LASH CURRICULUM PACKAGE PARTICIPATION AGREEMENT

Updated October 25, 2023

As a participant (the “LICENSEE”) in the Lash Curriculum Package (the “PROGRAM”) offered by 1355050 Alberta Ltd. o/a NALA (the “LICENSING PROGRAM OPERATOR”) at www.nala-lashassociation.com and any other Sites offered by the LICENSING PROGRAM OPERATOR (the “WEBSITE”) you expressly agree to the terms of this licensing agreement (the “AGREEMENT”).

NOTICE: Please read this AGREEMENT carefully. Unless you expressly agree and consent to this AGREEMENT, you may NOT participate in the PROGRAM. By participating in the PROGRAM, you are agreeing to comply with and be legally bound by the terms and conditions of this contract. You also agree to follow the Privacy Policy and Terms of Use outlined and provided on the WEBSITE. 

If you do not agree to ALL of the terms of this AGREEMENT, please do not complete the purchase of the PROGRAM.

Each LICENSEE is an independent agent of the LICENSING PROGRAM OPERATOR and not an employee of the LICENSING PROGRAM OPERATOR. Nothing in this AGREEMENT is intended to create an employer-employee relationship between the LICENSEE and the LICENSING PROGRAM OPERATOR.

As a LICENSEE you must be:

•  18 years or older to participate,
•  The academy owner or co-owner,
•  Qualified as per current NALA Academy Accreditation requirements.

ACCEPTING THESE TERMS 

As the LICENSEE, you are entering into a legally binding AGREEMENT with the LICENSING PROGRAM OPERATOR, an Alberta registered corporation according to the following terms and conditions, when you do any of the following:

•  Click the box at checkout “I have read and agree to the terms and conditions of this page as follows: ‘Lash Curriculum Package Participation Agreement’
•  Email your statement of AGREEMENT
•  Enter your credit card information
•  Enrol electronically in the PROGRAM
•  Enrol verbally, or otherwise, in the PROGRAM 

With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.  

 

INCLUDED IN THE PROGRAM (SUBJECT TO APPROVAL AND COMPLETION OF EACH STEP OF THE PROGRAM)

•  Access to the online educator training course
•  A digital copy of an educator certificate with your name on it
•  2 NALA textbooks (classic and volume) in PDF format with a one-year single-use license with distribution restrictions
• Classroom resources and powerpoint slides
•  International Academy Accreditation status for one year
•  A digital file of The NALA Seal of Accreditation
•  An academy listing on the NALA Global Directory
•  Access to purchase the NALA Seal of Accreditation gold foil stickers
•  Support from the NALA team

Renewal of this AGREEMENT is annual and automatic, for a FEE, until this AGREEMENT is TERMINATED.

 

CONFIDENTIALITY AGREEMENT

As a LICENSEE, you agree not to copy, alter, share, use, duplicate, distribute, or adapt any of the LICENSING PROGRAM OPERATOR’s confidential information which is not directly provided or approved by the LICENSING PROGRAM OPERATOR, or any confidential information – disclosed or otherwise—that comes into your possession under or in relation to this AGREEMENT.

Confidential information includes, but is not limited to, the following types of private information and other proprietary information of a similar nature regarding the LICENSING PROGRAM OPERATOR’s business:

Sales figures, software passwords, LICENSING PROGRAM OPERATOR’s list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary to and confidential information of the LICENSING PROGRAM OPERATOR. 

The LICENSEE shall not disclose the terms of this AGREEMENT to any third party other than to the LICENSEE’s employees and agents who (a) have a need to have access to such information (b) agree in writing to comply with the confidentiality provisions of this AGREEMENT.

In general, the LICENSEE may not disclose any financial, personal, or business information about the LICENSING PROGRAM OPERATOR without permission. Such disclosure is grounds for legal action, equitable relief, and termination of this AGREEMENT. 

 

TEXTBOOK MODIFICATION PROHIBITED

As a LICENSEE, you agree not to alter, modify, or make any changes to the textbooks portion of the PROGRAM. The NALA Textbooks must be used and distributed as is at all times unless agreed otherwise in writing by the LICENSING PROGRAM OPERATOR.  

 

NO TRANSFER OF INTELLECTUAL PROPERTY

LICENSING PROGRAM OPERATOR’s copyrighted and original materials are provided to the LICENSEE for your INDIVIDUAL USE ONLY and under a limited single-user license. 

Individual use only includes the following:

• One academy location
• Distribution of the PROGRAM materials to students who have enrolled in and paid full tuition for the LICENSEES lash extension, lash lift, or lash tint courses

LICENSEE is authorized to use any of LICENSING PROGRAM OPERATOR's intellectual property, trademarks and or copyrights, for purposes provided by the LICENSING PROGRAM OPERATOR. LICENSEE is authorized to share, copy, distribute, or otherwise disseminate any materials received from LICENSING PROGRAM OPERATOR electronically, or otherwise with their acceptance into the PROGRAM and in accordance with this AGREEMENT. 

LICENSEES with more than one academy location must purchase a multi-user license.

