Black Bella Spa Academy- About SMS & MMS text messages:

Black Bella Spa Academy provides private training classes focused on teaching users how to use spa equipment and market their business to end users.

By registering for our training classes, you must provide your cell phone number for the purpose of receiving text marketing and informational messages about our service. You can cancel the SMS text service at any time. Simply reply "STOP" to the messages that you have received. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the text messaging program, reply with the keyword HELP for more assistance, or reach out directly to co[email protected]

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

Program Fee Adjustment.
If the Program Fee or price amount is not paid in full within 7 days of the agreement execution date, The enrollment fee shall change to $6,500 and shall be due in accordance with this agreement.

Fee.
The Enrollment Program Fee is non-cancellable, non-refundable, due in full, and payable upon execution of this Agreement. For the avoidance of doubt, the Program

Fee is based on access rights acquired, not actual usage, and Your obligation to pay the full amount of the Program Fee exists whether or not You (a) complete the Program during the Term, (b) ever access the Program, or (c) experience results similar to those of other clients who have completed the Program.

Payment Plan Terms.
You agree to the responsibility of the completion of the fee above and compliance to any and all payment terms listed within this agreement and any separate external finance agreement used to fund this enrollment, regardless of whether you actually utilize the services/products, complete the program and/or discontinues, terminates the service(s)/program for any reason. Payment is still due even if your finance terms are beyond your enrollment term end or early termination date.As a courtesy, Halema, Inc may permit You to pay the Enrollment Fee in installments (“Payment Plan”). The Payment Plan requires You to submit an initial payment on the Effective Date, and to make subsequent payments until You have paid the full Enrollment Fee 7 days prior to course date. You must make all payments required under the Payment Plan, as detailed below. Halema, Inc will automatically withdraw all Payment Plan payments on the due date. A Payment Plan in no way alters Your obligation to pay the full amount of the Program Enrollment Fee. The full Program Enrollment Fee remains non-cancellable and non-refundable. If You fail to abide by the terms of a Payment Plan, You will be in Payment Default.

Authorized Charges.
If You have not paid the Program Fee in full on the Effective Date, You must pay all Authorized Charges. “Authorized Charges” are all amounts You owe to Halema, Inc including but not limited to Payment Plan payments for the full amount of the Program Fee, monthly Payment Plan late fees, interest due on late Payment Plan payments, and unpaid amounts, return check fees, chargeback fees, and any other fees incurred by You under this Agreement (“Authorized Charges”). You authorize Halema, Inc to immediately withdraw all re-occurring and one-time Authorized Charges that are due. Halema, Inc is not required to obtain any additional authorization to process any Authorized Charges that are due. You will not make chargebacks for any Authorized Charges that are due, and if Halema, Inc has to defend against a dispute chargeback, You are responsible for any and all fees incurred by Halema, Inc in resolving any dispute chargeback. All Authorized Charges must be made in United States dollars, by wire transfer, credit card, ACH payment, or by negotiable instrument drawn upon a United States bank.

Payment Information.
To allow Halema, Inc (or its third party payment service provider) to process all Authorized Charges owed by You, You must provide Halema, Inc with current, complete, and accurate billing information including Your full legal name, mailing address, billing address, telephone number, payment information, or credit card information (i.e. credit card number, and expiration date) (“Payment Information”). You must promptly update all Payment Information to ensure that it is current, complete, and accurate. You must promptly contact Halema, Inc if Your credit card is lost or stolen or if any Payment Information is out-of-date.

Payment Default.
Your right to access and use the Program is conditioned upon Halema, Inc’s receipt of all Authorized Charges. You are in breach of this Agreement, if at any time any Authorized Charges cannot be processed according to the Payment Information that You provided, if any Authorized Charges are refunded for any reason (including chargebacks), or if any Authorized Charges are not paid when they are due (“Payment Default”). Any Payment Default that is not resolved within seven (7) calendar days will incur a forty dollar ($40.00) a month late fee and will continue to incur late interest at the rate of 1.5% of the outstanding balance of the Program Fee, per month, or the maximum rate permitted by law (whichever is higher) until paid in full.

