ESSENTIAL HAIR ACADEMY MEMBERSHIP AGREEMENT

Thank you for enrolling in Essential Hair Academy (“Membership”).
All sales are final for this Membership and payments will continue to be charged until the Subscription is canceled manually, pursuant to terms & conditions (the “Agreement”) below.
By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Membership for which these terms appear, you (hereinafter referred to as “you” or “Customer”) agree to be provided with the Membership created by Tim & Tabitha Duenas ("Creator") in their capacity as owner of Essential Hair Academy (“Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions:

INTRODUCTION

Essential Hair Academy (“Company”) is a company that provides prospective and actual business owners with online courses and other educational materials for hairstylists. 

Company has created the Essential Hair Academy ("Membership") as an ongoing subscription-based platform to educate Customers on hair coloring, cutting, styling techniques.

The Membership is a monthly program that may include pre-recorded videos/

There are two (2) subscription options to enroll in the Membership: monthly, or lifetime subscriptions. Customer has the option to select the preferred subscription option at checkout and this Agreement will be bound by that selection as the term of this Agreement, and shall be obligated to make all payments pursuant to Customer’s selection.

2. PAYMENT & FEES

(a) Upon execution of this Agreement, Customer agrees to pay to the Company the full purchase amount for the Membership (the “Membership Fee”), regardless of what payment option Customer selects at checkout.


(b) This is a subscription-based product with recurring billing, pursuant to the timeframe selected by Customer at checkout. The initial Membership Fee will be billed at checkout and the start of Customer’s membership; the recurring Membership Fee will be billed at the end of each month, quarter, or year, depending on the option selected by Customer at checkout. Payments will be automatically billed via the same payment method used at checkout. See Section 3 (Cancellation) with instructions to cancel.

(c) Customer authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Customer selected at checkout, and Customer does not require separate authorization for each payment.

(d) If any payments fail, Customer agrees to remedy the situation immediately (ie. update Customer’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Customer forfeits his/her right to access the Membership.

(e) The Customer shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Customer to Company for the Membership, by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.

(f) Late Fees - Company understands that, from time to time, there are issues with payment. All payments must be received by Company within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $25.00 USD. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Membership. Customer shall still remain responsible to make all payments due and owing under this Agreement to Company in the event Customer’s access to the Membership is revoked.


3. TERM, TERMINATION & CANCELLATION

(a) Term - The Term of the Agreement shall be for at least as long as the subscription package purchased by Customer, with the exception of Sections 8 through 11, which shall survive the Term of this Agreement, and continue until either party terminates pursuant to the cancellation policy below.

In other words, if Customer selects the monthly option, then Customer will be charged for one month and the Term of the Agreement shall be for at least one month and continue month-to-month until terminated by either party; if the Customer selects the quarterly option, then Customer will be charged for three months and the Term of the Agreement shall be for at least three months and continue quarterly until terminated by either party.
(b) Termination - Customer dissatisfaction with Company and/or Membership mentor’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Customer. Even if Customer does not complete all portions of the Membership, Customer is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Membership at checkout and executing this Agreement.
(c) Cancellation - This is a subscription-based Membership. The subscription shall automatically renew at the end of the initial term (ie. the package Customer selected at checkout) until Customer cancels. In order to cancel their Membership and terminate the Agreement, Customer must notify Company in writing via email at hello@essentialhairacademy.com at least five (5) days before the initial term expires in order to avoid being billed for the renewal (“Cancellation”). After Cancellation, Customer may continue to use their account for the Membership for the duration of their billing period. Following Cancellation, you will lose access to all information, workshops, group communities and other Membership content.

4. DISCLAIMERS

(a) The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Customer’s business.


(b) Customer understands that the Membership is created to help Customer learn new skills and assist Customer with finding their own direction. The Membership may offer guidance regarding business decisions, but it is the responsibility of the Customer to make the final decision and choose the best option for themselves. Customer understands that the Membership has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of traditional business practices. Through the Membership, the Company might provide guidance regarding business decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself.

Customer hereby acknowledges that Customer is solely responsible for the amount and type of income that Customer generates by implementing techniques and advice provided by Course. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Course will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any decision Customer makes and indemnifies Company from any liability regarding said decision.  By using Company’s services and purchasing this Membership, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Membership. Customer agrees that use of this Membership is at Customer’s own risk.
(c) Customer hereby acknowledges that business and mindset coaching are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Coach may use its personal judgment to provide the Membership services to Customer, even if these methods do not follow strict adherence to Customer’s suggestions.
(d) This Membership may include access to third-party content, provided as a courtesy. Company is not responsible or liable for any third-party content inside the Membership.
(e) This Membership does not include: 1) individualized advice and feedback; 2) procuring business or potential Customers for Customer; 3) performing any business management services for Customer, such as accounting, operations, research, or development; 4) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Company’s professional network and business relationships. 

