Elite Program Terms & Conditions
Elite Program
Terms & Conditions
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PROGRAM DISCLAIMER & WAIVERS
In connection with, and as a condition of, my participation in courses or programs (herein collectively referred to as the Program) conducted by Career ACTivate, Inc. their agents, affiliates, and assigns (herein collectively referred to as Career ACTivate). I confirm, acknowledge and agree as follows:
1) CONTENT
The Program is purely an educational Program put on by Career ACTivate. It is not intended as a forum for the promotion of any particular products or investments and neither Career ACTivate nor any of its officers, directors, employees or representatives, in any way recommends or endorses any product or service which may be discussed in the Program.While the party putting on presentations (the “Presenter”) in the Program are participating with the consent of Career ACTivate, Career ACTivate assumes no responsibility for the accuracy or appropriateness of any information provided in the Program by the Presenter. Further, should the undersigned choose to enter any contractual relationships with the Presenter at or subsequent to the Program, the undersigned does so at their own risk, and acknowledges that Career ACTivate has neither responsibility for, nor liability with regard to, any contracts or relationships entered into between the undersigned and any third party Presenter in the Program.
2) GRANT OF RIGHTS
I understand that during and after my participation in the Program, my voice, image, and Program materials (submitted for possible critique on the weekly Q&A/feedback call or posted in the online peer support community of the Program, herein referred to as “Student Material”) may be recorded or saved in any medium by Career ACTivate (collectively as “Content”). With respect to the Content, I irrevocably assign, transfer, and deliver to Career ACTivate and its affiliates, subsidiaries, licensees, and assigns, all its right, title, and interest to use, refrain from using, change, modify, add to, subtract from and to exploit, advertise, exhibit and otherwise use in any manner and purpose or in any manner and in any and all media, whether now known or hereafter devised, throughout the world, in perpetuity, in all languages, as Career ACTivate, in its sole discretion, will determine.I agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified; and, Career ACTivate will have the right to make such revisions, deletions, abridgments, or other changes in the Content and to combine the same with the work of others as Career ACTivate, in its sole discretion, may deem desirable.
I hereby authorize and grant to Career ACTivate and their agents and assigns, an irrevocable license and permission to use my name, photograph, likeness, voice, Student Material, testimonial and biographical material, in whole or in part, without review, permission, or approval in any manner, for publication or reproduction in any medium, including but not limited to television, radio, print media, and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. My consent extends to such use without restriction or limitation as to time or geographic boundary.I hereby waive all rights I may have to any claims or demands for payment or royalties in connection with the use of any of such materials regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by Career ACTivate for any product and/or service in connection with such use and publication. I understand that Career ACTivate owns all rights in and to any such photograph, Student Material, audio and video recording or testimonial material, including any copyright and/or trademark relating to such use which Career ACTivate may be entitled to claim.
3) RELEASE & LIABILITY WAIVER
In consideration of and as part of my payment for the right to participate in Career ACTivate Elite Coaching & Mastermind Program, the undersigned, my heirs, executors, administrators, successors and assigns do hereby RELEASE, WAIVE, ACQUIT, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS AND FOREVER DISCHARGE Career ACTivate and their affiliates and entities, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Program is being held and any of its owners, executives, agents, or staff (hereinafter “Releasees”) OF AND FROM ALL ACTIONS, CAUSES OF ACTION, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN EQUITY arising from my participation in the Program.4) ASSUMPTION OF RISKS
I do hereby acknowledge that the activities in the Program may pose known and unanticipated substantial risks of physical injury and/or death, disease or illness and/or damage to or loss of personal property. I hereby knowingly and voluntarily assume any and all risks and do agree and acknowledge that my participation in the Program and any of the courses or programs associated with the Program is of MY OWN FREE WILL AND COMPLETELY VOLUNTARY, regardless of anything stated or implied.I also acknowledge that if the Program is in-person,(i) I will inspect the facilities, grounds and equipment prior to being involved in any activity, (ii) I will not participate until I have conducted such inspection and (iii) my participation is my acceptance of the facility, grounds and equipment as being safe and reasonably suited for the purposes intended and (iv) I voluntarily sign this document.
