Terms - Flightess Mentorship Training Agreement

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you (hereinafter referred to as "Trainee") signify your consent to these terms of use from Jamie Gibson, Founder of Flightess Mentorship Program (hereinafter referred to as "School"). If you do not agree to these Terms of Use, please do not use the website.

1. SERVICES PROVIDED BY SCHOOL. Upon payment of the tuition and fees set forth in Section 4A below, School agrees to provide the following services to Trainee: 

 

A. Conduct an 8 week online course (“Program”) to assist Trainee to be able to enhance and establish a career as a Corporate Flight Attendant. During the Program, School will give access to the program through the portal of Kajabi, in addition to bi-monthly group zoom calls and two 1-1 calls between Jamie “School” and trainees

 

2. MATERIALS AND LICENSING PROVIDED BY SCHOOL.

 

A. Upon School’s receipt of the tuition referred to in Section 4A below, Trainee shall receive login credentials and planned dates for zoom calls: 

 

3. LICENSE TO PROGRAM MATERIALS AND REPRINT MATERIALS AND LIMITATIONS ON USE. 

 

A. LICENSE AND LIMITATIONS ON USE OF PROGRAM MATERIALS 

 

(i) Trainee acknowledges and agrees that any Program Materials that are provided or made available to Trainee for use are owned by the School and protected by copyright and trademark laws and the terms of this Agreement, in addition to any license terms that may accompany the Program Materials. School shall, at all times during the 3 continuance of this Agreement and after the term or termination hereof, retain full and complete title to and sole and exclusive ownership of the Program Materials and any deliverables, modifications, addendums or the like thereto. Subject to the terms of this Agreement, School hereby denies Trainee to use the Flightess Program Materials for its own internal use and to teach etiquette, protocol, and dining to individuals. No portion of the Program Materials may be reproduced, published or provided to the Trainee’s “students”. 

(ii) Trainee may not reproduce or publish any portion of the Program Materials or make any backup copy. 

 

(iii) The rights and licenses granted herein to Trainee relative to the Program Materials are personal in nature and are neither transferable nor assignable without the prior written consent of School. 

 

(iv) Specific prohibitions relating to the Program Materials include but are not limited to the following: (1) Trainees are not allowed to reproduce, license, sublicense, sell, modify, change or make derivative works, as defined in the US Copyright Act (17 USC Section 101 et. seq.), of the Program Materials. Trainee or organization representative shall not use the Program Materials in or as the basis of a film, video, television, internet or radio program, audio cassette, CD-ROM, DVD, article, story, card, pamphlet, book, or any written published or unpublished work.

 

 (v) Trainee has no right to sublicense or permit others to use Program Materials. If Trainee is sponsored or hired to teach, he must notify the employer or sponsor that the Program Materials are owned by the School and that the School has personally licensed Trainee to use the Program Materials, but that the license does not extend to the employer or sponsor.

 

 

B. LICENSE AND LIMITATIONS ON USE OF REPRINT MATERIALS

 

 (i) Trainee acknowledges and agrees that any Program Materials that are provided or made available to Trainee for use are owned by the School and protected by copyright and trademark laws and the terms of this Agreement, in addition to any license terms that may accompany the Program Materials. School shall, at all times during the 4 continuance of this Agreement and after the term or termination hereof, retain full and complete title to and sole and exclusive ownership of the Program Materials. 

 

 

C. GENERAL RESTRICTIONS AS TO BOTH PROGRAM MATERIALS AND REPRINT MATERIALS

 

