Growth Mastermind Coaching Program Terms
The following Terms and Conditions govern the Agreement between You (the purchaser of the Growth Mastermind coaching program ("GM") and Auto Film Mastery LLC, and its affiliates, sub-contractors, or assigns, with a mailing address of 126 W Gray St, Houston, TX 77019 (“Auto Film Mastery”), entered into effective as of the date of Your signature on the Agreement (“Effective Date”). You and Auto Film Mastery are each referred to as a “Party” and collectively as the “Parties.”
1. PAYMENT TERMS. You authorize Auto Film Mastery to process the credit card information you have provided to Auto Film Mastery, in the amount set forth on the Agreement, for the GM coaching program. You acknowledge and agree that GM coaching program do not include travel or lodging, and such travel or lodging expenses incurred by You shall be Your sole responsibility and shall be in addition to any Fee for the GM coaching program.
2. NO RIGHT TO REFUND. Because You will start to receive the GM coaching program immediately, You understand and agree that You shall have no right to receive any refund for any reason or at any time, even if You cancel Your GM coaching program. You further understand and agree that if You should fail or refuse to avail Yourself of any GM coaching program You shall not be entitled to any refund.
3. NO INCOME CLAIMS. You agree that Auto Film Mastery has not made any promise, guarantee, or other representation with respect to Your future income or gains resulting from the provision of GM coaching program, and that You have not been induced to enter the Agreement as a result of any income claims.
4. INTELLECTUAL PROPERTY. Auto Film Mastery retains all right, title and interest in any and all intellectual property related to or associated with the GMc oaching program, including without limitation: (a) trademarks and copyrights; and (b) any other proprietary right arising under the laws of the United States. You are given a limited, non-exclusive, non-sub-licensable, and non-transferable license to share the information You learn from the GM coaching program with Your employees and business partners only. Except as set forth in the previous sentence, You understand and agree that neither the Agreement nor the provision of GM coaching program by Auto Film Mastery shall constitute a transfer, assignment, or license of any intellectual property rights from or by Auto Film Mastery. You further understand that Your employees and business partners do not have any license to share the information You obtained from the GM coaching program with any other person.
5. CONTACTS. By signing the Agreement and providing Your credit card information, You agree that Auto Film Mastery may call and text You regarding Your account information and regarding other offers, products, and services.
6. INDEMNITY. You agree to protect, defend, indemnify and hold harmless Auto Film Mastery, its members, officers, directors, employees or their invitees, from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your receipt of GM coaching program or actions taken in response thereto. Your indemnity obligation includes, but is not limited to, any claim for personal injury sustained while traveling to or attending any seminar or other in-person training provided by Auto Film Mastery to You.
7. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL AUTO FILM MASTERY’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY YOU TO AUTO FILM MASTERY IN THE TWELVE MONTHS PRECEDING THE FACTS GIVING RISE TO ANY CLAIM BY YOU. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
8. FORCE MAJEURE. Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement, neither Party shall be responsible to the other for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: Any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes (except financial) beyond the control of either Party.
9. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Auto Film Mastery shall be resolved exclusively in final and binding arbitration before a single arbitrator selected by Auto Film Mastery within a reasonable time of You giving notice of arbitration to Auto Film Mastery. Arbitration shall be held in Harris County, Texas, at a location determined by Auto Film Mastery. You agree not to file suit against Auto Film Mastery, any of its affiliates, subsidiaries, members, officers, directors, or employees. The dispute will be subject to rules of arbitration as determined by the Arbitrator. The decision of the Arbitrator will be final and binding on the Parties and may be reduced to a judgment in any court of competent jurisdiction. You agree that each Party shall bear its own costs and attorneys’ fees in any arbitration or litigation, regardless of which Party, if either of them, is deemed the prevailing party. This agreement to arbitrate survives any termination or expiration of the Agreement. Nothing in these Terms and Conditions prevents Auto Film Mastery from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Auto Film Mastery’s interest prior to, during, or following the filing of any arbitration or other proceeding. Any claim must be brought in arbitration within one (1) year from when the claim arises.
10. WAIVER OF CLASS ACTION. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. Claims brought against Auto Film Mastery may not be joined or consolidated with claims brought by anyone else.pa
11. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of Texas without regard to any choice of law provisions.
13. SEVERABLE. In the event any provision of the Agreement or these Terms and Conditions is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and these Terms and Conditions, as so modified, shall continue in full force and effect.
14. NO ASSIGNMENT. The Agreement cannot be assigned by You to another Party without the express written consent of Auto Film Mastery.
