Xtract™ Tattoo Removal Training – Chicago – June 7-8 2020

Thank you for visiting browdesign.com. We would like to welcome you into our community of artists and permanent makeup professionals. Our forum is designed for industry professionals and people of general interest who create to inspire. We seek individuals with strong characteristics that we can ensure will be an asset to our current groups, with the primary purpose to inspire and connect within our network. Please review and sign the following addendum, which outlines our basic terms applied for further access into this portal. We look forward to having you join our team of innovative creators, and the future leaders of the beauty industry.

AGREEMENT FOR PARTICIPATION IN CLASS

I agree to the following terms and conditions (initial each section as noted) of this Agreement for Participation in Class (the “Agreement”), related to my training to be provided by BROW DESIGN INTERNATIONAL, LLC (“Brow Design” or “Company”) (collectively, the “Parties”): 

I understand and agree to the following:

1. I have requested to receive training from Brow Design, through the Brow Design International® LLC Microblading Training Class (the “Class” or “Training”), in exchange for an agreed upon price of $3100.00 ($3,500 for Julia Anne Milin), which consists of $1,500 for course materials and $1,600 ($2,000 for Julia Anne Milin) for in-Class teacher-led training, per the terms set forth below. I agree that I will be receiving Brow Design Microblading Training, in order to learn the Brow Design Microblading Technique, or the “BDI Technique,” as specified below.

 

2. The Brow Design tuition I am paying is non-transferrable to another person, without the express written permission of Brow Design.

 

3. I am attending the Class solely for my own benefit and for the benefit of my clients. I agree that I may not assign this Agreement or the Class/Training to anyone, without Brow Design’s express written agreement.

 

4. This Class described below are provided to me, for my own personal and business use and not to train others, whether for money or not, in the same or similar Microblading techniques or in the BDI Technique. Thus, from the date of this Agreement and for the next two years, I agree not to train others in the any Microblading technique, whether or not associated with Brow Design (the BDI Technique), or with the Brow Design International® LLC Microblading Training Class, or with any Brow Design principals, managers or teachers.

 

5. BROW DESIGN DOES NOT PROVIDE REFUNDS FOR ANY REASON, see further below. Should I ever seek a refund from Brow Design, to which I am not entitled, I will reimburse, indemnify, and save and hold Brow Design from any attorneys’ fees, damages, and all costs associated with it having to defend any such claim, which I agree is not permitted by this Agreement.

I understand and agree to the following:

1. I am physically able to work as a Microblading student and artist, that

• I am not visually impaired or have any problems with depth perception or mono- or myopic vision; and
• I have the ability to see up close fine work without any vision impairment.

I understand that the Training shall consist of the following elements and no others:

• — Starter Kit
• — 3-days live training
• — Assisted work on one model, trainer is shared with other students
• — Online Course
• — 6 months online support on the Brow Design Online Forum with your trainer

1. I understand that Brow Design in its sole discretion may pair me with any teacher that it chooses, based on availability, skill level, scheduling, and other factors. Brow Design will not pay me a refund if I do not like my assigned teacher or believe that she/he is incompatible with me.
2. I have responsibility for my own training and for practicing the skills taught to me. I am further responsible for my own transportation and accommodation while attending the Class. I am responsible to attend Class timely, at the dates and times specified by the Company.  Brow Design will not wait on me to begin the Training, and, should I be late, I will not be due any refund for any portion of Class that I may miss.
3. If I miss Training on any day (or part of a day), but come another day (or the rest of the time) of the same Class, I will not receive any refund for the missed day (or time), assuming that Brow Design determines that I may continue my Training (in its sole discretion). In this circumstance, I further understand and agree that Brow Design may, in its sole discretion, determine that I may not continue the Training, in which case, I will not receive a Certificate, and I will not receive any refund.
4. I understand also that no refunds are given after the Training has completed. No refunds are given if I leave early on any day of Training.

