1. Bookings Required

To ensure the privacy of all of our clients, we are by appointment only and do not accept walk-ins. All new clients must book a consultation to properly assess the area(s) of concern to determine a tailored treatment plan. To schedule your initial consultation or appointment, contact us by email or phone.

 

3. Appointment Changes

If you are unable to attend your confirmed appointment date and time, you must get in contact with us by phone at least 48 hours prior to your scheduled appointment.
Sometimes life happens, so with enough notice we can reschedule your appointment to another available time, and apply your deposit to that future booking.

 

4. Cancellations

No cancellations or changes are permitted within 24 hours of the appointment.
A notice period of at least 48 hours is required for all cancellations.
Any cancellations made within 24 hours of your appointment will result in the deposit being forfeited as it is non-refundable, and will not be applicable for future bookings. In the event of any no shows, your appointment will automatically be cancelled after a grace period of 20 minutes and the deposit being forfeited as it is non-refundable, and will not be applicable for future bookings. If you cancel with the required notice of your appointment, you will not receive a full refund of the deposit as it is non-refundable however the deposit may be applied to another future booking. All cancellations need to be made via phone only.

 

5. No Show to Appointments

Should you not show up to your appointment or not be available in the agreed premise for your appointment, the scheduled booking will be cancelled automatically after 20 minutes, as we hope you can understand that our time is valuable, and we aim to give all our clients the best service possible. The deposit will be forfeited and will not be applied to a future booking, due to the no show of the scheduled appointment.

 

6. Privacy Policy

Any client information collected and stored on our files are used solely to improve services and communicate important messages, as well as for marketing purposes.
Images and videos taken may be used in marketing communication such as on our social media or website platforms, however we will not disclose your identity and will conceal any part of the imagery or video which discloses your identity or may appear inappropriate. Please note, we also do not under any circumstances, share this information with any third-parties or any individuals without your consent.
For more information, please contact us.

 

7. Being On Time!

We promise to provide all our clients with the best service we can deliver, so we aim to be punctual to every appointment we commit to. Please be ready and on time for your scheduled appointment, so we have ample time for your treatment and maximise the time of your session

 

 

Terms of Service with Students

This STUDENT AGREEMENT (“Agreement”) is entered into and becomes effective on the first day of access 2020 between ZHENITH DUMARAOS a/k/a MARIA DUMARAOS, ZHENITH PARAMEDICAL,  (“ZHENITH BEAUTY”), with the principal office located at 6B MILNE RD MONT ALBERT NORTH 3129 and email address of zhenithbeauty@gmail.com and (“Student”) meaning the person logged into this class. Zhenith Beauty Paramedical and Student are sometimes herein referred to jointly as Parties and Individually as Party,

1. Maria (“aka Zhenith Dumaraos”) is the owner of Zhenith Beauty Studio and has extensive expertise, education. skill, training, business connections, and experience in the permanent makeup industry.
2. Maria has created and owns the rights to trade methods, techniques, and materials for the design and application of permanent makeup to various areas of the body including but not limited to areolas, paramedical tattoo (e.g. scar, stretchmarks, scars).
3. Maria and Zhenith Paramedical offer consulting services focused on improving the physical aesthetics and camouflages of certain portions of the body.
4. Student recognizes the good-will, reputation, and track-record of Maria and Zhenith Paramedical.
5. As such, Student desires to engage Zhenith Paramedical to support Students’ development of Student’s permanent makeup endeavors.
6. Zhenith Paramedical has agreed to provide such services as contemplated in the Agreement, Student has agreed to compensate Zhenith Paramedical for such services, and the Parties have agreed to do so in accordance with the terms and conditions in the Agreement.

 

 

The Parties agree as follows:

ARTICLE I – SCOPE OF SERVICES

1. Zhenith Paramedical shall commence services upon receipt of full payment identified in Paragraphs 2.1 and 2.2.
2. This Agreement may be terminated by Zhenith Paramedical with same day notice to Student.

