Terms & Conditions
BY CONTINUING TO USE THIS WEBSITE YOU ARE CONSENTING TO THESE TERMS AND CONDITIONS AND YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS WITH MOTIVATING EXCELLENCE LLC.
Information on how to participate in the “Motivating Excellence” Program, Intensives and Workshops including all electronic and hardcopy schedules, information, forms, payment and refund policies form part of these Terms and Conditions.
SECTION 1: MOTIVATING EXCELLENCE
1. By your continued use of this website you are consenting to these Terms and Conditions and agree to be legally bound by them, including any updates to these Terms and Conditions.
2. Motivating Excellence LLC is the owner of Motivating Excellence Program, Intensive and Workshops (“Motivating Excellence”)
3. To participate, participants agree to register their attendance and provide their full name, phone number, email address, post code and next of kin contact details in case of emergency.
4. Late or partially completed registrations for activities may be deemed as ineligible for consideration for participation in the program and Motivating Excellence’s refund policies will apply.
5. All information submitted must be true and correct at the time of registration.
6. Once entered, registrations are not transferable to any other person.
7. By providing information to support a registration the participant warrants they agree to indemnify Motivating Excellence against any loss or damages caused by breach of these Terms and Conditions.
8. The decision made by Motivating Excellence to accept a participant into the program will be based on a “first in” basis and/or suitability of the participant for the program provided the registration is not late or partially completed.
9. Classes may be physically strenuous and participation is voluntary, based on a participant’s own assessment of their fitness, health, ability to participate and understanding of the class requirements, activities and expected outcomes. Participation is based on an understanding and knowledge there is a risk of personal injury or death.
10. By entering the premises participants agree that Motivating Excellence is in no way responsible for personal injury or death. Participants are responsible for ensuring one’s own physical and mental health for, during and after classes including injury rehabilitation and general post-class care.
11. Fees form part of the registration process and are due prior to participation in a class. Once paid, fees are non-transferable and non-extendable beyond their expiry. Policies for payment and refunds are detailed below.
PROGRAM AND INTENSIVES:
All Motivating Excellence Programs & Events REQUIRE a Non- Refundable deposit upon acceptance.
Motivating Excellence Program/ Intensives have Payment plans that can be split into 2 and 3 installments.
A 50% Refund is ONLY given for the 1st installment of the Motivating Excellence Payment Plan where the student has an unforeseen circumstance where they cannot complete the Program /Intensive. The circumstance will be reviewed by Motivating Excellence staff and approved prior to being refunded.
Any deposit, or portion thereof, deemed Non-Refundable by Motivating Excellence and notified to applicant/participant as Non-Refundable by this website or otherwise in writing shall not be refundable.
NO Refunds will be provided AFTER applicant/participant pays the 1st Installment of their payment plan unless determined by Motivating Excellence, in its sole discretion.
NO Refund will be provided, under any circumstances, if the applicant/participant cannot pay any remaining installment(s) for the Program/Intensive. This includes any installment paid subsequent to the Non-Refundable deposit.
NO Refunds will be provided if any participant is removed from Program/ Intensive by Motivating Excellence for cause at anytime. Any appeals for such removal shall be determined by the Motivating Excellence Board whose judgment shall be final.
Full refunds will be provided to an applicant/participant if Motivating Excellence cancels any Program/ Intensive.
Partial refunds (to be determined by the Motivating Excellence board, in its reasonable discretion) may be given if the Program/Intensive is cancelled due to weather, natural disasters and other worldly events that are out of Motivating Excellence’s control.
WORKSHOPS AND EVENTS
All Motivating Excellence Workshops & Events are subject to only a 50% refund at any time prior to 15 days before the workshop or event.
NO Refunds will be provided if an applicant/participant cancels within 15 days of the applicable Motivating Excellence Workshop or Event.
NO Refunds will be provided if Motivating Excellence Board removes the applicant/participant from a Workshop or Event at any time for cause.
Full refunds will be given if Motivating Excellence cancels any Workshop or Event.
Partial refunds ((to be determined by the Motivating Excellence board, in its reasonable discretion) may be given if in the event the Workshop or Event is cancelled due to very bad weather, natural disasters and other worldly events that are out of Motivating Excellence’s control.
12. Participants grant Motivating Excellence the right to use personal information and images including still and video footage for marketing and communication purposes deemed reasonable by Motivating Excellence. Consent forms may be issued to participants if Motivating Excellence wishes to expand the use of personal information and images beyond reasonable marketing and communication purposes.
13. Motivating Excellence will not be responsible for any problems or technical malfunction of any network or lines, servers, providers, computer equipment, software, traffic congestion on the Internet, etc. including, but not limited to, any injury or damage to participants or any other person's computer related to or resulting from registering for, participating in or downloading any materials to enable full participation.
14. Motivating Excellence reserves the right, at any time, to verify the validity of a participant’s registration and to reject or disqualify a participant from participating in any classes.
15. Although every effort will be made to ensure project materials (including information packs and forms) are sent to the addresses stated on the application, Motivating Excellence takes no responsibility for lost or misdirected items not received by participants.
16. The participant agrees to indemnify Motivating Excellence against any injuries or damage to persons or loss caused by negligence of the participant while participating in the activities provided throughout the program and associated activities from the first registration.
