Question Regarding Educational Contract.

[Zigner]

While you might be right, justalayman, that means we must ignore what illnevertell has already told us - that it is not a cosmetology program...

My impression is that the OP is careful to always say that so that he won't run afoul of the licensing laws, but saying it doesn't make so...

 

[quincy]

My impression is that the OP is careful to always say that so that he won't run afoul of the licensing laws, but saying it doesn't make so...

That could be true.

That said, I would think after 14 semesters of teaching classes that at least one student would have been less-than-happy with the classes and kicked up a fuss with the State, or that someone in New Jersey would have become aware of these classes and reported suspected violations.

But maybe not.

 

[Zigner]

That could be true.

That said, I would think after 14 semesters of teaching classes that at least one student would have been less-than-happy with the classes and kicked up a fuss with the State, or that someone in New Jersey would have become aware of these classes and reported suspected violations.

But maybe not.

It depends on how one defines a "semester". I suspect the OP has also defined that to fit his own needs.

 

[justalayman]

While you might be right, justalayman, that means we must ignore what illnevertell has already told us - that it is not a cosmetology program - and we must assume that illnevertell has not complied with all requirements for the business (including getting necessary licenses to operate).

Here is a direct link to the cosmetology laws in New Jersey (note 45:5B-7 exceptions) - http://www.njconsumeraffairs.gov/Statutes/cosmetologylaw.pdf - and, just to cover the bases, here is a link to New Jersey's Body Art laws - http://www.state.nj.us/health/phss/documents/bodyart.pdf

Perhaps illnevertell will return to this thread to provide some (obviously needed) clarification - although the advice on the contract question originally asked has probably been best answered with the direction to seek out a personal review of the contract, in its entirety, with an attorney in New Jersey.

I think it's a duck Quincy.





Quack quack quack





Just call me psychoduck

Quack

 

[Just Blue]

Px Hx "may" be interesting.

 

[illnevertell]

Thanks for the feedback

Thank you everyone for your fantastic advice. After getting all of your incredible feedback I wrote the email as you all recommended.

Here is the exchange:

STUDENT
On Tue, Jan 12, 2016 at 3:04 PM,
Unfortunately from the last time we spoke things have changed and my family is facing some obstacles. I have to do for them the way they have done for me and that means I have to make unwanted sacrifices. One of those sacrifices happen to be attending your program. Money is always a problem and unfortunately I have to give that money to my parents. So with that being said how can the return of the money be arranged? I hope you can understand and get back to me when you can.

ME
On Jan 12, 2016, at 4:13 PM
I am extremely sorry for any hardships your parents are facing.

Unfortunately, there are no returns/ refunds. When you signed up for the program, you signed an eight page legally binding contract. In this agreement, the refund policy is outlined in several places. You initialed each clause and agreed to the parameters.

The purpose of any contract is to outline a specific arrangement between two or more parties, each of whom have specific legal obligations. Additionally, it prevents either party from changing their mind.

When you take my class, you will learn the things that took me 13 years to learn the hard way. And that will give you a level of knowledge that take most new businesses years to figure out. The success of each student is dependent on their own ability to apply the tools they have learned in the class. However, if you do dedicate yourself to this, you will find that the payoff is far greater than the investment.

Remember, this is WHY you took this class. Because you saw a talent in yourself and realized that the risk could have a huge reward. So maybe you won't be able to give your parents money at the moment, but you just might be able to help them out for a life time to come.

Again, I am truly sorry for the hardships your parents are facing.

Kindest Regards,

STUDENT
On Tue, Jan 12, 2016 at 6:24 PM,
I understand but can anything be done since I'm moving out of state and unable to attend?

ME
Unfortunately no. If you remember, the dates of this semester were created around your availability. Additionally, the contract that you signed outlines these dates.

If you have now chosen to move, you have done so aware of the contract you signed and the dates of the course.

Our program is taught to a group of students. Therefore, the service is rendered and available regardless of a students personal choice to attend.

Please review the attendance clauses in your contract to see the related policies.


STUDENT

Okay I'll be there.

