Terms and Conditions for Training Courses
(Travel Advisor Training by Marcie LLC)
The following constitute the terms and conditions (the “Terms and Conditions”) to which you (‘You”, “Your”, or “Client”) agree to be bound when booking any in-person training or e-learning courses with Travel Advisor Training by Marcie LLC (“Marcie”). If you do not have such authority, or if you do not agree with this Terms and Conditions, you must not accept this Terms and Conditions and may not use any documents, materials, or courses, whether printed or available online, provided by Marcie in relation with the training (collective, “Training Material”).
By accepting this Terms and Conditions, either by clicking a box indicating your acceptance or by executing a consulting agreement that references this Terms and Conditions (with a copy of this Terms and Conditions provided), or by using or accessing any Training Materials provided by Marcie, you agree to be bound by this Terms and Conditions.
Purchase. In-person training courses and online training courses can be purchased via www.thetraveladvisormarcie.com or via conversation with Marcie to determine a coaching program. When you submit a purchase request, Marcie will then confirm and approve your purchase request, invoice you through Stripe, together with information on starting your training if your request so accepted. You can also purchase the training course by paying your invoice in full or through the agreed upon payment method and monthly payment plan.
Payment. Training fees for the online courses can be paid when you book the courses via our website by credit card through a Stripe invoice.. In all cases, payment must be received prior to the provision of any training courses and Training Material and thereafter through the agreed payment plan. Please note that if you do not provide accurate information about your payment or if your credit card company does not authorize payment, your request will be deemed void. Marcie is not liable for any costs or expenses incurred as a result of a request deemed void in this manner.
Refund Policy. All coaching and course-related fees paid to Marcie are NON-REFUNDABLE.
Cancellation or Reschedule by Marcie. Marcie reserves the right to cancel or reschedule any in-person training courses. In the event of a cancellation by Marcie due to unforeseen circumstances, a prorated refund may be provided subject to the sole discretion of Marcie.
Client’s Obligations.
You agree to pay the training fees in full or via the agreed upon monthly payment plan at the time of enrollment and in compliance with this Terms and Conditions,
You acknowledge that the purchase of the training courses is for your personal use only and may not be shared, transferred, or resold to any third party,
You may use the training courses solely for educational purposes. Any unauthorized use, reproduction, or distribution of Training Material is strictly prohibited and may result in legal action,
You may be invited to provide feedback regarding your experience with the training courses. By submitting your feedback, you grant Marcie your permission to use and publish the feedback for promotional purposes,
For online training courses, You are responsible for ensuring that you have the necessary technical support, hardware, and software to access the courses,
You agree to be bound by Marcie’s refund and cancellation policies outlined in this Terms and Conditions.
License. Subject to these Terms and Conditions and providing that you have paid all training fee in full, Marcie grants you, and only you, a limited, non-exclusive, non-transferable, and revocable license to access the Training Material solely for educational purposes. Such license to access is considered “Lifetime” access or until the Termination of Marcie’s company due ot unforeseen circumstances (“Termination”). You must cease to access and use any Training Material provided by Marcie upon Termination and destroy all duplicates and copies from your system. Such license is not transferable at all times.
Ownership and Intellectual Property Rights. All Training Material (including the content, design, graphic, audio, and text), data, audiovisual content, files, documents, written information, or other content and information provided by Marcie to you shall at all times belong to Marcie. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all Training Material, documents, work product, and other materials shall be owned by Marcie. Provided that all training fees are paid in full, you are granted a non-exclusive, non-transferable, revocable license to access the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed, or linked to in any way, in whole or in part, without Marcie’s prior written consent. Any such use is strictly prohibited and will constitute an infringement of Marcie’s intellectual property rights.
