Terms of Participation
Be advised that when you purchase this product, you are entering into an Agreement with the American Academy of Body Contouring, Ltd, dba the Body Contouring Academy, hereinafter referred to as “Company,” ‘we,’ and “us,” and upon entering this Agreement, you agree to the Terms and Conditions stated herein.
Company agrees to provide this digital course, hereinafter referred to as the “Program” or “course,” as identified in the online commerce shopping cart and the Company website. You agree to be bound by and to act in accordance with all policies and procedures outlined, and incorporated by reference, in this Agreement, as a condition for participating in the Program. You may not assign any rights given you arising out of this Agreement without express written consent of the Company.
Other Agreements Incorporated
Access to Program
Company shall provide a password protected area that may include video, audio and written lessons, worksheets, slide decks, templates, checklists, and other training and educational information. You shall have access to the Program and Program password protected area for as long as the Program exists; in no event less than 90 days. Company shall provide you with a 30-day notice and the ability to download resources contained in the Program password protected area in the event Company chooses to close the Program. Company may make periodic updates to the Program, and you will have access to those materials.
Company may offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time you enroll, but Bonuses are not guaranteed for the entire lifespan of the Program, and they may change, be limited, or removed throughout the lifespan of the Program.
You understand and agree that Shannon and Kay, hereinafter referred to as “Mentors,” and/or Company, are not acting as your business manager, lawyer, nurse, doctor, employee, agent, therapist, marketing or public relations manager, accountant, or in any other personal or business capacity. You understand and agree that you should always consult your own legal, medical, marketing, and business advisors who can offer you personalized guidance.
In consideration for your access to the Program, you agree to pay the fees in total, whether you pay with a single payment or you elect to make 3 monthly payments. Your single payment is due immediately. Your first of 3 payments is due immediately. You understand if you elect for 3 monthly payments, your second and third payments are due and will be charged to you on a monthly basis as set forth below.
You understand and agree you may not cancel or otherwise avoid any of these payments. In the event that any payment is not made, Company shall immediately suspend your access to the Program. Suspension for failure to pay shall result in your loss of access and registration for the Program and all rights associated with Program.
By entering into this agreement, and by providing your credit card or debit card information, you hereby agree to pay for the Program in full, and authorize the Company to charge your credit card or debit card for the Program. If you elect the payment plan of 3 payments, you hereby authorize the Company to charge your credit card or debit card automatically each month until your payments have been made in full.
If your credit card or debit card is declined for one of these payments, you must provide a new payment method within no more than 24 hours or your access to the Program will be removed.
You are required by this agreement and the law to complete all payments of your payment plan. You understand your obligation will continue and you authorize us, without notice to you unless required by applicable laws, to collect any and all outstanding payments, using any eligible payment method we have on record for your account for any length of time.
We want you to be satisfied with your purchase. Subject to the terms of this agreement, you have lifetime access to the course. Because Company provides full course materials and all attachments for the program upfront immediately after payment is made, Company has a strict no refund policy.
No Transfer of Intellectual Property Rights
All content in this Program is the property of the Company and is protected by intellectual property laws. You shall not share any content or information provided by Program without the express written permission from the Company. The content of the Program contains the following proprietary property of Company, methods, forms, templates, processes, systems, and other information. You agree and understand that you may not share the information provided to you by the Company, both through the Program and/or the Coaching on-Demand, if applicable, with anyone.
You have a right to use information provided to you through the Program, but your participation in the Program does not transfer any intellectual property to you. You are granted a single-use, non-exclusive, non-transferable, revocable license to view, access, and use the content and resources contained in the Program. You understand and agree that you may not reverse engineer, modify, create derivative works, publish, transmit, or in any way exploit any content contained in the Program.
You do not have the right to make any unauthorized use of the Program content. You understand and agree the Program is for your individual use. You understand and agree that your license to use the Program shall be immediately terminated for any infringement of Company’s intellectual property rights. You shall not be entitled for a refund for any portion of the fees if your license is terminated for such violation.
