SUMMIT TERMS OF USE
Profit Mavens Summit Payment Plan
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WAIVER AND RELEASE OF LIABILITY
SUMMIT INFORMATION:
Name of Summit: Profit Mavens Summit
Date of Summit: VIP night Oct 1st, Main summit Oct 2 and 3 2024
Location of Summit: Rooftop Venue Lehi Utah
Accommodations: accommodations are the responsibility of the Attendee and are not included in the Payment.
Total Payment: $997 General admission payment plan (hereinafter referred to as the “Payment”)
This Summit Contract (hereinafter referred to as the “Contract”) for participation in Profit Mavens Summit (hereinafter referred to as the “Summit”) releases Mya Nichol LLC (hereinafter known as the “Company”) a Limited Liability Company (LLC), organized and existing under the laws of the State of Utah and each of its successors, assigns, administrators, contractors, subcontractors, directors, agents, officers, trustees, employees, staff, volunteers, other participants, advertisers and owners or lessors of the premises on which the Summit occurs, as stated below.
You, the ticket purchaser, (hereinafter referred to as the “Attendee”) wishes to attend the Summit and hereby agrees to the terms as stated herein. Together, the Company and the Attendee are collectively referred to herein as the “Parties”.
The Parties hereby agree as follows:
- SUMMIT DESCRIPTION
The Summit includes:
- 2 days of training and workshops - Oct 2nd and 3rd
- Lunch on Oct 2nd and 3rd
- Snacks on Oct 2nd and 3rd
- Swag bag
- Cocktail night on Oct 2nd
- Summit workbook and networking portfolio
The Summit does not include:
- airfare
- transportation
- lodging
- breakfast or dinner
- 1:1 coaching
2. PAYMENT
The payment for the Summit is $997.02usd for a general admission ticket with payment plan option and must be paid via credit card. The payment is non-refundable. All 6 installments of $166.17usd must be paid in full for the ticket to be valid
General Payment Terms:
When you pay for the Summit by credit card, you authorize and give permission to Mya Nichol LLC to charge your credit or debit card for the amount owed for payment of the Summit. When you purchase the Summit, your information (i.e. credit card and contact info) may be collected by the third-party merchant Stripe and Kajabi (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different from ours. Mya Nichol LLC is not responsible for the merchant’s independent policies or practices.
Payment Plan Terms / Failed Payment Procedures:
Should you choose to purchase the Summit via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged six times for $166.17usd to complete your total payment of $997.02usd.
If you choose the Payment Plan to purchase the Summit, you hereby authorize and give permission to Mya Nichol LLC to automatically charge your credit card, debit card, or PayPal account, as payment for the Summit, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.
We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.
By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full for the ticket to be valid. There are no exceptions. No refund requests or stop payments will be granted or accepted.
Failed Payment Plan Payments / Re-charge procedures:
By signing up for the payment plan, your card will automatically be re-charged each month for $199.40 until all 5 payments have been made. Please plan accordingly.
If your payment-plan payment fails on the 1st attempt:
In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged to make your payment of the Summit.
If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have a 15 day grace period to update your card information.
4th and final attempt to make payment:
The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections and your ticket will be invalid and no payments will be refunded.
When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Container terms.
Late Payment Fee:
If any fee outlined in this agreement remains unpaid on the 3rd failed attempt to make payment, a late fee of ten percent (10%) of the payment due will be assessed. The Company reserves the right to restrict your access to the Summit or terminate your participation in the Summit unless and until all outstanding fees have been paid in full.
3. WAIVER AND RELEASE
By attending, traveling to/from, and/or participating in the Summit in any way, the Attendee agrees to release, forgive, and forever discharge the Company, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, injuries, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
The Company is not responsible or liable in any way for any and all damages you receive directly or indirectly from your travel to/from the Summit and/or your attendance and/or participation at or in the Summit. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for the Summit. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
4. ASSUMPTION OF THE RISK
The Attendee agrees and understands that their attendance, participation in, and/or travel to/from, the Summit may involve risks. These risks may lead to tangible or intangible harm. Additional risks involved, like those involved with traveling to/from a foreign country or state, a place where medical services are not as readily available, or a country with unsteady political, cultural, or geographical climate, may also be present.
It is solely the Attendee’s responsibility to familiarize themself with all possible risks associated with participation in the Summit. The Attendee agrees that the Company is not liable, to the fullest extent possible by law, for any harm that the Attendee may experience due to the Attendee’s participation in, or travel to/from, the Summit.
