Terms and Conditions
I. Use of Site, Copyrights and Trademarks. Personal and Non-Commercial Use Limitation.
The terms, conditions, and notices contained herein are provided to you (“the Buyer/Consumer”) in conjunction with the use of the website, products, and services of Face Naked Studio LLC (“Company”). These terms and conditions are applicable to you upon you accessing the website and/or completing the registration or shopping process. The Company makes no representations or warranties about the completeness or accuracy of this website content.
The Company website(s) is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Company’s products or website(s) without the Company’s prior written consent.
II. Product Information
The products displayed on the website can be ordered and delivered only within the U.S. All prices displayed on the website are quoted in U.S. Dollars and are valid and effective only in the U.S.
If any minor uses any goods or product from Company, it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. All material and information presented by Company is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Company website(s) is not meant to serve as a substitute for professional medical advice: this website(s) is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical related questions and this website(s) does not replace any medical professional or medical resource. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the website(s). IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
III. Indemnification and Limits of Liability
The Company reserves the right to refuse sales and service to anyone for any reason at any time.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AGENTS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, CONSULTANTS, SUBCONTRACTORS, SUPPLIERS AND LICENSORS AGAINST ANY AND ALL CLAIMS, REQUESTS, ACCUSATIONS, ALLEGATIONS, ASSERTIONS, COMPLAINTS, PETITIONS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, GOVERNMENTAL INQUIRIES, INVESTIGATIONS, DAMAGES, LIABILITIES, ATTACHMENTS, JUDGMENTS, LOSSES, PENALTIES, FINES, SETTLEMENTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEYS’ FEES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, OF ANY NATURE ARISING OUT OF OR RELATED TO THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD OR SUPPLIED BY JJCES, ET AL., INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY OF JJCES, ET AL. THIS INDEMNITY IS INTENDED TO APPLY TO ANY THEORY OF RECOVERY INCLUDING, BUT NOT LIMITED TO, CLAIMS OF ACTUAL OR ALLEGED NEGLIGENCE BY JJCES, ET AL (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR CROSS, STRICT OR STATUTORY), PROVIDED THAT THE COMPANY’S LIABILITY WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT.
IV. Agreement between Consumers (Buyers) and Company
You acknowledge that your use of this website and/or election to purchase products or services from the Company constitutes your agreement to all of the terms, conditions, and notices contained herein. The Company reserves the right to change the terms, conditions, and notices contained herein with or without notice.
V. Refund and Exchange Policies
There are no returns, refunds or exchanges of purchased physical goods or training classes. The amount paid towards training classes is non-refundable, as per signed contract and/or student registration form. In purchasing products and/ or training classes, including any security deposits, you agree to these terms and waive your right to pursue credit card chargebacks and/ or civil lawsuits.
The Company will use your information to deliver products and services that you have requested or ordered. Occasionally, the Company will use your contact information to send you information about the Company, including information regarding special promotions and new products. The Company will promptly remove your name from our mailing list upon request. As you browse www.facenakedstudio.com, advertising cookies will be placed on your computer so that we can understand which products and services capture your interest.
VII. Force Majeure
Notwithstanding any other provision of this Agreement to the contrary, in the event the Company is prevented from performing its obligations hereunder as a result of any contingency which is beyond its control (such as any act of God, war, riot, national emergency, terrorist act, general embargo, fire, casualty, equipment failure, flood, earthquake or other similar occurrence) (any such event, a “Force Majeure Event”), the Company shall be excused from its inability to perform its obligations hereunder, but only to the extent and for the duration of the Force Majeure Event in question. The Company will provide reasonably prompt notice of the occurrence of such Force Majeure Event.
VIII. Terms of Treatment
This information is provided in addition to the information you have already received prior to your procedure/ service/ treatment/ training class, including the Medical Profile form, FAQs, information collected from www.facenakedstudio.com and any email/phone communication between you and your consultant. This information has been designed so that you can make a decision whether or not to give informed consent to Face Naked Studio LLC procedures/ services/ treatments, or The Face Naked Studio LLC’s training classes/ workshops. Please therefore ensure that you have read and understood this form, the documents mentioned above and the information provided to you. The purpose of this form is to document the information provided to you, before you decide whether or not to proceed with the services offered at Face Naked Studio LLC. It also documents your decision whether to proceed with the procedure/service/treatment/training class in the light of the information provided. Only sign the consent and/ or registration form if you are completely happy to proceed.
