known henceforth as “Purchaser.” This program (collectively, “the Materials”) was developed in support of a minimum 100-hour fundamental permanent cosmetic class and fundamental-level continuing education classes.
This Agreement for purchase of access to the Materials is in consideration for an agreed upon price as shown on a separate invoice. The Purchaser understands no refunds will be given for any reason for any payments made for the Materials.
Exhibit A, in summary, provides for the use of the Materials. Upon signing this agreement Purchaser acknowledges she or he has read and understands these provisions in Exhibit A before signing this Purchase of Access to copyrighted Materials agreement. Further, it is stipulated:
- Purchaser agrees that Seller shall not be liable for any inaccuracies, errors, or omissions in the Materials or for any actions taken or omitted in reliance on the Materials.
- Purchaser understands and agrees that the Materials are intended to stand alone and she or he is not purchasing access to these materials in anticipation of Seller authoring or publishing any other related materials, publication type materials or updates in the future to the Materials.
- This agreement constitutes the purchase of access to the Materials. This access agreement does not transfer ownership or license for use of the Materials or of any photos, artwork, illustrations, logos, or copyrighted text contained in the Materials. All copyrights and trademarks will be defended to the fullest extent of the law.
- The Purchaser indemnifies Seller from any losses, damages, and expenses (including reasonable attorney fees) the Purchaser incurs as a result of any claim based on or arising from improper use of the Materials or the information contained therein, including but not limited to any use that violates the law or this Agreement.
- In the event of any breach of this Agreement on the part of the Purchaser, access to Materials will be revoked immediately, and further, permission for any use is also revoked.
- This Agreement shall be construed in accordance with, and all disputes hereunder shall be governed by, the laws of the State of California without reference to its choice of law provisions. The Superior Court of Santa Clara County and/or the United States District Court for the Northern District of California shall have exclusive jurisdiction and venue over all controversies in connection herewith. Purchaser will pay Seller’s attorney fees if the Seller is the losing party in any litigation.
- This is the only agreement between the Seller and the Purchaser with respect to the Materials. It supersedes any prior agreement, discussion or oral representations that may have occurred. This agreement can be modified with 30-days’ notice to Purchaser if circumstances warrant.
Purchase of Access to Copyrighted Materials: Fundamental Permanent Cosmetic Training Program,
Marjorie Grimm, Faces By Design, LLC
1. I understand and agree: This program (collectively, the Materials) was developed and is intended to provide teaching materials for presentations in a classroom setting, including theory-related distance-learning programs.
A. The Materials are developed for fundamental education use and any presentations are limited to my students at the fundamental level. The Materials may not be commercially broadcast i.e., webinars, podcasts or other similar format programs that are not associated with my fundamental classes and students. I may not present any part of the Materials at public events. I understand that if I intend to present the theory portion of my fundamentals classes as remote or distance learning, I will need to make my own arrangements for screen sharing.
B. This is a purchase for access to the Materials: all original presentations, graphics, artwork, logos, photographs, and copyrighted text content remain the intellectual property of Marjorie Grimm, Faces By Design, LLC.
C. It is my responsibility to study and prepare so I may properly present the Materials during my fundamental classes in my own voice if using the option with manual controls. This option is provided for the purpose of creating a bond with my students and to allow me to introduce my own proprietary products and techniques. The program also includes an option to purchase the automatic play feature with pre-recorded narration.
D. The Materials (or any part or portion of the Materials) may not be sold or leased by me to a third party; nor may I share my password or allow access to the materials with another person. This license for access is limited to me, exclusively.
E. I understand I will not be able to alter or change the content of the Lesson Presentations. I understand I can develop additional materials of my own (which must be clearly identified as my intellectual property) in presenting my classes or I may refrain from using any sections I desire.
F. I acknowledge I am permitted to download and print the Instructor’s Manual and other training Materials provided in the program. These materials are expressly for my use in teaching my fundamental-level training classes. I may not share these Materials with others. In addition, I may download and print the student worksheets or handouts provided and I agree to limit use of these handouts (or any other similar materials provided, if any) to my fundamental students. Other uses are prohibited and this will be fully explained to my students.
G. I understand the images in the Materials are copyrighted and may not be republished, used, sold, or shared by me or others without express written permission. Licenses for any third party or stock images do not transfer to me or to any other user.
2. I understand and agree: The presentation Materials are proprietary and copyrighted materials, specifically those known as:
(1) Safe Practices for Permanent Cosmetic Technicians, (2) Permanent Cosmetic Client Management; (3) Psychology and Permanent Cosmetics; (4) Fundamental Permanent Cosmetic Color Theory; (5) The Fundamental Study of Skin Undertones and Permanent Cosmetics; (6) Selecting Permanent Cosmetic Procedure Colorants; (7) Fundamental Study of Skin; (8) Anesthetics and Permanent Cosmetics; (9) Fundamental Eyebrow Procedures; (10) Fundamental Eyeliner Procedures; (11) Fundamental Shaded/Blended Lip Procedures; (12) What’s My Eyebrow Color?, together with additional materials, collectively known as Fundamental Permanent Cosmetics Training Program
by Marjorie Grimm.
3. I understand and agree: Access to this material may be purchased at the website: www.permanentmakeuptraining.com. I will have unlimited access to the Materials on this educational platform.
A secure login will be provided and technical support and assistance accessing the materials will be provided by the website administrator. Any questions I may have will be directed to [email protected]
Technical support will consist of verifying the website is working properly and my access is confirmed. I understand it is my responsibility to provide my own technical support for my internet access, my computer, equipment or devices.
4. I understand and agree: To take all precautions to safeguard the Materials and hold them exclusive to my fundamental training students and activities.
5. I understand and agree: my failure to comply with these provisions will result in my account on the website being closed and further access to the material being denied.
6. I understand and agree: it is my responsibility to know and comply with my State’s (or Province’s) requirements for administering or delivering Post-Secondary Education/Training programs.