Suspension and Acceleration.
Upon Payment Default, without limiting its other rights and remedies, Halema, Inc may (a) either suspend or terminate Your access to the Program (“Suspension Period”) and (b) accelerate the Payment Plan so that the Program Fee becomes immediately due and payable in full (“Payment Acceleration”). Halema, Inc will attempt to process delinquent Authorized Charges every day until You are current under the Payment Plan and have paid the all Authorized Charges in full. The Suspension Period will continue until You are current under the Payment Plan and have paid the Authorized Charges in full. You remain responsible for all Authorized Charges during the Suspension Period and those Authorized Charges associated with Payment Acceleration. Halema, Inc will not extend the Term to account for the length of the Suspension Period, and Halema, Inc will not be liable to You for Your inability to access the Program during any Suspension Period.

Delinquency and Collections.
Upon Payment Default, Halema, Inc will take any steps it deems necessary and retains the right to report any Payment Default to a credit reporting bureau, collection agency, or government agency with jurisdiction, and to take any other actions that Halema, Inc decides in its sole discretion are necessary to receive payment of delinquent Authorized Charges. You are responsible for all costs and expenses incurred by Halema, Inc in connection with the collection of delinquent Authorized Charges, including monthly late fees, interest on delinquent Authorized Charges, collection agency fees, collection attorney fees, court costs, and other associated legal fees.

WHAT YOU’RE GOING TO GET

Up to 2 Days of Access to Train with Josei $10,000 VALUE

Sculpting Technique Master $6,600 RETAIL

Document & Forms $3,597 VALUE

SPA Talent Management Resources $5,927 VALUE

Business Builder Program $4,500 RETAIL

Power Partner List $2,997 VALUE

****Paid in Full Bonus - 2 Professional Machines PRICELESS

Other Inclusions:

BONUS LYPOSLIM BODY WRAP TRAINING FREE ADMISSION

ADVANCED ACCESS TO VIRTUAL COURSE

BONUSES LEARNING KIT & PRODUCT SAMPLES

-MEASURING TOOLS

-BODY OILS

-ULTRASOUND GELS MEDIUM & HIGH VISCOSITY

Company's Right To Terminate.
The Company may terminate the Student's enrollment without a refund, in its sole discretion, the term of this Agreement and the rights granted to the Student pursuant to this Agreement if the Student engages in dishonesty, illegal conduct or misconduct that is in each case injurious or engages in any act that is an offense involving moral turpitude under federal, state, or local laws or which tends to shock, insult, or offend the general public or ridicule public morals and decency. In addition, the Company may terminate this agreement and all rights granted to Student pursuant to this Agreement if Student takes any action which is disruptive to the other participants'.

Refunds & Cancellations. Any amount paid toward this program is non-refundable. This program is Non-refundable and No cancellations of the fee due will be honored after the execution of this enrollment.

Access. Halema, Inc may Suspend your access to the deliverables in this enrollment if any payment towards this enrollment is late, declined, returned or disputed.

We reserve the right to suspend your access until your enrollment fee is paid in full.

Force Majeure. Neither Party will be responsible for failure or delay of performance if Halema, Inc's by an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not Halema, Inc by the obligated Party; pandemic, widespread illness, travel restrictions from riots, the government, or other government restrictions; or other event outside the reasonable control of the obligated Party. Each Party will use reasonable efforts to mitigate the effect of a force majeure event.

Limitations of Liability and Damages

The Liability by Halema, Inc, its employees, agents, associates, successors, assigns, and legal representatives under this Agreement is limited in direct proportion to the compensation paid to Company under this Agreement, and shall not, under any condition, exceed the amount already paid to Company at the time of any such claim, demand or Halema, Inc of action whatsoever.. EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 6400, et seq., IF APPLICABLE.

