1. TUITION INFORMATION: By completing the checkout, you agree to pay MotivAction LLC, the tuition amount agreed for the selected event or training. Tuition includes the session(s) and applicable course materials. Transportation, lodging, and food costs are not included (unless stated otherwise).
2. TRANSFER: Subject to the applicable transfer fees, you may transfer dates one time; provided however that such transfer shall only be valid for an additional 12 months from the start date of the event from which you are transferring. You must do so by notifying us in writing. If you choose to transfer, you relinquish your priority standing in the program for which you were enrolled, and your transfer is subject to the availability of the next event. If you transfer within 90 days of your scheduled program, because it would be extremely difficult and impractical to assess the actual damages suffered by us because of your transfer, then as an administrative fee, and not as a penalty, the following amounts apply, and in cases other than forfeiture, will be added to any unpaid balance of your tuition for the event. Less than 30 days before the event, $500; 31-60 days before the event, $300; 61-90 days before the event, $250.
3. PAYMENT: Payment in full is due at the time you sign up for your selected event(s) unless otherwise agreed upon in writing. I understand a payment plan that extends beyond the training completion date will result in my certification being delayed until full payment is received.
4. DEFAULT, CANCELLATION, TERMINATION, REFUND, AND DAMAGES FEE
1) Default: If you do not pay your tuition by the agreed-upon payment terms, then you will be considered in default of this Agreement. You will forfeit your enrollment. MotivAction LLC will have the right to terminate this contract, and upon such termination, you will be subject to the Damages Fee set forth below.
2) Payment plans: If you have enrolled in a payment plan through MotivAction LLC, you must keep your payments current or you will be in default of this agreement. You will forfeit your tuition in the training. MotivAction LLC will have the right to terminate this contract, upon such termination, you will be subject to the Damages Fee set forth below.
3) Damages Fee: Because it would be extremely difficult and impractical to assess actual damages suffered by us in the event you default or terminate your Agreement you agree to be charged $1,750. This is a non-refundable, non-returnable administrative fee.
4) No-Show Fee: If you do not attend the event without express written consent from MotivAction, you will forfeit your tuition for the event.
5) Discount Verification: Any discounts offered for Events are subject to verification of eligibility for the discount by MotivAction LLC. If after entering into the Agreement, MotivAction LLC determines that you do not meet the eligibility qualifications for the discount offered, your payment amount owed will revert to the full price
6) You acknowledge that the non-refundable cancellation fee may only be applied to future training with MotivAction LLC for one (1) year from the date of the enrollment agreement. You can choose to extend this by paying the current training extension fee (The current training extension fee is $275.00)
7) If you decide not to attend the training you have initially enrolled in, as long as we are informed two (2) months or more before the commencement of the training date, then a refund of everything except the deposit (for that training) and a $1,500 minimum cancellation fee per training, will be given. The refund given will be refunded using the same method as the payment towards the training was made.
8) Cooling off Period – 3 days if you are a US or Canada resident/citizen, 7 days for the rest of the World: in your enrollment agreement, you have three (3) days to change your mind (if you are a US & Canada resident) or seven (7) days to change your mind (for the rest of the world) and have your deposit refunded. After that time, these cancellation policies apply. Please note, if you were given or sent any books, manuals, CD collections, etc. as part of your deposit, the refund can only occur after returning these to our office. The product needs to be in perfect condition, otherwise, we will need to adjust the refund.
9) If you have placed an amount toward training you have enrolled in, and that amount is less than or is the same amount as the deposit, then no refund will be given, regardless of when your cancellation is lodged.
10) If you cancel your enrollment within or less than two (2) months of the start of the training that you have initially enrolled in, then no refund will be given, and your complete payment will be brought forward to the next training of your choice (within maximum 1 year or less from the date of the first payment (known as a deposit)). You may also decide to purchase a product up to the value of the amount paid, less the amount of the deposit and a $1,500 cancellation fee.
11) If you decide, during the live training, that the training is not for you, no refunds, promises, or obligations will be given or made. Any claims made after the completion of the event are not valid.
12) If you don’t show up at the training or abandon the training at any point during the training, no refund is due. The cancellation fee is in this case 100% of the amount paid. If you fail to attend a specific training without notifying us then there will be no refund due to you, although at the discretion of the MotivAction LLC. the management you may be able to select another training if it is within the 1-year period as specified above.
13) If, during the seminar you are found unfit to participate in this training (or disruptive) by a representative and/or staff member of MotivAction LLC. You will be required to leave the training immediately. No questions or discussions will be entered into, and MotivAction LLC representatives and/or staff will be the sole judge. In this case, no refunds will be given. All training materials including manuals are to be handed back to us on the spot.