 (i) Trainee shall not sell, loan, lease, store in an information and/or retrieval system, transmit, adapt, or translate to another language any Program Materials or Reprint Materials and shall not permit or sublicense others to do so. Notwithstanding anything to the contrary, Trainee may not: a) remove any proprietary, copyright or trademark notices or legends from the Program Materials or Reprint Materials; b) cause, permit or authorize the modification, creation of derivative works, translation or unauthorized use of the Program Materials or Reprint Materials; c)sell, assign, rent, lease, act as an on-line education or seminar service, or grant rights in the Program Materials or Reprint Materials, including, without limitation, through sublicense, to any other entity without the prior written consent of School, which School may refuse in its sole discretion; d) export or re-export the Program Materials or Reprint Materials, except as authorized in writing by School; e) use the Program Materials or Reprint Materials for any commercial purpose or the benefit of any third party or charge any person for the use of the Program Materials or Reprint Materials, unless that third party is a tuition-paying student and attendee of a live, in-person training session of Trainee and that Trainee’s student receives no portion of the Program Materials and not more than one (1) copy of the Reprint Materials and the student has agreed to terms of use approved in advance by School; or f) use the Program Materials or Reprint Materials to, or in any way that would violate any applicable law, regulation or ordinance;g) use the Program Materials or Reprint Materials in any manner that competes directly or indirectly against School, unless approved otherwise in writing by School;h) use the Program Materials or Reprint Materials to train and certify others to teach etiquette, protocol, plating or corporate flight attendant course content; or i) permit others to present, use, or teach any seminar or program using all or any part of the Program Materials or Reprint Materials in any format (i.e., classroom, on-line, or instructional video). (ii) Trainee acknowledges that Flightess® is a registered trademark and no authorization is given to use Flightess ® or any other trademarks of School, except when providing credit and except insofar as the mark appears on Trainee's Certificate of Training and on Reprint Materials, which Trainee is authorized to reprint pursuant to this Agreement. (v) Non-Competition. Trainee shall not, for a period of three (3) years after the termination of this Agreement and any renewals thereof, engage or compete, directly or indirectly, or through any corporations or associates in any etiquette, protocol, and corporate flight attendant business identical or substantially similar to that of School. (vi) Unless the prior written consent of School is obtained, Trainee shall not use any trademark or trade name of School except to the extent such trademark or trade name is reproduced when Trainee exercises the license to copy the Reprint Materials in which case Trainee must reproduce all trademarks and copyright notices on the Reprint Materials. (vii) The only relationship between School and Trainee which is intended to be created by this Agreement is that of licensor and licensee. Trainee shall not be nor represent itself to be, an agent, employee, partner or joint venturer,sponsored by, or affiliate of the School, nor shall Trainee transact any business in the name of School, nor on School's behalf, nor in any manner or form make promises, representations or warranties or incur any liability, direct or indirect, contingent or fixed, for or on behalf of the School. Trainee has no right to sublicense or permit others to use Program Materials.

 

If Trainee is sponsored or hired to teach, he must notify the employer or sponsor that the Program Materials are owned by the School and that the School has personally licensed Trainee to use the Program Materials, but that the license does not extend to the employer or sponsor. 

 

 

4. LICENSE AND TUITION FEES, CANCELLATION, WITHDRAWAL AND/OR TRANSFER Course Tuition and Additional Fees Schedule Amount Procedure $1,479 (U.S.D.) Course Tuition/Training Fee 

 

A. LICENSE AND TUITION & FEES Trainee agrees to pay School a training and license fee of $1,479, which shall be paid upon registration for the Training Program. Enrolled Trainee agrees to complete payment of tuition (as listed in this Agreement) prior to commencing instruction. Trainee acknowledges receipt of this Agreement and agrees to all tuition payment obligations. Failure to complete payment will result in the discontinuation of your enrollment. 

 

B. IF YOUR PLANS CHANGE We understand that sometimes your preparation plans may change and that you may not be able to attend the Program on the scheduled dates. You may attend the same course one time within one year of your original start date for a registration transfer fee of $100.00 (U.S.D.). If circumstances beyond your control such as illness or family related issues arise during your training and you are unable to complete your course as originally enrolled, School will allow you to return to another scheduled course to finish only the days/calls missed. For all other changes in plans, School offers the following refunds set forth in Sections 4(C) – 4(E):

 

C. CANCELLATION (PRIOR TO START OF PROGRAM) At any time prior to the start of the Program, Trainee may withdraw his or her attendance and receive 100% of all tuition fees, less a $100.00 (U.S.D.) registration fee. School will accept cancellation requests verbally or in writing. A refund will be issued in accordance with the following Refund Policy: (i) In the event a third party paid your tuition, any refund due will be issued to that third party. (ii) If a demonstrated personal emergency interferes with your course of study, you can postpone your enrollment once, for up to one year from your initial course start date, at the sole discretion of the School. A written request detailing the basis for the emergency shall also be provided at the time of the request. (iii) All refunds will be made within forty-five (45) calendar days of the first scheduled day of class or the date of cancellation, whichever is earlier. (iv) In the event Trainee applies and pays fees to attend a Program, but is later rejected by School, which School may do in its sole discretion, then School agrees to refund the applicant all monies paid by the applicant within a reasonable period of time. (v) If School cancels or is unable to present a program subsequent to a Trainee’s enrollment, School will refund all monies paid by the Trainee within a reasonable time after cancellation. 