Conduct Requirement. You must (a) respect Halema, Inc’s time and expertise; (b) follow all rules and policies communicated to You; (c) engage in a cooperative, professional, and respectful manner towards Halema, Inc, Team Members, Halema, Inc customers, clients, invited guests (“Program Participants”), any individuals You choose to interact with as part of the Program; and (d) must not become noticeably intoxicated. The aforementioned items (a) – (d) are hereinafter collectively referred to as “Conduct Requirements.” The Conduct Requirements apply to all in-person or online events hosted by Halema, Inc (“Event”), and extend to venue personnel at any Event. Your compliance will be determined in Halema, Inc’s sole discretion. If You fail to comply with the Conduct Requirements, You will be responsible for and agree to pay all amounts, including costs, fees, damages (direct, indirect, consequential, exemplary, incidental, and special damages), attorney’s fees, fines, and loss of revenue or profits) proximately Halema, Inc by your conduct.

Indemnification. Student agrees to indemnify and hold Halema, Inc harmless against any and all third party proceedings, Halema, Inc of action, suits, damages, losses, liability, costs and expenses (including reasonable legal fees and attorney’s fees) whatsoever that may arise, either directly or indirectly, out of the terms, conditions, representations and/or duties set forth in this Contract, except to the extent that as a result of Halema, Inc’s reckless disregard for the consequences of any such act or failure to act, or Halema, Inc’s intentionally Halema, Inc those consequences, Halema, Inc Halema, Incses Student to incur damages.

Protection of Confidential Information. As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect its own confidential information of like kind, and will (a) not use any of the Disclosing Party’s Confidential Information for any purpose outside the scope in this Agreement; and (b) except as otherwise authorized by the Disclosing Party in writing, will limit access to the Disclosing Party’s Confidential Information to those employees, legal counsel, accountants, and contractors who need to know the Confidential Information, for purposes consistent with this Agreement, and who have confidentiality obligations at least as restrictive as than those herein. Notwithstanding the foregoing, Halema, Inc may disclose the terms in this Agreement to a third-party to the extent necessary to perform Halema, Inc’s obligations under this Agreement and to exercise Halema, Inc’s rights under this Agreement.

Intellectual Property. All world-wide intellectual property, industrial property, and other proprietary rights, title, and interest in the Program, whether registered or unregistered, trademarks, patents, copyrights, and other intellectual property rights including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all information in the Program and compilation thereof (excluding the intellectual property of any third-party), belong to Halema, Inc and are valuable trade secrets of Halema, Inc (“Halema, Inc Intellectual Property”). Nothing in this Agreement or in the Program grants You a license to any Halema, Inc Intellectual Property, whether by implication, estoppel, or otherwise. You should assume that everything You see or read in the Program is Halema, Inc Intellectual Property, unless otherwise noted, and may only be used with the express written permission of Halema, Inc. Your use of the Program is governed by and subject to all laws governing the use of Halema, Inc Intellectual Property and the intellectual property rights of others. If You violate any part of this section thirty-four (34), Your License automatically terminates, and Halema, Inc reserves the right to pursue all legal rights of action against You.

Non-Disparagement. For the Term of this Contract and for five (5) years after the Contract’s termination, Student will not disparage Halema, Inc, Josei Harris or any Black Bella affiliate otherwise take any action that could reasonably be expected to adversely affect Halema, Inc’s, Black Bella Brands of Josei Harris' reputation or public perception. Additionally, Student will not disparage any of Halema, Inc’s directors, officers, agents, coaches, executives or employees, or otherwise take any action that could reasonably be expected to adversely affect the personal or professional reputation of any of Halema, Inc’s directors, officers, agents, executives or employees.

Non-Solicitation. The parties agree that, for a period of five (5) years from the date hereof, neither party nor the party’s employees, agents or advisors will solicit any of the officers, directors Student or employees of the other party or the other party’s affiliates or subsidiaries to terminate the employee’s employment with the employee’s employer at the time of this Agreement.Non-Circumvention.
The Student agrees that its employees, agents, and advisors will not attempt to do business with, or otherwise solicit, any Student, Coach, Student or Potential Coach or Student, regardless of the nature of the agreement between the Student and the Company, and regardless of the nature of the Undersigned's solicitation, for the purpose of circumventing, the result of which shall be to prevent the Undersigned from realizing or recognizing a profit, fee or otherwise, whether in full or in part, without the specific written approval of the Company.