14) In case you cannot attend (for whatever reasons) a training in Austin, TX you agree that attending the training in Austin, TX within a 1-year period from the date of the deposit paid, would be acceptable and would be a suitable replacement. All associated costs arising from this choice would then be your responsibility.
5. GENERAL PROVISIONS
1) Warranties: You acknowledge that you are not relying upon any warranties, promises, guarantees, or representations made by MotivAction LLC or anyone acting or claiming to act on behalf of MotivAction LLC unless it is in writing and made a part of this Agreement. All advertising material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by this Agreement and contain the entire understanding and agreement between you and MotivAction LLC. No salesperson of MotivAction LLC has the authority to modify the terms of this Agreement.
2) Terms & Conditions: Your approval and execution of the MotivAction LLC General Terms and Policies will be required prior to event attendance. You may request a copy from MotivAction LLC upon completing this Agreement, although the Terms & Conditions are subject to change. Failure to sign the General Terms and Policies will be deemed a cancellation of this Agreement. You will not be admitted to the applicable event until all course registration and enrollment forms are signed and submitted to MotivAction LLC.
3) Subject to Change: Dates, times, locations, and structure of events are subject to change without notice.
4) Force Majeure: In the case of a natural disaster, emergency, or Act of God, training dates and/or locations may be changed or canceled. In the event of such a circumstance, event tuition will be applied to the next available event. No refund will be given for meals, transportation, or lodging.5)
Transaction Fees: You may be charged foreign or other transaction fees by your bank in connection with this purchase, and you agree that you will be responsible for any such fee.
6) Assignment: This Agreement may not be assigned to another individual or entity without the express written approval of MotivAction LLC.
6. PHOTO & VIDEO RELEASE
1) Use of the name, handle, text, photo, video, likeness, and intellectual property: I hereby grant to MotivAction LLC, its subsidiaries and affiliated companies, and their respective successors and assigns a non-exclusive, irrevocable (except as specified in Section 3 herein under Takedown), unlimited, perpetual, royalty-free, fully-sublicensable, fully paid up, worldwide license, and the right(s) and permission(s) to use my name and/or handle, image(s), and likeness, and the text and photograph(s) and/or video(s) may be used in digital trainings, events, or posted to a social media platform including, but not limited to Twitter, Facebook and Instagram by using the Permitted Parties’ promotional hashtag (collectively, the “Content”) on the www.AvcademyOfMotivAction.com and other websites controlled by MotivAction LLC or its subsidiaries and affiliated companies (collectively, “MOTIVACTION Websites”), Facebook, Instagram, Twitter, other social media platforms, and other websites (collectively, “Platforms”), in other print, audio and video marketing and advertising avenues (“Advertising”), and any digital product, course, seminar or online-training (collectively “Digital Products”).
2) I agree that the Content may be used, copied, distributed, published, exhibited, digitized, publicly displayed, reproduced, altered, edited, manipulated, and otherwise used via any medium and by whatever means, in whole or in part, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of advertising, marketing or trade-in promoting and publicizing the Permitted Parties.
3) I agree that I shall have no right of approval, no claim to compensation (including, but not limited to royalties), and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, copyright infringement or trademark infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content. Furthermore, I irrevocably waive any and all so-called moral rights I may have in the Content.
4) Compliance with Terms for Third-Party Platforms: I acknowledge and agree that in order to post Content on the Platforms, I will be in full compliance with the terms and conditions of such Platforms. You should carefully read the privacy statements of any such Platforms.
5) Takedown: If I want my Content removed from the Platforms, MotivAction LLC Websites, and Advertising, I will send an e-mail message to: Hello@AvcademyOfMotivAction.com
6) Representations and Warranties/Indemnification by User: I represent and warrant: (a) I am 18 years old or older; (b) I have the legal right to post the Content; (c) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity, trademark, patent and/or copyright, of any other person or entity or any applicable laws; (d) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous or otherwise depicts inappropriate behavior; and (e) the Content does not contain any advertising or other commercial content.
7. INTELLECTUAL PROPERTY: The Service and its original content, features, and functionality are and will remain the exclusive property of MotivAction LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MotivAction LLC.
8. AVAILABILITY, ERRORS, AND INACCURACIES: We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
9. TERMINATION: We may terminate or suspend your access to the products, social media groups, or digital products immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. INDEMNIFICATION: You agree to defend, indemnify, and hold harmless MotivAction LLC. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
11. LIMITATION OF LIABILITY: In no event shall MotivAction LLC. , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
12. GOVERNING LAW: These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
13. ATTORNEYS’ FEES: In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs, and expenses of enforcing any right of a such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs, and expenses of appeals.
14. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.