No Partnership or Relationship Created
This Agreement shall not be interpreted to create a joint venture, employment relationship, partnership, or agency relationship. This Agreement grants you access to the Program, which provides information and education. The education provided by Program shall not be construed as professional advice and no professional, or otherwise, relationship, i.e. attorney/client, doctor/patient, nurse/patient, business advisor/client, shall be created through the Program.
Laws, Rules, Regulations
Company provides education, information, courses, in connection with aesthetic services, and serves a wide variety of customers, including but not limited to nurses, estheticians, massage therapists, entrepreneurs, athletic trainers, career changers, lay persons, and health care professionals. Company does not pre-screen students or customers regarding background, licensure or level of expertise. Company strongly recommends each student or customer perform independent research or consult an expert before purchase and before practice. It is the student’s or customer’s responsibility to research applicable laws. Company cannot and does not provide advice as to what treatments students or customers may be legally performing. Moreover, licensure laws and business laws can vary state to state and Company cannot and does not advise customers or students regarding their individual situation or location. Company is not held responsible for purchases made without prior knowledge resulting in attempted return or exchange. Moreover, reliance on the procedural information is used at your own risk Students release Company of all liability of the use of the course(s) and/or any products or devices manufactured or sold by another company.
Indemnification and Liability for Damages
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, and third parties for any liabilities, losses, costs, and expenses (including reasonable attorney fees), arising out of or related to your use of the program, as well as any violation of third party rights by you, and any violation of laws, rules or regulations by you. If you are dissatisfied with Program, your exclusive remedy is to discontinue use of the Program.
Company shall not be liable for any harm, liability or damages you may inflict on your clients (third parties) in your performance of body contouring treatments. Company is not present to assess your clients or to assess your techniques and abilities, and cannot deem whether your client selection or client treatment is or will be appropriate.
To the maximum extent allowed by law, Company, in no event shall be liable for any damages, whether direct, indirect, punitive, incidental, special, or consequential, for loss of profits, use or data arising out of or connected with the Program, whether based in tort, contract, negligence, strict liability, or otherwise. The above limitations may not apply to you because some states do not allow for such exclusion.
You agree to absolve the Company of any and all liability or loss you or any person or entity associated with you may suffer as a result of your use of Program. You understand and agree that Company shall not be liable to you for any type of damages arising out of your use of Program.
Non-Disparagement and Resolution of Disputes
Both parties to this Agreement understand and agree that they will not engage in any conduct or communications with a third party, public or private, designed to disparage the other.
You expressly waive any and all claims you may have, now and future, arising out your participation in the Program. If you attempt to assert a claim you understand and agree to present such claim only in the state or federal courts located in Lubbock, Texas.
If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, such finding shall not affect or invalidate any other provision to this Agreement.
You understand and agree that the Company has the right to enforce or choose not to enforce the provisions of this Agreement. If a Company makes an election not to enforce any of its rights arising from this Agreement, it shall not be considered a waiver for enforcement of rights contained in the Agreement.
Company shall not be liable or responsible to you, not deemed to have made a default or breached this Agreement, for any delay or failure in performing any term of this Agreement when the delay or failure is caused by acts or circumstances beyond the reasonable control of Company.
You understand and agree that the Company has the right to terminate your access to the Program at any time should you fail to comply with Program guidelines, violate this Agreement or become disruptive. If your termination is caused by such an event, you shall not be entitled to a refund of any portion of fees and shall not be excused from any remaining payments due under a payment plan for the Program.
We have made every effort to represent this Program accurately, and believe in its potential to bring you success with body contouring. We cannot and do not guarantee, however, that you will earn any money using the information provided in the Program. Whether you achieve the level of success you desire depends on many factors, including, but not limited to, the time you’re willing to devote to build your body contouring business, your market research capabilities, your business skills and experience, your marketing knowledge and skills, your skills with clients, your team’s willingness to participate, and your problem solving skills and resourcefulness.
There is no guarantee that implementing our strategies, protocols, techniques, advice, systems, processes, products or using our tools will bring you the same results as we achieved. Our material and advice is based on our personal experience.
If you have questions about this Agreement, please email us at info@BodyContouringAcademy.com.