This Training Agreement Terms & Conditions (the “Agreement”) is entered into between Breaking Free Power Coaching LLC (the “Company”) and Student. The Company grants Student a license to use the Company’s intellectual property, under a revocable license, in conjunction with the SLAY® Certification Program that the Student are currently enrolled (“IP Rights”).
TERMS OF LICENSE OF IP RIGHTS
Student acknowledges and agrees that the IP Rights including, without limitation, the service and word marks (“Marks”) and the goodwill associated with the IP Rights, are owned by the Company and are the exclusive property of the Company and can be used only with the Company’s prior written consent as granted through the term of Student’s enrollment in the SLAY® Certification Program, and subject to, among other things, this Agreement. The Company will retain the goodwill in its business apart from the goodwill associated with the use of the Marks and IP Rights. The Company further acknowledges and agrees that upon the termination of this Agreement all of Student’s rights in the IP Rights shall cease, and Student shall have no interest in or right to use any of the IP Rights, including, but not limited to, the Marks, proprietary systems or any trade secrets which may have come into the possession of Student. Student will not in any manner represent that it owns the IP Rights or any part or component of the IP Rights, and Student hereby acknowledges that its use of the IP Rights shall not create any right, title, or interest in or to the IP Rights in favor of Student, but that all use by Student of the IP Rights shall inure to the sole benefit of and be on behalf of the Company. Should Student use any part or component of the IP Rights or create any expansion of the Services in violation of this Agreement, Student shall execute and deliver to the Company an assignment of all rights Student might have created in any work, trademark, or other intellectual property right using or including the IP Rights together with any goodwill associated with the IP Rights for such expansion of the services. Student further acknowledges and agrees that Student will not at any time do, or cause to be done, any act or thing to contest, oppose, seek to invalidate or in any way impair or intend to impair the validity or enforceability of any applications, registrations, or rights in or for the IP Rights or any of the Company’s exclusive right, title and interest in the IP Rights.
If Student chooses not to complete the SLAY® Certification Program, e.g., withdraws before last day of class, or does not successfully complete the SLAY® Certification Program, i.e., does not pass exams and/or does not complete required assignments/homework, Student MAY NOT CONTINUE using the SLAY® Certification Program materials, IP Rights, Marks, and associated goodwill, in any way whatsoever.
TRAINING OTHERS
Student’s use of the Company’s Marks and IP Rights is NOT Permitted unless there is a signed written licensing agreement as between the Company and the Student. Examples of unauthorized use are listed below:
Training others such as employees, contractors, staff, co-workers, students, interns, apprentices, or volunteers to become coaches or how to use the SLAY® Certification Program; and
The creation of books, workbooks, tapes or other materials using the SLAY® Certification Program, IP Rights, Marks, and associated materials.
INTELLECTUAL PROPERTY LICENSE NOTICE
Becoming a Student in the SLAY® Certification Program creates a limited, revocable license for the use and presentation of the Company’s materials exclusively as provided herein. All other rights are expressly reserved by the Company. The SLAY® Certification Program materials are protected in whole and/or in part by state and federal copyright laws, trademark laws, and international treaty provisions. All title and copyrights in and to the SLAY® Certification Program materials, including but not limited to any images, photographs, animations, video, audio, music, text, electronic applications, and accompanying printed materials incorporated into the SLAY® Certification Program materials and any copies of materials associated with the SLAY® Certification Program materials, are owned by the Company. No one is authorized to copy any audio, video, lesson, or SLAY® Certification Program materials without the prior written consent of the Company. If violated, the Company may commence civil action seeking monetary damages, attorneys’ fees, injunctive relief, and, in appropriate circumstances, criminal prosecution, with all reasonable legal and attorneys’ fees to be paid by the infringer and/or third parties.
PROFESSIONAL CONDUCT
A Student must model the behavior expected of a professional in all interactions with instructors, peers, and practice clients inside and outside of SLAY® Certification Program. This model behavior includes:
Treating each person with respect
Keeping agreements and appointments
Negotiating any conflicts in a professional manner
The Company has a zero-tolerance policy for rude, violent, discriminatory or other inappropriate behavior. Student may not participate in class or practice coaching under the influence of alcohol or drugs.
