This Piercing Academy Training Agreement (“Agreement”) is entered on the day of registration, by and between Sweetpea Aesthetics, LLC, a Utah limited liability company (the “Company”) and the person who has registered (the “Student”). WHEREAS, the Company offers a 2-day training course in becoming a piercing artist (the “Training”); WHEREAS, the Student desires to attend a Training and be trained in Piercings on the terms and conditions in this Agreement; NOW THEREFORE, for good and valuable consideration set forth herein, the receipt and sufficiency of which is hereby acknowledged, the Student and School agrees as follows:
- The Training. The Training will be on two consecutive days from 10am-6pm, on the day that was chosen, with a lunch break. Lunch is provided by the Company. On the first day of Training the instructor and students will discuss various topics and theory of becoming a Piercing Artist and practice on silicon mold skin. The following topics will be discussed: What is body piercing, layers of the skin & locations, Blood Bourne pathogens, Precautions when piercing, contraindications & side effects, post care instructions, knowing & understanding gauges, sterilizing instruments & tools, product knowledge, staying organized, business 101, licenses, insurance, consent forms, practicing on silicone ear molds and The Company will also demonstrate piercings on all the areas being taught on live model.
On the second day of Training, the Student will be able to perform piercings on models for all the areas being taught, such as:
- Lobes (Seconds, Thirds, Stacks)
- Conch
- Helix (Flat)
- Tragus
- Nostril
while being observed closely by the instructor.
2. Material Kit. The Company will provide the student a kit for the training that includes the following items:
- 14G Hollow Needles
- 16G Hollow Needles
- 14G Hollow Cannula Needles
- 16G Hollow Cannula Needles
- Titanium Sterling Silver Metal Grade Jewelry
- 20G L-Stud Silver (20pcs) Gold (20pcs)
- 1606 Labret Studs Silver (20pcs) Gold (20pcs)
- 1608 Labret Studs Silver (20pcs) Gold (20pcs)
- 1806 Labret Studs Silver (20pcs) Gold (20pcs)
- 1808 Labret Studs Silver (20pcs) Gold (20pcs)
- Disposable Clamps
- Receiving Tubes
- Hair Clamps
- Sharps Container
- Alcohol Pads
- Cotton Rounds
- Lip Applicators
- Nitrile Gloves
- Vasaline
- Surgical Markers
- Bactine
- Dental Bibs
- Ring Light
3. Tuition. The Student hereby agrees to pay the Company a total of $2500.00 for the Training and Kit. In order to secure a training date, an $500 non-refundable deposit is required upon execution of this Agreement. The remaining balance of $2000.00 is due and payable no later than one (1) week prior to the Training.
4. Student Duties. The Student agrees to the following:
- Attend the Training on time and for the full 2 days
- Prior to the Training, the Student must obtain and provide evidence of blood borne pathogens certificate of completion of an OSHA complaint training.
5. Acknowledgments by the Student. The Student acknowledged and agrees as follows:
- The initial $500.00 payment is absolutely non- refundable. The $500.00 non-refundable deposit shall not be pro-rated based on any Student’s ability to attend a portion of the Training. If a Student is unable to attend the complete two-day Training the student shall forfeit the $500 non-refundable deposit. Furthermore, the $500.00 non-refundable deposit shall not be applied to any future courses or Training. In the event a Student fails to attend the Training and desires to sign up for another course or Training, the Student will be required to pay the full amount for the additional Training, including any non- refundable deposit required to reserve a spot in the course.
- The Training requires full attendance by the Student on both days, with important topics being discussed on the first day that are essential for the Student’s success on the second day. In the event Student fails to attend the first day of Training the Student shall not be entitled to attend the second day of Training notwithstanding the Student’s ability to attend the second day of the Training.
- Due to the physical demands of being a piercing artist, it is not suitable for persons with neurological disorders that cause uncontrollable shaking, muscle spasms, or trembling that would impair them from safely or properly engaging in the piercing academy.
- It is the sole responsibility of the Student to contact their respective state, county and city licensing and health departments to inquire about licensing and insurance requirements for being a piercing artist. Each city, county or state may have different requirements for Piercings. Many government agencies have licensing and permitting requirements, including working in a permitted facility.
- In order to become proficient at piercing a personal effort, practice and skill is needed. There is no guaranty or promise of success or profitability in the event the Student elects to perform piercing as a business.
6. Confidential Information. The Student may not use (except for personal use), share, copy or distribute any text books or written materials provided by the Company, including a prohibition against using such materials in teaching or training other individual single needle tattooing. The Student agrees and acknowledges that the Company has spent significant amounts of time and money developing the following: printouts, books, and materials services and any other item designated “Confidential” by the Company, and other information used by it in its business that has great value and that enhances its ability to compete in its market (hereinafter, “Confidential Information”)
7. Indemnification. The Student shall defend, indemnify and hold the Company, its owners, employees, contractors and instructors harmless from all losses, costs, liabilities, damages, claims and expenses of any kind, including reasonably attorneys’ fees and costs, arising out of or resulting from (1) any breach or violation of any federal, state, local or municipal law, statute, ordinance or other governing law by the Student; or (2) the Student’s piercing of any person.
8. Severability. Should any part of this Agreement be finally declared invalid for any reason by a court of competent jurisdiction, such invalidation shall not affect the validity of the remaining portion hereof, which remaining portion shall continue in full force and effect.
9. Governing Law, Jurisdiction, and Venue. This Agreement is governed by the laws of the State of Utah in all respects, and the Parties hereto consent to exclusive jurisdiction and venue in the courts of Utah County, State of Utah.
10. Entire Agreement. This instrument sets forth the entire agreement among the parties and supersedes all prior agreements, whether written or oral. All parts of section titles or paragraph captions of this Agreement are for convenience only, and shall not be deemed part of this Agreement, and in no way define, limit, augment, extend, or describe the scope, content, or intent of any part or parts of this Agreement. Any amendment must be in writing signed by both parties.
11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their representatives, successors, and assigns; provided, however, that this provision shall not be construed as permitting assignment, substitution, delegation, or other transfer of rights or obligations Student.
12. Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach hereof shall constitute a waiver of any such breach, any subsequent breach of the same obligation, or of any other covenant, agreement, term or condition.
13. Costs of Enforcement. In the event that either party fails to carry out its obligations hereunder, the party in default shall pay all costs and expenses, including attorneys’ fees (including any incurred in connection with any appeal), incurred by the other party in enforcing its rights or in obtaining redress for the breach, whether by filing suit or otherwise.
14. Noncompete. The Student may not take or use any content from any of the text books, written materials provided by the company and create their own their own training manual. Student cannot train within a 60 mile radius of the company.
15. No Slander. Student agrees not to in any way slander or injure the business reputation or goodwill of the Company, including, by way of illustration, through any contact with Clients, potential students, any type of social media platform, suppliers, students which could slander or injure the business reputation or goodwill of the Company.