I understand and agree to the following: 

1. Brow Design seeks to abide by the law in all it does, with students such as me and otherwise.  In that regard should I have a question or issue as to any event or circumstance that arises in or outside of class, I will immediately contact the Company through email at browdesigninternational@gmail.com.  I agree that I will work with the Company so that it can first attempt to work out a reasonable solution with me.  I will allow Brow Design a reasonable time period, no less than ten (10) business days, to resolve any issues that I may have, before pursuing any other dispute resolution (see Section–).  I agree to cooperate with the Company and work to resolve any such concerns, as may be reasonably possible.  Should I not permit the Company this reasonable time period to resolve any such issues, then I agree to pay for, indemnify, hold harmless, and reimburse Brow Design for all costs that it incurs in defending any such dispute that I raise as to such issues.
2. Should I require any accommodation of the rules of Brow Design and/or of the requirements of this Agreement, for any reason, including any physical or mental disability that I may have (or a model of mine may have), I will bring that matter to the Company’s immediate attention, through email at browdesigninternational@gmail.com.  I agree that I will work with the Company so that it can first attempt to work out a reasonable solution to any accommodation issue that may arise.  I will allow Brow Design a reasonable time period, no less than ten (10) business days to resolve any issues that I may have, before pursuing any other dispute resolution (see Section–). Further, I agree to work with the Company in a reasonable and cooperative fashion to present and discuss an accommodation, if one exists, to any issue that I may raise.  I understand that I have a responsibility to present the Company with possible accommodations.  For its part, Brow Design will work to accommodate disabilities, if an accommodation is reasonably possible and if the accommodation will not pose an undue hardship to the Company, given its classes, training, other students, trainers and other considerations.  Through this interactive process, Brow Design and I will look at alternatives that may be available to resolve any disability issue (if such exist), including, without limitation, the waiver of certain costs (such as the cost of the Company providing an alternative model), the provision of a different model by Brow Design, the timing and location of certain classes, and the substitution of trainers. The listing of these possible accommodations do not make any of them necessarily “reasonable” in a given, specific situation.    I understand that in some circumstances that no accommodation may be possible.  Nonetheless, the Company will consider all accommodations presented to it, depending on the surrounding circumstances, and will work with me to find a reasonable solution, if one exists.
3. If the Company deems, in its sole discretion, that the model that I have located is not appropriate for training, for whatever reason, the Company will supply a different model, at my cost.  Should the Company be required to supply a different model, I realize that I may have to start the class later (without a refund for any missed time), or the Company may delay my class to a different time and/or location.  The Company’s decision in this regard is entirely up to Brow Design, without any recourse for a refund.

I understand and agree to the following:

1. At the end of my Training either of the following shall occur, at the sole discretion of Brow Design (assuming I complete all the days and sessions of the Training):

• Brow Design will issue me a “Certificate of Completion” noting that I have completed the Advanced Microblading Academy (however, a Certificate of Completion does not reflect any certification of skill level); or

 

• Brow Design will issue me a “Certificate of Artistry: aka Certified Microblading Artist,” which is a certification of completion of the Class, also acknowledging that I am a “Brow Design International® Certified Brow Artist.”

The Certificate of Completion and the Certificate of Artistry are collectively referred to herein as the “Certificates.”

• If at the end of the Training I receive a Certificate of Completion, at the sole discretion of Brow Design, I will not have any right to refund, and I will not have any right to use the Brow Design logo in any of my marketing materials. In this circumstance, I agree that I cannot and will not state anywhere that I am a “Brow Design International® Certified Brow Artist.”
• If at the end of the Training I receive a Certificate of Artistry, at the sole discretion of Brow Design, I will not have any right to refund, but I will have the right to use the Brow Design logo in my marketing materials (but solely to note that I am a “Brow Design Certified Brow Artist”).
• If I do not complete the Training, Brow Design will not provide me with any certificate at all, and, as noted, I will not be provided a refund.

I understand and agree to the following:

1. Brow Design, in its sole discretion, can determine that I am unfit to continue in the Training. I understand and agree that, if Brow Design makes this determination, in its sole discretion, I will be asked to leave Training, and I agree to leave Training immediately.  I further agree that should Brow Design International® LLC or any of its principals, managers, or teachers assess, in its/their sole discretion, that it is not safe for me to work on a live model in Class, I will accept this decision and stop all Training.  At all time, I agree to follow the direction of Brow Design and/or its its principals, managers, or teachers, who will make all determinations about my Training, progress in that Training, and/or any Certificates that may issue. If I am asked to leave Class/Training at any time, there will not be a refund provided.  If I am asked to leave Class/Training, I agree that I will not receive any Certificate.
2. Brow Design may determine that I am “unfit” to continue, if any of the following occurs in Brow Design’s sole discretion:

• I appear to be under the influence of any drugs (legal or illegal) or alcohol.

