TERMS OF SERVICEIt is the student's responsibility to do their own research into licensing etc. as each state has different regulations. This is a cosmetic treatment intended for aesthetic purposes to improve the look of skin and makes no medical claims therefore in many countries it can be performed by beauticians without any special licensing.
TRAINEE COVENANTS AGREEMENT
The trainee (“Trainee”), on behalf of Trainee and all of Trainee’s affiliates, agents, successors and assigns, hereby covenants and agrees with JAPARO, LLC d/b/a BLAZE NEEDLING (the “Company”), as follows:
RECITALS
WHEREAS, the Company is in the business of performing certain cosmetic and related services for its clients, and training individuals to perform such services for unaffiliated third parties;
WHEREAS, Trainee desires that the Company provide basic training services to Trainee in connection with the use of that certain plasma pen instrument used in skin tightening cosmetic procedures for individuals or Hyaluron Pen for lip plumping; and
WHEREAS, as a material inducement to the Company to provide such training to Trainee, Trainee has undertaken to make the representations, warranties, covenants, and agreements set forth in this Trainee Covenants Agreement (“Agreement”).
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereby covenant and agree as follows:
AGREEMENT
1.Proprietary Information. Trainee acknowledges and agrees that, in connection with the training to be provided to Trainee by the Company, the Company shall be furnishing to Trainee certain written materials (in paper and/or digital form) to be used by Trainee to complete such training (collectively, the “Materials”). Trainee acknowledges and agrees that such Materials constitute proprietary, confidential, valuable, special, and unique assets of the Company and/or its affiliates (collectively, “Proprietary Information”). Accordingly, Trainee hereby represents, warrants, and covenants that, with respect to any Proprietary Information to which Trainee has or gains access, Trainee shall maintain such Proprietary Information in the strictest of confidence, will not make copies, summaries, compilations, or extracts of any such Proprietary Information, will not disclose or otherwise grant access to any such Proprietary Information to any third party, and will return all such Proprietary Information to the Company upon the conclusion of Trainee’s training. Trainee hereby expressly acknowledges and agrees that the Proprietary Information of the Company falls under the definition of “trade secret” under the Uniform Trade Secrets Act. Trainee further expressly acknowledges and agrees that the sale or unauthorized use or disclosure of the Proprietary Information, or any other information acquired by or as a result of Trainee's training with the Company, shall constitute unfair competition with the Company and “misappropriation” as defined by the Uniform Trade Secrets Act. Trainee agrees that: (i) Trainee shall not engage in any unfair competition with the Company; (ii) the use of Proprietary Information, whether or not embodied in a writing or document, is nonetheless proprietary to the Company, and any unauthorized use thereof shall therefore constitute unfair competition within the meaning of this Agreement; and (iii) that the unauthorized use of Proprietary Information shall constitute “misappropriation” within the meaning of the Uniform Trade Secrets Act.
2.Release and Covenant Not To Sue.
(a)Release. Trainee, for Trainee and on behalf of Trainee’s successors, heirs, agents, affiliates, and assigns (collectively, the “Trainee Releasing Parties”), hereby forever releases, relieves, and discharges the Company, its affiliates, and each of their respective managers, members, officers, directors, shareholders, employees, contractors, attorneys, accountants, and other representatives and agents, and their successors, assigns, heirs and personal representatives (collectively, the “Company Released Parties”), of and from any and all claims, demands, actions, causes of action, suits, debts, sums of money, controversies, damages, obligations, and liabilities of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, that the Trainee Releasing Parties can, shall, or may have against any of the Company Released Parties by reason of, arising out of, or which may hereafter be claimed to arise out of any matter, cause, or thing whatsoever from the beginning of time to the date hereof, and from and after the date hereof (collectively, the “Released Claims”).
(b)Waiver. The Trainee Releasing Parties acknowledge and agree that the facts in respect to which this release is given may turn out to be other than or different than expected, and expressly waive any and all benefits and rights granted pursuant to Section 1542 of the California Civil Code, with which section each Trainee Releasing Party is familiar and which reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
(c)Unknown Claims. The Trainee Releasing Parties acknowledge that there may exist at this time claims herein released in favor of the Trainee Releasing Parties, the nature of which have not yet been discovered. It is expressly understood and agreed that the possibility that such claims exist has been explicitly taken into account in determining the consideration to be given for this release and that a portion of that consideration, having been bargained for in full knowledge of the possibility of such unknown claims, was given in exchange for this release.
