Training and Course Terms and Conditions
COPYRIGHT PROTECTED
No part of this training material may be shared, copied or resold.
In order to access or use the Platform, you must be at least eighteen (18) years old and have the requisite power and authority to enter into this Agreement. Minors are prohibited from using the Platform.
The Tutorial will be delivered to you online in a digital format (i.e., no physical products are shipped to you). In order to access the Tutorial Portal, you will be required to establish a User Account by providing information about yourself including your name, current email address, username, password and other personal information, which you must treat as confidential. You agree to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Portal, you agree to maintain and update true, accurate, current and complete registration data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate your access to Tutorial without refund.
PASSWORDS
Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any) and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorised use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Participants to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorised use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
REFUND POLICY
Given the digital nature of the Tutorial, we do not offer refunds. As such, you agree not to raise a dispute with your financial institution and/or credit card provider for the Course you purchased and which we granted you access to. By signing this Agreement you agree that you require us to provide the Tutorial to you immediately. You acknowledge that you will lose the right to cancel once the digital content has been made available for downloading or streaming. If you do not wish to commence the Online Course immediately we suggest that you wait and submit your payment when you are ready to start.
PRIVACY
Your personal data will be recorded for administrative purposes only, we never share or sell any personal data, your contact information will be used only to contact you about your choses purchase, or as support is requested.
LEGAL DISCLAIMER- NOT PROFESSIONAL ADVICE. FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
Libby Wells provides the information contained in the Tutorial to the Participant for informational and educational purposes only. The information contained in the Tutorial, including any interactions with instructors, and participation in any social media groups or chats, shall not be understood or construed as professional advice. The Participant shall be required to use their own judgment in applying the information provided in the Course to their own personal circumstances. Tattooing is an art form of which there are many variables, The nature of tattooing means that applying tattoos are an irreversible procedure. While you will be expected to take extreme care in producing a satisfactory result for your models and clients, please be advised that your models and clients are relying on an artist’s rendering (your personal application style). Tattooing cannot be guaranteed as an exact duplicate of a pre-drawn design, moreover it is best practice for training and experienced tattoo artists to amend and adapt as they move through the piece.. We take it that any client booking in with their trainee or experienced tattoo artist has fully appraised themselves of that artists style.
By accessing the Platform and/or Products, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Platform and/or Products is a promise, warranty or guarantee to you of such results.
LIMITED LICENSE
By purchasing the Course, you are granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Course. You are granted the right to download, store and print single copies of items comprising the Course, if any. All ownership rights in the intellectual property related to the Program remain with Libby Wells and Ephemeral Studio- you may not use or reproduce any of the content in any manner, without the express written consent of Libby Wells and Ephemeral Studio. Any violation of the copyright or trademark rights of Libby Wells shall result in immediate termination of access to the Program without refund. No part of the material should be disclosed to any third-party members. Sharing logins will result in the course being disabled and no further courses will be granted to you.
COPYRIGHT
The material in the Tutorial is covered by the provisions of the Copyright Act and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited licence, any use of the Tutorial, including modification, transmission, presentation, distribution, republication, or other exploitation of the Course or of its content, whether in whole or in part, is prohibited without the prior written consent of Libby Wells. The information contained herein is the sole property of Ephemeral Studio. There is no permission granted, either expressed or implied to use any information provided here either in whole or part. Copyright © 2022, Ephemeral Studio LTD
You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Platforms and/or Products or content or other information or materials of any kind that you do not own without the Provider’s express prior written consent.
LEGAL DISCLAIMER – TECHNOLOGY
Neither Libby Wells nor Ephemeral Studio shall be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. You hereby agree that you have the necessary Internet connection and other technology in order to participate fully in the Tutorial. You agree that the Company shall not be liable to you or to any third party for any modification, interruption, suspension of the Tutorial. Neither Libby Wells nor Ephemeral Studio is responsible for delay or failure of our performance of any of the features of the Platform caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
LIMITATION OF LIABILITY AND INDEMNITY
Subject to applicable law, in no event shall Libby Wells and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Libby Wells knew of or ought to have known of the possibility of such damages. You will indemnify and hold harmless Libby Wells and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof). You agree to indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.
ENTIRE AGREEMENT
This is the entire agreement between Libby Wells, Ephemeral Studio and you, the Participant, relating to your access and use of the Course and the content therein, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Libby Wells with respect to the Course.
WAIVER
Our waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorised representative of the Provider.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of it shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
General Terms and Conditions – Appointment in person
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- A deposit is required to secure every booking
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- Your deposit is non refundable
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- We require 7 working days to reschedule your appointment (for extenuating circumstances)
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- Failure to attend your booked session will result in the loss of your deposit and any future sessions may be cancelled
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- Your deposit will be deducted from the cost of your total on the day.
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- All services offered at Ephemeral Studio are an ‘Art form’ & as such, the results can only be viewed subjectively. We take every measure possible to achieve the most desirable results, however the outcome of ‘art form’ based treatments can not be guaranteed.
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- In booking your appointment and paying your deposit you are agreeing to these terms and conditions
Tattoo Appointments Terms and Conditions – Appointments in Person
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- Tattooing is an art form of which there are many variables, The nature of tattooing means that your design is part of an irreversible procedure. While we take extreme care in producing a satisfactory representation of the design you have agreed with your tattoo artist, please be advised that as a client you are relying on an artist’s rendering. Tattooing cannot be guaranteed as an exact duplicate of a pre-drawn design, moreover it is best practice for our artists to amend and adapt as they move through the piece, so as to engage fully in the artist process, adapt to any requirements of the skin and we find this encourages the best and most natural results. We take it that any client booking in with their artist has fully appraised themselves of that artists style.
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- The Tattooing of Minors Act: 1969 means it is illegal to tattoo anyone under the age of 18. Parental consent is not accepted. This means proof of age will be requested, please bring a valid photo ID to your session.
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- While all materials used in the process of tattooing are sterile and the upmost care is taken during application of your tattoo, please note that in some people infection, ink loss, ink bleeding, ink traveling, discoloration, scaring, allergic reaction and dryness can occur and this is not the fault of the artist. Your tattoo artist will guide you through the aftercare advise, available post procedure, should you have any questions you are always welcome to contact Ephemeral before or after any session.
Artwork Commissions Terms and Conditions
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- All artwork orders require a deposit in order for works to commence, these deposits are none refundable, once complete an image of your chosen art piece will be sent to you, or an in person viewing will be arranged, final balance will be payable upon collection of your artwork
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- Artwork commissions are bespoke and made to order, as such these purchases are non refundable,
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- The outcome of these made to order artworks are subjective, and though we try to mitigate all manageable risks by discussing carefully in consultation the brief, the results of art pieces cannot be guaranteed. We advise all customers to appraise themselves fully the style if artwork you will be ordering by viewing pervious artworks online by Libby Wells, by choosing to order an art piece and by paying your deposit you are agreeing to these terms and understand the risks involved with ordering artwork from an artist.
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- Artworks last a very long time but do require care, they cannot be place in direct sunlight, or get wet or be exposed to other damaging materials, once received your art piece will be your responsibly to look after
Need help?
Contact us at info@ephemeralstudio.co.uk for questions related to terms and conditions