GUIDE Culture™ and GUIDE Method™ Educational Services Terms and Conditions
The following are the terms and conditions (the “Terms”) for GUIDE Culture™ and GUIDE Method™ educational services. GUIDE Culture™ and GUIDE Method™ are owned and trademarks of MDM Wellness Inc. (“Provider”) located at 282 South Main Street, Alpharetta, GA 30009.
Fees: In exchange for creating the GUIDE Culture™ and GUIDE Method™ and providing the service of delivering the agreed upon training program, the purchaser (“Student”) agrees to the following:
Invoicing and Payment Terms: Provider charges Student at the time Student registers for the training. Provider offers monthly payment plans up to 12 months. Student will provide a valid credit card and it will be charged for the amount of the term selected at the time the Student registers. If Student pays in full, the entire fee will be charged upon registering. If Student selects a payment plan, the first payment will be charged immediately. The Student is set up for an automatic charge to their credit card provided each month on an automatic basis determined by when Student registers (if Student purchases on the 1st of the month, the Student’s credit card will be charged the 1st of each month going forward until the full balance is paid.) A service fee is charged on payment plans. If Student’s recurring payment fails to go through, Provider will give Student three days before attempting another charge. If the Student’s recurring payment fails a second time, the Student is in default and the full balance owed shall be due. Provider has the right to forward the Student’s entire outstanding balance due to a collection agency.
No Cancellation or Refunds: Student may transfer to another class offering (must be the same class purchased i.e. Online GUIDE Culture™ or In Person GUIDE Culture™ Experience) if there is availability and the Provider receives written notice 14 days prior to the start date of original training. Written notice may be provided at email@example.com. If Student needs to reschedule and provides notice under 10 days of the start date, there will be a fee of $399 to be moved to another class offering (must be the same class purchased i.e. Online GUIDE Culture™ or In Person GUIDE Culture™ Experience).
Course Materials: Provider will provide course materials to Student in the United States and Canada exclusively. If Student is outside of the United States or Canada and would like course materials, an extra shipping fee will be charged to them. The Student is not permitted to resell or reproduce the materials unless permission is granted by Provider, in writing. Student may not use the materials to train other people. Student will have access to the membership portal for six months.
Intellectual Property: All property created and/or delivered by Provider, including, but not limited to, all trademarks, course materials, and program structure shall remain the exclusive property of Provider. Student may not use property to train other people.
Student Privacy: Provider will not sell, trade or otherwise transfer to outside parties Student’s personally identifiable information. This does not include GUIDE Culture™ and GUIDE Method™ Coaches who assist the Provider in delivering coaching services to Student.
Marketing and Promotion: Provider will market and promote the GUIDE Culture™ and GUIDE METHOD™ and has the right to use Student testimonials, photos, voice memos and videos unless Student expressly notifies the Provider in writing at firstname.lastname@example.org 14 days prior to the start of training services.
No Guarantee of Results: GUIDE Culture™ and GUIDE Method™ training will provide Student with information, techniques and tools to use. Implementation of the information, techniques and tools is dependent on the Student, therefore, Provider does not guarantee results.
Labs: Provider offers group coaching calls called labs. These labs are scheduled for Students after each teaching session. Student should make every effort to attend their scheduled group lab time. Provider will make an effort to accommodate special schedule changes but Provider will not be able to accommodate individual weekly Labs.
No Liability to Third Parties. The debts, obligations and liabilities of either Provider or Student, whether arising in contract, tort or otherwise, shall be solely the debts, obligations and liabilities of such Provider or Student respectively, and no other Party shall be obligated for any such debt, obligation or liability of such Provider or Student solely by reason of being a party to these Terms Agreement.
Assignment. Student shall not have the right to assign these Terms to any other individual or company without the expense advance written approval of Provider.
Notice. Any notices to be given under these Terms by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices must be addressed to the Provider at its address of record as set forth on its website and maintained by Georgia Secretary of state. Mailed notices must be addressed to Student at the last physical address provided by Student to Provider. Each party may change its address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of 14 calendar days after mailing.
Waiver. Failure on the part of any Party to complain of any act of another Party or to declare another Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder. No waiver of, or consent to, any breach or default shall be deemed or construed to be a waiver of, or consent to, any future breach or default.
Severability. If any provision of these Terms or the application thereof shall be determined by a court of competent jurisdiction to be invalid and unenforceable, the remainder of these Terms and the application of the other provisions herein contained shall not be affected thereby, and all such other provisions shall remain effective and in force and shall be enforced to the fullest extent permitted by law.
Binding Effect. These Terms shall inure to the benefit of and be binding upon the Parties, and their heirs, successors and assigns.
Construction of Terms. (a) The captions contained in these Terms are inserted only as a matter of convenience and in no way define, limit, extend or describe the scope of these Terms or the intent of any provision thereof. (b) As used herein, the word "person" shall include the individuals, corporations, partnerships and other entities of any type. In these Terms, the use of any gender shall be applicable to all genders, and the singular shall include the plural, and the plural shall include the singular.
Other Activities. Any Party may engage in other business ventures of every nature and no other Party shall have any right in such independent ventures or the income and profits derived therefrom.
Entire Agreement. These Terms are intended by the Parties to be the final expression of their agreement and the complete and exclusive statement of the terms thereof, notwithstanding any representations or statements to the contrary heretofore made.
Amendments. These Terms may be amended by the Parties hereto at any time prior; provided, however, that any amendment must be by an instrument or instruments in writing signed and delivered on behalf of each of the Parties hereto.
Governing Law and Venue. These Terms will be governed by the laws of the State of Georgia without regard for conflicts of laws principles. Each Party hereby expressly consents to the personal jurisdiction of the state and federal courts located in Fulton County, Georgia for any lawsuit filed concerning any matter arising from or relating to these Terms.