Payment
Payment for services is required upon completion of services. These fees are non-refundable. In the unlikely event cancellation is required due to forces outside the control of Opaque Smoke School LLC, credit will be issued for attendance at a different smoke school location or date.
Refund
Refund Policy: In the unlikely event that a buyer should wish to cancel an event more than 61 days in advance of scheduled event, the buyer agrees to responsibility of 50% of total charges. 60 days or less notice to date of scheduled service, buyer agrees to responsibility of 100% of total charges.
Force Majeure
In the event that either party is prevented from completing the performance of its obligations hereunder by an act of God or other occurrence beyond the reasonable control of the parties hereto, then it shall be excused from further performance and undertakings hereunder for such period of time is reasonably necessary after such occurrence to remedy the effects thereof.
Partial Invalidity
In case any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such shall not affect any other provision thereof and this Agreement shall be construed as if such provision had never been contained herein.
Waiver
No claim or right arising out of a breach of any or all of the terms and conditions appearing on this Agreement can be discharged in part or whole by a waiver, renunciation, or failure to enforce any such right or claim unless Opaque Smoke School LLC expressly consents in a separate writing, executed by a duly appointed officer of the corporation.
Governing Law
The validity or construction of the Agreement, as well as the rights and duties of the parties herein under, shall be governed by the laws of the State of Kansas. The obligations and undertakings of each of the parties of this Agreement shall be performable at Johnson County, Kansas through the principal place of business of Opaque Smoke School LLC Overland Park, Kansas
Confidentiality
Opaque Smoke School LLC For itself and its employees, agrees that any proprietary information or processes will not be revealed to third parties. Any ideas, concepts or discoveries for which patents might be obtained which are made under this contract, in the course of the execution of this agreement, shall become the property of Opaque Smoke School LLC
Warranties
Opaque Smoke School LLC adheres to all protocols of 40 CFR Part 60, Appendix A, Reference Method 9.
Opaque Smoke School LLC’s maximum liability under any contract shall not exceed the net contract price or funds received by Opaque Smoke School LLC and there is no other expressed or implied warranty.
Client agrees to indemnify, defend and hold harmless Opaque Smoke School LLC. and all officers, directors and employees from any claims, causes of action, losses, damages, suits and liability of any kind, including all expenses of litigation, court costs, attorney’s fees for damages to any property, or injuries to, or sickness, or death of any person arising from Client’s negligence or Client’s breach of contract.
Sales Taxes/Fees
Engineering, consulting, testing and training services are generally not subject to sales tax. However, rental of equipment is generally subject to sales tax. Client will be responsible for all taxes due even if not invoiced as a separate line item. All fees required to implement this project, of any kind, are payable by the Client. Client is responsible for all permitting, construction or other fees associated with the compliance activities.
Arbitration
In the event a disputed matter cannot be resolved within sixty (60) days of a written notice of dispute, the dispute will be arbitrated pursuant to RCW Chapter 7.04. Arbitration will be binding and judgment upon the award rendered by the arbitrator’s may be entered in any court having jurisdiction thereof.
Complaint with Codes and Law
Client agrees to provide an environment in which Opaque Smoke School LLC will be able to comply with all applicable codes, regulations and laws, and will be responsible for any the expense incurred by Opaque Smoke School LLC to comply, unless otherwise stated in the proposal. Client agrees to hold harmless Opaque Smoke School LLC for any such violation.
Opaque Smoke School will take reasonable care and precaution in providing its services but assumes no liability for any damage or injury which may occur to the participant, or to the property and employees of those companies for which private smoke schools are conducted. All warranty and claims must be made during the period covered by the applicable certification.