Photography, Video, And Audio Waiver And Release. Portions of the Program or an Event may be recorded in video, audio, photographic, or any other transmission form (“Recording”). By participating in the Program or an Event You grant Halema, Inc the right and permission to use all Recordings in association with Your actual or simulated name, image, likeness, appearance, voice, biographical details, statements, testimonials, or photograph for any purpose, in any manner, in any medium or context, now known or hereafter developed, throughout the world, without further authorization from, or compensation to, You or anyone acting on Your behalf. This includes filming by the police or security staff which may be carried out for the security of customers or the prevention of crime. All Recordings are the exclusive property of Halema, Inc, and Halema, Inc exclusively owns all rights to every aspect of each Recording, which includes the right to create derivative works therefrom. Furthermore, upon request by Halema, Inc, You will sign all documentation necessary to allow Halema, Inc to perfect its intellectual property rights in a Recording. I understand and agree that all photos and videos will become the property of Halema, Inc and/or its affiliates and will not be returned.

Prohibited Activities. A. In connection with Your use of the Program, You will not do or attempt to do the following: (1) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code; (2) access the Program by any means other than through Halema, Inc provided interfaces; (3) manipulate or otherwise display the Program by using framing or similar navigational technology; (4) use the Program in any manner that could damage, disable, overburden or impair Halema, Inc’s servers or networks, or interfere with any other user’s use and enjoyment of the Program; (5) gain unauthorized access to any part of the Program, including the website, accounts, computer systems, or networks connected to the Program through hacking, password mining or any other means; or (6) obtain any materials or information through any means not intentionally made available through the Program or harvest or otherwise collect information about other users. B. Additionally, You will not do or attempt to do the following (1) distribute, share, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any documents, information, software, products, or services obtained through the Program; (2) share, submit, or transmit any material (“Post”) that contains a virus or corrupted data; (3) delete any author attributions, legal notices, trademarks, or proprietary designations or labels; (4) register, subscribe, or unsubscribe any party, other than You, for any Halema, Inc product or service; or (5) violate any applicable local, state, national, or international law, rule, or regulation, or use the Program for any purpose that is prohibited by this Agreement. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY Halema, Inc TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. RECORDING VIDEO, AUDIO OR IMAGES IS PROHIBITED. (6) Attempts to record or capture content in part or whole will forfeit course enrollment, participation and any fees paid.

Posting Restrictions. If You choose to Post to any Interactive Platforms within the Halema, Inc community, You will not do the following: · Post rumors or negative opinions that are not supported by facts. · Post content that interferes with or disrupts a Halema, Inc or third-party website, the Program, or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or website. · Post content that may be viewed as unlawful, encouraging criminal conduct, libelous, harassing, discriminatory, bigoted, hateful, racially offensive, vulgar, defamatory, obscene, false, inflammatory, profane, pornographic, objectionable and not socially or professionally responsible or appropriate in person, intending to abuse, stalk, threaten, intimidate, or infringe on the rights of others, infringe on contractual or fiduciary rights, or give rise to criminal or civil liability. · Post content that violates the privacy or publicity rights of any other person, including, without limitation, Posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, social security numbers, credit card numbers, or any trade secrets or information for which there is any obligation of confidentiality. · Post content that in any way harm minors. · Post content that impersonates Halema, Inc or any other person or entity, whether actual or fictitious. · Post content that misrepresents Your affiliation with any entity and/or Halema, Inc. · Delete or revise any content posted by any other person or entity. · Post content that constitutes junk mail, spam, or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services, blogs, articles, business pages, affiliate offers, or any political campaigning. · Post content advertising Your programs, products, or services or inviting others to join other social platforms, networking groups, or programs. · Post content that in the sole judgment of Halema, Inc is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Program whether on a Halema, Inc or third party website, or which may expose Halema, Inc or its users to harm or liability of any nature. · Post content that infringes on any patent, trademark, trade secret, copyright, or another intellectual or proprietary right of a party. Users are solely liable for any damage resulting from a Post that contains any infringing content. · Collect information about the users of the Interactive Platform or use such information for any purpose.

