Whipped Studios BBLS Program Agreement
This BBLS Program Agreement, hereinafter referred to as "Agreement," is made between the BBLS Program organizer ("Organizer"), specifically as follows: MBC, Inc./Whipped Studios, a corporation, incorporated under the laws of the state of Colorado, having its principal place of business at the following address:
1624 Market St, Suite 202 Denver, CO 80202-1518
Website Address: www.whippedstudios.com (the "Website")
Email: firstname.lastname@example.org (the "Business Email")
and you, as a participant (hereinafter referred to as "you" or "Participant") in the BBLS Program ("BBLS Program"), defined further below.
Your participation in the BBLS Program is subject to each of the terms and conditions contained within this Agreement, all parts, and sub-parts of which are specifically incorporated by reference here. By clicking "Purchase," "Confirm," "Attend," or undertaking any other affirmative action manifesting your intent to participate in the BBLS Program, including providing the Organizer with a credit card or billing information to be charged for your participation, you acknowledge and agree that you are entering into a legally binding agreement with the Organizer.
YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO PARTICIPATE IN THE BBLS PROGRAM. Organizer and Participants may be referred to individually as "Party" and collectively as the "Parties."
Article 1 - BBLS PROGRAM:
Organizer agrees to provide, organize, and maintain the following BBLS Program:
Name of BBLS Program: Whipped Studios BBLS Program
Description of BBLS Program:
All those who have agreed to become affiliates (To be referred to as "Group") will pay a monthly fee to utilize the Whipped Studios Brand.
Access URL For BBLS Program: ________
Total Fees: $500.00(five hundred US dollars) ("Total Fees") To be paid to complete training obligation.
Any additional applicable details for the BBLS Program will be made available to you prior to purchase or confirmation. Such details will be provided by the Organizer. Any such page, text, or email including any additional details for the BBLS Program is hereby incorporated by reference and shall be considered part and parcel of this Agreement. The fee represents the remaining balance of $303.00 + BBLS service fees.
Article 2 - CONFIRMATION:
In order to secure your spot in the BBLS Program, the following steps must be taken:
Participants will complete the entirety of the BBLS Program purchase on the Website, as listed above.
At the conclusion of these steps, you will receive a confirmation email that will outline the details of your completed registration. If you do not receive a confirmation email within five (5) days of completing your registration, please contact the Organizer.
The organizer may request the provision of additional information, such as identification and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the BBLS Program.
Article 3 - BBLS PROGRAM TERMS:
We do not offer any promises or guarantees with regard to our BBLS Program. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this BBLS Program, the materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the BBLS Program;
D) This BBLS Program does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
The BBLS Program is also subject to the following additional rules:
1. The fees will be collected by Whipped Studios from deposits made by clients booking via the Whipped Studios website for the named affiliate. The charges that will be collected for each appointment is the deposit for the associated service during the time the affiliate is within the contract period and until canceled after the contracted period.
2. If the $303.00 is not collected within the three-months, the affiliate is responsible for the whole of remaining balance plus the monthly fee.
3. All BBLS (Business in the Box Lash Solution) Affiliates agree and are required to a term of a three-month period.
Article 4 - PAYMENT:
At the time of the initial reservation of the BBLS Program, you must provide a deposit of the following amount: $197 (one hunddred ninety seven US dollars) ("Deposit"). The total amount to be paid back from participating in the Eyelash Extension Class is $500.00 (five hundred US dollars), to be collected by deposit fees paid by clients. If the initial downpayment is not received by Organizer prior to the beginning of your participation in the BBLS Program, you may not be able to begin the BBLS Program or your spot may be canceled without prior notice to you.
If the affiliate is joining through a nonstudent structure, the monthly fee is $59.95 + the affiliate understands the deposits associated with each service booked through Whipped Studios, which will be paid to Whipped Studios.
Article 5 - CANCELATIONS:
As noted above, the Organizer reserves the right to cancel if the Total Fees are not received prior to the beginning of your desired participation in the BBLS Program. If such cancelation is undertaken, you are not entitled to receive your deposit back, if applicable, or any other fees paid to that date.
The organizer may cancel the BBLS Program for any reason, unrelated to an individual Participant, in the Organizer's sole and exclusive discretion. If the Organizer cancels for any commercial reason, all Participants are entitled to receive back any and all monies paid to the Organizer. The organizer shall not be responsible for any fees paid by the Participant to any third parties.
If Participants wish to cancel, written notice of such cancellation must be sent to the Organizer via email. As noted above, in the event of Participant cancellation, no fees will be returned.
Article 6 - REGISTRATION TO USE WEBSITE:
Participants may be asked to register to use the Organizer's Website. Participants will choose a unique identifier and password. The participant is responsible for ensuring the continued accuracy, security, and confidentiality of this information. Participants may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality. Providing false or inaccurate information, or using the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Article 7 - RELEASE OF LIABILITY:
Participant hereby releases Organizer, as well as any of Organizer's affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Participant's dispute with any other Participant.
Article 8 - TERMINATION:
This Agreement shall continue until canceled as specified above by either Party or until the Participant completes the BBLS Program. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement. If this agreement is terminated for any reason before fees are fully paid, full payment will be required upon termination of the agreement.
Article 9 - INTELLECTUAL PROPERTY:
Participant acknowledges and agrees that the Organizer's name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organizer or its affiliates, licensors, or suppliers.
The participant acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Organizer and its affiliates, licensors, and suppliers.
The organizer may provide Participants with certain information as a result of participation in the BBLS Program. Such information may include but is not limited to, documentation, data, or information developed by us and other materials that may assist in your participation in the BBLS Program ("Materials"). Subject to this Agreement, Organizer grants you a non-exclusive, limited, non-transferable, and revocable license to use the Materials solely in connection with your participation in the BBLS Program. The Materials may not be used for any other purpose, and this license terminates upon your completion of the BBLS Program, your cessation of participation in the BBLS Program, or at the termination of this Agreement.
Participant expressly agrees not to do anything inconsistent with the Organizer's ownership of all of the intellectual property discussed herein. Participant further agrees that there are no rights, title, or interest in or to any of the Organizer's Intellectual property. In addition, the Participant is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Organizer or any third party, with the exception of the license granted above.
Article 10 - RESTRICTIONS:
The participant is prohibited from selling or reselling Participant's space in the BBLS Program unless the Participant has specifically executed a written agreement with the Organizer that expressly allows for such activity.
Article 11 - INDEMNIFICATION:
Participant agrees to defend and indemnify Organizer and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Participant's participation in the BBLS Program, Participant's breach of this Agreement, or Participant's conduct or actions. The participant agrees that the Organizer shall be able to select its own legal counsel and may participate in its own defense if so desired.
Article 12 - REPRESENTATION:
Participant agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement or that they have their parent or guardian consenting for them to participate in the BBLS Program.
Article 13 - SEVERABILITY:
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
Article 14 - DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Colorado. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organizer will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Article 15 - GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of Colorado without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Denver.
Article 16 - HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.
By signing the below you agree to all terms of the above agreement.