For services/ treatments/ procedures (herein after “services”):
– The service is an elective treatment and there is no medical reason that requires a client to proceed with the treatment.
– Services using pigmentation to apply colorants in the dermal layer of the skin is a form of tattoo. Like traditional tattoos, the service is permanent in nature and, although the treatment can be reversed, the markings can be difficult to remove and the success of any reverse procedure cannot be guaranteed.
– Clients may experience some discomfort (or even pain in rare cases) during micropigmentation, microblading, or non-laser tattoo removal services. Clients should be aware that there are potential risks and short- term and long term side effects such as, but not limited to, scarring and discoloration.
– As with any tattoo treatment, there is a risk of infection, although serious infection is very rare.
– Clients with a history of skin cancer, sun damaged skin or any other relevant medical condition should consult their physician before undergoing any services. In these circumstances, we may require a signed certificate from the client’s physician before proceeding with the treatment.
– The final outcome for any of the Company’s services is very dependent on the individual healing process and/ or aftercare procedures taken by each client. Pictures and images of potential outcomes shown prior to treatment are a guide to the results achievable and do not form a guarantee of individual outcomes of results.
– To obtain the best result, client must comply with our aftercare advice as described in our literature and must attend any follow- up appointments advised by our staff.
2. Cancellations, payments and complaints:
The Company reserves the right to collect a security deposit ($50-$400) to schedule any appointment. This is to block out the necessary amount of time in your practitioner’s schedule to ensure both parties will attend the appointment. We will notify you with the time and date of your appointment. If you are unable to attend your appointment, we require 48 hours notice to reschedule/ cancel your appointment without penalty. Failure to provide 48 hours notice may result in the forfeiture of your security deposit and/ or additional rescheduling and cancellation fees. Late arrival to an appointment may result in reduced treatment and/ or consultation time, or forfeiture of the appointment. The Company will ensure that your appointment runs to time, however, for reasons beyond our control, we may need to cancel, postpone or reschedule your appointment at short notice. In this unlikely event, we will make every effort to contact you in advance. We do not offer compensation if we cancel your appointment.
The Company will not be liable in contract, tort or otherwise for any economic loss, including, without limitation, loss of profit, or any other special, indirect or consequential loss or damage arising out of, or in connection with, its provision of any goods/ services to the client. It is the client’s responsibility to ensure that he or she will provide the Company all relevant medical details prior to treatment. The Company will not be liable for any damage that occurs as a result of the client’s failure to disclose such details. The client agrees to comply with all instructions and/ or recommendations given to them by, or on behalf of the Company regarding the care of the treated area.
The Company endeavors to treat all its clients appropriately, compassionately and fairly. However, if you have an issue with any matter in relation to your treatment, you are entitled to lodge a complaint, either verbally by telephone, or in writing. The member of the staff who initially receives the complaint will convey the details to the Manager and you will receive acknowledgement as soon as possible, and an investigation into the matter will be underway. During the course of the investigation, the Company may require you to attend an additional consultation with the practitioner involved in your treatment. If you are not satisfied with this initial attempt at resolution, or have any objection to being seen by this practitioner, the directors will review your case. If the complaint cannot be resolved locally, the matter will be referred to the directors, where your complaint will be again acknowledged formally and an appropriate solution will be proposed.
I confirm that I have read and understood the information set out above and in the documents provided to me. In particular I acknowledge that micropigmentation, microblading and non-laser tattoo removal treatments are a permanent change to my appearance and that there is no guarantee that the markings can be changed or removed at a later date. I understand the efficiency of the treatment varies from individual to individual and I understand that a small percentage of clients may fail to respond fully to the treatment and I as an individual may not respond.
