Studio COURSE SALE TERMS
1.1 What these terms cover. These are the terms and conditions on which we offer and supply courses from time to time for students learning whilst attending the Academy in person (“Studio Courses”) at the Academy including any part of the course which is digital content.
1.2 Why you should read them. Please read these terms carefully before you apply for any Studio Course. These terms tell you who we are, how we will provide our Studio Courses to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
1.3 What some words mean in these Terms
“Academy” means the relevant premises at which we provide any Studio Course
“Brush Set” means the set of makeup brushes which we will provide to you when we welcome you on arrival at the beginning of any Studio Course that includes a makeup training module.
“Course Content” means all materials provided by and or displayed and or made available by us in connection with the Studio Course, including but not limited to the written and or graphic content connected with or included in the Course including the Digital Content and the look and feel of all such Course Content including in relation to Digital Content, the look and feel of the portal in which the any such Digital Content is accessed;
“Course Schedule” means the relevant dates and times during which the Studio Course is scheduled to take place.
“Digital Content” means any materials which we display and or make available to you as part of an Studio Course in a digital format, including but not limited to pictures, saveable and or printable documents and or text content, and videos and or live video link sessions;
“Health Instructions” means any and all instructions and/ or requirements and/ or restrictions in relation to any aspect of health and safety (both of you, our teachers, other students and/ or the public) which we may advise you from time to time in relation to your attendance at the Academy and participation in the Studio Course, including, but not limited to, any applicable public health guidance
“Make Up” means all such make up, hair product and/ or related products which we make available at the Academy for your use during the Studio Course
“Studio Course” means any course which we make available at any Academy for “in person” attendance
“Studio Equipment” means all and any equipment which is owned and / or used by us, including but not limited to such hair and/ or beauty equipment and accessories as are used and/or made available by us for the purposes of the Studio Course
“Product(s)” include goods and/ services and/ or digital content and/ or a combination of these as with our Studio Courses.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.1 When we receive your Studio Course application we will check whether we can accept it. There are sometimes reasons why we cannot do so.
2.2 If we accept your application we will email you to confirm that you have a place on the Studio Course and the contract between you and us for that Studio Course will be in place from the date and time of that email. (see 2.1 above) the contract is legally binding from the date on which we confirm that acceptance.
2.3 We will only accept your application for an Studio Course where we are satisfied that there are enough places available and that you meet our eligibility requirements to be eligible for that Studio Course. To see these requirements please refer to the webpage for the Studio Course concerned. We may also contact you to seek further information or clarification of the details you have provided when making our assessment and decision on your application.
2.4 If we do not accept your Studio Course application there will be no legal contract between you and us and we will refund the payment you have made with your Studio Course application.
2.5 How we will accept your Studio Course application:
2.51 We will use your Studio Course application and any further information you provide to us to assess whether we consider that you meet our eligibility requirements for that particular course.
2.52 By submitting the Studio Course application you are requesting that we reserve a place for you on the Studio Course on the Course Date indicated in your application form
2.53 If we accept your Studio Course application we will email to confirm this and the contract between us will be in place from the date and time of that email. At the same time we will allocate a place on the Studio Course for you.
3.1 Under these regulation if you are a consumer you will have the right to change your mind and cancel a contract and receive a refund for most products as long as you do so within a 14 day period of the contract starting (the date of our acceptance) This is called the “cooling off period”.
3.2 If at any time up to 5 weeks before the first day of the Studio Course you want to change to a course on a different date we will usually be able to assist. After that date however we are not usually able to assist with a change of date. We will always try to be helpful, but are not obliged to provide you with an alternative date and of course the Studio Course on the alternative date may be fully booked already.
4.1 When we accept your booking for a Studio Course we will confirm the Course Schedule. You must arrive at the Academy on time for the first and every other session in the Schedule. If you arrive late for any session we reserve the right not to let you participate in the remainder of that session if we consider it would disrupt the Studio Course. If we do allow you to participate we will not repeat that part of the teaching that you have missed due to your late arrival.
4.2 Time off for religious holidays, booked holidays, planned weddings, medical appointments etc. must be discussed and agreed before your booking is confirmed. This means you need to let us know when submitting your online application form or discuss it with us by phone or email before doing so. We recommend that all absence be avoided where possible.
4.3 When you arrive for your first session of the Studio Course you will be required to provide us with details of any relevant health conditions and particularly of any allergies.
4.4 If you do fail to attend the first or any other day of the Studio Course or if you arrive late or leave early on any day you may not be allowed to complete the remainder of the Studio Course and will not be entitled to a refund or to reschedule
4.5 When you arrive for your first session of any Studio Course that includes a makeup training module you will be provided with an AOFM Pro Brush Set for you to use during the remainder of the Studio Course. You must take care of this AOFM Pro Brush Set, as if any part of it is lost or damaged you will need to purchase replacement brushes at your own expense.
4.6 During the Studio Course you must only use the Studio Equipment and Makeup we provide for the purpose at the Academy.
4.7 At all times that you are at the Academy you must strictly comply with all Health Instructions and if our teacher considers that you have failed to do so you may be required to leave the session concerned.
