TERMS AND CONDITIONS OF MEMPHIS BEECH COACHING, LLC and MEMPHISBEECH.COM
Release and Waiver of Memphis Beech Coaching, LLC
The individual named below (referred to as "I" or "me") desires to participate in classes, lessons, coaching, and/or other service or activity ("Activity" or “Activities”) provided by Memphis Beech Coaching, LLC. As lawful consideration for being permitted by Memphis Beech Coaching, LLC to participate in the Activity, and the intangible value that I will gain by participating in the Activity, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF MEMPHIS BEECH COACHING, LLC. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF MEMPHIS BEECH COACHING, LLC OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Memphis Beech Coaching, LLC, its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of Memphis Beech Coaching, LLC or any Releasees or otherwise. I covenant not to make or bring any such claim against Memphis Beech Coaching, LLC or any other Releasee, and forever release and discharge Memphis Beech Coaching, LLC and all other Releasees from liability under such claims.
I shall defend, indemnify, and hold harmless Memphis Beech Coaching, LLC and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, that are incurred by the indemnified party arising out of or related to any third-party claim alleging any bodily injury to or death of any person, or damage to real or tangible personal property caused by my negligence or other more culpable act or omission (including any reckless or willful misconduct) in connection with my participation in the Activities.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules"). There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent of the request for arbitration, or in default thereof appointed by the AAA in accordance with its Commercial Rules. The award rendered by the arbitrator shall be final, non-reviewable, and non-appealable and binding on the parties and may be entered and enforced in any court having jurisdiction. The place of arbitration shall be Los Angeles, California. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. The arbitrator will have no authority to award punitive damages or consequential damages.
I IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO MY PARTICIPATION IN THE ACTIVITIES. I CERTIFY AND ACKNOWLEDGE THAT I MAKE THIS WAIVER KNOWINGLY ANDVOLUNTARILY.
This Agreement constitutes the sole and entire agreement of Memphis Beech Coaching, LLC and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Memphis Beech Coaching, LLC and me and their respective successors and assigns.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE MEMPHIS BEECH COACHING, LLC.
Website owner, the offering, and binding of Terms
This website is owned and operated by Memphis Beech Coaching, LLC. These Terms set forth the terms and conditions under which I may use this website and services as offered by Memphis Beech Coaching, LLC. This website offers visitors classes, coaching services, blog articles, and products. By accessing or using the website of our service, I approve that I have read, understood, and agree to be bound by these Terms.
Who can use this website; what are the requirements to create an account
In order to use our website and/or receive our services, I must be at least 18 years of age, or of the legal age of majority in my jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. I are not allowed to use this website and/or receive services if doing so is prohibited in my country or under any law or regulation applicable to I.
Key commercial Terms offered to customers
When buying an item, I agree that: (i) I are responsible for reading the full item listing before making a commitment to buy it: (ii) I enter into a legally binding contract to purchase an item when I commit to buy an item and I complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
Return and refund policy
For any undamaged physical product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date I receive the product, and we will exchange it or offer a refund based upon the original payment method.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Memphis Beech Coaching, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and I agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend Ir access to the service without notice and liability for any reason, including if in our sole determination I violate any provision of these Terms or any applicable law or regulations. I may discontinue use and request to cancel Ir account and/or any services at any time.
Indemnification
I agree to indemnify and hold Memphis Beech Coaching, LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with my use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Memphis Beech Coaching, LLC be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Memphis Beech Coaching, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from the access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, I should review these page periodically. When we change the Terms in a material manner, we will notify I that material changes have been made to the Terms. The continued use of the Website or our service after any such change constitutes acceptance of the new Terms. If I do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
I agree to receive from time to time promotional messages and materials from Memphis Beech Coaching, LLC, by mail, email or any other contact form I may provide Memphis Beech Coaching, LLC with (including phone number for calls or text messages). If I don't want to receive such promotional materials or notices – please just notify Memphis Beech Coaching, LLC at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America and the State of Tennessee, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and I hereby consent to them being decided exclusively by a court of competent jurisdiction located in City of Memphis. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.