Breach and Remedy. You agree that the restrictions contained in this Terms and Conditions are necessary for the protection of Marcie’s business and goodwill, and are considered by you and Marcie to be reasonable for such purposes. You agree that any breach or threatened breach of this Terms and Conditions is likely to cause Marcie substantial and irrevocable harm which is difficult to measure and money damages might not be a sufficient remedy. Therefore, in the event of any such breach or threatened breach, in addition to monetary damages and other remedies available at law, Marcie shall be entitled to any profit made by you in breaching this Terms and Conditions and to seek specific performance and injunctive relief and other equitable relief, including reasonable attorneys’ fees, as remedies, and you agree to waive any requirement for the securing or posting of any bond or the showing of actual monetary damages in connection with such claim.
Limitation of Liability. In no event shall Marcie or any of its members, managers, employees, agents, or representatives be liable to you or any third party for any loss of use, revenue, or profit or for any consequential, incidental, indirect, or punitive damages relating to the provision of training courses or the Training Material, regardless of whether such damages are foreseeable or whether Marcie has been advised of the possibility of such damages. Further, in no event shall Marcie’s aggregate liability arising out of or related to the training courses, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate amounts paid or payable to Marcie by you.
Indemnification. You should indemnify, defend, and hold harmless Marcie and its members, managers, employees, agents, or representatives (“Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or related to any third-party claim alleging (1) breach of the consulting agreement or this Terms and Conditions by you, (2) any bodily injury, death of any person or damage to real and tangible property caused by the negligent action or omission of you, and (3) failure by you to comply with any applicable law or regulation.
Confidentiality. Except as otherwise set forth in this Terms and Conditions, each party may disclose to the other party confidential information. “Confidential Information" is defined as all non-public, confidential, or proprietary information disclosed to each party (“Receiving Party”) by the disclosing party (“Disclosing Party”), whether disclosed orally or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential". Confidential Information also includes all code, inventions, know-how, technology, and any commercial terms of this Terms and Conditions. Except as expressly authorized by the Disclosing Party or required by applicable federal, state, or local law, the Receiving Party will (1) use reasonable efforts to prevent the disclosure of any Confidential Information to any third party; (2) protect and safeguard the confidentiality of all such Confidential Information; (3) not use the Confidential Information for any purpose other than the providing training contemplated by this Terms and Conditions; (4) promptly notify the Disclosing Party of any authorized disclosure of Confidential Information; and (5) fully cooperate with the Disclosing Party in any effort undertaken by the Disclosing Party to enforce its right related to any such unauthorized disclosure.
General Provisions.
Entire Agreement. This Terms and Conditions, including and together with any related exhibits, schedules, and attachments if any constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Assignment. While Client may not assign the right and obligation under this Terms and Conditions to any third party, Marcie may assign this Terms and Conditions to a third party, provided that such assignment shall not affect the provision of the agreed upon training courses and Marcie is not relieved from its covenants and obligations under this Terms and Conditions.
No Waiver. No waiver by any party of any of the provisions of this Terms and Conditions shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise any right or remedy arising from this Terms and Conditions shall be construed as a waiver of any other right and remedy.
Relationship of the Parties. Nothing contained in this Terms and Conditions shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have the authority to contract for or bind the other party in any manner whatsoever.
Survival. The provisions of this Terms and Conditions shall survive the termination of this Terms and Conditions to the extent necessary to effectuate the terms contained herein.
Dispute Resolution. In the event of any controversy or claim arising out of or relating to the Terms and Conditions, the parties hereto shall consult and negotiate with each other in good faith and attempt to reach a solution satisfactory to both parties.
Governing Law; Venue; Waiver of Jury Trial. This Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida (without giving effect to its laws of conflicts). The parties agree that any legal action or proceeding with respect to any of their respective obligations under this Terms and Conditions shall be brought exclusively in the County of Pasco, State of Florida. THE PARTIES HERETO HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS AND CONDITIONS.
Severability. If any provision of this Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Terms and Conditions will remain in full force and effect.
AGREED AND ACCEPTED BY:
MARCIE:
Travel Advisor Training by Marcie, LLC
A Florida limited liability company
By: Marcie J. Muensetrman
Name: Marcie J. Muensterman
Its: Manager
CLIENT: By selecting the purchase of the course, you are agreeing to, responsible for and subject to legal action for all above Terms and Conditions and it is considered a signature and agreement.