• Medical Tattoo Course. Zhenith Paramedical shall provide Student with Instruction on the application of paramedical tattoo. Such instruction shall take place via video or in person instruction and shall be available to Student for one year from the first date Student accesses the course or protected video course. Student will receive a certification of completion for the Training which is for 7-14 credit hours. Student agrees that Student will only access the password protected course materials from one device. Should Student access the password protected course material from a device other than the original, Student’s access to the course materials will be terminated, and Student is not permitted a refund.
• Relationship. This Agreement does not create an employment relationship of any kind, partnership, joint venture, or ownership interest between Student and Zhenith Paramedical or Maria. Student shall not be considered an employee(s) of Zhenith beauty or for any purpose whatsoever.

ARTICLE II – CONSIDERATION

2.1 Student agrees to pay Zhenith Paramedical and Zhenith Paramedical accepts a total listed amount of the selected course on the website which shall be paid in full prior to Student receiving access to the password protected course material.

2.2 Student is permitted to make payment to Zhenith Paramedical via credit card or other methods as requested by Zhenith  Paramedical.

2.3 Student is not entitled to a refund or chargeback for any reason. All payments made to Zhenith Paramedical pursuant to this Agreement are final and are not refundable for any reason.

2.4 Student agrees not to request, advise, file a claim, or seek Student’s bank or credit card company  for a chargeback for consideration paid under this Agreement, Student agrees to waive any rights Students may have under applicable state and federal truth in defending laws or otherwise (including, but not limited to, under Student’s credit card issuer’s procedures for resolving such disputes. Student agrees that any disputes that Student may have with respect to consideration paid here under must be addressed directly between Student and Zhenith Paramedical. If a chargeback occurs. Students shall have materially breached the Agreement and shall forfeit all remaining services that have not yet been performed under the Agreement. Zhenith Paramedical shall have no further obligation to Student. Further, the amount of the chargeback shall be subject to a finance charge in the amount of one- and one-half percent (1 ½%) per month until paid in full by the Student. Further, Zhenith Beauty shall be entitled to recover from Student all damages, and reasonable and necessary attorneys’ fees, and costs associated with pursuing collection and/or recovery of the amount of the chargeback.

ARTICLE III -PROPERTY RIGHTS, NON-COMPETE, AND CONFIDENTIALITY

3.1 Use of Student’s Likeness. Student agrees, consents and grants Zhenith Paramedical and/or Maria use of any and all of Student’s likeness, images, voice and testimonials, whether electronic or in writing, including but not limited to videos, photographs, voice recordings, telephone recordings, text messages, social media messages and postings, that Student provides to, derived from an interaction with Zhenith Paramedical and/or that relates to the services provided by Zhenith Paramedical.

3.2 Confidentiality: Ownership of Information. Zhenith Paramedical will provide Student with access to Confidential Information (as defined in Paragraph 3.2.i.b) that is used in the operation of Zhenith Paramedical’s business as reasonably necessary to allow Zhenith Paramedical to comply with the terms of the Agreement. Student acknowledges that Zhenith Paramedical will provide Student with access to Zhenith Paramedical’s Confidential Information only for the term of the services rendered under the agreement.

 

 