THE ATTENDEE ACKNOWLEDGES THAT THEIR DECISION TO ATTEND THE SUMMIT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED HEREIN. THE ATTENDEE IS ATTENDING THE SUMMIT OUT OF THEIR OWN VOLITION. THE ATTENDEE AGREES TO BE THE SOLE RESPONSIBLE PARTY AND ASSUMES ALL RISK ASSOCIATED WITH ATTENDING AND/OR TRAVELING TO/FROM THE SUMMIT. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES OR LIABILITIES ARISING FROM OR IN CONNECTION WITH/TO THE ATTENDEE’S SUMMIT PARTICIPATION OR ATTENDANCE.
5. INDEMNIFICATION, DEFENSE, & HOLD HARMLESS
The Attendee agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Attendee, other Attendees, summit venue, and/or the Company.
6. DISCLAIMER
The Attendee understands that the Company is an instagram and business coach
The Attendee understands that the Company is not an attorney, therapist, publicist, financial advisor, and/or accountant, or any other licensed or registered professional. The Company and Attendee’s work together is not a substitute for professional financial, business, or legal advice. The Company and Attendee’s work together may address, among other things, goals, priorities, identifying resources, brainstorming, action plans, strategy, and planning. The Attendee understands that the Company does not guarantee any outcome, income revenue, and/or profit from the Parties’ work together.
7. CANCELLATION + REFUND POLICY
The Company reserves its right to cancel the Summit for any reason. If the Company cancels the Summit for any reason, the Attendees are entitled to a refund of the Payment made to the Company for services not yet rendered. However, the Company shall not be responsible for any additional fees paid by the Attendee to third parties, such as airlines, travel companies, etc.
Once the Attendee secures their Summit spot by completing the Payment, no refunds will be issued for any reason. See section 11 for more information on if the Attendee cannot make it to the Summit after purchasing a ticket.
8. ARBITRATION
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Utah. The arbitration hearing shall be held in the state of Utah. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in the Contract shall be awarded. The sole remedy for the Attendee shall be a refund of any amount paid to the Company.
9. SEVERABILITY
The provisions of the Contract shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of the Contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Contract as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
10. WAIVER
The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed a waiver of any further right pursuant to the Contract.
11. NO ASSIGNMENT
The Attendee’s Summit spot may not be assigned or sold to anyone other than the Attendee without the advance express, written consent of the Company. Should the Attendee need to transfer their Summit spot for any reason, please e-mail [email protected] first to see if there are any waitlist spots available. The Company does not guarantee in any way that the Attendee’s spot will be able to be filled prior to the Summit. The Attendee will not receive a refund if their spot is not filled and if payment by the substitute is not completed.
12. FORCE MAJEURE
In the event that any circumstances beyond or not within the reasonable control of the Parties, including, but not limited to: an act of God (such as, but not limited to, fire, explosion, earthquake, flood, tsunami, drought, tidal waves, hurricanes, etc.), hostilities, war, invasion, curtailment or interruption of transport, threats or acts of terrorism, State Department travel advisory or warning, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Contract, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such circumstances.
13. NO GUARANTEES, WARRANTIES OR REPRESENTATIONS
The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Attendee’s experience, performance, results, income, revenue, or success with regards to attending the Summit. The Attendee understands that due to the nature of the Summit, the results experienced by each Attendee may vary. The Company does not make any guarantees other than that the Summit shall be provided to the Attendee in accordance with the terms of the Contract as stated herein.
14. APPLICABLE LAW + VENUE
This Contract shall be governed by the laws of the state of Utah. Any action brought by any party arising out of or from these Terms shall be brought within the Utah, County of Utah County.
15. ENTIRE AGREEMENT & HEADINGS
The Contract contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.
The headings of Sections in the Contract are provided for convenience only and shall not affect its interpretation or enforceability.
16. PHOTOGRAPH AND IMAGE RELEASE
The Attendee grants the Company the right, title and interest to any and all recordings (by audio, video or both) and/or photographs taken of the Attendee, their likeness, and/or voice in connection with the Attendee’s participation in the Summit for the purposes of promoting and marketing the Summit across social media, advertisements, the Company’s website, and to the Company’s future attendees. The Attendee will not receive any compensation for use of their likeness, testimonial, or image.
ATTENDEE STATEMENT:
By checking the terms of use box the Attendee agrees that they have read and hereby agree to the above Contract and Waiver and Release of Liability and fully understand the content herein. By checking the box, the Attendees is certifying that they are 18 years of age or older and legally competent to execute the Contract.
By checking the box the Attendee agrees that they are signing the Contract voluntarily and willingly and recognizes that the box serves as a complete and unconditional release of all liability to the greatest extent allowed by law.