• For any other reason, I appear to be mentally or physically impaired and unable to function properly in Class.

• I am disrespectful to and/or harass, in any way, the models, other students,  instructors, Brow Design management, or anyone else affiliated with the Brow Design or in the Class.

 

• I injure anyone in Class and/or destroy Brow Design or anyone else’s property.

• I act in any unprofessional, rude, illegal or other manner that disrupts or interferes with Training or negatively affects Brow Design, its principals, management, teachers, students, models or anyone else affiliated with Brow Design or the Training.

• I make any negative, disparaging, damaging and/or defamatory statements (verbally, in writing, electronically and/or on the Internet) about Brow Design, its principals, management, teachers, students, models, or anyone else affiliated with Brow Design or the Class.

• I appear to be making insufficient advancement toward successful completion of the Training.

• I do not come to Class on time or do not show up for Training/Class any day.

• I use my cell phone or other electronic device during Training, when not permitted by Brow Design. 

I understand and agree to the following:

1. BROW DESIGN IS NOT WARRANTING IN ANY WAY OR FOR ANY PURPOSE THE TRAINING, PRODUCTS (COURSE MATERIALS) OR SERVICES NOTED ABOVE, AND IT EXPRESSLY REJECTS AND DISCLAIMS ALL POSSIBLE IMPLIED OR EXPRESS WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR OR ORDINARY PURPOSE, AND/OR THE WARRANTY OF NON-INFRINGEMENT. ALL PRODUCTS, TRAINING, COURSE MATERIALS, AND SERVICES OF BROW DESIGN ARE PRESENTED TO ME “AS IS.” 
2. NEITHER BROW DESIGN NOR ITS PRINCIPALS, MANAGERS, AND/OR TEACHERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, PRODUCTS, COURSE MATERIALS, OR TRAINING PROVIDED. FOR EXAMPLE, BROW DESIGN DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN ITS PRODUCTS, SERVICES, COURSE MATERIALS, OR TRAINING, THE SPECIFIC FUNCTIONS OF THE PRODUCTS, SERVICES, COURSE MATERIALS, OR TRAINING, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET MY NEEDS (OR THE NEEDS OF ANY OTHER STUDENT).
3. I UNDERSTAND AND AGREE THAT BROW DESIGN MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO ITS TRAINING, COURSE MATERIALS, PRODUCTS, OR SERVICES OF ANY KIND, OR AS TO ANY OTHER MATERIALS, INTERACTION, TRAINING, OR GUIDANCE THAT BROW DESIGN (OR ITS PRINCIPALS, MANAGERS, AND/OR TEACHERS) MAY PROVIDE TO OR HAVE WITH ME.
4. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT, (A) NEITHER PARTY TO THIS AGREEMENT, NOR ANY OTHER PERSON ON SUCH PARTY’S BEHALF, HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) EACH PARTY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY THE OTHER PARTY, OR ANY OTHER PERSON ON SUCH PARTY’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS THIS AGREEMEN
5. Further, I acknowledge that Brow Design has not promised that I will make any amount of money or gain in any way, professionally, in business or personally, from the Training or from any interaction or affiliation with Brow Design or from either of the Certificates (if Brow Design in its sole discretion provides me a Certificate of any kind). I understand and agree that I am not relying on any previous representations, advertising and/or communication with, by or from Brow Design.  The sole representations and communications that I am relying on when signing this Agreement are contained only in the four corners of this Agreement.
6. Finally, I acknowledge that Brow Design has not made any false, deceptive, misleading or fraudulent statements to me related to this Agreement. I understand and agree that Brow Design has not omitted any material facts related to my decision to sign this Agreement and pay Brow Design for the Training noted.  The sole representations and communications that I am relying on when signing this Agreement are contained only in the four corners of this Agreement, and I hereby waive reliance on any representation not contained in the Agreement.

