The Company has developed and obtained trademark and copyrights on information, materials, processes, procedures and products, (hereinafter referred to as Information), that Student will be privy to during the term of Student’s Dermaplaning Certification with Company (hereinafter referred to as Course). Student understands that all Information is confidential and shared solely for the purpose of Student’s Course and not to be disclosed to any third parties, including any agent, employer, employee, student, colleague, teacher, manufacturer, distributor, successor, assignee, third party associate, etc. Student shall be liable hereunder for any breach of this Agreement by such others to which Student is associated and shares any Information to the extent to which Student is able to control same.
Student understands and agrees that Course and its materials may not be duplicated or uploaded in any way in which it may be shared or sold, without written consent of Company. Student agrees that Course is provided for the sole purpose of preparing Student to provide dermaplaning services to clients. That Course is not designed nor intended to be used by the student to offer dermaplaning training services to any third party, which includes but is not limited to estheticians, esthetics students, friends, colleagues, manufacturers, schools or other consumers.
Student acknowledges that any disclosure of the Information or use of such Information would be wrongful and would cause irreparable injury and harm to Company and acknowledges that Company shall seek damages should Student violate the terms of this Agreement and Student agrees to repay any damages incurred by Company due to a breach of this Agreement by Student. The parties agree that if legal action or the engaging of an attorney is necessary to enforce this Agreement, the non-prevailing party will be responsible for the reasonable attorney fees and costs of enforcement of the prevailing party.
Student represents and agrees that it will keep the terms and facts of this Agreement, and any subsequent agreement with Company, completely confidential, and that it will not disclose any information concerning this Agreement to anyone, except for their counsel, tax accountant, or except as my be required by law or agreed to in writing by the Company. Student shall not make any disparaging remarks of any sort, which for these purposes shall include any negative statement, whether written or oral, about Company, or otherwise communicate any disparaging comments about the Company or any other other released entities or persons to any third party at any time following the execution of this Agreement, including any negative commends on any social media outlet. The parties agree and acknowledge that this non-disparagement provisions is a material term of this Agreement, the absence of which would have resulted in the Company refusing to enter into this Agreement