Brows By Layal Terms and Conditions (“Terms”)
Last updated: November 18th, 2023.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.BrowsbyLayal.ca website (the “Service”) operated by Brows By Layal (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The Service and its original content, features and functionality are and will remain the exclusive property of Brows By Layal and its licensors. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Brows By Layal.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Brows By Layal.
Brows By Layal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Brows By Layal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You agree to defend, indemnify and hold harmless Brows By Layal and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Brows By Layal, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (ii) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Brows By Layal and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Brows By Layal ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Brows By Layal or any person for whom Brows By Layal is responsible, and even if Brows By Layal has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us at email@example.com
Terms and Conditions For PMU Training Courses
By purchasing micropigmentation training courses from Brows By Layal, you (‘the Client’) are agreeing to the below outlined terms and conditions. This Agreement (‘the Agreement’) is entered into between yourself and Brows By Layal, regarding group permanent makeup training and Brows By Layal advanced private tuition.
These terms and conditions are part of the contract you enter into when purchasing services from Brows By Layal and by processing payment, you are agreeing to them in full.
All micropigmentation and permanent makeup training courses are provided by Brows By Layal (herein referred to as ‘Brows By Layal’, ‘we’, or ‘us’). Brows By Layal is a company registered in Canada and Ontario with the company number 78423 0740. All courses take place onsite at a location agreed on during booking.
These terms and conditions are part of the contract you enter into when you purchase training courses from Brows By Layal.
(1.1) Brows By Layal will provide all courses advertised on our website with responsibility and care, adhering to industry codes of conduct with the exception of in specific circumstances or circumstances out of our control, which are noted in clauses 4 and 10.
(1.2) We do not appoint sub-contractors to assist us with the running of our courses and carry out all training in person. Our primary obligation to you is to run educationally focused courses which provide you with the fundamental knowledge required to practice micropigmentation safely and responsibly and as such undertake all training personally to ensure your best interests are in mind.
(2) COURSE BOOKINGS
(2.1) By making a booking or enrolling on a course with Brows By Layal, you are confirming that you are the individual who will personally be undertaking the course and are not representing an individual. If you are making a gift purchase for a family member or colleague, you agree that you will before the enrolment date, send these terms and conditions to the new student, advising them to read the document in full before training commences, as all outlined points must be agreed and adhered to.
(2.2) In order to make a booking you must be 18 years or over. Brows By Layal does not provide training to individuals under the age of 18 years, or to students who are not residents of Canada.
(2.3) Before any bookings are confirmed, a contact form must be completed in full (which can be found on our website at https://browsbylayal.ca/contact-us and a telephone or face to face meeting being arranged in order to ascertain suitability for the training. Once suitability has been confirmed your full details will be required and a deposit or full payment made to secure your place on the course. If your booking request is accepted, we will email you directly an enrolment letter, to confirm the date on which training will take place and the balance remaining (if any outstanding monies are due). By sending a completed booking request and being sent an enrolment letter, you are agreeing to be bound by these terms and conditions. If you have not received a confirmation of your place on the training course within 5 working days of our conversation or meeting, please email us at firstname.lastname@example.org.
(2.4) Once your booking request has been formally accepted by us in writing (either by email of an enrolment letter or in person), you (as the student named on the booking form) will be entering into a formal binding contract with us, which will comprise of these terms and conditions, information provided on your booking form and training site rules and regulations. You will be liable for any outstanding payments due regarding your course. The date on which this contract commences will be the date on your enrolment letter / email. It is your responsibility to check all information and start dates noted on the enrolment letter and to contact us via email at email@example.com if any errors have been made, so that we can rectify them with immediate effect.
(2.5) These terms and conditions constitute the agreement between us and will outline our commitment to you and your commitment to us as a student.
(2.6) Course descriptions provide an overview of what the training will include and expected outcomes. Course descriptions do not form part of our contract between us and you. If training requires flexibility and modifications to suit your specific needs, this will be taken into consideration and adjustments made within reason to accommodate your needs. Should additional expenses be required to implement these changes you will be responsible for these and will be notified in advance of them being carried out. We will not be held responsible for any compensation, loss of earnings, incidental costs and expenses associated with these changes and advise that you take out insurance to cover such instances.