I understand and agree to the following:

1. In order to do well in Class and through the Training and thereafter on my own, I have individual and separate responsibilities, including, without limitation, the requirement to work hard, study, complete all the steps of the Training, and, critically, be proficient as Brow Design in its sole discretion determines. I understand that dedication and practice is required to become successful at Microblading; I also understand that not all persons have the expert talent needed to perform the Microblading technique, whether taught by Brow Design or elsewhere.  It is my responsibility to practice this skill.  Success is not

2. Brow Design has no responsibility to me upon completion of my Training (or prior to that completion if I determine to not complete the Training or my Training ends for another reason, see above), other than the specific obligations stated in this Agreement. Brow Design has no responsibility to me in my business, professional or personal life; all such responsibility is up to me, as an individual.

1. Whatever money I make (or not) or whatever gain I may get (or not) from the Training, if any, is entirely up to me. Thus, Brow Design has no responsibility to me after the Training as to how well I do or not in performing any Microblading techniques on my customers.

 

4. I am responsible for my own safety, and I assume liability for myself should I get hurt or injured during Training, or in transit to or from the Class. I agree not to hold Brow Design responsible for any liability resulting from my actions or omissions that result in injury to myself, fellow students, teachers, or Class models, and/or accompanied guests. Should someone have an injury of any kind, including, without limitation, death due to my actions or inactions, I will reimburse, indemnify, and save and hold Brow Design from any attorneys’ fees, damages, and all costs associated with it having to defend any such claim.

I understand and agree to the following:

1. The materials used in Class by Brow Design, including, without limitation, all Powerpoint slides, all handouts, all manuals, all photos, all video, all electronic files/data of any kind, and any other data supplied by Brow Design to me or anyone, including all content in the materials noted and all Class instruction, verbal guidance, and the like is collectively “BDI Materials.”  All BDI Materials are trademarked, copy written, and solely owned by Brow Design International® LLC.  I further understand and agree that the BDI Materials are confidential and trade secrets of Brow Design, which are not generally known to its competitors and for which it takes great care in keeping secret.  Brow Design is providing me access to Brow Design’s confidential and trade secret data only as a part of this Agreement and the promises that I have made herein. I understand and agree that no student (or anyone else) has any rights in any BDI Materials, that I personally have no right to or ownership of any of these BDI Materials or the content of these BDI Materials, except that I have a limited license to use the BDI Materials for my business purpose solely for the provision of Microblading services to my own personal customers.
2. As to all BDI Materials I may not and I agree not to:

• copy all or any portion of the BDI Materials (including, without limitation, the illustrations or specific text in the BDI Materials);
• use the BDI Materials for any purpose outside of the Class other than my personal, business reference;
• sell, redistribute, or reproduce the BDI Materials for sale;
• provide, allow the use of, sell, transmit, or donate the BDI Materials to anyone;
• publish the BDI Materials or any paragraph or portion of them on the Internet or anywhere else; or
• use the BDI Materials for training any third party.

3. I shall not record or photograph any part of the presentations in Class, including any BDI Materials, unless expressly permitted in writing by Brow Design. I understand and agree that there will be no cell phone or computer or similar device usage during Class, without permission of Brow Design instructors, management, or principals.  All such devices shall be turned off and shown to Brow Design personnel, upon request.  If Brow Design asks for my cell phone or any other electronic device during Class, I will turn the device in immediately (which shall be returned after Class).
4. Should I use or abuse the privileges that I have been provided in this Agreement, as a part of the Brow Design Training, and/or as a part of Brow Design allowing me access its confidential and trade secret data, I understand and agree that the Company shall have the immediate right to seek injunctive action against me, per the terms of Clause 11(B) below, notwithstanding any and all other remedies, damages and claims that Brow Design may have against me.

I understand and agree to the following:  

1. To the fullest extent permitted by law, I will not engage in any communications, whether orally or written (hard copy or electronically), which disparage or negatively relate to, rate, mention or refer to, either directly or indirectly, Brow Design, nor will I author, show approval for, or “like” any social media postings, emails, other account entries, etc. that negatively relate to, rate, mention or refer to, either directly or indirectly, Brow Design. Further, I will not encourage any person to engage in any communications of any nature, whether orally or written (hard copy or electronically), which disparage or negatively relate to, rate, mention or refer to, either directly or indirectly, Brow Design.  Also, I will not encourage any person to author, show approval for, or “like” any social media postings, emails, other account entries, etc. that negatively relate to, rate, mention or refer to, either directly or indirectly, Brow Design.

