PROGRAM AGREEMENT: By checking this box, I agree to the terms and conditions of the Brain Health Licensed Trainer Program.
Payment Terms: You authorize Amen University (the “Company“), to charge your credit card given for the Program Fees to be paid in full or as multiple payments, if you selected that option at checkout.
STANDARD TERMS AND CONDITIONS
THIS AGREEMENT is entered into by and between Amen University (the “Company”) with offices at 3150 Bristol Street, Suite 400, Costa Mesa, CA 92626 and, You, the participant named on this agreement’s final signature line. The Company and Participant are sometimes collectively referred to as the “Parties” or individually as a “Party.”
You agree to using the materials and programs as developed by the Company (singularly and collectively, the “Program“). The training, products and programs used in the Program are collectively referred to as the “Program Materials.” You are committed to be trained to provide brain health, coaching and/or teaching services and will be provided with a license to teach: (i) five (5) programs developed by Dr. Daniel G. Amen that are entitled (1) Brain Fit for Work and Life, (2) Brain Thrive by 25, (3) Brain Warriors Way, (4) Memory Rescue, (5) Overcoming Anxiety, Depression, Trauma, and Grief. We reserve the right to withhold bonuses or deliverables until you are paid in full. This Program Fee covers your training and initial certification exam fee. If you pass the Certification Exam, it will also cover your first year of Certification, up to 364 days after you purchased enrollment in the training Program.
Training Timeline: You have until 11:59 PM Pacific Time on April 30, 2024 to earn your Certification, by using the program materials and passing your Official Exam. If you have not passed your official Exam by May 1, 2024, we’ll extend a special discount for 365 days from the date of your initial enrollment to upgrade to an enrollment in the Elite Brain Health Certification Training program. Just pay the difference between the market rate and what you invested for your current enrollment. Upon starting your new Elite Brain Health Certification enrollment, if you want to immediately take the Elite exam, we will waive your requirement to complete all the Elite Brain Health Training content. Once enrolled in an Elite Brain Health Training program, you will have an additional 365 days to enjoy the new course and take the official exam to earn your Elite Brain Health Coaching Certification. If you do not pass your initial certification exam, you may re-take the exam again within a year of your acceptance into the Program at an additional fee of $150.00 per sitting. If you do not earn your initial certification within the one-year period since enrolling in either training program, you will not be certified. If you fail to get certified within one year, you may re-take the Program and exam again. You will also need to pay the full Program Fee again if you re-take the Program.
Renewal costs: When you’ve earned your Certification, all associated assets and privileges are good for one year from the day you passed your Certification Exam. To continue your program assets and privileges after day 365, you’ll need to keep your certification In Good Standing by (1) passing the renewal exam and (2) paying your renewal dues of $247.00 per year. Both of these tasks must be completed before the anniversary of your initial certification, which appears as the date on your official certificate. Renewal and exam fees are subject to change at our discretion. We have the right to revoke certification at any time for reasons we deem appropriate. If we de-certify you, you are entitled to no refund of your training, exam nor renewal fees.
Upon passing the Official Exam, you will be considered Certified and can refer to yourself as a Dr. Amen Brain Health Licensed Trainer, subject to the terms of this Agreement. You are not permitted to alter this title or include any association with The Amen Clinics. Doing so may be deemed misrepresentation and result in immediate de-certification.
STATEMENT OF AGREEMENT
In consideration for the mutual promises, covenants, and obligations set forth herein, the Parties agree as follows:
Training and Products Provided.a. Upon successfully passing the Official Exam, you will be a Licensed Dr. Amen Brain Health Licensed Trainer. The Program Materials will be provided to you in the form of online training platform login credentials, to the email address you entered when you purchased enrollment in this program. b. You may not download, copy, screen share, record, distribute, or in any way remove or share the teaching content and intellectual property without prior written consent of the Company. The teaching content includes any recorded calls or video posted to the Resource Website featuring any of the faculty, (including, but not limited to, Dr. Daniel G. Amen), any employee or sub-contractor working in association with the Program, or any person who identifies themselves as a stand-in or substitute teacher or trainer. Approved branded promotional materials will be identified as such and may be downloaded and used within the terms of this Agreement. If you are unsure of use and access rights, it’s your responsibility to request clarification prior to attempting to download, copy, screen share, record, distribute, or in any way remove or share the teaching content and intellectual property by emailing [email protected].c. You acknowledge the information contained in the Program Materials and as a part of the Program this does not make you a medical professional authorized to give medical advice and you agree not to provide medical advice to clients based upon the Program. Further, the Program is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You and your clients should always seek the advice of a physician or other qualified health care provider with any questions regarding a medical condition or treatment, and never disregard professional medical advice or delay in seeking it because of something you learned as a part of the Program. You agree to advise any client seeking medical advice in connection with the Program to consult with a medical professional.