(d)No Assignment. The Trainee Releasing Parties represent and warrant that the Trainee Releasing Parties have not assigned or otherwise transferred any interest in any Released Claim that the Trainee Releasing Parties may have against any of the Company Released Parties hereunder.
(e)Covenant Not To Sue. To the maximum extent permitted by law, the Trainee Releasing Parties covenant not to sue, institute any other proceedings, or make any claim against any of the Company Released Parties for any cause of action based on any of the Released Claims.
3.Confidentiality. Trainee will keep the provisions of this Agreement strictly confidential and, without the prior written consent of the Company, will not disclose any such information to any third party.
4.Non-Disparagement. Trainee shall not, directly or indirectly, at any time, criticize, disparage, or cast in an unfavorable light the Company or any affiliate thereof in any public setting or in any conversation, letter, or other communications with or to (or reasonably likely to be obtained by) any third party.
5.Remedies. In addition to other remedies provided by law or equity, upon a breach by Trainee of any of the covenants contained in Sections 1 through 4 hereof, the Company shall be entitled to have a court of competent jurisdiction enter an injunction against Trainee prohibiting any further breach of such covenants. The parties further agree that the covenants to be performed pursuant to Sections 1 through 4 are of a unique, special, and extraordinary character. Therefore, if any controversy arises concerning the rights or obligations under this Agreement, such rights or obligations shall be enforceable in a court of competent jurisdiction at law or equity by a decree of specific performance or, if the Company elects, by obtaining damages or such other relief as the Company may elect to pursue. Such remedies, however, shall be cumulative and nonexclusive and shall be in addition to any other remedies which the Company may have.
6.Indemnification. Trainee will defend, indemnify and hold the Company, its affiliates and their respective members, managers, shareholders, directors, officers, employees, contractors, agents, attorneys, and their respective personal representatives and affiliates, harmless against any and all damages, liabilities, obligations, fees, penalties, deficiencies, losses and expenses (including court costs and attorneys’ fees) suffered, incurred or sustained by any of the foregoing or to which any of the foregoing becomes subject, resulting from, arising out of, or relating to, any claim, suit or proceeding instituted by a third party relating to any breach or violation of any representation, warranty, or covenant of Trainee herein or of any of the terms of this Agreement by Trainee.
7.Entire Agreement; Amendment. This Agreement constitutes the entire agreement and understanding between the Company and Trainee concerning Trainee's undertakings hereunder, and supersedes any and all previous or contemporaneous agreements or understandings, whether written or oral, between Trainee and the Company concerning such subject matter. This Agreement may not be modified except by a written agreement executed by the Company and Trainee.
8.Arbitration. Except as set forth herein, any dispute arising hereunder shall be resolved by confidential, binding arbitration in Los Angeles County, California before a single arbitrator mutually agreeable to the parties, and if no agreement is reached on an arbitrator, before a single arbitrator from the Judicial Arbitration Mediation Service (J.A.M.S.) and/or ADR Services selected and administered in accordance with the Rules of J.A.M.S. and/or ADR Services then in effect. The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. Judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter or controversy. This provision is subject to Code of Civil Procedure section 1281.8 allowing court proceedings for applications for provisional remedies in disputes otherwise subject to arbitration. The venue of any such court proceedings shall be in the Los Angeles Superior Court and the substantive law of the State of California shall be applied by the Court in any such proceedings. All parties to this Agreement, by entering into it, are giving up their constitutional right to have any dispute decided in a court of law before a sitting judge and jury, and instead are accepting the use of binding arbitration to the fullest extent allowed by law. If any legal action or proceeding is brought for the interpretation or enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions hereof, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding from the non-prevailing party, in addition to any other relief to which it may be entitled.
9.Independent Counsel. Each party acknowledges that it has been represented by independent counsel of its choosing with respect to any and all matters concerning this Agreement, or has voluntarily waived its right to representation for the purposes hereof. Accordingly, no party shall deny the validity of this Agreement on the grounds that it did not have advice of counsel in the negotiation or drafting hereof.
THERE ARE NO REFUNDS ONCE YOU AGREE TO THESE TERMS AND ENTER OUR SITE.