This Participant Agreement (the "Agreement") is made between Relationship and Divorce Counseling Center ("RAD") and you (the “Participant”). Both may be referred to henceforth individually as Party or collectively, as Parties. The Parties, intending to be legally bound, therefore now agree as follows:
1. COURSE DETAILS.
a. Course Description. You are enrolling in “Banana Man: An Empowering Approach to Dealing With Difficult People.” The Course will consist of the following components:
1) Defining a difficult person.
2) Learning your options for dealing with a difficult person.
3) Developing a plan for how to respond to the difficult person in your life.
b. Payment and Course Fees. The cost to participate in the Course and full payment must be made upon enrollment in the Course (the “Course Fee”); no payment plans or installment plans are available. Enrollment will be considered to have been completed upon the Participant receiving an email receipt from RAD confirming participant enrollment (the "Enrollment").
c. Payment Authorization and Receipt. RAD only accepts digital and electronic forms of payment such as credit card, debit card, PayPal, or Google Pay.
d. Issues with Payment. If payment of the Course Fee is not received by the time of Enrollment, or there is a problem with the payment transaction or method, the Participant will be notified by e-mail, and the Participant’s account will be put on hold. The Participant shall have five (5) business days following the Enrollment to complete payment of the Course Fee in full; otherwise, the Participant's access to and inclusion in the Course will be automatically terminated.
e. In signing up for this Course, the Participant agrees that registering for this course will not create undue financial hardship.
f. Refund Policy. It is RAD's intention for each Participant in the Course to have a great experience. In light of the time, effort, and resources invested in the Course, though, no refund of the Course Fee shall be provided to any Participant.
g. Terms of Service. The Participant shall abide by the terms and conditions contained in the Course's Terms of Service.
2. COURSE DISCLOSURES.
a. Understanding and Acceptance of Terms. By enrolling in the Course and paying the Course Fee, Participant shall confirm that they have read and reviewed this Agreement, consent to its terms and provisions, and agree to be bound by it. Additionally:
1) The Course and all content and materials provided are being provided as self-help tools for the Participant’s own use only for informational and educational purposes.
2) Many factors influence results, so no guarantees can be made regarding the results the Participant may experience through this Course. The Participant shall agree that RADis not responsible for the Participant’s physical, mental, emotional, and spiritual health, or for the Participant’s financial earnings or losses, or any other result or outcome that the Participant may experience through this Course. This Course is not intended to provide mental health services or legal or financial advice in any way. It is the Participant's responsibility to retain their own legal counsel and/or financial advisor, accountant, or other professional.
3) At all times, it is the Participant's sole responsibility to consult with their own medical or mental health professional for any questions related to a medical or mental health situation. For specific questions related to a Participant’s financial, legal, or tax situation, it is also the Participant’s responsibility to consult with their own attorney, accountant, and/or financial advisor. Any recommendation of any third-party resources, websites, programs, products, or services are offered by RAD for educational purposes only.
b. Age Restriction. All Participants must be at least 18 (eighteen) years of age to use any website or online portions of the Course, enroll and participate in the Course, or access any Services contained or provided herein. By participating in the Course, the Participant represents and warrants that they are at least 18 years of age, of competent and sound mind to enter into a contractual agreement and can legally consent to the terms of and sign this Agreement. RAD assumes no responsibility or liability for any misrepresentation of a Participant’s age.
c. License to Use Websites, Online Forums, and Course Materials. RAD may provide Participant with certain information as a result of the Participant’s accessing of the Course through any website or access to any online platforms provided by RAD as part of the Course. Such information may include but is not limited to worksheets, documents, documentation, data, or information and other materials developed by RAD and which may assist the Participant in their completion of and participation in the Course (the "Materials"). Subject to this Agreement, RAD grants the Participant a non-exclusive, limited, non-transferable, and revocable license to use the Materials solely in connection with Participant participation in the Course and Participant’s use of any website or online platform provided by RAD. The Materials may not be used for any other purpose. This license terminates upon Participant completion of the Course, the Participant de-enrolling or being removed from the Course, or upon the termination of this Agreement.
d. Exclusivity of Materials and Content. By signing this Agreement, the Participant shall agree to not share the Materials with any party, individual, or entity outside of RAD and those other Participants enrolled in the Course. If RAD gains evidence to suggest that the Course or Materials are being shared and/or that the Participant has shared their log-in information for any secure access to the online portion of the Course with any party, RAD reserves the right, in its sole and exclusive direction, to immediately terminate the Participant’s enrollment in and access to the Course.
e. No Guarantees. RAD cannot and does not offer any promises or guarantees regarding a Participant’s success concerning the Course or Course Materials. The Participant also acknowledges and agrees:
1) The Participant is solely and exclusively responsible for the choices that they make with regard to this Course, the Materials contained within it, or any outcome in the Participant’s life or for their business, whether positive or negative, that results from the Participant’s enrollment and completion of the Course.
