You are registering for a Vibrant Money Program
Please carefully review the following Policies, Notice of Important Information, Health Warning, and Legal Agreement.
CANCELLATIONS: Cancellation requests must be made by contacting Vibrant Money ([email protected]) and any refunds will be subject to the following (except where prohibited by law):
TRANSFERS: You may request to have any non-refundable portion of your tuition applied towards registering for another program within one year of the date of your original registration. Transfers are subject to approval and program availability. Transfer fees will be assessed and due at the time of transfer or cancellation.
YOU MUST READ THE SECTIONS BELOW CAREFULLY AND COMPLETELY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND VIBRANT MONEY ("VIBRANT MONEY"). IF YOU HAVE ANY QUESTIONS ABOUT THEIR MEANING, PLEASE FEEL FREE TO CONSULT AN ATTORNEY OR LICENSED LEGAL PROFESSIONAL.
1.1 CONFIDENTIALITY. I understand that the Program is limited to people who have registered in the Program, and that nothing in this Agreement is intended to limit me from sharing my experience of the Program with anyone. This Agreement is intended to promote and respect the confidentiality of all of the participants in the Program (including their comments and actions in the Program), our Staff and to protect the intellectual property of VIBRANT MONEY.
In consideration of, and as a condition for, permitting my participation in the Program, I agree that:
1.2 INTELLECTUAL PROPERTY AND PROPRIETARY MATERIALS. I understand that all materials, concepts, and other information presented by VIBRANT MONEY during its Programs (collectively, "Program Materials"), in any format, are the property of VIBRANT MONEY and are or may be protected by United States, state, and international law.
I acknowledge that the Program Materials constitute commercially valuable, proprietary, confidential property of VIBRANT MONEY , the design and development of which required the investment of substantial effort, time and money.
I understand that all ownership rights in the Program Materials and this Program are expressly reserved by VIBRANT MONEY. I agree and confirm that I will not reproduce, copy or otherwise duplicate, make derivative works of, distribute, lend or otherwise transfer, the Program Materials without the prior written permission of VIBRANT MONEY, nor will I assist or enable any other person or organization in so doing. I agree and confirm that I will not use the Program Materials in any way that would interfere with and weaken the confidential and exclusive ownership of VIBRANT MONEY in and to the Program Materials.
I understand that the Program Materials presented by VIBRANT MONEY in this Program are intended solely for use in the Program and provided to me solely on the basis that I will only use the Program Materials for my personal use. I understand that while I am free to use the Program Materials for my own personal use, and free to tell others about the benefits I realized from the Program, I agree and confirm that I will not use the Program Materials for any purpose other than my own personal use except with the prior written permission of VIBRANT MONEY.
I agree and confirm that I will not resell, reproduce and sell, modify and sell, or repackage the Program Materials except with the prior written permission of VIBRANT MONEY. I agree not to deliver the Program Materials, whether in the original or reproduced or modified form, or anything borrowed or copied from the Program Materials, by any means, including, without limitation, orally, in writing or digitally, or as part of any seminar, training program, workshop, consulting, or other business activity and irrespective of whether and to what degree any such portion of the Program Materials is protected by relevant intellectual property law.
I agree that this Agreement replaces any prior agreements I may have regarding the use of the Program Materials
1.3 PROGRAM RECORDING RELEASE. VIBRANT MONEY. from time to time records content relating to its programs ("Program Recordings"). As a participant in the Program, I may be included in such Program Recordings. I understand that these Program Recordings are for quality assurance, training, and marketing purposes. As a condition of my participation in the Program, I hereby grant to VIBRANT MONEY. the right to record my name, voice, actions, image, appearance and likeness (collectively, "Likeness") for such purposes and I hereby consent to the recording, use and reuse by VIBRANT MONEY. (collectively "Releasees") of my Likeness in any and all media now known or hereafter devised, worldwide without limitations in time for such purposes. I further grant Releasees the exclusive, perpetual right to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use my Likeness in connection with such internal purposes without further consent from or payment to me; and I hereby release and discharge Releasees from any and all claims, demands or causes of action that I may now or hereafter have by reason of anything contained in the Program Recordings or portions thereof or their use as specified above.
1.4 ARBITRATION. Except where expressly prohibited by law, I agree that any dispute, claim or controversy arising from or relating to my participation in the Program (or any of its associated activities), including without limitation the interpretation, application, execution, performance or enforcement of any provision of this Agreement or concerning Releasees, and/or other participants in the Program, including any claims of wrongful acts or omissions in my registration in the Program and the warnings and disclosure, content or delivery of the Program (or any of its associated activities) by Releasees, will be submitted to and determined by final and binding arbitration.
The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The arbitrator shall be a retired judge. The place of arbitration shall be Orange County, California. The arbitration shall be governed by the laws of the State of California. The award shall be made within twelve (12) months of the filing of the notice of intention to arbitrate (demand), and the arbitrator shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties. The arbitrator shall have no authority to award exemplary or punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall be entitled to an award of its reasonable attorney's fees, as determined by the arbitrator. The arbitrator, in rendering an award in any arbitration conducted pursuant to this provision, shall issue a reasoned award stating the findings of fact and conclusions of law on which it is based, and the arbitrator shall be required to follow the laws of the state of California.