2. Each student’s decision to terminate Training with Brow Design is his or her own. As such, I will not encourage any student to terminate Training, nor will I encourage, discuss, solicit, sponsor, fund, induce, or participate in the initiation, prosecution, or pursuit of any claims, refunds, lawsuits, investigations, or other litigation against Brow Design, except as otherwise allowed by law.

1. IF I BREACH ANY OF THESE NON-DISPARAGEMENT PROVISIONS, I AGREE THAT IN ADDITION TO ANY OTHER REMEDIES OR DAMAGES AVAILABLE TO BROW DESIGN, I WILL PAY BROW DESIGN AN ADDITIONAL $2,500 AS LIQUIDATED DAMAGES FOR EACH AND EVERY BREACH (THAT IS, EACH AND EVERY COMMUNICATION OF ANY KIND), WHICH IS AGREED TO BE A REASONABLE SUM PER BREACH/COMMUNICATION TO REPRESENT DAMAGES WHICH ARE OTHERWISE DIFFICULT TO CALCULATE. 

I understand and agree to the following:

1. I waive my right to a jury and agree to and acknowledge that all claims, as further discussed below, between me and the Brow Design are subject to MANDATORY ARBITRATION, as governed by the Commercial Rules of the American Arbitration Association (“AAA”). I acknowledge that Brow Design’s operations involve interstate commerce.  Finally, I further understand that, even if I do not sign this acknowledgement and agreement, I agree to this arbitration process by coming to any Brow Design Class, being part of any Brow Design Training, or working with any Brow Design principals, instructors, and/or management as to learning any Microblading techniques or the BDI Technique.

 

The Arbitration Promises:

1. This is a mutual promise to arbitrate, agreed to as a matter of efficiency and expediency between each student and the Company. This agreement to arbitrate covers all claims, as long as such claims are permitted by law to be arbitrated, including those related to discrimination, retaliation or harassment disputes, wage and hour concerns, tort allegations, or contract claims, of any nature, or under any federal or state common law, statute or regulation (e., this agreement to arbitrate is inclusive of all claims at common law and all statutory claims, whether under federal, state or local law, unless specifically prohibited from being arbitrated. In all other cases, mandatory arbitration shall apply to claims involving the Company and its students, employees, managers, and supervisors, whether they are signatories to this agreement or not.  Thus, this Agreement applies to all claims that I may have against the Company or it may have against me.  An exception to this arbitration requirement is a claim that the Company may have against me that might require the immediate equitable (i.e., injunctive) action of a court (for example, to protect the Company’s trade secrets or confidential data).

Place:

1. All arbitrations shall be held in Houston. 

Nature of the claims, remedies permitted:

1. With the exception of class actions (see below), all claims, defenses, damages, and remedies available in a court of law shall be available in arbitration, and the arbitration shall be final and binding, without any right to appeal. All causes of action, remedies (including the recovery of attorneys’ fees) and defenses shall be available to both the Company and me in the arbitration, as would be available in a Texas or other court of law (unless, as noted, specifically excepted herein, g., class action claims, see below).

Individual claims; no class actions (“Class Action Waiver”):

1. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER ME, THE STUDENT, NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER STUDENTS (OR ANY OTHER PERSON), OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of this Class Action Waiver.  If the Class Action Waiver is deemed to be unenforceable, Company and I agree that this Agreement is otherwise silent as to any Party’s ability to bring a class, collective or representative action in arbitration.