License to Use the Program.a. The Company grants you a limited, non-exclusive, non-assignable, non-transferable, and revocable license (without the right to grant sublicenses) to use the Program, including any workbooks, teaching Guides, coaching manuals, scripts and PowerPoint presentations provided by the Company for the live speaking, teaching and coaching of your clients while your Official Certification is In Good Standing. You are not authorized to certify any person or entity as a Dr. Amen Brain Health Licensed Trainer or any other similar certification using the names of Dr. Daniel G. Amen. Further, the videos or coach-training materials provided within the course are not for showing to clients. You may not create products or marketing materials such as podcasts, videos, books, webinars, DVDs, CDs or the like using the Program Materials for the content or the basis of the content of other products or materials regardless of whether the products or materials are offered for sale, without the prior written approval of the Company. The license granted to you is conditioned upon your compliance with all of the terms and conditions of this Agreement and the rules and policies developed by the Company from time to time for the Program and use of the Program Marks (as defined in Section 4 hereof) and the Program Materials.
b. You acknowledge that the Program Materials are the exclusive property of Daniel G. Amen (the “IP Owner“) and protected by copyright, trademark and other intellectual property laws, both domestic and international. Nothing in this Agreement will be construed as transferring, assigning, or conveying any ownership or proprietary rights to the Program Materials from the IP Owner to you or any other person or entity. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portion of the Program Materials. You will not duplicate, modify, distribute, or otherwise use the Program Materials in any format other than the format in which they were provided to you without the prior written consent of the Company. When using any IP, you agree to give credit to Dr. Daniel Amen.
c. You have the right to use the Program Materials only as specifically set forth in this Agreement. You do not have the right to use the Program Materials or any other copyright, trademark, trade name, or other intellectual property asset of the IP Owners for other purposes including the following technical uses: (i) creating an archive; (ii) using in a searchable, machine-readable database; (iii) modifying; reverse engineering; decompiling; storing; copying; reproducing; distributing; (iv) creating derivative works (as defined in the U.S. Copyright Law, 17 U.S.C. Section 101 seq.); (v) adapting or incorporating into other Program Materials, products, programs or services; or (vi) selling; sublicensing; leasing; time-sharing; publishing, advertising, promoting or broadcasting, without the prior written consent of the Company.
You agree not to loan, transfer, convey, lease or sell any of the Program Materials or resources to any third party without the prior written consent of the Company. A “third party” means any person or entity other than you.
Trademark. You are permitted to promote your affiliation with the Program solely for purposes of promoting your abilities as a coach, teacher and speaker of brain health as a part of any biographical description of yourself, using the following description: “(Your name) is a Licensed Dr. Daniel Amen Brain Health Trainer.” You may not alter the logo in color, text or design in any way. Upon prior written approval of the Company, you may use the marks provided by the Company from time to time (collectively, the “Program Marks“). Notwithstanding the foregoing, no approval is required for your use of materials using the Program Marks provided by the Company. The Program Marks may be used only in a manner and to the extent specifically authorized by the Company. The Company specifically prohibits the use of the Program Marks or any variation of the Program Marks in any Internet Domain Name, URL, social media name or other identifier or e-mail address, except those provided by the Company. The Company reserves the right to obtain the transfer of any unauthorized domain name upon request and without reimbursement. You acknowledge no right or license to use the name or likeness of Dr. Amen or any derivatives thereof except as specifically provided in this Agreement or as otherwise may be granted in writing by the Company or the IP Owners. We have the right to ask them to remove any copy or imagery associated with the training program that we deem to be a violation of the agreement.
Paid Promotions. You agree not to bid on any of the Company’s trademark or brand terms and not to use or produce paid advertising campaigns that include the Company’s brand, likeness, or IP. Please review the list of terms included in Exhibit A.
Refund. You’re entitled to a refund of the Total Program Fee paid only if: (a) you provide a written request within thirty (30) days after your initial program enrollment purchase date. Notification will be deemed to have been received by the Company if sent to and acknowledged back by the Administrator at [email protected]. If you receive any form of refund, your ability to use the Program Materials and to describe yourself as a Licensed Dr. Amen Brain Health Trainer will be automatically revoked. Except as provided above, the Total Program Fee or any portion paid thereof which has been paid is non-refundable. Any notices pursuant to this Section shall only be deemed to have been received by the Company if sent to and acknowledged back by the Administrator at [email protected].
