By entering your credit card information; or otherwise enrolling, electronically, verbally, or otherwise in the Master Your Message Program. This Agreement (“Agreement”) is a legal contract between BMcTALKS, LLC, located at 683 W. San Carlos Way, Chandler, AZ, United States, 85248 ("COMPANY"), and YOU ("CLIENT"), collectively "PARTIES."
WHEREAS, COMPANY is engaged in this business of public speaking and client consulting services; and
WHEREAS, CLIENT desires to engage COMPANY to provide public speaking consulting services to CLIENT in the form of personal consulting and evaluation;
NOW, THEREFORE, the PARTIES agree as follows:
SECTION 1: Membership and Consulting Fees
1.1. Programs: Under the terms of this Agreement, COMPANY agrees to provide business consulting services to CLIENT in the form of personal consulting and evaluation (“Program[s]”) in exchange for the Program Fee.
1.1.2. Term: The Term of this Agreement will commence upon your acceptance of this Agreement. CLIENT agrees and understands that upon commencement of the Term of this Agreement, you will become enrolled in the BMcTALKS MASTER YOUR MESSAGE Program.
1.1.3. Termination: COMPANY may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding CLIENT to Confidentiality in perpetuity.
1.2. Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you or your authorized agent will pay COMPANY the fee for the Program according to the payment schedule set forth on the COMPANY'S website and the payment plan selected by CLIENT. All balances that are not paid within 7 days shall bear interest at 12% per annum.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by COMPANY, CLIENT affirmatively agrees and acknowledges that COMPANY may at any time reproduce and/or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, CLIENT experiences participating in such Program(s), including any specific results experienced by CLIENT over the course of such participation. CLIENT agrees and acknowledges that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
1.4. No Refunds: COMPANY abides by a strict, no refund policy. By accepting the terms of this Agreement, CLIENT agrees and understands that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by COMPANY. CLIENT further acknowledges that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), CLIENT is taking full responsibility for YOUR OWN success. Thus, CLIENT agrees that you will not request a refund.
SECTION 2: No Warranties
2.1. Success not Guaranteed: By accepting the terms of this Agreement, CLIENT agree and understand that COMPANY provides Program(s) related to presentations skills consultation only and guarantees no specific results. CLIENT take full responsibility for YOUR own success. Further, you acknowledge that everyone's success is different, and dependent on factors such as your own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own earnings or success. In other words, we do not guarantee results; you are responsible for your own success, and there is an inherent risk you may lose money, as with any business venture.
2.2. Limited Liability: In no event will COMPANY be liable to CLIENT or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if COMPANY has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.3. Commitment to the Consulting Sessions: By accepting the terms of this Agreement, CLIENT commits and agrees to faithfully execute all the lessons, assignments, and course work in the Consulting Session(s) to the best of your ability. You further agree to attend ALL scheduled consulting sessions included as part of the Program. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly attained access to any Programs offered by COMPANY by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, CLIENT shall not provide or make available any documentation, video, audio, or any login member credentials to any third party, or use the documentation, video, audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: CLIENT acknowledges that any audio and/or visual presentations, documentation, and other elements of the BMcTALKS Master Your Message Program are the sole Intellectual Property of COMPANY under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between CLIENT and COMPANY, COMPANY and its third-party licensors own and shall continue to own all right, title, and interest in and to the Audio and/ or Visual Presentations, Documentation, and other elements of the COMPANY Master Your Message Program, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the audio and/or visual presentations, documentation, and other elements of the BMcTALKS Master Your Message Program, or any other intellectual property rights of COMPANY, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that COMPANY uses in connection with services rendered by COMPANY are marks owned by COMPANY. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non transferability: The rights and obligations under this Agreement are personal to CLIENT. CLIENT may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: CLIENT will, at your own expense, defend, indemnify, and hold COMPANY, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between CLIENT and COMPANY concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding CLIENT may have had with COMPANY relating to the Program, whether oral or written.
4.4. Amendment: COMPANY reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.bmctalks.com
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of Arizona. The venue for any dispute shall be in the County of Maricopa.
Bridgett McGowen, President