• Definitions

1. For purposes of this Agreement, “Business” means the design, (which includes but is not limited to the selection of color, location, and measurements) the application of permanent makeup to various areas of the body (including but not limited to areolas, paramedical camouflage (e.g., scar stretchmarks, burns, and bellybuttons), hairline (e.g., microblading), eyeliner, lips, and scalp micropigmentation), consulting, strategies, techniques, methods, courses, education, classes, tutorials, instruction to professionals online or in person for the design and application of permanent makeup.
2. For purpose of the Agreement, “Confidential Information” means information possessed by Zhenith Paramedical relating to the Business, and its business activities not generally known which is used or is useful in the conduct of Zhenith Paramedical’s business, or which confers or tends to confer a competitive advantage, over one who does not possess the information. Confidential Information includes copy rights, trade secrets, know-how, information about existing, new or envisioned products, services and processes and their development and performance, any techniques, methodologies, pricing, technical information, computer software, business and financial information , unpublished list of names, information, documents, videos provided or shared by Zhenith Paramedical,and information relating to the business and pricing. Confidential Information also included information received by Zhenith Paramedical from others which Zhenith Paramedical has an obligation to treat as confidential and information received by Student form other clients of Zhenith Paramedical.. All information which becomes known to Student during the term of the services rendered under the Agreement, which student would reasonably believe is Confidential Information or which Zhenith Paramedical takes measures to protect, shall be regarded as Confidential Information.

• No Disclosure. During the term of the services rendered hereunder, and at all times thereafter, Student shall maintain the strictest confidence of Zhenith Paramedical’s trade secrets and Confidential Information. Student shall never disclose, copy, share, disseminate, transfer, convey, sell, or discuss, directly or indirectly, to any person or entity other that the Parties to the Agreement, Zhenith Paramedical’s copyright information, trade secrets or other Confidential Information, except by express prior written consent of a duty authorized officer or director of Zhenith Paramedical. Student will not make copies, videotape, record, photograph, or transfer in any way, in whole or in part, any Confidential Information or marks original copies of Confidential Information, copyright Information, or trade secrets of Zhenith Paramedical. Further, Student shall use Student’s best efforts and shall take reasonable precautions to prevent the disclosure of Zhenith Paramedical’s copyright information, trade secrets or other Confidential Information. A breach of this provision included but is not limited to each disclosure, sharing, dissemination, transfer, conveyance, selling, or discussion of any singular piece of Confidential, trade secret, copyright, and/or proprietary information.

• Ownership of Information. All Confidential information is and shall remain the sole and exclusive prosperity information of Zhenith Paramedical and/or Maria, as the case may be, and is disclosed in confidence by Zhenith Paramedical in reliance on Student’s agreement to maintain such Confidential Information to any person except the Parties to this Agreement. Student has no ownership, property rights, or other rights of any kind in the Confidential Information, trade secrets, copyrights, property of Zhenith Paramedical and/or Maria Zhenith.
• Return of Material.  Upon the expiration or earlier termination of this Agreement for any reason or if the Student breaches this Agreement, Student shall within (5) days turn over to  Zhenith Paramedical all passwords, documents, videos, photographs, recreations, copies, or other matiela in Student’s possession or under Student’s control that (i) may contain or be derived from Confidential Information, or (ii) are connected with or derived from Zhenith Paramedical’s services to Student. Student shall not retain any confidential Information in any form (e.g., electronic or written) upon the expiration or earlier termination of this Agreement. Student shall also return such information within five (5)  Zhenith Paramedical request.

 3.3 Non-Compete; Working for a Competitor. You recognize that  Zhenith Paramedical is a business that relies significantly on the internet medium and/or internet platforms, including but not limited to social media platforms on the internet. As such, Zhenith Paramedical’s business models are largely tied to the internet and have no particular geographic boundaries. In consideration of  Zhenith Paramedical providing Confidential Information to Student, Student will not, at any time during the term of this Agreement or at any time for two (2) years subsequent to any termination of this Agreement, whether directly or indirectly, in the continental Australia, or within such other geographic areas as Zhenith Paramedical is engaged in business at the time of termination of this Agreement, for Student’s own account, individually or through another entity that Student owns or is involved in, or on behalf of any direct competitors of Zhenith Paramedical engage in any business or transaction involving the Business, whether as an employee, employer, independent contractor, consultant, agent, principal, partner, stockholder, corporate officer, director or in any other individual or representative capacity, without the prior written consent if Zhenith Paramedical, which consent may be withheld by Zhenith Paramedical in Zhenith Paramedical/s sole and absolute discretion.