2) The Participant is solely and exclusively responsible for their own success, their own mental health, physical health, for any business decisions, and any other actions or inaction they may choose to take during their Enrollment in or after completing the Course;
3) The Participant agrees they shall not hold RAD liable under any circumstances for any result or non-result or any consequences which may come about due to the Participant’s enrollment or completion in the Course;
4) This Course does not constitute a therapeutic relationship or a medical one. RAD is not and does not provide therapy or medical services as part of this Course, and the Participant is fully responsible for procuring these services at their own will and discretion if they should need them.
f. Intellectual Property Rights. Both the Participant and RAD shall have certain intellectual property rights, as follows:
1) RAD’s Intellectual Property Rights. RAD shall retain all ownership and intellectual property rights to the Course and the Course Materials and any other content provided to the Participant due to their Enrollment. This shall include all copyrights or trademarks belonging to RAD. The Materials being provided to the Participant by RAD are for the Participant’s use only as part of their Enrollment under a single-user license; the Participant is therefore prohibited from sharing, copying or duplicating, selling or reselling, trading, posting online, distributing, reproducing, or otherwise disseminating any portion of the Course or the Course Materials, whether digitally, in hardcopy, or any other format for their own personal business or commercial use or financial gain, without the prior written authorization of RAD.
g. Assumption of the Risk. The Participant agrees that they are voluntarily participating and enrolling in the Course of their own volition. The Participant agrees to accept and bear sole responsibility for themselves, their behavior, and any decision or course of action undertaken by them, whether before, during or after their Enrollment in and completion of the Course. In conjunction with Section 2h below, the Participant shall agree not to hold RAD liable in any way for their own decisions, behavior, or course of action they may undertake. The Participant knowingly assumes all of the risks of participating in the Course related to their use, misuse, or non-use of the Course or any of the Course's related content or Materials.
h. Liability and Release of Claims.
1) No Liability. The Course and any related Materials are provided for informational purposes only. The Participant acknowledges and agrees that any information provided as part of the Course, provided in the Materials, or on any online platform used by RAD as part of the Course, is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between the Participant and RAD. The Participant further agrees that their participation in the Course is at the Participant's own risk. RAD does not assume responsibility or liability for any information or advice provided in the Course, in the Materials, or on any online platform used by RAD in conjunction with the Course.
2) Indemnification and Release of Claims. The Participant agrees to defend, indemnify, hold harmless, and release RAD, its owners, employees, contractors, agents, or related third parties or affiliates, against all liability, legal claims or demands, damages, causes of action, allegations, suits, sums of money, and attorney's fees which may arise from either the Participant's participation in the Course, and/or due to any information, services, products, and Materials provided to the Participant, or from actions or results to adverse situations created as a direct or indirect result of specific information or recommendations that the Participant may receive through this Course.
3. COURSE PARTICIPATION AND CONDUCT.
a. Participant Expectations and Responsibilities. As a condition for being permitted to participate in the Course, the Participant agrees to abide by the following expectations and responsibilities:
1) Promptly pay all financial obligations and fees owed by the Participant for their Enrollment in the Course;
2) Abide by all the provisions and conditions of this Agreement.
4. DISPUTE RESOLUTION.
In the event of any disputes between the Parties regarding this Agreement or the Course, or the termination of this Agreement, the Parties agree to notify each other in advance, in writing. The Parties shall agree that if they are unable to reach a resolution within thirty (30) days from the date of their written notification to the other Party, the Parties shall agree to submit all disputes arising under this Agreement to arbitration in Hillsborough County, Florida before a single arbitrator, jointly selected by both of Parties, unless otherwise agreed to in writing by both Parties. The Parties shall agree that the only remedy that can be awarded is the full refund of the Course Fee. No other actions or financial awards of consequential damages, or any other type of damages, shall be permitted to be granted. Both Parties agree that the arbitrator's decision is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. The Parties shall also agree that the prevailing party shall be entitled to all reasonable 'attorneys' fees and all costs necessary to enforce the decision of the arbitrator.