Relationship of Parties. You acknowledge having no direct relationship with Dr. Daniel G. Amen, or any member of the IP Group (the “Company Group“). It is the express intention of the Parties that you are not a legal employee, agent, joint venturer, franchisee or partner of the Company or any member of the Company Group. Nothing in this Agreement shall be interpreted or construed as creating or establishing an employment relationship, franchise or agency between you and the Company or any member of the Company Group. You will have no authority to act on or enter any contract or understanding, incur any liability or make any representation on behalf of the Company or any member of the Company Group.
Quality Control. At any time during the term of this Agreement, the Company shall have the right to inspect, audit, and listen to your use of the Program Materials in speaking, coaching or teaching (without any fee or cost imposed by you) to determine: (a) the quality of the delivery or presentation; (b) the appropriate use of the license granted in this Agreement; and (c) your adherence and compliance with the terms and conditions of this Agreement. The Company will provide you with reasonable notice of its intent to exercise this right and will attempt to use methods or means least burdensome to you and your clients in exercising this right. You will not use the Program Materials or Program Marks in a manner which is deemed, in the sole discretion of the Company, to be detrimental to the good reputations of the Program, the Company, or any member of the Company Group.
Confidential Information. In carrying out the terms of this Agreement, the Parties may need to disclose confidential or proprietary information to one another. Each of the Parties agrees to protect and preserve all confidential information of one another and not to disclose it to parties who are not part of this Agreement without the written consent of the other Party.
Non-Solicitation of Other Participants; No Self-Promotion. You hereby acknowledge and agree not to solicit other participants in the Training for the provision of goods or services, regardless of whether the goods and services are being provided for compensation, without the prior written consent of the Company. You will not engage in self-promotion in any forum created by the Company for the use by participants in the Training, unless specifically asked to do so, in writing, by a representative of The Program. In addition, you will immediately shut down any forum, blog, podcast, or social media website, regardless of what it may be named or called (e.g., “Brain Health”), upon written notice from us stating that we consider it to be in competition to The Program or creating implied association with The Program or its IP.
Termination.a. The certification and other rights granted to you pursuant to Agreement are subject to termination, at the Company’s sole discretion, by providing written notice to you. Upon breach of any term or condition of this Agreement, this Agreement will be immediately terminated upon written notice by the Company to you.b. The Company shall be permitted to terminate the rights granted to you pursuant to this Agreement if the commercial value of the Program, the Company, or any member of the Company Group is impaired by reason of the alleged commission by you of any act that is an offense involving moral turpitude under federal, state or local laws or which tends to shock, insult or offend the community or ridicule public morals and decency. In addition, the Company may terminate the license and all rights granted if you take any action which is disruptive to the other participants’ enjoyment of (i) any training event telephonic or otherwise, or (ii) any social media or training platform that is part of the Training.c. Upon termination of this Agreement, you will lose access to and have no right to use the Program Materials or the Program Marks or represent himself or herself as a Dr. Amen Brain Health Trainer, except with Company’s express written consent and instructions; provided that you continue to be bound by your obligations hereunder, including, without limitation, obligations under this Agreement that survive the termination of this Agreement.
Indemnification. You indemnify, hold harmless and will defend the Company, and all members of the Company Group, and any of their respective affiliates, officers, directors, employees, representatives, agents, instructors, vendors and independent contractors of the above (collectively, the “Indemnified Parties“) from and against any and all claims, demands, lawsuits, actions, proceedings, liabilities, losses, damages, fees, costs and expenses (including reasonable attorneys’ fees and costs of investigation) resulting from or arising out of: (i) your offering and delivery/presentation of any Program Materials; and (ii) your actions or inactions in violation of this Agreement or applicable law.
Infringement. If you learn that any third party is making any unauthorized use of the Program Materials, the Program Marks or any other copyright, trademark, or intellectual property right of IP Owners, you agree to promptly notify the Company in the most expeditious means possible, followed by written notice, of any alleged unauthorized use and all other facts known to you. You agree not to make any demands or claims, bring suit, effect any settlements, or take any other action against that party without the prior written consent from the owner of the applicable Program Materials and/or Program Marks. You agree to reasonably cooperate with the IP Owners, at no out-of-pocket expense to you, in connection with any action taken by the IP Owners to investigate or terminate the infringement.