Termination. We may terminate this Agreement, deactivate Your account, and/or Your License to access use the Program immediately, without prior notice or liability to You, if You breach any section of this Agreement. Furthermore, Halema, Inc reserves the right to change, edit, suspend, delete and/or cancel any part of the Program and/or Your access to it at any time with or without notice to You if required by law, or due to an event beyond Halema, Inc’s control. You may also request that Your access to the Program be terminated. Upon termination of this Agreement for any reason: (1) all rights granted to You under this Agreement will immediately cease, (2) You must immediately cease all activities authorized by this Agreement (including Your use of the Program), and (3) You will not be eligible to receive any future products, services, advertised bonuses related to the Program. Under no circumstances will termination of this Agreement, due to Your breach or due to Your request, entitle You to receive any credit or refund of the unpaid portion of the Program Fee and any other Authorized Charges. Termination of this Agreement due to Your breach or by Your request will not absolve You of Your legal obligation to pay the Program Fee which is non-cancellable and non-refundable. You will also continue to be responsible for all incurred and unpaid Authorized Charges.

Survival. Any provision of this Contract that imposes an obligation after the termination of this Contract shall survive the termination of this Contract, including but not limited to the confidentiality, and disparagement imposed by this Contract. However, nothing herein shall be construed as a limit on the applicable statute of limitation for bringing a legal claim for breach of any such provision.

Compliance with Laws.

You agree to comply with all applicable federal, state and local laws, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission. Representations.
We have made every effort to accurately represent the Program and its potential. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. By signing below, you acknowledge that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money as a result or your participation in the Program.Earnings Disclaimer.
The testimonials, reviews, client results, and client earnings presented on Halema, Inc’s websites and social media pages are those of previous or existing clients who purchased and used Halema, Inc information, products, or services. All testimonials and reviews are voluntary, unpaid, and no clients were provided with free products, services, or any benefits in exchange for their testimonial or review. The testimonials and reviews are presented verbatim except for grammatical and typing corrections, edits for clarity, edits to remove extraneous information, and edits to fit an allotted amount of space. The client results and earnings presented in testimonials and reviews are not typical, they represent the unique experiences of specific clients, and they are not representative of all clients. The results achieved by any person who purchases products or services from Halema, Inc will vary based on several factors including an individual’s background, business experience, capacity, and work ethic. All business involves some unknown risks that can reduce the results any individual experiences. Halema, Inc does not guarantee that any individual will experience identical or similar results to that of any client depicted. Halema, Inc is not liable for the success or failure of Your business whether in/directly related to the purchase of the Program, Halema, Inc information, products, or services.

Relationship of the Parties.
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Each party will be solely responsible for payment of all compensation owed to its employees, as well as all employment-related taxes.

Waiver of Dispute.

You agree that you will not do a chargeback or file a dispute for this purchase. Once the Student completes this enrollment agreement, Student waives any right to cancel after that, or exercise credit card chargebacks or return of orders. Student further agrees that a chargeback effectively forms an agreement to pay a cancellation fee of $200 for processing of chargebacks.

Arbitration Agreement.

a. Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:

1). claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;

2). claims that arose before these or any prior Terms became effective;

3). claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

4). claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to "Company," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website and our products and services under these Terms or any prior agreements between us.

This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION.

You acknowledge that use of this Website and/or purchase of products or services constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.

Governing Law.
This Contract is entered into in the City and County District Of Columbia, State of Maryland, and is guided by and governed by the laws of the State of Florida. The proper and exclusive venue for any dispute related to and/or arising under this Contract shall lie in the State and/or Federal Courts in Los Angeles, Los Angeles County, California, without giving effect to principles of conflicts of law, and all parties consent to jurisdiction in District Of Columbia, State of Maryland. In any legal dispute hereunder, the non-prevailing party shall be responsible for the reasonable legal fees and costs (including attorney’s fees) of the prevailing party.

Electronic Signatures and Agreements

By signing, You acknowledge and agree to and accept the terms and conditions of these terms. You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce.