Terms and Conditions

Opaque Smoke School, LLC's Visible Emission Certification Terms and Conditions

1.) Force Majeure

In the event that either party shall be 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.

2.) Safety

Opaque Smoke School, LLC will provide safety training to comply with all applicable Federal, State, and local regulations. In the event of unsafe work conditions Opaque Smoke School reserves the right to decline to work until condition(s) have been corrected and to invoice for associated delays. Client will inform Opaque Smoke School of site specific safety requirements and warrants that the work site will comply with applicable safety standards.

3.) Partial Invalidity

In case any one or more of the provisions of this agreement shall for any reason be held 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.

4.) 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 limited liability corporation.

5.) Confidentiality

Opaque Smoke School, LLC for itself and its employees, agrees that any proprietary information or processed will not be revealed to third parties. Any ideas, concepts or patentable discoveries made by Opaque Smoke School, LLC in the course of the execution of this agreement shall become the property of Opaque Smoke School, LLC. Employees or subcontractors of Opaque Smoke School, LLC shall not be hired by client.

6.) 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 the principal place of business of Opaque Smoke School, LLC, Overland Park, Johnson County, Kansas.

7.) Business Relationship

Opaque Smoke School, LLC and all associates covenant and agree to assign clients with those whom the business relationship is developed. Client's therefore agree and covenant that employment of associates, employees, or contractors on a permanent or contractual will be pursued through Opaque Smoke School, LLC and the originating associate for a period of five (5) years after the last active project. If direct employment either on a permanent or contractual basis, of an associate, employee, or contractor is desired, the client agrees to pay Opaque Smoke School, LLC finder's fee equivalent to 20% of the employee's new salary and benefits or contract (if on a contractual basis), if said person is hired, employed, or contracted directly within the defined period.

8.) Warranties

Opaque Smoke School, LLC (Opaque) through Visible Emission Certification services adheres to all protocols of 40 CFR Part 60, Appendix A, Reference Method 9. Opaque provides training resources in addition to the lecture such to assure complete access to the information needed in becoming an expert witness. Opaque will provide vigorous legal defense of the ability of our school to meet the requirements of 40 CFR Part 60, Appendix A, Reference Method 9 and applicable state regulations, and to all students whose training might be challenged or not recognized by a particular state program. Our training has never been challenged. Opaque Smoke School, LLC's maximum liability shall not exceed the net contract price, funds received by Opaque Smoke School, LLC. 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 (a) for damages to any property, or injuries to, or sickness, or death of any person related to all items, real or intangible, provided by suppliers, or subcontractors of Opaque Smoke School, LLC. There is no other expressed or implied warranty.

9.) Sales taxes/Fees

Engineering, consulting, testing, and training services are generally not taxable. Equipment is taxable. Client will be responsible for all taxes due 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.

10.) Arbitration

In the event a disputed matter cannot be resolved within sixty (60) days of a written request for arbitration under this clause the matter will be referred to the American Arbitration Association for binding arbitration and judgment upon the award rendered by the arbitrator's may be entered in any court having jurisdiction thereof.

11.) Compliane with Codes and Law

Client agrees to provide an environment in which Opaque Smoke School, LLC can comply with all applicable codes, regulations and laws, and will be responsible for any the expense incurred by Opaque Smoke School to comply, unless otherwise stated in the proposal. Client agrees to hold harmless Opaque Smoke School, LLC for any such violation, regardless of the advice provided by Opaque Smoke School, LLC.

12.) Indemnification

Student, participants, auditors of smoke school and employees of same agree to hold harmless and indemnify Opaque Smoke School, LLC their suppliers and site location owners of any liability anticipated or incurred from the conduction of these training classes as a part of the agreement to be trained in the classes. Opaque Smoke School, LLC will take reasonable care and precaution, 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.

13) 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.

14) All signed and returned bids are binding agreements. Bid covers zero to maximum number of certifications requested as discussed in generating bid. Failure for an employee to show for any reason does not reduce the total amount of the bid. The Company/Corporation is still liable for full amount. In the event that maximum number of certifications paid for are not used, there will be no refunds outside of our refund policy, nor will any credit for certification be passed on to future seasons.  Attendee may attend any public events scheduled for current season when available

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.