Thank you,



REPLIES TO SOME QUESTIONS YOU ASKED
As far as the questions about securing the space vs. the education and the laws regarding cosmetology school. Cosmetology school covers a maximum of eight hours specific to makeup. There is no core curriculum or universal standards specific to makeup education. As a result, there are no two makeup artists operating from the same bank of general knowledge. With that, while cosmetology school will cover eight hours of makeup, what is taught in those eight hours is simply subject to what the individual teaching the class wants to go over. Again, there are no standards specific to the "teaching" of makeup, nor is there a standalone license for makeup artistry with I believe the exception of Lousiana.

Some cosmetology schools live in the grey area and lure students in making them believe that they will be a "licensed" makeup artist, when in reality, they will be taking over 1600 hours specific to hair, nails, and skincare (all of which of mandated educational standards) where maybe eight of those hours will be focused on makeup. Additionally, the test will not cover makeup. So they are licensed to do hair, nails, skin, and makeup. Which is that grey area that schools use to their advantage.

With that, the laws to operate as a makeup artist (meaning the ability to put makeup on another persons face in exchange for money) vary from state to state. States like NJ and NY have no legal requirements to do makeup. You do not have to be a cosmetologist to do makeup. Meaning, any individual can simply buy an airbrush machine and call themselves Kevin Aucoin.

Alternatively, other states will use the closest trade possible and require either 600 hours of esthetics or cosmetology to actually do makeup. The irony is that those 600 hours will contain NOTHING about makeup. So students will be learning about nail care and micro dermabrasion just so that they can legally do makeup on another person.

Additionally, the laws about freelancing itself are relatively strict in areas like South Dakota and parts of the south. In South Dakota, you are not allowed to render services on location AT ALL. Additionally, you are not allowed to do makeup in your own home unless it is legally recognized salon with a separate entrance that meets very specific requirements.

All that said, there are many people that want to learn how to do beauty makeup and expand their education beyond the eight hours of cosmetology. So I created my program to accommodate that need. So have many other people. I explicitly state that I am not a cosmetology program and that this is a makeup program based on my own methods where they receive a certificate based on my own standards. There are hundreds of other programs out there that do the same thing. My program is focused on teaching students to grow as both artists and entrepreneurs. Usually the majority of these students want to get into the bridal industry, so I teach them how to protect themselves with contracts, how to brand themselves in tandem with learning about makeup.

Makeup Artistry is an abandoned trade as we have no educational standards, core curriculum, or process of "making" someone a makeup artist. I personally believe this is partially due to the lack of initiative and an overall hijacking that the cosmetic industry has done to the trade. After all, if people really knew that a drop of white in their foundation would prevent them from having to buy a brand new color, than sales would go down. This educational gap is something I have a HUGE problem with and I would love to be part of an initiative that changed that. For now, I have my class. I teach makeup as an artistic medium, through the laws of fine art and chemistry. And I give students what took me thirteen years to learn the hard way, so they are able to start their businesses with a level of protocol that would take most several years of trial and error.

To answer a questions about the "space" in the contract. The reason that the clauses reserve the space itself and do not trade the educational service itself, is so that I can have an accurate student count. If people were able to drop out a month after booking and a month before the class starts on the premise of the service not being rendered yet, than many would probably do so. So It states that they are reserving their space and I have never had a problem with that. There are a limited number of spaces as the class size is extremely small.

I do however have a very strict certification process that requires the student to make specific steps both during and after the program for the purposes of preserving the momentum to start their own businesses. Accordingly their certification is a direct reflection of both their work during and after the program.

I hope that covers everything. I rarely post on forums, but I really found this advice and input extremely valuable. Thank you all for your time. I really appreciate all of the feedback.

 

[Zigner]

The State of New Jersey differs with your opinion that the application of makeup doesn't require licensing:

http://www.njconsumeraffairs.gov/Statutes/cosmetologylaw.pdf

Perhaps your student will think to talk to the state about this when you refuse the refund request...