 

Arbitrator selection and authority:

1. The arbitration shall be submitted to a single arbitrator (the “Arbitrator”) who is to be selected by mutual agreement of the parties, or, if there is no mutual agreement, then by the appointment of a court of competent jurisdiction, per the rules of the AAA, as noted, and the Arbitrator is limited to deciding matters as exist between Company and me, an individual student only; the Arbitrator may not consider and has no authority to consider any claims alleged as class or collective actions or as a representative matter.  If requested by the Parties, the Arbitrator shall issue a reasoned award explaining the decision, the reasons for the decision and any damages awarded, and the Arbitrator shall follow the case and statutory authorities of Texas and federal law, as may apply to a particular claim.
2. As noted, the Arbitrator’s authority to resolve and make written awards is limited to claims between me and Company only. Claims of different individuals or entities may not be joined or consolidated in any arbitration between the Company and me, and the Arbitrator has no authority whatsoever over such other claims, unless agreed to in writing by both the Company and me. Nonetheless, no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

Procedural rules and evidence:

1. The Texas Rules of Civil Procedure and Evidence shall apply and the Arbitrator shall follow such rules, subject to the Arbitrator determining what is appropriate and necessary for a given situation, upon motion of the parties. The parties agree, nonetheless, that discovery in any such arbitration shall be limited to no more than two depositions per side (for a maximum of six hours per deposition), unless the Arbitrator determines that, in the interests of justice, additional discovery is needed.  Furthermore, the Parties agree that all written discovery and/or the exchange of documents, if any, shall be done in the most efficient and economical manner, and that both sides shall limit any interrogatories served on the other party to one set of no more than 15 questions, including subparts, with document requests limited to one set of only 20 requests, including subparts, again subject to the Arbitrator’s decision to expand such discovery, if required in the interests of justice.  No other discovery shall be conducted or allowed, unless permitted explicitly by the Arbitrator upon a motion of a party.

Costs:

1. The costs of the arbitration shall be split by both Parties, with the exception of the initial filing fees and any court reporter fees (for a hearing), which shall be borne by the party filing the arbitration or requesting that the proceeding be transcribed, respectively. All other costs shall be borne by the party incurring same (expert fees, attorneys’ fees, or deposition costs, for example), with any recovery of same permitted only as allowed in this Agreement.  Should I fail to follow these arbitration provisions and should Brow Design have to take any action to compel arbitration or enforce these arbitration rights and obligations, I agree to reimburse, indemnify, and save and hold Brow Design harmless from any attorneys’ fees, damages, and all costs associated with such enforcement actions.
2. The Parties agree that all proceedings in arbitration are strictly confidentiality and may not be revealed or discussed, directly or indirectly, in whole or in party, except as necessary to enforce an order or award of the Arbitrator in a court of competent jurisdiction.

I understand and agree to the following:

1. To the extent that the foregoing arbitration provisions are deemed unenforceable for any reason or as to any claim, and only in that event, then the Parties agree that any court action shall proceed in either the federal or state courts of Harris County, Texas. In that singular event only, each Party hereby irrevocably (a) submits to the exclusive jurisdiction of the courts of competent jurisdiction in Harris County, Texas, in respect of any actions or proceedings relating in any way to this Agreement (and each Party agrees not to commence any proceeding relating thereto except in such courts); and (b) waives any objection to the venue of any proceeding relating to this Agreement in the courts of competent jurisdiction in Harris County, Texas, including the objection that any such proceeding has been brought in an inconvenient forum.  In connection with any such proceeding, the parties agree that they WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL to the fullest extent permitted by law.

2. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, without regard to any conflict principles.
3. If there is any claim, demand, litigation or arbitration, or other legal enforcement (the “Legal Claims”) of any kind of either Party’s rights against the other Party, under, through, related to, connected to, and/or arising out of this Agreement, regardless of the nature of the Legal Claim, whether brought in contract or in tort, under statute, or in common law, then each Party shall be required to pay for its/his/hers attorneys’ fees and court/arbitration costs, if any are incurred, without the ability or right to seek reimbursement from the other Party, regardless of who prevails or is considered the “prevailing party,” whether in whole or in part, as to any such Legal Claim and regardless of any statutory rights to the contrary, which each Party hereby waives. The sole exception to this rule about attorneys’ fees shall be that Brow Design shall be entitled to recover its attorneys’ fees for any breach or violation by me of this Agreement.

1. If any provision herein is held to be partially or completely contrary to law and/or unenforceable, this Agreement shall be deemed to be amended to partially or completely modify such provision or portion thereof to the extent necessary to make it enforceable, or if necessary, this Agreement shall be deemed to be amended to delete the unenforceable provision or portion thereof. In the event any provision is so modified or deleted, the remaining provisions shall remain in full force and effect.