(2.7) Brows By Layal retain the right to decline and refuse a booking request, without the need to provide a reason. In such an instance no formal contract will be entered into and in the case that payment has been made in advance of your meeting with us, it will be returned to you in full.
(3) PAYMENTS & DEPOSITS
(3.1) All payments and deposits are payable in Canadian Dollars (CAD). Course fees are subject to GST.
(3.2) Unless specified otherwise by us, all fees and deposits payable with your booking request once approved are as follows;
A deposit of $1,000 is required for all courses. Upon receipt of this a receipt and enrolment letter will be sent out to you.
The pending balance is required to be paid 24 hours before the initial classroom training commences.
Depending on what treatments are being studied a further payment of between $1-3,000 (which will be outlined in your enrollment letter) will be required 24 hours before onsite practical days take place.
(3.3) All payments must be made by the date specified in the enrolment letter.
(3.4) Failure to make payments on time will mean that you will not be permitted to proceed with the course until payment is received. In the event of late or non-payment, your booking will be deemed cancelled and you will forfeit your rights to your deposit and course training.
(3.5) Payment methods accepted are; cash, bank transfer (details will be included in the enrollment letter), Visa, which can be processed over the telephone. There may be additional booking charges applied to bookings made via credit card, which you will be advised of before payment is taken. We reserve the right to levy a surcharge if applicable on course prices.
(3.6) We reserve the right to increase and make modification to our course fees at any time. Any such increase will be notified to you as soon as possible. Once a contract has been entered into the course fees and due payments will remain as stated on your enrollment letter.
(4) CANCELLATIONS & REFUNDS
(4.1) No refunds for payments made will be issued if you decide to cancel the course after an enrollment letter has been issued and you have entered into a contract with us. If you wish to cancel your booking before an enrolment letter has been issued, you will be required to send an email to us at firstname.lastname@example.org. The course payment scheme has however been designed to follow a pay as you go approach. If in the unusual circumstances you decide that you do not wish to pursue permanent makeup as a career or have to cancel due to medical reasons out of your control, no refunds will be made for payments already made, however we will consider cancelling the payments owed for future training on an individual basis. It is important to note that full attendance and the completion of observed treatments will be required before you can practice and obtain our graduation certificate. We will not be liable to pay for any incidental costs, expenses or compensation as a result of you cancelling the course, or for any other costs relating to loss of earnings or loss of damages arising from the cancellation.
(4.2) Failure to attend a course will be deemed a cancellation and you will forfeit your deposit and entire course fee. Likewise if you leave a course before completing it in full and passing all observed assessments, you will forfeit any payments made to us and will not obtain a graduation certificate.
(4.3) We understand that unplanned events happen that are out of your control which may result in you cancelling the course and recommend that you take out insurance for such eventualities, which includes protection against course cancellation. However as mentioned in clause 4.1 we will review each case on an individual basis. Our decision will be final.
(4.4) We reserve the right at our discretion to cancel a course before or after it has started for reasons of ‘Force Majeure’ (as outlined in clause 10.1) and in such an instance will not be held liable to pay any compensation, expenses, incidental costs, damages or loss of earnings that may arise. Please be advised that we recommend you to take out insurance cover which includes protection against course cancellation.
(4.5) All micropigmentation course fees are subject to change without prior notice. Current prices will be displayed on our website at www.BrowsbyLayal.ca
(5) COURSE REQUIREMENTS FOR DELEGATES / STUDENTS
(5.1) Each course carried out by Brows By Layal is either 1:1, 2:1 or a maximum of a 6 person basis, to ensure tailor made training. In the instance that training takes place in a small group setting you will be notified of this in advance of the training commencing. We comply fully with all Alberta, Canada data protection laws and do not share your information with any third parties, without your consent.
