ENROLLMENT AGREEMENT
By clicking “I Agree,” entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in any Submissive Academy product or service, you (“Client”) are entering into a legally binding agreement with Skyloft Studios, LLC, dba Submissive Academy, a Connecticut Corporation (“Company”), according to the following terms and conditions:
1. COMPANY’S SERVICES.
Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education, seminars, consulting, coaching, and/or business-coaching (the “Program”). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. The Parties agree that the Program is in the nature of coaching and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on the Company’s website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.
2. COMPENSATION.
Client agrees to compensate Company according to the payment schedule set forth on the Company’s website and the payment plan selected by Client (the “Fee”). Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.
3. REFUNDS.
Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If Client cancels attendance at the Program for any reason whatsoever, Client will receive no refund.
4. CHARGEBACKS AND PAYMENT SECURITY.
To the extent that Client provides Company with credit card information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If Client uses a multiple payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
5. NO RESALE OF SERVICES PERMITTED.
Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferable or assignable without the Company’s prior written consent.
6. NO TRANSFER OF INTELLECTUAL PROPERTY.
Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
7. ACCESS FOR LIFE.
Products or services labeled with "lifetime access" or “access for life” refer to access for the life of Submissive Academy, not the life of the Client. In the event that Submissive Academy ceases operations, the Company will provide a minimum of seven (7) days' notice to Clients, during which time Clients will have the opportunity to download the contents of their purchased Products for their own personal storage. After this period, the Company shall not be responsible for providing access to any content or materials related to the Program.
8. LIMITATION OF LIABILITY.
By using Company’s services and enrolling in the Program, Client releases Company, its officers, employees, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:
(a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, or
(b) $1000.
All claims against Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services is at Client’s own risk.
9. DISCLAIMER OF GUARANTEE.
Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of title, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.
10. PROGRAM RULES.
To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave professionally, courteously, and respectfully with staff and clients at all times. Client agrees to abide by any Program rules/regulations presented by Company. Failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
11. USE OF PROGRAM MATERIALS.
Client consents to recordings being made of courses and the Program, with the exclusion of private coaching programs. Company reserves the right to use, at its sole discretion, course materials, videos, audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lectures, teaching, and marketing materials, and other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for these purposes without compensation.
12. NO SUBSTITUTE FOR MEDICAL TREATMENT.
Client agrees to be mindful of his/her own wellbeing during the course and to seek medical treatment (including, but not limited to, psychotherapy) if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
13. TERMINATION.
In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.
14. CONFIDENTIALITY.
The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Company agrees not to disclose, reveal, or make use of any Confidential Information learned through its transactions with Client, during discussions with Client, during the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information against disclosure, misuse, espionage, loss, and theft.
15. NON-DISPARAGEMENT.
In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the Parties agree that they will neither engage in any conduct nor communications, public or private, designed to disparage the other.
16. INDEMNIFICATION.
Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expenses, including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements, which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company or any of its shareholders, trustees, affiliates, or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
17. FORCE MAJEURE.
Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, government regulations, natural disasters, strikes, civil disorders, pandemics, or any other emergency conditions (“Force Majeure Event”). In the event of a Force Majeure Event, the affected party shall promptly notify the other party of the occurrence and shall use reasonable efforts to resume performance as soon as practicable. If the Force Majeure Event continues for a period of more than thirty (30) days, either party may terminate this Agreement by written notice to the other without penalty.
18. CONTROLLING AGREEMENT.
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
19. CHOICE OF LAW/VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the state of Connecticut without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of Connecticut, Hartford County, pursuant to the rules of the American Arbitration Association. The arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
20. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
21. SURVIVABILITY.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to the payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
22. SEVERABILITY.
If any of the provisions contained in this Agreement, or any part of them, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
23. ELECTRONIC SIGNATURES & ACCEPTANCE.
Client’s click of “I agree,” submission of payment, or any other form of electronic acceptance of this Agreement constitutes a binding signature, equivalent to a handwritten signature on a hard copy contract. By electronically signing, Client acknowledges and agrees that this Agreement and any related documents executed electronically will be legally binding in the same manner as if physically signed. The use of a printed or electronic version of this Agreement, including Client’s electronic acknowledgment or consent, shall be admissible in judicial or administrative proceedings to the same extent and under the same conditions as other business records originally generated and maintained in printed form.