I understand and agree to the following:

1. I have no authority to enter into contracts or agreements on behalf of Brow Design, and I shall not represent to the contrary to any person or entity. Neither Party shall have any right or authority to create any obligation or warranty or responsibility, express or implied, on behalf of the other Party in any manner whatsoever, except as provided in this Agreement.

1. I recognize and acknowledge that any breach or threatened breach of my obligations above may cause Company irreparable harm for which monetary damages are inadequate. I, therefore, agree, therefore, that Company shall be entitled to an injunction to restrain me from such breach or threatened breach with a bond of no more than $500.00. Nothing in this Agreement shall be construed as preventing Company from pursuing any other remedy at law or in equity for any breach or threatened breach of this Agreement. In the case that Brow Design may have to seek injunctive action against me, I agree that I will reimburse, indemnify and save and hold Brow Design harmless as to any attorneys’ fees that it incurs in such injunctive process, as well as all costs of court and any other expense, including any expert fees, that the Company must pay as a part of such injunction action. This injunction provision shall include, without limitation, Brow Design’s enforcement the following Sections, Paragraphs, Clauses, and/or Sections of this Agreement:

• 1(C) & 1(D)

 

• 3(B) & 3(C)

 

• 7(A)-7(D)

 

• 8(A)-(C)

3. I accept full responsibility for my conduct. Therefore, I will reimburse, indemnify, defend, and save and hold Brow Design harmless from any and all claims or causes of action related to my negligence, strict liability, breach of any duty, wrongful action, improper or poor performance or other conduct in the performance of this Contract, or such actions that I am responsible for in the Class, or such actions thereafter that I am responsible for when I am working on my own, and/or any other cognizable action or inaction of mine giving rise to a claim under any law, statute, rule or regulation.  The claims included in this description shall include, without limitation, all claims of sexual or other harassment, all claims of discrimination, all tort claims of any kind (intentional, strict liability or negligent), all claims of gross negligence, all contract or commercial claims of any kind, all claims of fraud and misrepresentation, all claims of tortious interference with contract, and all claims on account of bodily injury, illness, death, or damage to property, regardless of who may bring the claim, whether that person works for Brow Design or not, or is another student, Class model, or third-party, separate and apart from both Parties.

 

Except as otherwise expressly limited herein, it is the intent of Parties hereto that ALL INDEMNITY OBLIGATIONS AND/OR LIABILITIES ASSUMED BY SUCH PARTIES UNDER TERMS OF THIS AGREEMENT BE WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, INCLUDING PREEXISTING CONDITIONS, STRICT LIABILITY, FAULT, BREACH OF CONTRACT OR WARRANTY, OR THE NEGLIGENCE OF ANY PARTY OR PARTIES, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT CONTRIBUTORY, OR CONCURRENT, ACTIVE OR PASSIVE, ORDINARY OR GROSS OF THE INDEMNITIES.

IN NO EVENT SHALL BROW DESIGN BE LIABLE UNDER THIS AGREEMENT TO ME OR TO ANY THIRD PARTY (INCLUDING ANY MODEL, ANY OTHER PERSON IN THE CLASS, OR ANYONE ELSE THAT I MAY PROVIDE MICROBLADING SERVICES TO) FOR ANY DAMAGES OUTSIDE OF THE COST OF THE TRAINING, AND SPECIFICALLY I CAN NEVER RECOVER FROM BROW DESIGN ANY OF THE FOLOWING:

CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR PERSONAL INJURY, BUSINESS DISRUPTTION, LOSS OF REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR GROSS NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT, AND WHETHER OR NOT EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This Agreement contains the entire agreement between the Parties, and it supersedes all prior agreements, representations, statements, and understandings between the Parties respecting the subject matter hereof. This Agreement may not be amended except by written instrument signed by both Parties.  No waiver by a Party of any of the terms, provisions, or conditions hereof or of any breach hereof by the other Party shall be effective unless said waiver shall be in writing and signed by an authorized person or officer of the waiving Party. Further, any waiver by a Party of any breach hereof by the other Party shall not be deemed a waiver of any future breach, whether or not of similar nature.