4.8 Many of our Studio Courses include exams, which are provided to assess the progress of each student and in particular whether we can award a qualification and/ or certificate. The exams and qualifications are subject to the criteria of the relevant awarding body in each case. We reserve the right to refuse awards and / or certificates to any student who does not fully attend the course; fails to complete all required coursework and exams to at least the required standards and/ or whose behaviour at the Academy and in relation to the teachers and/ or other students has not met our expectations in any way.
4.9 This means that attending the Studio Course is not a guarantee that you will pass the relevant exam(s) or receive any qualification or certificate. If you fail an exam we are usually able to offer you the opportunity to re take it but you will need to pay an examination fee to do so. You may also be asked to repeat any examination or assessment which you do not pass.
4.10 During the Studio Course the teach will assign other students to act as your model in some sessions and will assign you to act as the model for other students at other times. This is the case for all modules including makeup, hair, nails, airbrush and special FX module. You must accept the models assigned to you and must accept your assignments to act as a model. You confirm by submitting your application form that you agree to act as a model and to be worked on in this way. Please note that for the makeup photoshoot exercise included in the Advanced makeup module part of any Studio Course you will work with an external model who will be assigned to you. For the Special FX module bald cap exercise and character creation exercise you must arrange a model for yourself. If you require any model(s) for any assessment or exam outside of the Course Schedule you will be responsible for providing such model(s)
4.11At all times during the Studio Course you must comply with the instructions and guidance of our teachers. At the end of each session you must comply with the teachers’ instructions in order to leave the Academy in an acceptable manner.
4.12 At all times whilst at the Academy you are required to be act in a respectful and professional manner, whether in the classroom or in other areas of the Academy, or at any external location in connection with the Studio Course. This naturally includes a requirement that you will at all times be courteous and considerate to other students, the teachers, models and any other members of staff or members of the public. We have a “zero tolerance” approach to any behaviour that may be considered obscene, discriminatory or aggressive or may amount to harassment of any kind. Our teachers may at their discretion require any student to leave the Academy and/ or the Studio Course if they behave in such a way, and if this occurs the student will not be entitled to return to the Studio Course or obtain a refund of their fees.
4.13 If you leave any of your personal items unattended in any part of the Academy you do so at your own risk.
4.14 You must not remove any of our property or any property of any other person from the Academy without our express permission. We reserve the right to report any such matter to the police.
4.15 You must not damage any of our property or any property of any other person. You will be liable to pay damages for any property which you damage.
4.16 Accreditation, Exams and Certificates
Students may be required to return for a practical and theory exam with an external verifier from the UK in order to be issued with their certificates with CIBTAC. (Confederation of International Beauty Therapy and Cosmetology).
Certificates awarded by BABTAC (British Association of Beauty Therapy and Cosmetology) will be issued after successful completion of the module and sent to the student within 8 weeks of graduation.
All other certificates from the London Academy of Freelance Makeup and City & Guilds will be awarded to the student upon successful of all modules at the end of their course.
4.17 Work and Assisting Opportunities
All work and assisting opportunities are subject to availability and at our absolute discretion when placing positions.
All work and assisting opportunities are available to AOFM graduates who have completed and received the AOFM certificate for the following course:
If you do not show up to your booked opportunity, we will not be able to offer you any more work or assisting opportunities.
All free masterclasses are subject to availability and subject to change without prior notice. Graduates eligible for masterclass opportunities must have completed and received a certificate of completion from any of our makeup courses.
4.19 If we offer you the chance to interact on one of our forums with other students, teachers or customers or suppliers you must treat them with courtesy at all times.
4.20 Videos and Photography
You will be required to photograph your work during your Studio Course and to submit those photographs as part of the Studio Course assessments and / or modules and/ or exams. You must not photograph the work of other students or of the teachers and/ or other aspects of the Academy or the Studio Course without our prior consent.
You must not use any video camera at the Academy without our prior written permission and as this may require the permission of other people and/ or brand owners, we may not be able to give you that permission.
5.1 On the date of our acceptance of your application for the Studio Course you will be granted a non-exclusive, non-transferable licence to use the Course Content only for the purposes of your participation in the Studio Course.
5.2 You must not use the Course Content or any of it for commercial purposes and you must not copy, distribute or otherwise share the Course Content with any other person or company.
5.3 You will not become the owner of any of the Course Content at any time and you must not copy, circulate or in any way modify any printed or digital copies that we have provided and/ or permitted you to print or download. Please refer to our terms of website use for more detail.
5.4 If you use the Course Content or any part of it in any way other than as set out above in this section you will be liable to compensate us for any losses and or expenses including compensation for any damage to our reputation and we may take legal action to stop you using the Course Content.
6.1 We may temporarily suspend your access to the Studio Course if;
6.1.1 we need to deal with technical problems or make minor technical changes;
61.2 for any reason connected with health and safety and or in connection with Health Instructions
6.2 We may temporarily and/ or permanently suspend your access to the Studio Course if we consider that you:
6.2.1 are in breach of any part of these Terms; or
6.2.2 have supplied us with incomplete, inaccurate or misleading information, for instance as part of your application.