5. TERMINATION.
Either Party may terminate this Agreement at any time for any reason, with or without cause. If either Party wishes to terminate this Agreement, they may do so by providing ten (10) days written notice to the other Party in writing of their intent to terminate the Agreement. Additionally:
a. RAD specifically reserves the right to terminate this Agreement if the Participant violates any of the terms and provisions within the Agreement, outlined herein, including, but not limited to, violating the intellectual property rights of RAD as detailed under this Agreement, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
b. The Participant may also terminate this Agreement at any time by contacting RAD in writing and requesting termination.
c. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect; this includes all of the terms regarding the Refund Policy and Intellectual Property terms.
d. The Participant acknowledges their understanding and acceptance that if either Party terminates this Agreement, the Participant shall not be entitled to any refund under any circumstances.
6. MISCELLANEOUS PROVISIONS.
a. Force Majeure: If any cause beyond the reasonable control of RAD, including, without limitations, "acts of God", nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, labor strikes, civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or any other instances that make it inadvisable, illegal, or impossible for RAD to perform its responsibilities or obligations under this Agreement, shall excuse RAD and make RAD not be liable for a reasonable period of delay or for the inability to indefinitely fulfill RAD’s responsibilities and obligations.
b. No Assignment. This Agreement shall not be assigned, whether whole or in part, by either Party without the other Party's written consent. Any attempt by the Participant to assign this Agreement, and the rights and responsibilities afforded therein, shall render the Agreement null and void and immediately terminate this Agreement.
c. No Third-Party Beneficiaries. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or to give any person or entity, other than the Participant and RAD, any right, benefit, status as a third-party beneficiary, or remedy or claim under or by reason of this Agreement, or any covenant, condition, or stipulation of this Agreement.
d. Modifications and Amendments. This Agreement may only be supplemented, amended, modified, or revised in writing and if signed by RAD and the Participant.
e. Choice of Law and Venue. This Agreement shall be construed by and governed under the laws and regulations of the State of Florida. Any suit, action or other proceeding whatsoever relating to this Agreement shall be per the terms enumerated above under Section 5, Dispute Resolution, and/or, must be brought in the courts sitting in Florida, and the Parties accept the jurisdiction of such courts and waive any objections based on personal jurisdiction or venue.
f. Injunctive Relief. The Participant hereby acknowledges that, in light of the unique nature of the protections and provisions established and contained within this Agreement, RAD may suffer irreparable harm if the Participant were to breach any of the protections or provisions under this Agreement, and that monetary damages may be inadequate to compensate RAD for such a breach. Therefore, if the Participant were to breach any of the provisions of this Agreement, then RAD shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such provisions.
g. Severability. if any part of this Agreement shall be held to be unenforceable, invalid, or illegal, either legislatively or judicially, such provision will be severed from this Agreement and the rest of the Agreement shall remain in full force and effect.
h. Waiver. The failure of RAD to insist upon strict adherence to any term in this Agreement on any occasion shall not be considered a waiver nor shall it deprive RAD of the right after that to insist upon strict adherence to that term or any term of this Agreement.
i. Notice. All notices, requests, consents, and other communications hereunder between RAD and the Participant shall be deemed to be sufficient if contained in a written instrument that is either duly sent by first class, registered or certified mail, postage prepaid, return receipt requested, by messenger or overnight delivery service with receipted service to the other Party's mailing address or respective email address listed in the signature block below. Either Party may send Notice by email or other electronic communication, provided that they also comply with the above terms regarding Notice.
If the address or email address of either Party should change, both RAD and the Participant agree to provide notice, in writing of any such change to the other Party; email shall be deemed sufficient for Notice related to a change of a Party's email address.
j. Acceptance of the Terms of Service. The Participant shall agree to accept the Terms of Service.
k. Superseding Agreement. Both Parties agree that this Agreement supersedes, replaces and/or cancels all prior oral or written agreements, memoranda, correspondence or other communications between RAD and the Participant.
l. Entire Agreement. This Agreement constitutes the entire understanding and agreement between RAD and the Participant, and it cannot be changed or modified orally. This Agreement may only be supplemented, modified, or revised in writing and signed by RAD and the Participant.