(5.2) As a student of Brows By Layal you will be expected to conduct yourself with professionalism and adhere to industry codes of conduct and health and safety regulations, which will be discussed throughout training at all times. If at any time it is considered that you are not complying with these rules and regulations then we have the right to stop training with immediate effect and have a formal discussion about behaviour and ongoing expectations. Specific regulations will be explained at the start of the course which you will be required to observe. The use of alcohol or non-prescription drugs when training is strictly forbidden and if you are deemed to be under the influence of such substances training will not take place.
(5.3) You will be required to obtain insurance to practice (against medical and personal accident risks, valid for Alberta, Canada). You will also be required to have started immunisation against Hepatitis C and other immunisations as advised by us. It is the sole responsibility of yourself to find out rules and regulations regarding practicing in your area from your local council and to ensure that your insurance cover is sufficient to meet your requirements and needs, including disclosing any pre-existing medical conditions to your insurers and all other information requested.
(5.4) You must be 18 years or over to enrol on the course and will be required to have a good understanding of both written and spoken English, in order to be able to communicate effectively with training models and future clients in a safe and effective manner.
(5.5) If you have a specific medical requirement or additional learning needs, you must inform us of this prior to the start of your training course. Filming the entire training is prohibited for copyright reasons, however you will be permitted to take images of work you have carried out and also audio record certain parts of the training if necessary for your learning needs, under special arrangements.
(6) USE OF EQUIPMENT & TRAINING PREMISES
(6.1) Equipment is provided for each student for onsite training. The equipment provided comprises of the fundamentals you will require to train effectively in micropigmentation namely; a PMU device, power supply, needles, pigments and consumables (gloves, apron, sanitisers, micro brushes, dental bibs, barrier film, sharps bin, cosmetic pencils, sharpener and callipers) required for carrying out a health and safety compliant training. If for any reason you feel you require additional equipment to train with, this will be discussed in person throughout onsite training.
(6.2) You will be responsible for the purchase of and wearing of suitable beauty tunics, trousers and flat (non slip) shoes for onsite training days. If we deem your clothing to be inappropriate or unsafe we retain the right to stop the training from going ahead, until suitable clothing is worn.
(6.3) A pre-course manual may be sent out to you, depending on the course taken, 1 month before training takes place for review, after a deposit has been made.
(6.4) You agree to take reasonable care of our property and equipment when training onsite. We reserve the right to charge you for the reasonable cost of replacing or repairing any equipment or items which are damaged by you during a course through negligence or not handling with sufficient care as instructed.
(6.5) Brows By Layal hold micropigmentation courses in Edmonton, Alberta, Canada at a location agreed upon during booking. You will be responsible for your luggage and personal equipment at all times. We take no responsibility for any loss or damage to any of your personal belongings when training.
(6.6) A full list of equipment provided as part of our training courses is available by email and other info on our website at www.browsbylayal.ca . For further information about suppliers we use and warrantees, please email us directly at email@example.com
(7) HOURS OF ATTENDANCE, ASSESSMENT DAYS & CERTIFICATION
(7.1) Training normally takes place Saturday to Sunday between the hours of 10:00 – 21:00. Classes start promptly and if you are late will not run over to make up time. It is your responsibility to catch up for time missed. Training does not take place on Alberta bank holidays.
(7.2) You will be required to attend all training days, in addition to completing additional work at home if required. Failure to attend on the first day will preclude you from attending any further part of the course and you will not be titled to a refund, or offered an alternative start date.
(7.3) We do not provide student accommodation, however are happy to recommend local hotels which you will be required to pay for directly, if you do not live locally.
(7.4) Pre course study is required depending on the course taken, involving 20 hours of pre-study using the training manual which will be sent to you before onsite training commences.
(7.5) In addition to training you will be required to successfully carry out a series of observed permanent make-up procedures, in addition to 2 case studies of eyebrows, 2 case studies for lips, manual and written exams, which will be assessed by us. If we do not deem your work of a sufficient standard to pass the course, we will ask you to complete further case studies until we are satisfied that your work and competence is of a high level and acceptable for certification.
(7.6) Training will be assessed by documenting each case study with before and after photos, which will be approved by us and an assessment of work on 1 live model.