A Student must strive at all times to recognize their personal issues that may impair, conflict or interfere with, their coaching performance or their professional coaching relationships inside and outside of a class.
ATTENDANCE, MISSED CLASSES AND MAKE-UPS
By their enrollment in the SLAY® Certification Program, Student agrees to attend all SLAY® Certification Program classes which they are registered for as scheduled. A Student must strive at all times to recognize their personal issues that may impair, conflict or interfere with, their coaching performance or their professional coaching relationships inside and outside of a class.
Student is allowed to miss up to one live session of instruction without penalty. Student may make-up the missed time by requesting a recording of the missed class from the SLAY® Certification Program instructor, watching the session, and making up any work that was required to be done.
If a Student misses AND is unable to make-up more than one live session (two hours of instruction), the Student will be asked to withdraw from the class with the option to transfer to a future class within 12 months from the start date of the class in which they are currently enrolled.
SLAY® CERTIFICATION PROGRAM CERTIFICATION
Students will only receive the SLAY® Certification Program “Certification” if they fulfill all of the training requirements outlined in their training materials; Students enrolled in the 8 week program must finish their then enrolled SLAY® Certification Program.
If a Student wishes to complete their certification beyond 6 months and up to 12 months (1 year) after the last class meeting, a $250.00 extension fee will be assessed and they must meet privately with an Instructor to complete the certification process.
If a Student wishes to complete their certification between 12-36 months (1-3 years) after their last class, a $500.00 extension fee will be assessed.
PAYMENT OF TUITION AND FEES
Prior to beginning any SLAY® Certification Program course, a Student may make the tuition payment in full or have signed a payment plan agreement approved by the Company. Payment plans must be completely satisfied before a Student receives their completion SLAY® Certification Program Certificate. Students on a payment plan are financially responsible to satisfy all payments as scheduled whether they complete the program in which they enrolled in or not.
DELINQUENT ACCOUNTS
Should a Student’s account become more than 30 days delinquent, the Company reserves the right to take any or all of the following actions:
Withdraw the student from the training program with forfeiture of any monies paid to date;
Withhold the Certificate of Completion until all tuition and past-due fees are paid in full; or
Submit the Student’s outstanding balance to a collection agency once it has been over 90 days since the last payment was made.
GRIEVANCES
If a Student is unhappy for any reason, we request that the Student notify the Company as soon as possible in writing to support@rebeccazung.com, and to clearly identify specific items causing dissatisfaction so that together we may create a solution to the situation.
CANCELLATION OF PROGRAMS
If the Company cancels a class for any reason prior to the first day of class, we will offer Student a seat in any future class of the same program type and format; if no upcoming class is available or the timing is unsatisfactory for the Student’s schedule, Student will be refunded in full.
REFUND & CANCELLATION POLICY
Due to our limited class size and the advanced planning required to make sure we have adequate classes to fill the demand for instruction, there are NO REFUNDS.
If Student has a payment plan and withdraws from class less than 30 days before the start of class, the no refund policy still applies–Student remains legally bound to finish all payments as agreed.
If Student requests their credit card company to chargeback or refund the Student directly for any amount paid to the Company, the Company will dispute the non-refundable deposit amount and any other amounts owed to Student based on this Agreement.
PROHIBITED CONDUCT
Student agrees as a condition of their enrollment in the SLAY® Certification Program, that Student will NOT to do the following:
Perform any workshops to teach people the curriculum found within SLAY® Certification Program unless approved, in writing, by the Company;
Register or use domain names associated with the Rebecca Zung and/or the Company brands, including: SLAY®, SLAY® Your Negotiation™, Rebecca Zung, and any additional phrases, taglines, or Rebecca Zung and/or the Company’s use in marketing. This also applies to social media handles and group names as well as headline copy for paid advertisements;
Remove the copyright, trademark notice and/or logo from provided SLAY® Certification Program materials. Doing so would infer the content to be the Student’s original content, ideas, copyright, or trademark;
Claim themselves as a Company representative in any other capacity than a Student;
Reproduce, copy, or disseminate SLAY® Certification Program materials in any manner or medium not authorized by the Company. This prohibition includes any digital posting, reverse engineering, copying, or distribution on any web platform, YouTube, social media, or any other means of digital dissemination;
Use any SLAY® Certification Program logos in any way aside from on provided Company materials;
Bind the Company to any contract, obligation, or pledge of any nature. Student is prohibited from entering into any agreements or making any representation that may infer liability or cause financial responsibility on behalf of the Company, its employees, or assigns;
Make any statement or representation that would suggest or state that the Student is employed by the Company or is otherwise an agent for the Company; or
Teach the SLAY® Certification Program content in keynotes, podcast interviews or other media appearances.