 

DISTRIBUTING THE NALA TEXTBOOKS

As a LICENSEE you are granted permission to distribute copies in PDF or printed format of the NALA Textbook(s) under the following terms:

• At one academy location
• To students who have enrolled in and paid full tuition for the LICENSEES lash extension, lash lift, or lash tint courses
• Distribution of the most current version of the NALA Textbook(s) only

 

PRINTING THE NALA TEXTBOOKS

As a LICENSEE you are granted permission to print copies of the NALA Textbook(s) under the following terms:

• One academy location
• Distribution of the PROGRAM materials to students who have enrolled in and paid full tuition for the LICENSEES lash extension, lash lift, or lash tint courses
• Distribution of the most current version of the NALA Textbook(s) only

 

SHARING CONTENT FROM THE NALA TEXTBOOKS

As a LICENSEE you are restricted from sharing or publishing any of the content written in the NALA Textbooks, which are provided as part of the PROGRAM, on social media, websites, YouTube, or any platform other than your classroom and exclusive online student-only webpages.

 

CURRENT TEXTBOOKS ONLY

As a LICENSEE you are restricted to using ONLY the most current version of the NALA Textbook(s). Previous versions must not be distributed, used in class, shared with students, or printed once the newest version is released.

 

PAYMENT

LICENSEE agrees to pay LICENSING PROGRAM OPERATOR the stated fee (the “FEE”) according to the payment terms:

•  As outlined on LICENSING PROGRAM OPERATOR's WEBSITE,
•  Provided through PayPal,
•  According to the Payment Schedule and the payment plan selected by LICENSEE (the “FEE”), or
•  As otherwise noted in this AGREEMENT.

 

REFUNDS

Upon execution of this AGREEMENT, LICENSEE is responsible for the full FEE. If LICENSEE decides to cancel, not participate, or changes their mind, the LICENSING PROGRAM OPERATOR DOES NOT PROVIDE ANY REFUND FOR ANY REASON TO THE LICENSEE.

 

UNPROFESSIONAL CONDUCT

The LICENSING PROGRAM OPERATOR and their associated companies operate with the strictest codes of professional conduct. Any LICENSEE who brings the LICENSING PROGRAM OPERATOR or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their licensing status cancelled.

 

TERM & TERMINATION

This AGREEMENT will begin upon your sign-up and approval with the PROGRAM and will renew automatically each year for a FEE until either you or the LICENSING PROGRAM OPERATOR terminates your licensing status. 

As a LICENSEE, you may not transfer this AGREEMENT, or any rights conveyed in this AGREEMENT, to any third party whatsoever. 

As a LICENSEE, you may terminate this AGREEMENT at any time, and for any reason, by writing to the LICENSING PROGRAM OPERATOR at [email protected] 

The LICENSING PROGRAM OPERATOR may also terminate this AGREEMENT at any time if the terms of this AGREEMENT are not being upheld by the LICENSEE, by writing to the LICENSEE at the email address listed in your profile on the WEBSITE.

Upon termination of this AGREEMENT, the former LICENSEE must cease to use any portions of the PROGRAM from current and/or previous years. The former LICENSEE is prohibited from using the NALA name, NALA logos, NALA Seal of Accreditation, or anything that may imply they are approved by or connected to NALA. 

Upon termination of this AGREEMENT, no refunds will be issued. FEES will not be prorated or transferred.

 

MISUSE OF THE NALA NAME AND LOGOS

A former LICENSEE found to be using the NALA name or NALA logos or anything similar that implies they are approved by or connected to NALA after cancelling this AGREEMENT will be listed on the ‘NOT ACCREDITED’ page of the NALA Global Directory WEBSITE and will be subject to legal action as per the terms of this AGREEMENT.

 

RIGHTS TO MODIFY AGREEMENT

The LICENSING PROGRAM OPERATOR may in good faith, modify any of this AGREEMENT and/or the Terms and Conditions, at any time and at its sole discretion, by posting a change notice or sending a new AGREEMENT via email. 

These changes are effective immediately and the LICENSEE may decide not to continue with the PROGRAM. 

The LICENSEE’s continued participation in the PROGRAM following the said posting of a change notice or new AGREEMENT shall constitute binding acceptance by the LICENSEE of the change. 

If any modification to this AGREEMENT is not acceptable to the LICENSEE, the LICENSEE’s only recourse is to terminate this AGREEMENT under the terms listed above in the ‘TERM & TERMINATION’ section of this AGREEMENT.

 

WARRANTIES

There is no warranty or guarantee of any kind with respect to the LICENSING PROGRAM OPERATOR system as far as reliability, stability, quality or dependability. This means that the LICENSING PROGRAM OPERATOR, or its associates is not responsible for any loss or damage incurred directly or indirectly due to the use of the LICENSING PROGRAM OPERATOR WEBSITE, products, services, or any other facet of the system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, or any other inconveniences.

 

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by LICENSING PROGRAM OPERATOR, LICENSING PROGRAM OPERATOR's representatives, or employees, the provisions in this AGREEMENT control.

 

ENTIRE AGREEMENT

This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a writing signed by both PARTIES. 

 

DISCLAIMER OF GUARANTEE

LICENSEE accepts and agrees that they are 100% responsible for their progress and results from the PROGRAM. LICENSEE accepts and agrees they they are the one vital element to the PROGRAM’s success.

LICENSING PROGRAM OPERATOR makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. LICENSING PROGRAM OPERATOR and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. LICENSING PROGRAM OPERATOR makes no guarantee or warranty that the PROGRAM will meet LICENSEE’s requirements or that all LICENSEEs will achieve the same results.

 

CHOICE OF LAW/VENUE

This AGREEMENT is governed and interpreted in accordance with the laws of the Province of Alberta without giving effect to any principles of conflicts of law. 

The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the Province of Alberta, Edmonton according to the rules of the Canadian Arbitration Association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.

 

SURVIVABILITY

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of FEES owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.

 

SEVERABILITY

If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT. 

 

Any rights not expressly granted herein are reserved.