Warranties.a. You acknowledge and agree that you are not guaranteed to achieve any specific health, personal relationships, financial or other results or earn any specific amount of income or reach any particular goal by participating in the Program or by becoming licensed. The information provided as part of the Training is provided for your use, at your own risk and you are solely responsible for any decisions and actions that result. You do not provide medical, psychological, legal, investment or financial advice. You acknowledge and warrant that if under the care of a physician or other health care professional that the trainings and programs provided herewith do not violate or otherwise conflict with the advice of your professional care provider.b. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE TRAINING AND PROGRAM MATERIALS ARE PROVIDED “AS IS”. the COMPANY IS NOT LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING LOST PROFITS OR LOSSES OF REVENUE) ARISING FROM YOUR OFFERING AND DELIVERY OR PRESENTATION OF THE PROGRAMS, EVEN IF COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE DAMAGES. FURTHER, COMPANY’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT PURSUANT TO ANY LEGAL THEORY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY IN TORT, WILL NOT EXCEED ANY AMOUNTS CUMULATIVELY PAID BY YOU TO THE COMPANY PURSUANT TO THIS AGREEMENT.
Assignment. This Agreement shall be assignable by the Company and inure to the benefit of the Company’s successors and assigns. This Agreement shall not be assignable or transferable in whole or in part by you, by operation of law or otherwise, except with the prior written consent of the Company and approval of the assignee.
Governing Law – Class Action Waiver. This Agreement is governed by, and construed in accordance with, the laws of the State of California, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right to participate as a representative or member of any group or class of claimants in any class action against the Company, or any of their affiliated entities, now or hereafter pending relating to transactions contemplated by this Agreement or similar transactions.
Informal Dispute Resolution. In the event of any dispute involving this Agreement, the parties will attempt in good faith to meet in person or virtually to discuss and resolve the dispute. The Company will decide the location of the meeting. At the meeting, each Party will be represented by a person authorized to conclusively resolve the dispute on that Party’s behalf and to bind that Party to any agreed-upon resolution. Each Party must detail what it believes to be the nature of the dispute including the facts and the provisions in this Agreement on which the dispute is based and how the dispute may be satisfactorily resolved. Discussions and exchanges of information and materials, if any, are confidential and must be treated as part of compromise and settlement negotiations for purposes of applicable rules of evidence. If the Parties resolve the dispute at the meeting, they shall immediately formalize that resolution by an agreement that they both sign at the time. This step must occur before either Party can file a request for mediation. Any Party that fails to attend or participate in the meeting, within thirty (30) days of written request, may not begin any mediation under Section 16 to resolve the dispute. If the parties cannot informally resolve the dispute, the Party seeking formal resolution of the dispute must, before he, she or it may commence or initiate a legal or administrative proceeding relating to the dispute, submit the dispute to nonbinding mediation as described in Section 16.
Mediation. If the Parties have failed to resolve the dispute under Section 15, the disputing Party must submit the dispute to non-binding mediation with the non-disputing Party before the American Arbitration Association or another mutually agreeable mediator. Mediation must take place before the disputing Party can file any demand for arbitration or complaint. Both Parties will sign a confidentiality agreement reasonably satisfactory to both parties. The Parties will conduct the mediation in Costa Mesa, CA. Each Party will bear his, her or its own costs for the mediation and each Party will pay fifty percent (50%) of the mediator’s fee. If a disputing Party refuses to mediate the dispute, the disputing Party cannot file any demand for arbitration or complaint involving the matter in dispute. If the non- disputing Party refuses to mediate, the non-disputing Party has waived mediation and the disputing Party may immediately file a demand for arbitration or a complaint.
Arbitration. In the event of any dispute involving this Agreement that is not resolved by the procedures resolved by the procedures outlined in Sections 15 and 16 hereof, then such dispute shall be, except as provided below, resolved by binding arbitration before the American Arbitration Association (“AAA“). Each Party will bear his, her or its own costs for the arbitration and each Party will pay fifty percent (50%) of the cost of the arbitration. One arbitrator will be selected using AAA procedures. The arbitrator will use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law, within thirty (30) days after the conclusion of the arbitration hearing. The arbitrator will not award attorneys’ fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties agree to waive and not seek these damages. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section, or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in Costa Mesa, CA. Both Parties give their irrevocable consent to the processes of the AAA in California, as well as the jurisdiction of the courts of Costa Mesa, CA for enforcement purposes. If a Party fails to pay their share of the costs of arbitration, the arbitrator may enter a judgment against that non-paying Party as to liability but not as to damages. The arbitrator will conduct a special hearing for the paying party on the issue of damages. Awards will be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with a state, federal or foreign court having jurisdiction over the Party against whom the award is rendered or his, her or its property, as a basis of judgment and of the issuance of execution for collection.