(f) Communication With Other Members - Company shall not be held liable, either directly or indirectly, for Customer’s communication with any other student or third-party that may or may not be part of the Membership. For instance, as part of the Membership, the Company may encourage students to broaden their marketing message by collaborating with other third-parties. These are mere suggestions and it is important to note that creating relationships and communicating with third-parties is the sole responsibility and at the sole discretion of the Customer. Company is not liable for the actions of those third-parties, nor is Company to be held responsible for any communications, conflicts, or damages that occur through Customer’s communication and/or collaboration with a third-party. While Company will take reasonable measures to ensure there is no injurious communications inside the Membership, it is the responsibility of all students to act with their own volition and discretion when communicating with others.


5. MEMBERSHIP SPECIFICS

The Membership includes pre-recorded videos

Company reserves the right to substitute services equal to or comparable to the value of Membership if reasonably required by the prevailing circumstances as determined exclusively by Company.
This Membership may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Membership if reasonably required by the prevailing circumstances as determined by Company. Access to this Membership is currently through a third-party platform, Thrivecart, LLC. (“Thrivecart”). Company is not liable for any limitation of access to the Membership caused by Thrivecart.

6. CUSTOMER’S RESPONSIBILITIES

(a) The Membership has been developed for educational purposes only. The Company has established its proprietary Membership in order to educate and inspire Customer to pursue their goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Membership. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Membership. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply enrolling in the Membership or utilizing the tools, resources, or advice provided therein.

(b) Community Guidelines - By participating in the Membership and executing this Agreement, Customer hereby agrees to abide by all Company Membership Community Guidelines, which are as follows:
No bullying
No harassment
No hate speech
No self-promotion
No spam
No cross-promotion
No solicitation

(c)Zero Tolerance Policy - Company employs a Zero Tolerance policy inside the Membership as it pertains to harassment of Company representatives and/or other students inside the Membership.

“Harassment” shall include, but is not limited to, abusive language (ie. excessive cursing, threatening language, name-calling), volume of messages (ie. demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (ie. with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more.

If Customer or any other student harasses a Company member or other student inside the Membership, Company will give one (1) warning to Customer or the student to modify their behavior. Thereafter, upon a second incident of Harassment, Company will immediately remove the Customer or student from the Membership with no money back. Whether or not a student is considered to harass another is at the sole interpretation of Company and will be a decision made based on the facts and evidence at-hand (ie. writings, emails, screenshots, etc.).



7. REFUND POLICY

All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds. Membership Fees are non-refundable and there are no credits for partially used enrollment periods.

8. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT

Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Membership. As such, Customer agrees and acknowledges all Confidential Information shared through this Membership and by the Company is confidential, proprietary, and belongs exclusively to the Company.

“Confidential Information” includes, but is not limited to:
Any systems, sequences, processes or steps shared with Customer;
Any information disclosed in association with this Agreement;
Any systems, sequences, processes, or trade secrets in connection with the Membership or Company’s business practices.

Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.
Non-Disparagement - Customer agrees, during and/or after use of Membership, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s Membership, business, services, programs, or reputation.

9. INTELLECTUAL PROPERTY & LIMITED LICENSE

Intellectual Property - This Membership and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s Memberships include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid Memberships (collectively referred to as “Intellectual Property”).

Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Membership is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any Memberships or parts of the Membership without prior written consent or unless provided otherwise.

If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
Teaching Customer’s Customers/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;
Copying any of Company’s Membership content and/or material for Customer’s commercial use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.

10. INDEMNIFICATION / LIMITATION OF LIABILITY

Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s use of this Membership, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Customer’s business decisions, any of Customer’s financial decisions. Customer hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Membership.

Access to this Membership is currently through a third-party platform, Thrivecart. Company is not liable for any limitation of access to the Membership caused by Thrivecart.

11. MISCELLANEOUS

A. Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
B. Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
D. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
E. Governing Law - Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of California.
F. Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
G. Maximum Damages - Customer agrees and acknowledges that the maximum amount of damages that Customer may be entitled to in any claim arising from this Agreement or Membership shall not exceed the total cost of the Membership.
H. Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Membership checkout page and by rendering first payment.