The Aesthetic Atelier Training Programs, Sessions Terms and Conditions
By subscribing to the program and/or taking part in any training linked to the program, you hereby acknowledge and accept these terms and conditions.
DEFINITIONS
a) The Aesthetic Atelier (TAA) – Refers to The Aesthetic Atelier Pty Ltd (ACN 678 315 065).
b) Attendee – Denotes the individual or entity engaging TAA's services under the Enrolment.
c) Enrolment – Signifies the formal registration by the Attendee for a program and/or training offered by TAA.
d) Intellectual Property – Encompasses all forms of intellectual property rights globally, including current and future copyright, trademarks, patents, design rights, trade secrets, and other intellectual or industrial property rights. This includes Moral Rights as defined in the Copyright Act 1968 (Cth).
e) Services – Refers to the educational services provided by TAA through its courses and programs, including content, materials, teachings, and creative expressions. These services include, but are not limited to, video, audio, photographs, images, illustrations, animations, logos, written posts, replies, comments, information, data, text, executable files, graphics, and other documents made accessible through TAA's services.
ATTENDEE OBLIGATIONS
a) The Attendee agrees to provide accurate and non-infringing information to TAA and to refrain from infringing upon the rights of third parties, including privacy and intellectual property rights.
b) The Attendee is responsible for facilitating TAA's obligations under this agreement and ensuring that TAA can deliver its services without hindrance or delay.
c) The Attendee acknowledges that, when TAA's services benefit third parties, it is the Attendee's responsibility to manage the marketing and promotion of such programs or events. TAA is not obligated to guarantee attendance or meet specific participant requirements.
d) The Attendee must not engage in prohibited activities, including but not limited to replicating, copying, sharing, operating a business in direct competition with TAA using TAA's materials or knowledge, or disseminating TAA's intellectual property.
e) The Attendee must comply with reasonable directions from TAA to enable the fulfillment of services.
f) The Attendee acknowledges that TAA is not restricted from contacting individuals introduced to TAA by the Attendee.
RELIANCE UPON REPRESENTATIONS
a) Only representations or advice explicitly set forth in these terms and conditions or the Enrolment constitute part of the agreement between the Attendee and TAA.
b) The scope of TAA's services and advice is at TAA's discretion and may vary over time.
c) The Attendee acknowledges and accepts that TAA provides its services in good faith and relies on the representations made by the Attendee.
d) The Attendee indemnifies and releases TAA from any loss or damage arising from any misrepresentations by the Attendee to TAA.
NO GUARANTEE
a) The Attendee acknowledges that TAA's services do not guarantee specific outcomes. The effect, result, or outcome of TAA's services may vary and are not guaranteed.
b) The Attendee holds TAA harmless regarding any dissatisfaction with expected service outcomes, which may be influenced by various external factors beyond TAA's control.
c) TAA is not liable for any loss, damage, or injury, including consequential, indirect, or special loss, suffered by the Attendee. The Attendee acknowledges this limitation of liability.
d) TAA's liability is limited to the cost of the services provided in a single transaction.
MODELS - ATTENDEES NO GUARANTEE
a) The model attendee and/or attendee enrolled in the program and/or training acknowledges and agrees that the Services provided by TAA do not guarantee any particular result.
b) The Services of TAA may differ from time to time, and TAA cannot warrant a particular effect, outcome, or result from the provision of the Services.
c) The model attendee and/or attendee enrolled in the program holds TAA harmless in relation to any dissatisfaction with any expected outcomes of the Services, which may be the subject of numerous other factors external to the Services that are not within TAA's control.
d) Under no circumstances will TAA be liable for any loss, damage, or injury, including consequential, indirect, or special loss, of any kind whatsoever suffered by the model attendee and/or attendee enrolled in the program, its servants, agents, and contractors, and the model attendee and/or attendee enrolled in the program acknowledges this express limitation of liability and agrees to limit any claim accordingly.
e) The model attendee and/or attendee enrolled in the program and/or training acknowledges and agrees that TAA's liability is limited to the amount equivalent to the cost of the Services supplied by TAA for the Services provided in any one transaction.