17. Motivating Excellence accepts no responsibility for inability to or failure to appear for registered classes.
18. If for any reason the program is unable to run as planned including causes beyond the control of Motivating Excellence the program may be cancelled, suspended or modified and monies may be refunded as is consistent with the refund policy stated in these Terms and Conditions.
19. These Terms and Conditions may be altered where necessary, and any changes will be notified on the program’s website from time to time. By continuing to access the website and participate in Motivating Excellence’s programs, you hereby consent to be bound by subsequent Terms and conditions of Motivating Excellence.
20. Where a participant is a minor/dependent/child as defined by California (or other applicable state) law, a parent/caregiver is accepting these Terms and Conditions on their behalf.
21. Motivating Excellence does not provide FLIGHTS to and from for any Motivating Excellence Programs, Intensives, Workshops and Events Domestic & International.
22. Motivating Excellence does not provide HOUSING for any Motivating Excellence Programs, Intensives, Workshops and Events Domestic & International.
23. Motivating Excellence Participants (“students”) should be able to pay for the all Motivating Excellence Program, Intensives, Workshops and Events in full.
SECTION 2: WEBSITE CONTENT
Providing access to this Website and its contents on an "as-is" and "as-available" basis including the operation of this Website or the services, information, content or materials included on or accessible through or within this Website and You expressly agree that your use of this Website is at your sole discretion and risk.
Motivating Excellence grants you a revocable limited license to access, use, view, electronically copy, download and print hard copy portions of this Website for the sole purpose of information and reference. You acknowledge and agree that Motivating Excellence in its sole discretion may revoke the limited license granted herein without cause. Any other use of information on this Website, including reproduction, for purposes other than those noted herein, or any modification, distribution, or republication without the prior written authorization is prohibited.
Copyrights. All rights are reserved with respect to all information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) on this Website which are protected by copyright, trademark, service marks, or other intellectual or proprietary rights owned by Motivating Excellence, or other third parties and contained in this Website.
Website Links. The sites linked from the Website (“Links”) are not under Motivating Excellence 's control and you hereby acknowledge and agree that your access to, and use of, such Links is at your sole discretion and risk.
SECTION 3: WARRANTIES AND DISCLAIMERS
YOU HEREBY AGREE TO HOLD HARMLESS AND EXPRESSLY WAIVE ALL CLAIMS THAT MAY ARISE BY YOUR ACCESS FOR ANY PURPOSE WHATSOEVER AND USE IN ANY MANNER OF THE WEBSITE INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, THIRD PARTY MATERIALS, LINKS, INFORMATION OR CONTENTS CONTAINED ON THE WEBSITE AND NOT CAUSED BY THE GROSS NEGLIGENCE AND WILLFUL MISCONDUCT OF MOTIVATING EXCELLENCE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MOTIVATING EXCELLENCE SHALL NOT BE LIABLE FOR DAMAGES SUFFERED BY YOU, OR FOR ANY CLAIM AGAINST YOU MADE BY ANY THIRD PARTY, ARISING FROM OR RELATING TO YOUR ACCESS FOR ANY PURPOSE WHATSOEVER AND USE IN ANY MANNEROF THE WEBSITE INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, THIRD PARTY MATERIALS, LINKS, INFORMATION OR CONTENTS CONTAINED ON THE WEBSITE REGARDLESS OF THE NATURE OF THE CLAIM, OR THE CAUSE OF ACTION AND ON ANY THEORY OF LIABILITY, EXCEPT FOR ANY CLAIMS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF MOTIVATING EXCELLENCE.
MOTIVATING EXCELLENCE PROVIDES THE WEBSITE, SERVICES, INFORMATION AND CONTENTS ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO THE THIRD PARTY MATERIALS, SOFTWARE AND LINKS TO THE FULLEST EXENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WITHOUT MAKING ANY WARRANTIES THAT THE WEBSITE, SERVICES, INFORMATION, THIRD PARTY MATERIALS, SOFTWARE, LINKS AND CONTENTS ON THE WEBSITE WILL BE ACCURATE, CORRECT, USABLE, RELIABLE, MEET YOUR EXPECTATIONS, BE UNINTERRUPTED, SECURE, OR TIMELY.
SECTION 4: MISCELLANEOUS
Choice of Law and Venue. The laws of the State of California, of the United States of America without giving effect to its choice of law principles, shall govern the applicability, interpretation and validity of these Terms and Conditions. You hereby agree that the State and Federal Courts located in Los Angeles County, California in the United States of America shall be the exclusive venue for any dispute, action, claim or contest arising out of or related in any manner to the Terms and Conditions.
Entire Agreement. These Terms and Conditions are the entire agreement between You and Motivating Excellence pertaining to Your access and use for any purpose whatsoever of the Website. There are no oral promises, conditions, representations, understandings, interpretations or terms of any kind as conditions or inducements to the acceptance by You of the Terms and Conditions. Motivating Excellence may amend, modify, change, revise or alter in any manner Motivating Excellence deems necessary and its absolute and sole discretion the Terms and Conditions of the Website without notice to You and without Your consent.
Section Headings. The section headings in these Terms and Conditions are inserted only for convenience and reference and the parties intend that they shall be disregarded in interpreting these Terms and Conditions.
Waiver. No delay or failure by Motivating Excellence in exercising any of its rights or enforcing any of the provisions of the Terms and Conditions shall constitute a waiver of that right or provision.
Updated January 3, 2017