 

D. WITHDRAWAL PROCEDURE (AFTER START OF PROGRAM) 

 

(i) A student choosing to withdraw from the School after the commencement of class is to provide verbal or written notice to the Director of the School, Jamie Gibson. The notice must include the expected last date of attendance by the student. (ii) If special circumstances arise, a Trainee may request, in writing, a leave of absence, which should include the date the Trainee anticipates the leave beginning and ending. The withdrawal date will be the date the Trainee is scheduled to return from the leave of absence but fails to do so. (iii) All refunds due will be made within forty-five (45) calendar days of the first scheduled day of class or the date of cancellation, whichever is earlier. Proportion of Total Program Taught by Withdrawal Date Tuition Refund Less than 25% 75% of program cost 25% up to but less than 50% 50% of program cost 50% up to but less than 75% 25% of program cost 75% or more No Refund 

 

E. TRANSFER POLICY 

 

If the Trainee wishes to transfer to another future Training Program within the same year, a request must be submitted in writing along with a registration transfer fee of $100.00 (U.S.D.), to cover administrative fees. A transfer to any future training within the same year applies only to the specific training in which you are enrolled. The Trainee has until five (5) weeks prior to the subsequent training dates to transfer, after which time the Trainee forfeits the tuition fee or any paid portion thereof. 

 

5. TERMINATION 

 

This Agreement shall expire on the fifth-year anniversary date hereof, unless Trainee enters into a Renewal Agreement referred to in Sections 3(A)(i) and 3(B)(i), in which case the Agreement shall continue for the term of the Renewal Agreement. In the event Trainee should breach the terms and conditions of this Agreement or the Renewal Agreement, the rights, authorizations, and licenses granted herein shall immediately terminate. Upon such termination of this Agreement or the Renewal Agreement or upon School’s request, Trainee shall immediately return to School all Program Materials and Reprint Materials, and all copies of the Reprint Materials in Trainee's possession or control. For example, Trainee must return all hard copies and electronic copies on any electronic media, such as compact discs, flash drives, cloud storage drives and the like. In the event School must engage an attorney to address Trainee’s breach or to enforce School’s rights under this Agreement, it shall be entitled to recover reasonable attorneys' fees. School may, in its sole and exclusive discretion, elect not to enter into any Renewal Agreement with Trainee in which case the Agreement shall terminate at the end of the original term or term of any Renewal Agreement then in force.

 

6. NON-ASSIGNABILITY 

 

A. This Agreement is exclusive to Trainee and Trainee shall not sell, assign, or sublicense any of the rights, authorizations or permissions granted herein.

 

7. DISCLAIMER OF WARRANTY AND INDEMNIFICATION 9 A. DISCLAIMER OF WARRANTIES 

(i) School does not and cannot warrant the performance or results trainee may obtain by using the program materials or reprint materials or by attending the training program. (ii) The program materials and reprint materials and services provided are all provided on an "as is" and "as available" basis and the trainee assumes all risk associated with the use thereof. School expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. (iii) School reserves the right to cancel or make changes or updates to the program materials or reprint materials and training program at any time and without notice or liability to trainee. (iv) Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to Trainee. B. INDEMNIFICATION (i) Trainee does hereby agree to indemnify, defend and save harmless School from any and all liability to third parties, as well as School’s cost of litigation (including without limitation School’s attorney fees), resulting from any breach of this Agreement or any Renewal Agreement or any misuse, alteration, plagiarism, or unauthorized use or dissemination by Trainee of the Program Materials or Reprint Materials. 

 

8. LIMITATION OF LIABILITY 

(i) In no event shall school be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, incurred by trainee or any third party, whether in an action in contract or tort, arising from trainee’s access to, or use of, the program materials or reprint materials. (ii) Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, the above limitation may not apply to Trainee, in which case School’s entire liability and Trainee’s sole remedy shall be a refund of the tuition paid by Trainee. 

 

9. ENTIRE AGREEMENT 

This Agreement constitutes the full and entire understanding between Trainee and School and supersedes all prior written or oral Agreements made with respect to the subject matter of this Agreement. No modification or cancellation of any term or condition of this Agreement shall be effective unless signed in writing by both parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and permitted assigns. 

 

10. JURISDICTION, VENUE AND DISPUTE 

 

Disputes under this Agreement shall be resolved under the laws of the state of Maryland. Any litigation arising out of this Agreement shall be brought in the state or federal courts located in Annapolis Maryland, and Trainee hereby consents to jurisdiction and venue of such courts.

 

1. NOTICES 

 

All notices to be given and all payments to be made under this Agreement shall be given or made in writing by Certified Mail or courier to the respective addresses of the Trainee and School.