ETA:
(From my linked document above)
45:5B-3 Definitions.
3. As used in this act:
...
c. "Beautician" means any person who is licensed to engage in any of the practices encompassed
in beauty culture.
d. "Beauty culture" means any one or combination of the following practices when performed on
the human body for cosmetic purposes and not for the treatment of disease or physical or mental
ailments and when performed for the general public, primarily for female customers:
...
(3) applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the hair,
scalp, face, neck or upper part of the body;

AND

45:5B-12.1 License under act required for certain practices.
14. a. No person shall represent himself or hold himself out as engaging in the practices
encompassed in cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care
specialty, unless licensed under this act.

Thank you everyone for your fantastic advice. After getting all of your incredible feedback I wrote the email as you all recommended.

Here is the exchange:

STUDENT
On Tue, Jan 12, 2016 at 3:04 PM,
Unfortunately from the last time we spoke things have changed and my family is facing some obstacles. I have to do for them the way they have done for me and that means I have to make unwanted sacrifices. One of those sacrifices happen to be attending your program. Money is always a problem and unfortunately I have to give that money to my parents. So with that being said how can the return of the money be arranged? I hope you can understand and get back to me when you can.

ME
On Jan 12, 2016, at 4:13 PM
I am extremely sorry for any hardships your parents are facing.

Unfortunately, there are no returns/ refunds. When you signed up for the program, you signed an eight page legally binding contract. In this agreement, the refund policy is outlined in several places. You initialed each clause and agreed to the parameters.

The purpose of any contract is to outline a specific arrangement between two or more parties, each of whom have specific legal obligations. Additionally, it prevents either party from changing their mind.

When you take my class, you will learn the things that took me 13 years to learn the hard way. And that will give you a level of knowledge that take most new businesses years to figure out. The success of each student is dependent on their own ability to apply the tools they have learned in the class. However, if you do dedicate yourself to this, you will find that the payoff is far greater than the investment.

Remember, this is WHY you took this class. Because you saw a talent in yourself and realized that the risk could have a huge reward. So maybe you won't be able to give your parents money at the moment, but you just might be able to help them out for a life time to come.

Again, I am truly sorry for the hardships your parents are facing.

Kindest Regards,

STUDENT
On Tue, Jan 12, 2016 at 6:24 PM,
I understand but can anything be done since I'm moving out of state and unable to attend?

ME
Unfortunately no. If you remember, the dates of this semester were created around your availability. Additionally, the contract that you signed outlines these dates.

If you have now chosen to move, you have done so aware of the contract you signed and the dates of the course.

Our program is taught to a group of students. Therefore, the service is rendered and available regardless of a students personal choice to attend.

Please review the attendance clauses in your contract to see the related policies.


STUDENT

Okay I'll be there.

Thank you,



REPLIES TO SOME QUESTIONS YOU ASKED
As far as the questions about securing the space vs. the education and the laws regarding cosmetology school. Cosmetology school covers a maximum of eight hours specific to makeup. There is no core curriculum or universal standards specific to makeup education. As a result, there are no two makeup artists operating from the same bank of general knowledge. With that, while cosmetology school will cover eight hours of makeup, what is taught in those eight hours is simply subject to what the individual teaching the class wants to go over. Again, there are no standards specific to the "teaching" of makeup, nor is there a standalone license for makeup artistry with I believe the exception of Lousiana.

Some cosmetology schools live in the grey area and lure students in making them believe that they will be a "licensed" makeup artist, when in reality, they will be taking over 1600 hours specific to hair, nails, and skincare (all of which of mandated educational standards) where maybe eight of those hours will be focused on makeup. Additionally, the test will not cover makeup. So they are licensed to do hair, nails, skin, and makeup. Which is that grey area that schools use to their advantage.

With that, the laws to operate as a makeup artist (meaning the ability to put makeup on another persons face in exchange for money) vary from state to state. States like NJ and NY have no legal requirements to do makeup. You do not have to be a cosmetologist to do makeup. Meaning, any individual can simply buy an airbrush machine and call themselves Kevin Aucoin.

Alternatively, other states will use the closest trade possible and require either 600 hours of esthetics or cosmetology to actually do makeup. The irony is that those 600 hours will contain NOTHING about makeup. So students will be learning about nail care and micro dermabrasion just so that they can legally do makeup on another person.