(Travel Advisor Training by Marcie LLC)
The following constitute the terms and conditions (the “Terms and Conditions”) to which you (‘You”, “Your”, or “Client”) agree to be bound when booking any in-person training or e-learning courses with Travel Advisor Training by Marcie LLC (“Marcie”). If you do not have such authority, or if you do not agree with this Terms and Conditions, you must not accept this Terms and Conditions and may not use any documents, materials, or courses, whether printed or available online, provided by Marcie in relation with the training (collective, “Training Material”).
By accepting this Terms and Conditions, either by clicking a box indicating your acceptance or by executing a consulting agreement that references this Terms and Conditions (with a copy of this Terms and Conditions provided), or by using or accessing any Training Materials provided by Marcie, you agree to be bound by this Terms and Conditions.
Purchase. In-person training courses and online training courses can be purchased via www.thetraveladvisormarcie.com or via conversation with Marcie to determine a coaching program. When you submit a purchase request, Marcie will then confirm and approve your purchase request, invoice you through Stripe, together with information on starting your training if your request so accepted. You can also purchase the training course by paying your invoice in full or through the agreed upon payment method and monthly payment plan.
Payment. Training fees for the online courses can be paid when you book the courses via our website by credit card through a Stripe invoice.. In all cases, payment must be received prior to the provision of any training courses and Training Material and thereafter through the agreed payment plan. Please note that if you do not provide accurate information about your payment or if your credit card company does not authorize payment, your request will be deemed void. Marcie is not liable for any costs or expenses incurred as a result of a request deemed void in this manner.
Refund Policy. All coaching and course-related fees paid to Marcie are NON-REFUNDABLE.
Cancellation or Reschedule by Marcie. Marcie reserves the right to cancel or reschedule any in-person training courses. In the event of a cancellation by Marcie due to unforeseen circumstances, a prorated refund may be provided subject to the sole discretion of Marcie.
Client’s Obligations.
You agree to pay the training fees in full or via the agreed upon monthly payment plan at the time of enrollment and in compliance with this Terms and Conditions,
You acknowledge that the purchase of the training courses is for your personal use only and may not be shared, transferred, or resold to any third party,
You may use the training courses solely for educational purposes. Any unauthorized use, reproduction, or distribution of Training Material is strictly prohibited and may result in legal action,
You may be invited to provide feedback regarding your experience with the training courses. By submitting your feedback, you grant Marcie your permission to use and publish the feedback for promotional purposes,
For online training courses, You are responsible for ensuring that you have the necessary technical support, hardware, and software to access the courses,
You agree to be bound by Marcie’s refund and cancellation policies outlined in this Terms and Conditions.
License. Subject to these Terms and Conditions and providing that you have paid all training fee in full, Marcie grants you, and only you, a limited, non-exclusive, non-transferable, and revocable license to access the Training Material solely for educational purposes. Such license to access is considered “Lifetime” access or until the Termination of Marcie’s company due ot unforeseen circumstances (“Termination”). You must cease to access and use any Training Material provided by Marcie upon Termination and destroy all duplicates and copies from your system. Such license is not transferable at all times.
Ownership and Intellectual Property Rights. All Training Material (including the content, design, graphic, audio, and text), data, audiovisual content, files, documents, written information, or other content and information provided by Marcie to you shall at all times belong to Marcie. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all Training Material, documents, work product, and other materials shall be owned by Marcie. Provided that all training fees are paid in full, you are granted a non-exclusive, non-transferable, revocable license to access the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed, or linked to in any way, in whole or in part, without Marcie’s prior written consent. Any such use is strictly prohibited and will constitute an infringement of Marcie’s intellectual property rights.