3.4 Non-Solicitation.  During the term of this Agreement and for a period of two (2) years after the date of termination of this Agreement, Student will not in any way, directly or indirectly (i) induce or attempt to induce any employee, independent contractor, agent, consultant, distributors,  student, or customer/client of Zhenith Paramedical to quit work with Zhenith Paramedical; (ii) otherwise interfere with or disrupt Zhenith Paramedical’s relationship with its former or current employees, independent contractors, agents, consultants, distributors, students, and/or customer/clients; (iii) solicit, entice or hire away any former or current employee, independent contractor, agent, consultant, distributors, student, or customer/client of Zhenith Paramedical; (iv) enter into business with or solicit advertise, or profit through another person or entity that is a current or former student, client/customer, consultant, agent, contractor, distributors, or employee of Zhenith Paramedical; or (v) hire or engage any former or current employee, independent contractor, agent, consultant, distributors, student, and/or customer/client of Zhenith Paramedical or whose work or agreement with Zhenith Paramedical ceased less than two (2) years before the date of such hiring or engagement. Student acknowledges that any attempt on the part of Student to induce others to leave Zhenith Paramedical, or any effort by Student to interfere with  Zhenith Paramedical’s relationship with its former or current employees, independent contractors, agents, consultants, distributors, students, and/or customer/clients would be harmful and damaging to Zhenith Paramedical. To be clear, Student is not to contact or solicit the business of Zhenith Paramedical’s current or former employees, independent contractors, agents, consultants, distributors, students, and/or customers/clients.

3.5 Stipulated Damages. Student agrees that if Student breaches Section 3 of the Agreement, Zhenith Paramedical and/or Maria will be damaged. Accordingly, in the event that Section 3 of the Agreement is violated by Student, Student agrees to pay stipulated damages to Zhenith Paramedical and/or Maria in the amount of seven thousand dollars and zero cents ($7000.00 AUD), per breach. If it is necessary to enforce Section 3 of the Agreement, Student shall pay all reasonable and necessary  attorney’s fee, expenses and court costs incurred by Zhenith Paramedical and/or Maria. Student hereby agrees that if a bond is necessitated in Zhenith Paramedical and/or Maria seeking injunctive relief against Student that such bond be one hundred dollars and zero cents ($100.00 AUD).

ARTICLE IV – INDEMNITY

4.1 Indemnity. STUDENT AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ELEVATE YOU STUDIO, AND ITS EMPLOYEES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, AND CONTRACTORS, AND MARIA FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, COMPLAINTS, DEMANDS, OBLIGATIONS, ACTIONS, LAWSUITS, JUDGMENTS, AWARDS, PENALTIES, VERDICTS, PAYMENTS OR CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO claims for PERSONAL INJURY, DAMAGES TO A BUSINESS, CONTRACT, TORT, contribution and/or indemnity, CLAIMS FOR STATUTORY INDEMNITY, NEGLIGENCE, GROSS NEGLIGENCE, and any other liability of any kind brought by YOU OR ANY THIRD PARTY including all relatives of THE STUDENT OR THIRD PARTIES, anyone bringing derivative claims, and/or anyone bringing claims by, through, or under the STUDENT OR THIRD PARTIES, related in any way OR INCIDENT TO, ARISING OUT OF, ORIN CONNECTION WITH THE AGREEMENT (INCLUDING BUT NOT LIMITED TO SERVICES RENDERED OR INFORMATION OBTAINED IN THE PROGRAM, CONSIDERATION, CONFIDENTIAL, PROPRIETARY, OR COPYRIGHT INFORMATION), ACTS AND/OR OMISSIONS OF ZHENITH PARAMEDICAL, AND ITS EMPLOYEES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, AND CONTRACTORS, AND MARIA.

