THE ART OF CHARM, INC.
TERMS AND CONDITIONS
By purchasing or using products and/or services offered by The Art of Charm, Inc. (“AOC”), you hereby agree to these terms and conditions (“Terms and Conditions”):
1. Payment Plan: You agree to make all payments due under the order, form purchase agreement and any other payment plan or agreement with AOC. Should you fail to adhere to your payment obligations, an additional $250 monthly fee will be added to your total outstanding balance owed to AOC.
2. Program Fees and Scheduling: All fees paid are final and non-refundable except as stated herein. We’re not trying to be difficult, but we’re setting up your prep, saving you a seat and getting the ball rolling on our end. Besides, we believe that we’d be doing you a disservice if we let you chicken out now. Don’t worry though, if you need to change program dates, just let us know and we’ll figure something out that works for both of us.
3. Guarantee. If by the end of the last day of your program you are not completely satisfied with the skills and knowledge that we teach you, having put forth a good-faith effort to learn and apply everything presented, we will refund your money. That’s how we roll. No hassles, no problems. All refund requests must be directed to an AOC employee, in person, ON THE LAST DAY OF THE PROGRAM PRIOR TO THE CONCLUSION OF THE CLASS, OR EARLIER, without exception. If you do not request a refund prior to the conclusion of the last class, you waive your rights to a refund. This is so we can either fix the problem while you’re here or make things good, right there on the spot. At the end of the day, happy program graduates are our best form of advertising, so we’re all on the same team in terms of getting you great results.
4. Default. If AOC engages an attorney or collection agency to collect from you any unpaid fees, you agree to pay all reasonable costs incurred by AOC in collecting the amounts due, including reasonable attorneys’ fees and expenses, whether or not suit is filed.
5. Liability and Indemnity. Participation in the program is subject to your execution of the Liability Waiver and Release provided by AOC. If you choose not to sign the Liability Waiver and Release, you will not be allowed to participate in the program. You can view the Liability Waiver and Release at theartofcharm.com/waiverandrelease.
6. Insurance. You agree to be covered by a health insurance policy at all times while participating in the program.
7. Force Majeure. AOC will not be liable for any failure to perform caused by your failure to comply with these Terms and Conditions or war, strikes or any other cause whatsoever beyond the control of AOC or customary force majeure event. In the event of such failure to perform, AOC may, at its sole discretion, either provide you a refund or reschedule the program date
(a) Entire Agreement. These Terms and Conditions, along with the purchase order form and the Liability Waiver and Release, constitute the entire agreement between you and AOC, and replace and supersede all prior representation, arrangements and/or agreements, and will not be amended, altered or changed except by a written agreement signed by you and AOC. In the event of a conflict between one or more provisions of these Terms and Conditions and another agreement or document, the provisions of these Terms and Conditions will prevail. No other provisions, terms or conditions will be binding upon AOC unless specifically agreed to in a separate written agreement signed by an officer of AOC.
(b) Severability. If any provision of these Terms and Conditions is held to be void, invalid, unenforceable or illegal by a court having competent jurisdiction or other tribunal, the remaining provisions will remain valid and enforceable.
(c) No Waiver. Failure of AOC to object to any provision contained in these Terms and Conditions, any purchase order or other communication, whether oral or written, from you will not be construed as a waiver of these Terms and Conditions or such other documents, nor shall an acceptance by AOC of any such provision. Any failure to enforce any provision of these Terms and Conditions or such documents by AOC will not constitute or be construed as a waiver of such provision or of the right to enforce such provision thereby. No waiver by AOC of any condition or provision herein or therein will be considered a waiver of any other condition or provision herein or therein or of the same condition or provision at another time.
(d) Assignment; Binding Authority. You may not assign or transfer any interest in these Terms and Conditions or any agreement with AOC without the prior written consent of AOC. Any purported assignment or transfer in violation of this paragraph will be void and of no effect. AOC may freely assign any agreement in connection herewith and its rights and obligations hereunder to any person or entity without notice. These Terms and Conditions will bind and inure to the benefit of you and AOC, and each of your and AOC’s respective successors, permitted assigns, legal representatives, administrators, heirs and/or executors.
(e) Governing Law; Jurisdiction and Venue. These Terms and Conditions and any agreement entered into in connection herewith will be construed and enforced by the laws of the State of California applicable to contracts negotiated, executed and wholly performed within the State of California, without regard to its conflict of law provisions. The venue for any action or proceeding arising from or based upon these Terms and Conditions and any agreement entered into in connection herewith must be resolved in the appropriate state or federal courts located in the County of Los Angeles, in the State of California. Client agrees to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for the purpose of litigating all such claims or disputes.
(f) Headings; Interpretation. Headings are inserted for reference and convenience only and in no way define, limit or describe the scope of these Terms and Conditions or intent of any provision. Wherever used herein, the singular will include the plural, the plural will include the singular, and pronouns will be read as masculine, feminine or neuter as the context requires.