Severability and Survival. If any provision of this Agreement or part of the provision is determined to be illegal, invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions will survive and remain in full force and effect and will be interpreted to give effect to the intentions of the Parties as is possible. You acknowledge and agree that all of your obligations hereunder shall survive a termination of this Agreement.
Legal Age. By entering into this Agreement, you represent and acknowledge that you are of legal age in the country, state or province of your residency to enter into a contract that is binding.
Notices. Any notice, consent, demand or request required or permitted by this Agreement must be in writing, is effective upon receipt, and will be transmitted by: (a) personal delivery, (b) registered or certified U.S. mail, (c) overnight national courier service (Federal Express, UPS), or (d) by either facsimile transmission with confirmation of receipt or by e-mail with confirmation of both delivery and opening, together with a hard copy sent by regular U.S. Mail; addressed according to the addresses and other information appearing on the Commitment Form unless specifically directed otherwise within this Agreement.
Force Majeure. Neither Party is liable for loss or damage or is in breach of this Agreement, if the failure to perform his, her or its obligations is based solely from the following causes beyond his, her or its reasonable control: (a) transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material, or energy; (b) compliance with any applicable law; or (c) war, terrorism, pandemic, strikes, natural disaster or acts of God. Any delay resulting from any of these causes extends performance accordingly or excuses performance as may be reasonable, except that these causes do not excuse payments of amounts owed by you to the Company for any reason.
Waiver. A waiver by either Party of any term or condition of this Agreement in any instance is not deemed or construed as a waiver of the term or condition for the future, or of any subsequent breach of this Agreement. All remedies, rights, undertakings, obligations and agreements contained in this Agreement are cumulative and are not in limitation of any other remedy, right, undertaking or agreement of either Party set forth in this Agreement.
Photography, Video and Audio Release. You grant the Company permission to use your likeness in photographs, movie films, videotapes and/or audio recordings, or any part thereof taken while participating in the Training in all of its publications, for marketing and/or promotion, including website and social media entries, without payment or any other consideration. You understand and agree that these materials will become the property of the Company and will not be returned. You irrevocably authorize the Company to edit, alter, copy, exhibit, publish or distribute the photographs, movie films, videotapes and/or sound records, for purposes of publicizing the Program, or any member of the Company Group or for any other lawful purpose. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears and any right to royalties or other compensation arising or related to the use of the photograph, video or audio recording. You hold the Company harmless and releases and forever discharge the Company, and all members of the Company Group from all claims, demands, and causes of action which you may have by reason of this authorization.
Modifications. The Company may modify any of the terms and conditions contained in this Agreement, at any time and in the Company’s sole discretion, by posting a change notice or a new version of this Agreement on the Resource Website and you are bound by any changes immediately upon such posting. You are responsible for periodically reviewing the Resource Website for notice of changes to this Agreement. Your continued participation in the Training, including use of the Resource Website, the Program Materials, and/or use of the limited license granted under this Agreement after the posting of a change notice or a new version of this Agreement constitutes binding acceptance of the change. You are not entitled to any refund of any portion of the Total Program Fee except under the conditions described in Section 4 of this Agreement.
Third Parties. Nothing in this Agreement, whether express or implied, confers any rights or remedies under this Agreement on any person (including other certification candidates or coaches) other than the Parties and their respective personal representatives, other legal representatives, heirs, successors and permitted assigns. Nothing in this Agreement relieves or discharges the obligation or liability of any third person to any Party to this Agreement, nor does any provision give any third person any right of subrogation or action over or against any Party to this Agreement.
Interpretation. If you disagree with any part of this agreement, you may cancel your enrollment. Simply email [email protected] before starting your training and before day 30 of your enrollment date, for a full refund. After day 30 or after signing this agreement, you are not entitled to a refund but may terminate this agreement, along the terms outlined here. You will not, while this Agreement is effective or after its termination or expiration, claim or assert that any term of this Agreement or any of the other documents be construed against the Company.
Complete and Final Agreement. The Commitment Form and this Agreement constitutes the entire agreement between the Company and you with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous communications, proposals, or understandings, whether electronic, oral, or written.
If you understand and agree to the contract terms above, and have no further questions, please check the box and complete your enrollment checkout process.
BRAND TERM EXCLUSIONS
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