MASTER TERMS & CONDITIONS
CONFIDENTIALITY, INTELLECTUAL PROPERTY, NON-DISCLOSURE, NON-COMPETE,
NON-SOLICITATION, NO-REFUND, ATTRIBUTION & PHOTO RELEASE AGREEMENT
This Master Agreement (“Agreement”) is entered into by and between Josiane (Josie) Rushing, and Brazilian Beauty Formula® (collectively, the “Company”) and the individual purchasing, accessing, attending, or participating in any Company class, training, program, service, or digital product (“Student”).
By purchasing, accessing, enrolling in, or participating in any Company offering, Student irrevocably agrees to all terms below.
RESPONSIBILITY FOR LICENSING & SCOPE OF PRACTICE
Student acknowledges and agrees that it is solely Student’s responsibility to ensure they are legally qualified, licensed, certified, insured, and authorized to perform any services in their state, province, or country.
Student expressly understands and agrees that:
• The Company is not a licensed or accredited school
• The Company does not provide pre-licensing education
• The Company is not an approved Continuing Education (CE) provider
• No certificate issued may be used to obtain, renew, or maintain any professional license
The Company makes no representations or guarantees regarding regulatory approval, licensure eligibility, or scope of practice.
CONFIDENTIALITY & INTELLECTUAL PROPERTY (INDEFINITE)
All materials, demonstrations, protocols, techniques, methods, language, terminology, videos, manuals, systems, branding, marketing concepts, and knowledge disclosed or accessed (“Confidential Information”) are the exclusive intellectual property and trade secrets of the Company.
Student agrees that:
• All Confidential Information is strictly confidential
• Recording, photographing, copying, reproducing, sharing, distributing, reselling, or reverse-engineering is strictly prohibited
• Confidential Information may only be used by Student personally, for one-on-one client sessions only
• Student may never teach, train, demonstrate, sublicense, license, or transfer the techniques or information to any third party
These obligations survive forever, including after course completion, access expiration, or termination of any relationship.
Any breach constitutes willful misappropriation of trade secrets.
PROHIBITED USE & NON-COMPETITION
Student is permanently prohibited from:
• Creating, supporting, or assisting any competing course, training, certification, or business
• Advising or collaborating with competitors using knowledge gained
• Monetizing the techniques beyond personal client services
Student may perform services only if:
• Charging a minimum of USD $100 per session
• Using mandatory attribution every time any of the following terms appear, verbally or in writing:
“Brazilian Lymphatic Drainage”
“Brazilian Detox Massage”
“Lymphatic Detox”
“Lymphatic Body Contouring”
Attribution must clearly state:
“Brazilian Beauty Formula® by Josie Rushing.”
Failure to attribute constitutes a material breach.
ABSOLUTE BAN ON TEACHING
Student acknowledges and agrees that teaching is strictly forbidden, including but not limited to:
• In-person teaching
• Online teaching
• Staff or team training
• Demonstrations
• Shadowing or mentorship
• “Helping” or guiding others
Any person wishing to learn must independently enroll and agree to these same terms.
NON-SOLICITATION (PERMANENT)
Student shall never, directly or indirectly:
• Solicit, recruit, hire, or attempt to hire any Company student, contractor, or employee
• Interfere with Company relationships
• Divert or attempt to divert Company clients or business
Any interference constitutes intentional economic harm.
NON-DISPARAGEMENT
Student shall not make, publish, or communicate any negative, misleading, defamatory, or disparaging statements, reviews, posts, messages, or content about the Company, its owner, students, services, or affiliates, online or offline.
REMEDIES, LIQUIDATED DAMAGES & ENFORCEMENT
Student agrees that any breach causes irreparable harm.
Accordingly:
• Company is entitled to immediate injunctive relief
• Liquidated damages are set at USD $300,000 per violation
• Student shall pay all attorney’s fees, arbitration fees, court costs, and enforcement expenses
• Remedies are cumulative, not exclusive
Student waives any claim that liquidated damages are excessive or punitive.
CONFESSION OF JUDGMENT
Student irrevocably authorizes entry of judgment against them in Texas courts for all damages, fees, and costs arising from breach, without trial, defense, or appeal, to the maximum extent permitted by law.
ARBITRATION, VENUE & WAIVERS
Any dispute shall be resolved by binding arbitration in Texas, governed by Texas and applicable U.S. federal law.
Student:
• Waives the right to a jury trial
• Waives participation in class or collective actions
• Submits to Texas jurisdiction
• Waives objections to venue or forum
Company may bypass arbitration solely to enforce intellectual property rights or seek injunctive relief.
NO REFUNDS. EVER.
All sales are final.
No refunds, reversals, credits, or chargebacks are permitted for any reason, including dissatisfaction, inability to attend, licensing issues, or misunderstanding of terms.
ACCESS & SUPPORT
• Online Course access: 120 consecutive days for online students and 30 days for in person students
• Support: 30 days only, via Company-designated platform
• No obligation to provide ongoing assistance
PUBLIC LISTING AUTHORIZATION
Student authorizes Company, at its sole discretion, to publish Student’s name, phone number, and social media handles on Company platforms.
PHOTO & MEDIA RELEASE (IRREVOCABLE)
Student grants Company perpetual, worldwide, royalty-free rights to use Student’s likeness, image, voice, and recordings in any media, without compensation, notice, or approval.
INDEMNIFICATION
Student shall indemnify and hold harmless the Company from all claims, damages, losses, liabilities, and expensesarising from Student’s actions, misuse, or misrepresentation.
ELECTRONIC SIGNATURE & EXECUTION
Student agrees that acceptance of this Agreement by any electronic means—including clicking “I Agree,” checking a box, completing checkout, submitting payment, accessing the course, logging into the platform, or otherwise affirming acceptance—constitutes a legally binding electronic signature.
Student expressly agrees that:
• Electronic acceptance has the same legal force and effect as a handwritten signature
• No physical signature is required
• This Agreement is deemed executed immediately upon electronic acceptance
• Company records of acceptance are conclusive proof of execution
Student waives any right to challenge enforceability under the U.S. E-SIGN Act or any similar law.
ENTIRE AGREEMENT & ACCEPTANCE
This Agreement constitutes the entire agreement, superseding all prior versions or communications.
No verbal modifications are valid.
If any provision is unenforceable, the remainder remains in full force.
By purchasing, accessing, or participating, Student affirms that they:
• Have read and understood this Agreement
• Had the opportunity to seek legal counsel
• Voluntarily agree to all terms
Student also agrees to the Company’s Terms & Conditions:
https://brazilianbeautyformula.com/terms-conditions/