The Mindful Tattoo Course — Student Agreement

IMPORTANT: READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING CHLOÉ BESSON’S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBER AREAS AND/OR DISCUSSION BOARDS, OTHER EDUCATIONAL MATERIALS AND/OR PROGRAMS ASSOCIATED WITH THE MINDFUL TATTOO COURSE.

BY ACCEPTING EDUCATIONAL SERVICES, YOU ACKNOWLEDGE THAT:

1. YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY;
2. YOU UNDERSTAND IT; AND
3. YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.

1. IDENTIFICATION OF PARTIES.

This Agreement (“Agreement”) is a legal contract made between BESSON PHOTOGRAPHY AND CONSULTING, LLC (“Chloé”) and YOU (“You”).

WHEREAS, Chloé is engaged in this business of educational services; and

WHEREAS, You desire to engage Chloé to provide tattoo education services to You in the form of audio and/or visual presentations, periodic personal instruction, evaluation, and/or other educational mediums at the discretion of Chloé through THE MINDFUL TATTOO COURSE (“Program”);

NOW, THEREFORE, the Parties enter this Agreement.

2. PROGRAM AND FEES.

2.1 Content: Upon enrolling in the Program, You agree to receive 12 weeks of live, online teaching sessions averaging two hours each session at a rate of two sessions per month. Additionally, you will receive access to a private discussion group, online student portal, learning modules, and course materials provided at the sole discretion of Chloé.

2.2 Exchange of Goods: Under the terms of this Agreement, Chloé agrees to provide the Course to You in the form of online training, instruction, and evaluation in exchange for a Service Fee (“Fee”). Your access to teachings and services is conditioned on the payment of this Fee.

2.3 Term: The term of this Agreement will commence upon your acceptance of this Agreement and payment of the applicable Fee. You agree and understand that upon commencement of the term of this Agreement, You will become a student of Chloé enrolled in the Program.

2.4 Service Fee: By accepting this Agreement and the terms contained herein, You agree and understand that You are committing to pay Chloé for the Program’s assessed Fee through one of the following methods:

1. Up-front Payment: $2,850, due upon signing this Agreement.
2. Payment Plan: Payment plan established with Third-Party provider (Afterpay or Klarna).

2.5 No Refund Policy: By accepting the terms of this Agreement and affirmatively seeking the benefits of the Program offered by Chloé, You affirmatively agree and acknowledge that Chloé abides by a No Refund Policy. You agree and understand that You waive any right to claim a refund of fees paid for access and use of the Program(s) offered by Chloé. You further agree not to dispute, file a chargeback, or seek to reverse any fee paid.

2.6 Promotional Use of Student Work: By accepting the terms of this Agreement, You agree that Chloé may use testimonials, images, or descriptions of Your progress and results for promotional or marketing purposes. This includes, but is not limited to, showcasing Your progress, artwork, or feedback as part of promotional campaigns for the Program.

2.7 Awareness of Course Details: You agree and acknowledge that You are fully aware of the nature and contents of the Program, including the fact that it does not offer hands-on human tattoo practice but is limited to artificial, synthetic, or alternative surfaces. You affirmatively acknowledge that the course is non-refundable and that it is Your responsibility to ensure that the Program meets Your expectations before enrolling. 

2.8 Awareness of Course Details — In-Person Learning: You agree and acknowledge that any in-person learning events and opportunities to shadow Chloé are separate offerings that are not included in the course tuition. Student shadow days are offered at no additional cost but are not scheduled upon Program start. These opportunities are solely dependent on Chloé's availability and may be offered at her discretion as an added benefit to students, outside of the structured Program. Any hands-on and in-depth learning event will be considered a separate offering and created based on student needs andInstructor availability. 

3. STUDENT RESPONSIBILITY AND SUCCESS

3.1 Performance & Success Disclaimer: You acknowledge that Your success in the Program depends solely on Your dedication, the amount of practice You complete, Your skill level, and Your willingness to apply the training provided. Chloé makes no guarantees regarding specific outcomes or success from participating in the Program. Results will vary based on Your unique efforts, learning curve and practice hours.

3.2 Agreement to Use Practice Materials Only: Throughout the Program, You will only tattoo on artificial, synthetic, and/or silicone skin, organic materials such as fruit, or ethically sourced animal skin. Chloé in no way encourages, condones, or sanctions tattooing on human skin during the Program's duration. 

4. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

4.1 Confidentiality: Only authorized users, who have duly obtained access to any services and instruction offered by Chloé by personally agreeing to the terms of this Agreement, are permitted to use and participate in such services.

4.2 Intellectual Property: You acknowledge that Chloé and her third-party licensors own and shall continue to own all rights, titles, and interests in and to the associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant You any right, license, or interest in such intellectual property.

5. LEGAL CONDITIONS AND GOVERNING LAW

5.1 Effective Date: This Agreement shall be effective as of the date it is executed by the second of the Parties to do so.

5.2 Non-transferability: The rights and obligations under this Agreement are personal to You and may not be assigned or transferred.

5.3 Indemnification: You agree to defend, indemnify, and hold Chloé and the Program, as well as its agents and employees, harmless from any and all claims, actions, liabilities, injuries, damages, losses, costs, and expenses, including attorney fees, arising out of or in connection with Your use of the Program.

5.4 Entire Agreement: This Agreement represents the entire Agreement between the Parties. It supersedes and replaces any prior agreements or understandings, whether written or oral.

5.5 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Colorado. The venue for any dispute shall be in the state of Colorado.

5.6 Severability: If any provision of this Agreement is found to be invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions.

5.7 Legal Expenses: In the event of a breach or enforcement of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs.

6. STUDENT AGREEMENTS

6.1 You agree to take Personal Responsibility for Your experience in this Program and for Your outcome.

6.2 Blood Borne Pathogens Certificate: You agree to complete the Blood Borne Pathogens course and obtain the relevant certification.

6.3 Attendance: You agree to attend each live session or watch the recorded session before the next class.

6.4 Respectful Conduct: You agree to maintain respectful communications with Chloé and all students in the cohort, regardless of skill level.

6.5 Supplies: You are responsible for purchasing all necessary supplies for tattooing on artificial skin.

6.6 No Tattooing on Human Skin: You acknowledge that tattooing on human skin is not permitted during the duration of the Program.

BY ENROLLING IN THE COURSE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS AND CONDITIONS.