the event that a student does not attend the course.

8.5 If the Student wishes to change
the date of attendance on a Course, then it must give a least 14 working days’ notice in writing. Where written notice of the wish to reschedule a Course has been given in accordance with this clause then GPA will attempt to book the Student into a Course on an alternative date at no extra charge. In the event that this is not possible, then no refund of the Fee will be given. The date of attendance may only be changed by the Student on one occasion. Any further requests to change the date of attendance will be treated as a request to cancel and no refund will be given.

8.6 If the Student wishes to
substitute one student for another then it may do so upon approval of GPA. GPA reserves the right to deny the substitute Student.

9. Noncompete

9.1 The Student may not take or use
any content from any of the manuals or written materials provided by GPA to create their own training program or manual. The Student cannot train within a 100 mile radius of the Company. GPA reserves the right to pursue legal action for Intellectual Property usage and distribution without written permission.

10. Agreement

10.1 This agreement among the parties supersedes all prior agreements, whether written or oral. Any amendment must be in writing and signed by both parties.

10.1 This agreement is governed by the laws of the State of Idaho in all respects.

11.
Binding Effect

11.1 This agreement shall be biding upon payment of the deposit by the Student.