INDEMNITY
a) The Attendee indemnifies TAA for any loss or damage resulting from the Attendee's acts or omissions, including losses to TAA's directors, officers, employees, suppliers, contractors, agents, or associates.
b) The Attendee indemnifies TAA for any injury or loss caused to TAA's directors, officers, employees, suppliers, contractors, agents, or associates, except when such injury results from TAA's negligence.
c) The Attendee indemnifies, holds harmless, and defends TAA and its officers and employees from losses or liabilities arising directly from any claim against them due to TAA's wrongful, unlawful, or negligent acts or omissions in connection with these terms.
d) The Attendee must have appropriate insurance for venues, places, and works where TAA provides services and will provide evidence of such insurance upon request.
LOCATION OF SERVICES
a) The Attendee acknowledges that TAA's services may be provided at locations not managed by TAA, and the Attendee is responsible for any issues arising from those locations.
b) The Attendee releases TAA from any loss, damage, or injury occurring at locations not managed by TAA.
PAYMENT AND REFUNDS
a) Fees payable to TAA consist of subscription payments which are payable month to month. For in-person training, a 50% non-refundable deposit is required upon Enrolment, with the full payment of the balance due at least 30 days before the program and/or training's scheduled start date.
b) Cancellation fees apply as follows:
Cancellation more than 30 days before the program start date: 50% refund of the total fee.
Cancellation 30 days or less before the program start date: no refund.
c) Failure to attend without prior notice does not entitle the Attendee to a refund.
d) Overdue payments incur interest at a specified rate.
e) Payment terms may be modified by TAA for specific programs and/or training or services, with no refunds provided upon cancellation.
f) There is a 3-month minimum period for each program. If the attendee breaks this 3-month minimum period, they understand that they must pay for the remaining time period.
OWNERSHIP, COPIES, AND INTELLECTUAL PROPERTY RIGHTS
a) All Intellectual Property used in TAA's services belongs to TAA and remains its sole property.
b) The Attendee must keep all Intellectual Property provided by TAA confidential and not distribute it without TAA's express consent.
c) The Attendee must not make copies, recordings, or reproductions of TAA's materials for the purpose of sharing with third parties.
d) The Attendee indemnifies TAA for any loss of ownership resulting from a breach of these terms.
e) The Attendee grants TAA a non-exclusive license to use content provided by the Attendee for the purpose of delivering the service.
f) The Attendee grants TAA an unlimited non-exclusive license to use the Attendee's trademarks, logos, and branding images for marketing and promotional purposes.
g) The Attendee releases TAA from any claims related to the use of such data.
PRIVACY
a) TAA takes reasonable steps to ensure the security of the Attendee's private information.
b) The Attendee acknowledges that no data transmission over the Internet or wireless network is entirely secure.
c) The Attendee releases TAA from any claims arising from unauthorized access, loss, or tampering of information.
LOSS OR DAMAGE FROM PROVISION OF SERVICES
a) TAA exercises reasonable care in providing services, but it does not warrant that the services are fit for any specific purpose.
b) The Attendee releases TAA from indirect or consequential losses or damages beyond TAA's control.
TERMINATION
a) TAA may terminate the agreement with the Attendee for various reasons, including but not limited to non-payment, breach of terms, or provision of false information.
b) In the event of termination by TAA, the Attendee is not entitled to a refund.
FORCE MAJEURE
a) TAA may suspend or delay obligations if a Force Majeure event occurs.
b) The affected party resumes obligations when no longer affected by the Force Majeure event.
GENERAL
a) Any invalid provision may be read down if possible, but if not, it may be severed without affecting the remaining terms.
b) These terms are governed by the laws of the State of Victoria.
c) These terms are subject to the Australian Consumer Law, with the Attendee's rights as a consumer unaffected.
d) TAA may modify these terms from time to time.