I understand treatments may require multiple sessions due to the different skin type, hair tone, some clients will require more than one course of treatment and maintenance will also be required
I understand the treatment I receive will be appropriate for my specific needs and will be performed by an appropriately trained member of the Company.
I understand following treatment, the skin may be red and there can be a small amount of swelling as this is normal. Blistering or crusting is not common but can occur and can take weeks to resolve. I understand that if this occurs I will contact the Company in the first instance. I understand there is a risk of micro scarring although this is very rare.
I will follow any instructions/recommendations given to me by the Company regarding the care of the treated area prior to, during and/or after treatment. After treatment, treated areas should not be picked, scratched or traumatized and should be kept well moisturized as advised in the aftercare recommendations.
I understand following treatment, there may be hyper pigmentation or hypo pigmentation (marked lightening / darkening of the skin). Whilst these reactions are not very common there is a possibility they can occur. The Company will not be liable for any damage caused by my failure to follow the Company’s instructions/recommendations regarding care of the treated area prior to, during and or after treatment.
I confirm that I have advised the Company Representative of (i) any skin condition that I have in the area where the SMP™ treatment is to be carried out, such as (but not limited to) acne, scarring (Keloid) eczema, psoriasis, freckles, moles or sunburn; and (ii) any medical condition that I have or medication that I am on, which may affect my suitability as a candidate for the treatment. I understand I must ensure that the staff are informed of any changes to my medical details prior to each treatment session taking place, including any medication or herbal remedies I am taking. I will inform the staff if I am actively sun tanning. The Company will not be liable for any damage which results from my failure to ensure that they are informed of all relevant medical details prior to treatment.
I confirm that I have been given the opportunity to discuss the treatment with the Company Representative and I have had the opportunity to ask questions relating to this treatment.
I confirm that I am over the age of eighteen (18) and have provided proof of my age, if necessary.
I confirm that the information I have provided to the Company is true and accurate to the best of my knowledge and that there are no other matters which may affect my suitability as a candidate for the treatment.
I understand that photographs of my face and scalp will be taken before, during and after treatment and stored by the Company for the purposes of providing me with the treatment and for its internal records. I understand that these photos will not be used for any other purposes without my separate written consent.
I consent to the storage and processing of my personal data (including any photographs) by the Company for the purposes of providing me with treatment.
I understand that I may not always be able to be treated by the same practitioner.
IX. Terms of Training Classes
Due to the high demand for Training Program seats, a strict cancellation/ rescheduling policy is enforced. The paid amount of the training course is non- refundable, no exceptions. Should you need to schedule the Training Program for any reason MORE THAN ten (10) days prior to the scheduled Training Program date, then you may do so free of charge one time only. If you need to reschedule the Training Program for any reason WITHING ONE (1) TO TEN (10) days prior to the scheduled Training Program date, a non- refundable charge of $295 will apply. If I do not reschedule at least 24 hours in advance, or do not attend the Training Program, it will be considered a no show and I must repay the full cost of the training course to schedule a new training course. If a security deposit, upon special permission, is placed to reserve my seat in the class, the full remaining balance must be paid at least four (4) weeks prior to the class date. If the balance is not paid in full four (4) weeks prior, the class date must be rescheduled to the next available class date at least four (4) weeks after the full payment is received. As acknowledged previously, should you need to reschedule the Training Program for any reason (including failure to pay the remaining balance 4 weeks prior to the class date), then I may do so free of charge one time only. If I do not pay the remaining balance 4 weeks prior to the new rescheduled date, my security deposit will be forfeited. Again, the paid amount of the training course, including the security deposit, is non- refundable, no exceptions. If my account is under a payment plan, strict adherence to the Payment Plan Installment Agreement is mandatory. Failure to follow terms and conditions of contract will result in forfeiture of amount paid as well as my seat in the Training Program. As agreed upon in my contract and/ or student registration form, I authorize the Company to charge the credit card provided. I accept the responsibility for this payment and understand the cancellation/ rescheduling policy listed above. Due to the non- refundable cancellation/ rescheduling policy, I waive my right to credit card chargebacks for this transaction and will be liable for any associated legal and administrative fees.