5) AGREEMENT NOT TO TEACH
I agree not to teach others any of the proprietary methods or activities conducted in the Program unless I am fully authorized, trained, qualified and permitted to do so in writing by Career ACTivate. I acknowledge that all materials created and owned by Career ACTivate are its exclusive property and protected by the copyright laws of the United States and by international copyright laws.6) ACKNOWLEDGMENT OF FREE WILL
I am fully responsible for any and all decisions I make in conjunction with the Program and I l alone will determine which activities I will participate in. I further understand that I DO NOT HAVE TO PARTICIPATE IN ANY ACTIVITY AND I MAY WITHDRAW MYSELF FROM PARTICIPATION AT ANY TIME. I agree I will use my own free will and discretion, considering my physical and mental health, when deciding if it is appropriate for me to participate in any activity.7) APPLICABLE LAW
It is the intention of the parties that all rights and liabilities of the parties will be determined in accordance with the laws of the State of California and applicable U.S. federal laws. The parties submit to the exclusive jurisdiction and venue in the state and federal courts located in Los Angeles County and the Central District Court, California in respect to any matter arising out of this release and waiver.8) ASSIGNABILITY
Career ACTivate may assign this Agreement or any of its rights to any third party and this Agreement will inure to the benefit of Career ACTivate, its successors and assigns. I may not assign this Agreement or any of my rights or obligations, in whole or in part, to any person or entity, it being understood that my services are unique.9) SEVERABILITY
Each of the sections contained in this Agreement will be enforceable independently of every other section in this Agreement, and the invalidity or unenforceability of any section will not invalidate or render unenforceable any other section contained herein. If any section or provision in a section is found invalid or unenforceable, it is the intent of the parties that a court of competent jurisdiction will reform the section or provisions to produce its nearest enforceable economic equivalent.10) NOT A TALENT AGENCY CONTRACT
Career ACTivate is a talent counseling service. THIS IS NOT A TALENT AGENCY CONTRACT. Only a Talent Agent licensed pursuant to Section 1700.5 of the Labor Code may engage in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist. CAREER ACTIVATE IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. It may only provide you with counseling. For more information, consult Chapter 4.5 (commencing with Section 1701) of Part 6 of Division 2 of the Labor Code. A dispute arising out of the performance of the contract by the talent service that is not resolved to the satisfaction of the artist should be referred to a local Consumer Affairs Department or local law enforcement, as appropriate.3) CANCELLATION POLICY
ALL SALES FINAL. No refunds.California Residents: You may cancel this agreement and receive a full refund, with no penalty or obligation, if you send written notice of cancellation within ten (10) business days from the date of purchase.
To cancel this contract, mail or deliver or send by facsimile transmission a signed and dated copy of the following cancellation notice (to be delivered by email) or any other written notice of cancellation, along with proof of California residency, to Career ACTivate, Inc. at 4805 Bellflower Ave. Ste. 202, North Hollywood, CA 91601-6300 or support@careeractivate.com, NOT LATER THAN MIDNIGHT TEN DAYS AFTER YOUR PURCHASE DATE (the final day of your cancellation period). If the contract was executed in part or in whole through the Internet, you may cancel the contract by sending the notification to: support@careeractivate.com.
If you cancel, all fees you have paid must be refunded to you within 10 business days after delivery of the cancellation notice to the talent service.
No refunds will be issued for this Program after the cancellation period.
Acknowledgement
I acknowledge that by checking the box on the checkout page or entering my initials in the checkout form during the registration process signifies that, “I HAVE READ AND ACCEPT THE TERMS ON THIS PAGE and have had sufficient opportunity to read this entire release and waiver agreement and acknowledge that I have understood it and agree to be bound by its terms.”
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Coaching Participation Agreement
I understand and agree that if I miss, fail to attend or do not make use of any scheduled Coaching, Elite Program events, and/or Masterminds (collectively the “Sessions”), that I forfeit those sessions. The exception is Private Coaching sessions, which can be rescheduled at least 24 hours in advance using the online scheduling system. All other components of the Program cannot be made up, nor will I be given the opportunity to attend make-up sessions. It is my responsibility to make sure I meet my deadlines and keep my appointments. I also understand that my participation in the Program and the sessions expires at the end of the term. Any unused sessions each month are lost and will not carry-over beyond that month.
I understand and agree that if I miss any scheduled Coaching calls that I lose that call and cannot reschedule it. I also understand that any/all Coaching calls, Masterminds and any/all oher benefits and privileges expire at the end of each month and any of the above that are unused are lost and will not carry-over to the following month.Career ACTivate may make updates to the Program to best meet its Clients’ needs. I understand that if a Coach is no longer Coaching for the company, Career ACTivate will transfer the remaining Coaching hours in my Program to another Coach that they see as fit.Further, I understand that I am solely and completely responsible for any indebtedness incurred as a result of my entering into this agreement. I understand that I am responsible for the complete and total balance amount due to Career ACTivate.Further, I fully understand and acknowledge that Jona Xiao, Career ACTivate, Inc. or any representative of Career ACTivate, make no promises, guarantees or other claims regarding any results that may be obtained from the Program. All products and services are for educational and informational purposes only. Use caution and seek the advice of qualified professionals. Any and all claims, testimonials or other representations relating to income earnings should not be considered as average earnings or typical results. Participants’ results will vary depending on a number of factors, including but not limited to personality, open-mindedness, willingness to follow instructions, perform recommended tasks and participate in all follow-up exercises, and that all actions and results are up to me. I therefore agree to hold harmless Jona Xiao, Career ACTivate, Inc. or any representative from any/all claims that may arise from my participation in one of the Career ACTivate Programs. Career ACTivate has sole discretion to terminate agreement and remove any participant from continuing in the program at any time without a refund if the participant is disrupting the program or is difficult to work with, becomes difficult to work with, or ceases to follow the Elite Coaching & Mastermind Program guidelines. If Career ACTivate terminates the agreement and participant is on any type of monthly payment plan, participant will no longer be charged the monthly rate.For purposes of negotiating and finalizing this form (including any subsequent amendments thereto), any signed document transmitted by fax machine or emailed by computer shall be treated in all manners as an original document. The signature of any party shall be considered for those purposes as an original signature. Any such fax document or scanned document shall be considered to have the same binding legal effect as an original document. The undersigned agree that they shall not raise the use of the fax machine or email or the fact that any signature or document was transmitted through the use of a fax machine or email as a defense to the formation of this renewal form (including any subsequent amendments thereto) and forever waive any such defense.