1. General Terms: the following terms and conditions shall apply to all Branning Group brands of Redding, CA, herein referred to as “Company”, contracts, except where otherwise already provided for in these Terms and Conditions.
a. Attendance & Priority: attendance for any event will be based on order registration. Rescheduled enrollments will be given attendance priority based on the date of receipt of request.
a.1. Definition: An event is any type of meeting, service, or delivery of product. This can be online OR offline. An event can be live OR recorded. An event can be in a 1-1 OR a group setting. An event can be provided by any employee, contractor, client, or affiliate of Branning Group Inc.
b. Expiration: you have 24 months from the time of registration to attend all registered events. Failure to do so will subject you to forfeiture of your tuition payments(s) and you will be liable for the total tuition.
c. Value of Each Event: if there are multiple events per contract, the value of each event shall be derived by dividing the total contract amount by the number of events, resulting in equal value per event. Any non-Company “partner events” are excluded.
d. Breach: a breach of the Agreement includes, but is not limited to, failure to pay under the terms and conditions of this Agreement, failure to attend a registered event without prior written excuse from Company, or if your behavior during any event is deemed inappropriate. Any person found in breach of this Agreement will forfeit their registration into any future events, including any related to this Agreement, and will be liable for full amount of tuition.
e. Cancellations and Refunds: I. All sales are final upon payment.
II. Cancellation & refunds requests must be made in writing by Certified Mail with Return Receipt to the address that appears on the front of this Agreement and postmarked before the applicable cancellation date. EMAIL OR PHONE DO NOT CONSTITUTE PROPER NOTICE FOR CANCELLATION. Once notice is received, you will be required to fill out a cancellation form before any applicable refunds are processed for store credit. You must also return any physical materials received, in like-new condition before any refund is processed. Any items not returned in like-newcondition we be charged and deducted from any refund. Once completed cancellation form and any physical materials are returned, refunds will be processed within 30-60 days in the form of “store credit”.
III. Within 14 calendar days after registration you may cancel, however refunds are only available in the form of “store credit” and may only be applied to another training, mentorship, and/or digital products. There are strictly no cash refunds. If an event on the contract occurs within this period, you will be liable for the value of that event as determined in section c. You must complete all payments due.
IV. After 14 calendar days after registration there are strictly no cancellations or refunds. You must complete all payments due.
f. Rescheduling Event Dates, or Transfers: I. Reschedules or transfers must be requested in writing and may be requested via mail or email.
II. Up to 30 calendar days before an event, you may reschedule dates and locations, or transfer to another person at no extra cost. For all transfers, you may only transfer to another person not already in the Company database (subject to approval.) There is a maximum of 1 (one) transfer per event.
III. After 30 days and before 14 calendar days before an event, you may reschedule dates and locations, or transfer to another person with a $35 administration fee per transfer.
IV. If there are 14 calendar days or less remaining until a registered event, there are no transfers or rescheduling. Even if you do not attend your registered event, you are still liable for the full tuition amount and will forfeit your registration for that event.
g. Materials: course materials can only be provided at the course location and will not be shipped.
h. Age: Except by written permission from Company and accompanied by a parent or legal guardian participating or volunteering at the same event, all participants must be at least 18 years of age. Volunteers must have attended the event prior to acting as a parent or legal guardian of a minor. A parent or legal guardian will be required to sign waivers/releases and any related documents on behalf of any minor attending an event.
i. Warranties: You acknowledge that you are not relying on any warranties, promises, guarantees or representations made by us or anyone acting or claiming to act on behalf of us unless it is in writing and made a part of this Agreement.
j. Attorney’s Fees: The prevailing party shall be entitled to reasonable attorney’s fees in any dispute or action arising out of this Agreement.
k. Venue & Choice of Law: Any issue, dispute or controversy arising out of this Agreement shall be governed by the laws of California and filed with a court of competent jurisdiction in the County of San Diego, State of California.
l. Tax: For events occurring in locations that charge VAT, GST, Sales Tax, or other applicable tax, such taxes may be charged to the participant in accordance with local government tax regulations.
m. Subject to Change: Dates, locations, times, content, and structure of events are subject to change without notice. For current dates and times, contact Company by phone or email.
n. Right of Refusal: Company reserves the right to refuse entry of any person to any event for any reason. In such case, there will be no refund for meals, transportation, lodging, or other incidental costs.
o. Force Majeure: Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrection and/or any other cause beyond the reasonable control of the party whose performance is affected.
p. Indemnity: You agree to indemnify and hold harmless Company against loss or threatened loss of expense by reason of the liability or potential liability of you for or arising out of any claims for damages arising out of relating to this Agreement.
q. Integration & Modification: This Agreement is the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements and understandings with respect thereto. This Agreement may only be amended by a written document duly executed by all parties. No employee or agent, other than current Company CEO has authority to modify this agreement.
r. Severability: If any provision of the Agreement is held unenforceable, then such provision will be modified to the parties’ intention. All remaining provisions of the Agreement shall remain in full force and effect.
s. Heirs and Assigns: This Agreement shall inure and bind the enrollee and their respective heirs, representatives, successors, and permitted assigns. This registration/Agreement shall not be assigned to another without prior written consent of Company.
t. Waivers: The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
u. Video & Photo Release: Company, and those acting pursuant to its authority to are authorized to:
I. Record participants likeness and voice on a video, audio, photographic, digital, and electronic or any other medium.
II. Use participant's name in connection with these recordings.
III. Use, reproduce, exhibit or distribute in any medium (e.g. print publications, video tapes, CD-ROM, Internet/WWW) these recordings as part of or in connection with my enrollment and participation in the events enrolled in). I understand that the recorded materials will be primarily used as a study resource for students enrolled in the online training of the events and that it may also be used by Company, its other brands, and its affiliates for resale purposes. All rights are relinquished to any and all revenues that are generated from this video or any part of this video.
IV. Participants release Company and those acting pursuant to its authority from liability for any violation of any personal or proprietary right I may have in connection with such use. I understand that all such recordings, in whatever medium, shall remain the property of Company.
v. License Agreement: I. Grant of License: Company owns the Image and/or Voice work completed ("Work"). In accordance with this Agreement, Company grants Client an exclusive license to sell the Work. Company retains title and ownership of the Work.
II. Modifications: Unless the prior written approval of Company is obtained, Client may not modify or change the Work in any manner.
III. Defaults: If Client fails to abide by the obligations of this Agreement Company shall have the option to cancel this Agreement by providing 30 days written notice to Client. Client shall have the option of preventing the termination of this Agreement by taking corrective action that cures the default, if such corrective action is taken prior to the end of the time period stated in the previous sentence, and if there are no other defaults during such time period.
IV. Transfer of Rights: This Agreement shall be binding on any successors of the parties.
V. Termination: This Licensing Agreement shall terminate automatically on the final day of the 24 month following the undersigning of this agreement.
w. Agreement & Understanding: Signature indicates participant has read and fully understands and agrees to the terms of this Agreement.
Effective as of January 01, 2015