Breach and Remedy. You agree that the restrictions contained in this Terms and Conditions are necessary for the protection of Marcie’s business and goodwill, and are considered by you and Marcie to be reasonable for such purposes. You agree that any breach or threatened breach of this Terms and Conditions is likely to cause Marcie substantial and irrevocable harm which is difficult to measure and money damages might not be a sufficient remedy. Therefore, in the event of any such breach or threatened breach, in addition to monetary damages and other remedies available at law, Marcie shall be entitled to any profit made by you in breaching this Terms and Conditions and to seek specific performance and injunctive relief and other equitable relief, including reasonable attorneys’ fees, as remedies, and you agree to waive any requirement for the securing or posting of any bond or the showing of actual monetary damages in connection with such claim.
Limitation of Liability. In no event shall Marcie or any of its members, managers, employees, agents, or representatives be liable to you or any third party for any loss of use, revenue, or profit or for any consequential, incidental, indirect, or punitive damages relating to the provision of training courses or the Training Material, regardless of whether such damages are foreseeable or whether Marcie has been advised of the possibility of such damages. Further, in no event shall Marcie’s aggregate liability arising out of or related to the training courses, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate amounts paid or payable to Marcie by you.
Indemnification. You should indemnify, defend, and hold harmless Marcie and its members, managers, employees, agents, or representatives (“Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or related to any third-party claim alleging (1) breach of the consulting agreement or this Terms and Conditions by you, (2) any bodily injury, death of any person or damage to real and tangible property caused by the negligent action or omission of you, and (3) failure by you to comply with any applicable law or regulation.
Confidentiality. Except as otherwise set forth in this Terms and Conditions, each party may disclose to the other party confidential information. “Confidential Information" is defined as all non-public, confidential, or proprietary information disclosed to each party (“Receiving Party”) by the disclosing party (“Disclosing Party”), whether disclosed orally or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential". Confidential Information also includes all code, inventions, know-how, technology, and any commercial terms of this Terms and Conditions. Except as expressly authorized by the Disclosing Party or required by applicable federal, state, or local law, the Receiving Party will (1) use reasonable efforts to prevent the disclosure of any Confidential Information to any third party; (2) protect and safeguard the confidentiality of all such Confidential Information; (3) not use the Confidential Information for any purpose other than the providing training contemplated by this Terms and Conditions; (4) promptly notify the Disclosing Party of any authorized disclosure of Confidential Information; and (5) fully cooperate with the Disclosing Party in any effort undertaken by the Disclosing Party to enforce its right related to any such unauthorized disclosure.
General Provisions.
Entire Agreement. This Terms and Conditions, including and together with any related exhibits, schedules, and attachments if any constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Assignment. While Client may not assign the right and obligation under this Terms and Conditions to any third party, Marcie may assign this Terms and Conditions to a third party, provided that such assignment shall not affect the provision of the agreed upon training courses and Marcie is not relieved from its covenants and obligations under this Terms and Conditions.
No Waiver. No waiver by any party of any of the provisions of this Terms and Conditions shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise any right or remedy arising from this Terms and Conditions shall be construed as a waiver of any other right and remedy.
Relationship of the Parties. Nothing contained in this Terms and Conditions shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have the authority to contract for or bind the other party in any manner whatsoever.
Survival. The provisions of this Terms and Conditions shall survive the termination of this Terms and Conditions to the extent necessary to effectuate the terms contained herein.
Dispute Resolution. In the event of any controversy or claim arising out of or relating to the Terms and Conditions, the parties hereto shall consult and negotiate with each other in good faith and attempt to reach a solution satisfactory to both parties.
Governing Law; Venue; Waiver of Jury Trial. This Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida (without giving effect to its laws of conflicts). The parties agree that any legal action or proceeding with respect to any of their respective obligations under this Terms and Conditions shall be brought exclusively in the County of Pasco, State of Florida. THE PARTIES HERETO HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS AND CONDITIONS.
Severability. If any provision of this Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Terms and Conditions will remain in full force and effect.
AGREED AND ACCEPTED BY:
MARCIE:
Travel Advisor Training by Marcie, LLC
A Florida limited liability company
By: Marcie J. Muensetrman
Name: Marcie J. Muensterman
Its: Manager
CLIENT: By selecting the purchase of the course, you are agreeing to, responsible for and subject to legal action for all above Terms and Conditions and it is considered a signature and agreement.