Other Important Terms
Assignment
The limited rights granted to Student hereunder are not assignable or transferable absent the express written consent of the Company. Any unauthorized transfer or assignment will be deemed void.
No Warranty
The Company’s website (and related sites), its content, and all services, materials, and products associated with the site or any content or materials provided are provided on an “as-is” and “as-available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the content or operation of our site or of the services. Student expressly agrees that their use of the Company websites or services is at their sole risk.
The Company makes no representations, warranties, or guarantees, express or implied, regarding the accuracy, reliability, or completeness of the content on our site or of the services, and expressly disclaim any warranties of non-infringement or fitness for a particular purpose. The Company makes no representation, warranty, or guarantee that the content that may be available through the services is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept, or expropriate any system, data, or personal information. Access and use of the Company’s website may be interrupted from time to time for any of several reasons, including without limitation the malfunction of equipment, periodic updating, maintenance or repair of the site, or other actions that the Company, in its sole discretion, may elect to take.
Indemnity and Waiver
Without waiving any other limitations or indemnity rights of the Company herein, the Company assumes no liability and Student waives any claim against the Company for Student’s use of any training or materials, including any claims by individuals arising from Student’s consulting activities. Student hereby releases, indemnifies, and holds the Company harmless from any and all claims related to the Student’s use of the training, The Company’s materials, or any other claim arising from or related to any aspect of Student’s activities. Student agrees to indemnify and hold the Company and its affiliates, officers, agents, employees, members, and third-party vendors harmless from any and all claims, liability, and expenses, including reasonable attorneys’ fees and costs, arising out of Student’s use of the Company’s site, services, framework, content, materials, or breach of this Agreement (collectively referred to as “Claims”). The Company reserves the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any Claims. Student agrees to reasonably cooperate as requested by us in the defense of any Claims.
No Joint Venture or Partnership
Nothing herein shall be construed as an employment or agency relationship between the parties. Student will in no way be entitled to act on behalf of or otherwise bind the Company to any obligation or liability whatsoever. These parties at all times are independent contracting parties.
Future Amendment and Modifications
The Company reserves the right to update and modify these terms at any time.
STUDENT HAS READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO THEM. STUDENT CONFIRMS THAT STUDENT WANTS TO RECEIVE CONTENT FROM THE COMPANY USING ANY CONTACT INFORMATION STUDENT PROVIDES.
I have read these terms of service, understand them, and agree to them. I confirm that I want to receive content from this company using any contact information I provide.
Please note this disclaimer, and terms and conditions: when you purchase these courses and materials, you agree to the following. While Rebecca Zung is a licensed attorney in the State of Florida in the United States, the information provided here shall not be construed as legal or psychological advice. For advice specific to your situation, please consult a licensed attorney or psychologist in your specific jurisdiction.
Rebecca Zung LLC is an education and training company. We do not sell a business opportunity, “get rich quick” program or money-making system. We believe, with education, individuals can be better prepared to make investment decisions, but we do not guarantee success in our training. We do not make earnings claims, efforts claims, or claims that our training will make you any money. All material is intellectual property and protected by copyright. Any duplication, reproduction, or distribution is strictly prohibited.
Statements and depictions are the opinions, findings, or experiences of individuals who generally have purchased education and training. Results vary, are not typical, and rely on individual effort, time, and skill, as well as unknown conditions and other factors. We do not measure earnings or financial performance. Instead, we track completed transactions and satisfaction of services by voluntary surveys. Further, many customers do not continue with the program, do not apply what they learn, or do attempt to apply what they learn but nonetheless have difficulty in making sales successful for them.
The Company may link to content or refer to content and/or services created by or provided by third parties that are not affiliated with the Company. The Company is not responsible for such content and does not endorse or approve it. The Company may provide services by or refer you to third-party businesses. Some of these businesses have common interest and ownership with the Company.