ARTICLE V – GENERAL PROVISIONS

5.1 Disclaimer. ZHENITH PARAMEDICAL and Maria do not, under any circumstances, warrant or guarantee Student any specified results, amount of income that will be received or earned; or any other particular outcome or result of any kind. Results that Student achieves are in no way, shape, or form, guaranteed by Zhenith Paramedical, Maria or any of their respective agents, employees, independent contractors, subsidiaries, borrowed servants, or any other third party.

5.2 Assignments. This Agreement is assignable by any part without the prior written consent of Zhenith Paramedical or Maria. Any assignment without such written consent shall be void.

5.3 Notices. Any notices to be given hereunder by either party to the other hall be in writing either by email, or delivery by mail-certified return receipt requested. Notices shall be addressed to the Parties at the addresses as set forth above, until and unless such party changes the specified address by written notice to the other.

5.4 Jurisdiction and Venue. This Agreement shall be governed in all respects, including its validity, interpretation and effect, construed and in accordance with the laws of the State of Victoria, including, without limitation, its limitation of action of action and other procedural laws without giving effect to the principles of conflict of laws of Victoria. THE PARTIES HEREBY STIPULATE AND AGREE THAT IF IT BECOMES NECESSARY FOR ANY OF THE PARTIES TO FILE AN ACTION CONCERNING ANY MATTER RELATING TO OR PROVIDED FOR IN THIS AGREEMENT, THAT SUCH ACTION SHALL BE BROUGHT EXCLUSIVELY IN MELBOURNE , VICTORIA AND THAT VENUE IS PROPER IN MELBOURNE, VICTORIA.

5.5 Legal Construction. If any portion (word, clause, phrase, sentence, paragraph, or section) of this Agreement or the application thereof to any person, entity or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such portion to persons or entities or circumstances other than those as to which it is invalid or unenforceable, shall not be affected hereby, and such portion shall be considered independent and severable from the Agreement, and this Agreement shall be enforced as if such portion did not exist.

5.6 Attorney Fees. If any action or other legal proceeding is initiated by Zhenith Paramedical and/or Maria against Student relating to this Agreement orits subject matter, Zhenith Paramedical and/or Maria shall be entitled to recover, in addition to all damages allowed by law, equity and other relief, all court costs, and all reasonable attorney’s fees incurred by reason thereof. Student agrees that in the event of litigation or other legal action, the right to request discovery of Zhenith Paramedical and/or Maria’s Confidential Information, copyright, proprietary and/or trade secret information, is hereby waived. Zhenith Paramedical, Maria, and Student recognize that agreement to such waiver is a condition precedent to access to and use of Zhenith Paramedical and/or Maria’s Confidential Information, copyright, proprietary and/or trade secret information.

5.7 No Third-Party Beneficiaries.  Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, firm, entity, organization, or corporation other than the parties hereto and Maria, any right or claim under or by reason of this Agreement or any term, covenant or condition hereof, as third party beneficiaries or otherwise, and all of the terms, covenants and conditions hereof shall be for the sole exclusive benefit of the Parties.

5.8 Binding Effect. All the terms and provisions of this Agreement, whether so expressed or not, are binding upon, inure to the benefit or, and are enforceable by the Parties.

5.9 Voluntary. Student has been or has had the opportunity to seek the advice and guidance of their own counsel in the reviews, interpretation, negotiation and execution of this Agreement. This Agreement shall be construed as if collaboratively prepared by the Parties and any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other. Accordingly, it is agreed that no rule of construction shall apply against any party or in favor of any party. Any use of masculine, feminine, or neuter pronouns herein shall be deemed to include each of the masculine, feminine, and neuter.

5.10 Entire Agreement  This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings, and representations, if any, may by and between the Parties. No representation, inducement, promise or agreement, oral or otherwise, If any, not embodied in this Agreement, or any other agreement related to this Agreement and expressly references herein is of any force and effect. No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the Parties.