6.3 Your rights if we suspend your Studio Course. If we have to temporarily suspend your Studio Course to deal with technical problems or health and safety issues we will contact you as soon as possible and advise you when you can resume your Studio Course
6.4 If we conclude that you are in breach of any part of these Terms we may suspend your access to the Studio Course temporarily or permanently. If we are satisfied that the breach by you is of a minor nature we may, at our discretion allow you to resume use of the Studio Course. In any other case we may treat the contract between you and us as having been broken by you and you will not be entitled to resume the Studio Course, and you will not be entitled to a refund of the course fee.
7.1 Changes to the Studio Courses. On our website we describe the contents and nature of each Studio Course. From time to time we will make minor changes to Studio Courses for the purposes of keeping the course up to date and/ or in order to comply with legal requirements, particularly in relation to health and safety issues.
7.2 From time to time we may update Course Content including any part of the Digital Content provided for an Studio Course. If we do this in respect of part of the Studio Course which you have not yet completed you will be required to use the updated version supplied for that part of the Studio Course when you do complete it.
7.3 Please note changes of the types described at 8.1 and or 8.2 above will not entitle you to cancel the contract with us or to obtain a refund.
7.4 However, if we need to make significant changes to an Studio Course that mean that we cannot supply the training described when you purchased the Studio Course we will notify you and will notify you of any cancellation and or refund rights that will apply in those particular circumstances.
7.5 The Academy reserves the right to re-schedule the course and no refund will be payable. Course fees will not be refunded should a course be cancelled or interrupted through an act of God or a terrorist act or a global pandemic.
7.6 All courses and fees are subject to change without prior notice.
7.7 We are not responsible for delays outside our control. If our supply of the Studio Course is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by such an event unless we inform you that the delay will be very substantial (more than 12 months) or that we will be unable to make the remainder of the Studio Course available to you at all. In this case you may end the contract with us and would be entitled to a refund for the part of the Studio Course you have not been able to access. For these purposes any refund would be calculated as the same proportion of the course fee as the remaining part of the Course Period
8.1 You may end the contract between you and us for the Studio Course at any time during the Course Period but please read the rest of this paragraph 9 in relation to refunds.
8.2 Please note that if you end the contract between you and us for the Studio Course, you will only be entitled to a refund of any part or all of the course fee if either:
1) you are a consumer and the Consumer Contracts Regulations 2013 apply and you end the contract during the cooling off period (see paragraph 3); or.
2) (at any time during the Course Period,) the Studio Course is faulty or mis-described.
8.3 If you end the contract with us for any reason not set out in paragraph 9.2 above you will not be entitled to get any of your money back.
8.4. Please note that nothing in these Terms will change your statutory rights, but your statutory rights will be different depending on if you are a consumer or you are purchasing the course in relation to your business, trade or profession.
8.5 We hope that you will enjoy the Studio Course and will not have any concerns, but if you do, we suggest that you contact us immediately to discuss those concerns and we will try to assist if possible.
8.6 If you believe that you are entitled to end the contract please let us know by doing one of the following:
8.6.1 Phone or email. Call customer services on 02074344488 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.6.2 Online. Complete the online form on our website.
9.1 We may end the contract if you break it. We may end the contract for the Studio Course at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide you with the Studio Course or any part of it, for example, details of your age and your relevant experience
10.1 We are under a legal duty to supply products that are in conformity with this contract. If you are a consumer please see the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights
|Summary of your key legal rights|
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is digital content, for example a downloadable file or a streamed video the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
· if your digital content is faulty, you’re entitled to a repair or a replacement;
· if the fault can’t be fixed or if it hasn’t been fixed within a reasonable time, and without causing you significant inconvenience, you can get some or all of your money back;
· if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is services, for example something we do for you as part of your course, the Consumer Rights Act 2015 says:
· you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
· if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable;
· if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 02074344488 or write to us at firstname.lastname@example.org
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on our website and the World Pay order pages when you submit your application. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated on our website, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. When submitting your Studio Course application, please contact us to arrange payment by phone or to obtain our bank details for an online payment by bank transfer. We also accept payment with Visa and Mastercard. If a deposit is paid, any remaining balance is due by 5 weeks before the start of the Studio Course.
12.41 Payment in the UAE can be be made in person using credit or Debit cards. We also offer secure online payment options. please ask a member of our admin team who will send you our online payment option. Payment in only accepted in AED.“This website is governed by the UAE law
12.42 Payments in the USA can be made by Paypal
12.5 Students will not be accepted on the course commencement date if course fees have not been paid in full.
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 When we are liable for damage caused by defective digital content.
13.3 When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act
15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We reserve the right to withhold consent whether reasonable or not.
15.3 No other person has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.1 Who we are. We are London Academy of Freelance Makeup Ltd a company registered in England and Wales. Our company registration number is 05947077 and our registered office is at 63 Dean Street, London, W1D 4QG. Our registered VAT number is 943130157.
16.2 How to contact us. You can contact us by telephoning our customer service team at 0207 434 4488 or by writing to us at email@example.com.
16.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you using the phone number, email or postal address that you have provided to us.