Neither VIBRANT MONEY nor I shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted to arbitration and determined as provided herein and then only for the enforcement of such arbitration award; provided, however, that, notwithstanding this dispute resolution policy, VIBRANT MONEY may apply to a court of competent jurisdiction in the County of Orange, California, to seek injunctive relief before or after the pendency of any arbitration proceeding. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of mine or of VIBRANT MONEY to submit any claim seeking relief other than injunctive relief to arbitration.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
I agree that arbitration is the sole and exclusive procedure for resolution of disputes between me and the Releasees.
I UNDERSTAND THAT THIS IS A LEGAL AGREEMENT IN WHICH I FREELY GIVE UP MY RIGHT TO BRING MY CLAIMS IN STATE OR FEDERAL COURT AND HAVE A JURY OR COURT TRIAL.
1.5 BREACH OF AGREEMENT. I agree that the damages to VIBRANT MONEY or Releasees as a result of a breach or alleged breach of Section 1.1 or 1.2 of this Agreement by me are irreparable and cannot be remedied by an action at law for damages and that VIBRANT MONEY shall have the right, in addition to its other rights and remedies in such event, to injunctive and other equitable relief.
1.6 RELEASE OF LIABILITY. I hereby indemnify and hold Releasees harmless from all loss, cost, obligation, and/or damage arising out of my participation in the Program or in other activities and/or events related to the Program other than with respect to VIBRANT MONEY'S use of my Likeness beyond the purposes described above, or those claims that arise as the result of the gross negligence or willful misconduct of VIBRANT MONEY. I willingly and knowingly assume for myself, my family members, executors, administrators, heirs, successors, legal representatives, and assigns all risks of physical and mental or emotional injuries which may occur during or after the Program.
1.7 GOVERNING LAW. The parties agree that exclusive of conflict or choice of law rules, the laws of the State of California govern this Agreement and all questions with respect to this Agreement, its interpretation and the rights and liabilities of the parties hereunder.
1.8 FORCE MAJEURE. If the provision of the Program is prevented or cancelled because of an Act of God, inevitable accident, fire, blackout, flood, or any other calamity, or if by reason of riots, strikes or lockouts, or any other events beyond the direct control of VIBRANT MONEY, VIBRANT MONEY may, at its option, postpone the presentation of the Program from the original schedule and you shall not be entitled to claim any refund or reimbursement for any costs, expenses, losses, damages or liabilities which may be incurred or suffered by you as a result of such postponement other than as provided in the Cancellation and Transfer Policy applicable to the Program.
1.9 ENTIRE AGREEMENT. This Agreement and any and all attachments hereto constitute the entire understanding between me and VIBRANT MONEY and supersede any prior agreements and understandings between me and VIBRANT MONEY relating to the subject matter of this Agreement. No supplement, amendment or modification of this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver of this Agreement or be binding unless executed in writing by the party making the waiver.
The failure of VIBRANT MONEY to enforce any of its rights under this Agreement shall not be construed as a waiver of any of its rights at any time thereafter. If any part or parts of this Agreement shall be deemed invalid or unenforceable, then that part or parts shall be deemed severed from this Agreement and such severance shall not have any effect on the remaining portions of the Agreement.
3.1 VIBRANT MONEY takes its responsibility and your safety seriously. Please read each section carefully and completely so you can make an informed choice about your decision to participate.
You and you alone are responsible for your choice to participate in the Program and for your own health and well-being at all times prior to, during and after your participation in the Program.
3.2 The Program is not therapeutic in design, intent or methodology and is not to be used as a substitute for medical treatment, psychotherapy or health program of any nature. VIBRANT MONEY advises you that the Program Leaders, Facilitators, or Staff are not medical or mental health professionals and there will be no medical or mental health professionals delivering or supervising the Program.
The parties have throughout this Agreement, expressed their intent on certain subjects. Any such expression of intent shall be deemed "facts" within the meaning of California Evidence Code § 622 and shall be conclusively presumed to be true pursuant to said section. If any court of law or equity or arbitrator ever interprets this agreement, said court or arbitrator shall be guided by the intent of the parties as expressed in the recitals and throughout this Agreement, and the parties agree to be bound by said intent.
I affirm that I have read and have carefully reviewed everything set forth above, in its entirety, and fully understand the risks involved in participating in the Program. I affirm that any questions regarding the Program have been answered to my satisfaction. I have carefully considered the nature of the Program and have voluntarily chosen to attend and not as a result of coercion, pressure, a condition of employment, or to satisfy anyone other than myself. I represent that I am not participating in the Program to remedy any physical, mental, or emotional problems and I fully understand that no portion of the Program is delivered or supervised by medical or mental health professionals. I further affirm that I will follow the recommendations above and will comply with VIBRANT MONEY's instructions during the Program.
I understand that I am responsible for monitoring my own health and well-being before, during and after the Program. Should any unusual symptoms occur during the Program, I will immediately inform the VIBRANT MONEY.
I acknowledge that my representations and agreement are freely given, are true to the best of my knowledge and are intended to be an inducement to VIBRANT MONEY to approve my participation in the Program.
BY PROVIDING MY PERSONAL INFORMATION AND PAYMENT DETAILS TO PURCHASE THE PROGRAM (EITHER BY ONLINE PURCHASE OR ELECTRONIC INVOICE PAYMENT), I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND WILL COMPLY WITH THEM, INCLUDING, BUT NOT LIMITED TO, THE NOTICE, THE HEALTH WARNINGS AND THE AGREEMENT.
I hereby certify that I am 18 years of age or older.
I agree that my completion of my online registration shall serve as my legal signature and indicates my agreement to be legally bound by all of the terms and conditions set forth above.
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