(7.7) The first two assessment days are part of your course. If a third assessment day is required this will also be complimentary, however if additional assessments are required after this, charges of $200 per assessment will be incurred by yourself.
(7.8) In order for assessment to take place you will be required to have a 100% course attendance rate.
(7.9) Upon the successful completion of the course, post course mentorship is provided by Facebook, messaging, or telephone which has no time limit.
(7.10) Payment for and attendance of training does not guarantee a qualification or certificate of achievement. Certificates are gained by the successful completion of the criteria and the assessment of case studies to ensure that you have the knowledge and skills required to successfully and safely carry out permanent makeup procedures.
(7.11) We shall not be liable to you, whether in contract, breach of statutory duty or otherwise including loss or profit, indirect or consequential loss, statutory duty or tort (including negligence) in connection with the provision of our training, certification or the cancellation of training in exceptional circumstances
(8.1) We take all complaints very seriously and actively encourage honest and constructive communication. If you have a complaint we will aim to resolve it with immediate effect in person, however should you feel the need to document it please email us directly at firstname.lastname@example.org. Unless you bring a complaint to our attention we will be unable to address and resolve it to the best of our ability so please let us know as soon as possible. We do not respond to complaints made via social media and airing opinions in this way will not be tolerated. If you send us a complaint via email we will aim to respond to you within 7 working days. In accordance with Canadian law we will not be liable regarding any claims/complaints raised later than 30 days from the end of the training.
(9.1) Our courses are insured with Magnus Insurance.
(9.2) Upon the successful completion of our training, students can consult with Magnus Insurance.
(10) FORCE MAJEURE
(10.1) In exceptional circumstances out of our control, we may be required to cancel or reschedule a course. A Force Majeure event includes an accident or event out of our reasonable control such as; air and public transport strikes, acts of terrorism, industrial workplace action, threat of terrorist attack, extreme weather, war, acts of God, fire, subsidence, epidemic, natural disaster, power/gas/water leaks, loss of electricity, malicious damage, compliance with the police or government order, breakdown of machinery, postage strike, bankruptcy of suppliers etc. If an event is deemed to be Force Majeure we will do our best to provide/commence training at the earliest possible date and at a suitable alternative location (deemed appropriate by us if required), however we cannot be held liable or responsible for loss of damages, earnings, incidental costs, compensation or claims which may arise as a result of unavoidable circumstances.
(11) POST COURSE CLAIMS AND LIABILITIES
(11.1) It is the sole responsibility of you to ensure that you have carried out sufficient research regarding available micropigmentation training to suit your specific needs before enrolling on our course. Brows By Layal takes no responsibility for any claims made against you after you have completed training with us. You take full responsibility to follow Canada/Alberta law, council regulations, health and safety requirements and industry codes of conduct when carrying out micropigmentation procedures on clients.
(12) EARNINGS & EXPECTATIONS
(12.1) We take no responsibility for your earnings post course completion. Any information regarding possible income provided by us, is done so in good faith, however we do not guarantee earning potential and do not offer distributorship, training opportunities or specific business development opportunities to increase your income.
(13) Canadian Law
(13.1) These terms and conditions are governed in accordance with the laws of Alberta and Canada and the parties agree to submit themselves to the exclusive jurisdiction of Alberta courts.
(13.2) These terms and conditions constitute an agreement between both parties and by making payment for training you are agreeing to them.
(14) VARIATION OF TERMS & CONDITIONS
(14.1) These terms and conditions may be modified and updated at any time, without any notice. You will be subject to the terms and conditions in place at the time of booking and are responsible for reading the current terms and conditions published on our website before booking any further courses. If we are required to make changes to our terms and conditions as a result of Alberta law or changes made by the government, the revised terms and conditions will be applicable with immediate effect.
Brows By Layal are committed to your ongoing personal development. Our sole purpose is to provide high standards of training with relation to permanent makeup and micropigmentation and all training notes and onsite classes have been designed to help further your knowledge and confidence in this area of the beauty industry.
If you have any queries or questions with relation to the above terms and conditions please email us at email@example.com