Additionally, the laws about freelancing itself are relatively strict in areas like South Dakota and parts of the south. In South Dakota, you are not allowed to render services on location AT ALL. Additionally, you are not allowed to do makeup in your own home unless it is legally recognized salon with a separate entrance that meets very specific requirements.

All that said, there are many people that want to learn how to do beauty makeup and expand their education beyond the eight hours of cosmetology. So I created my program to accommodate that need. So have many other people. I explicitly state that I am not a cosmetology program and that this is a makeup program based on my own methods where they receive a certificate based on my own standards. There are hundreds of other programs out there that do the same thing. My program is focused on teaching students to grow as both artists and entrepreneurs. Usually the majority of these students want to get into the bridal industry, so I teach them how to protect themselves with contracts, how to brand themselves in tandem with learning about makeup.

Makeup Artistry is an abandoned trade as we have no educational standards, core curriculum, or process of "making" someone a makeup artist. I personally believe this is partially due to the lack of initiative and an overall hijacking that the cosmetic industry has done to the trade. After all, if people really knew that a drop of white in their foundation would prevent them from having to buy a brand new color, than sales would go down. This educational gap is something I have a HUGE problem with and I would love to be part of an initiative that changed that. For now, I have my class. I teach makeup as an artistic medium, through the laws of fine art and chemistry. And I give students what took me thirteen years to learn the hard way, so they are able to start their businesses with a level of protocol that would take most several years of trial and error.

To answer a questions about the "space" in the contract. The reason that the clauses reserve the space itself and do not trade the educational service itself, is so that I can have an accurate student count. If people were able to drop out a month after booking and a month before the class starts on the premise of the service not being rendered yet, than many would probably do so. So It states that they are reserving their space and I have never had a problem with that. There are a limited number of spaces as the class size is extremely small.

I do however have a very strict certification process that requires the student to make specific steps both during and after the program for the purposes of preserving the momentum to start their own businesses. Accordingly their certification is a direct reflection of both their work during and after the program.

I hope that covers everything. I rarely post on forums, but I really found this advice and input extremely valuable. Thank you all for your time. I really appreciate all of the feedback.

 

[justalayman]

Cosmetology includes all those areas you mentioned. It does not mean of you don't teach all areas the law covers you are exempt from the law. If you teach or practice ANY of those disciplines you are subject to the law.

As to what New Jersey reauired for a person to be licensed. As I posted previously;


Cosmetology and hairstyling" means any one or combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, for male or female customers:

4) applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the hair, scalp, face or neck;


So that says that you can purchase an airbrush and call yourself Kevin Aucoin if you want but of you turn on the thing and start applying cosmetic preparation you need a license

Btw: I'm betting Kevin Aucoin would take issue with the situation as well and could be a bigger problem than the state.

In addition it requires a cosmotogy teaching license to teach the stuff.


Duck a' l'orange all around

Quack quack


Psychoduck is out!!!

 

[quincy]

Thank you for coming back to your thread to clarify a bit what your classes are all about, and thank you for the thanks you have given us all. We appreciate it.

If I understand you correctly, you are supplementing with your classes what students learn when taking state-regulated cosmetology courses. I agree with justalayman and Zigner that it appears your "makeup artistry" business requires under New Jersey law a cosmetology license, if you are applying or you are having your students apply makeup on others.

If you checked with the State of New Jersey into the licensing requirements for your "makeup artistry" business prior to starting your business and your classes, however, and you have been assured by the State that your classes do not require a cosmetology license, that is good. I will blindly assume that you have registered your business with the State and that you pay taxes on the income you earn and you have otherwise complied with all of the laws of your state as they relate to your business.

Although I think the recommendation we all made toward the end was that you have your contract and your business reviewed personally by an attorney in New Jersey prior to communicating with the student, if you feel comfortable legally with your response to the student, I hope your business and contract will hold up and keep you legally comfortable should the student challenge your response. If the "no refund" policy is challenged, I suggest you consult with a lawyer in your area for advice and direction.

I think it's a duck Quincy. ...

I think I might need a few more posts under my belt to see the ducks, but on occasion now I can hear the quacking.