Elite Business Academy Membership Agreement

This Membership Agreement (“Agreement”) is entered into (“Client”) and Yager Training Company LLC (“Company”) registering for Elite Business Academy membership with the Company. By registering for membership, the Member agrees to be bound by the terms and conditions outlined in this Agreement.

Membership Details:

1.1. Membership Type: The Member is enrolling in a subscription-based membership program offered by the Company.

1.2. Trial Period: Upon registration, the Client will receive a 30-day trial period. During this trial period, the Client will have access to all benefits of the membership at a cost of $1.

1.3. Monthly Recurring Subscription Fee: After the trial period ends, the Client’s membership will automatically renew to a monthly subscription at a cost of $97. The Client authorizes the Company to automatically charge the provided payment method a monthly fee of $97 per month unless canceled.

1.4. Yearly Subscription Option: Alternatively, the Client may opt for a yearly subscription at a discounted rate of $970 per year. This option is available at any time after the trial period.

Payment Terms:

2.1. Trial Period Payment: The Member agrees to pay $1 for the 30-day trial period upon registration.

2.2. Recurring Payments: After the trial period, the Member authorizes the Company to automatically charge the provided payment method a monthly fee of $97 or a yearly fee of $970, depending on the selected subscription plan.

2.3. Billing Cycle: Monthly subscription fees will be billed on the same day each month, starting from the end of the trial period. Yearly subscription fees will be billed annually on the anniversary of the Member’s registration.

2.4. Payment Method Updates: It is the Member’s responsibility to ensure that the payment method on file is accurate and up to date. Failure to maintain a valid payment method may result in the suspension or termination of membership.

2.5 Currency: Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

Cancellation and Refunds:

3.1. Cancellation Policy: The Member may cancel their membership at any time by contacting the Company through the designated channels provided on the Company’s website. Cancellations will be processed within 1-2 business days. To cancel the Membership, the Member must send a request to [email protected]

3.2. Immediate Access Loss: Upon cancellation, the Member will immediately lose access to all membership benefits and services.

3.3. Optimal Cancellation Timing: The Member is advised to cancel closer to their next payment due date to maximize access to the Membership content until cancellation.

3.4. Refund Policy: Refunds will not be provided for any partial membership periods. Upon cancellation, the Member will not be entitled to a refund for any unused portion of their membership term.

Membership Benefits:

4.1. Access to Services: Upon registration, the Member will receive access to the services and benefits offered as part of the membership program.

4.2. Updates and Changes: The Company reserves the right to modify, update, or change the membership benefits, fees, or terms outlined in this Agreement with reasonable notice to the Member.

4.3 Membership Termination: Company reserves the right to terminate the Member’s Membership at any time for violation of the terms and conditions outlined in this Agreement or for any other reason deemed necessary. In the event of Membership termination, Company will provide notice to the Member via email or other means of contact on file.

4.4 Member Responsibilities: The Member is responsible for maintaining the confidentiality of their account credentials and ensuring that their login information remains secure. The Member agrees to use the Membership and its content solely for personal, non-commercial purposes and not for any illegal, unauthorized, or improper activities.

4.5 Modification of Membership: Company reserves the right to modify, suspend, or terminate any aspect of the Membership, including but not limited to its features, content, and pricing. Company will provide reasonable notice to the Member of any such modifications, suspensions, or terminations.

Disclaimer of Liability:

5.1. Company shall not be held liable for any direct, indirect, incidental, special, or consequential damages resulting from the Member’s use or inability to use the Membership or its content.

5.2. The Member acknowledges that the Membership is provided on an “as-is” basis, and Company makes no warranties, express or implied, regarding the quality, accuracy, or fitness for a particular purpose of the Membership or its content.

5.3. Company does not provide medical advice. The information on this site is not intended or implied as a substitute for professional medical advice, diagnosis, or treatment. Always consult your medical doctor, nutritionist, or other medical professionals on your care team before beginning any new diet, supplementation, or exercise program. Statements and opinions contained on the Company website and other related sources (blog, educational modules, and social media platforms) are provided as self-help tools only. The company does not guarantee the accuracy or effectiveness of the information to your unique circumstance.

Intellectual Property:

6.1. Ownership: All intellectual property rights, including but not limited to text, images, videos, documents, copyrights, trademarks, trade secrets, and patents, associated with the services provided under this Agreement shall remain the exclusive property of the Company.

6.2. The Member acknowledges that the Membership content is subscribed to and not purchased, and as such, the Member shall have no rights to share, resell, distribute, or otherwise transfer the content to any third party.

7. Copyright

7.1 Any and all content on any Website(s), social media pages, groups, profiles, emails, as well as content transmitted with and/or as part of Company’s products and/or Services or through any other channels, online or offline, including any designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation, collection, assembly and arrangement thereof are protected under under U.S. and international copyright laws, and unauthorized use, distribution, reproduction, modification, transmission, display, performance, republishing, and any other means of dissemination without our express written consent, is prohibited by law.

Trademarks Company’s business, product and service names, page headers, logos, slogans, taglines, product names, and similar brand identifiers are trademarks, trade dresses and service marks owned by Company. As such, any use of these marks in any manner likely to confuse consumers without the express, written consent of Company is strictly prohibited. Any trademarks belonging to third parties require the consent of their respective owners prior to use or display.

No person shall have the right to copy, reproduce, publish, upload, share, use, register as a domain name, or otherwise display any logo, slogan, tagline, trademark, trade name, service mark, trade dress, copyrighted material, patent, trade secret, or confidential information owned by Company or any of its partners, sponsors, parents, subsidiaries, or affiliates, absent a specific written license or assignment agreement executed by Company expressly granting such rights.

Confidentiality:

8.1. Confidential Information: Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the term of this Agreement.

8.2. Use of Confidential Information: The Member agrees not to disclose or use any confidential information obtained from the Company for any purpose other than fulfilling their obligations under this Agreement.

9. Notice

All notices, requests, demands, or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:

Per the Client’s email and address on file within the Company’s Online Portal.

Company : Yager Training Company LLC

Yager Training Email: [email protected]

Yager Training Address: 2028 E Ben White Blvd, Ste 240-2305 Austin, TX 78741

or to such other email address as either Party may from time to time notify the other.

WARRANTY.

10.1 Company MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO ANY GOODS AND/OR SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM THE COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. CONSULTANT EXPRESSLY DISCLAIMS THE FOREGOING AND ANY OTHER WARRANTIES WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHICH ARE PROVIDED AS IS, AND NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY GIVEN BY CONSULTANT.

10.2 By signing this Agreement, Client acknowledges that Company neither owns nor governs the actions of any third party, person, entity, platform, search engine, software, program, or system, and Company therefore makes no warranties in connection therewith. Client also acknowledges that, due to factors and conditions beyond Company’s control, including but not limited to acts of god, the actions of the Client and any of its customers, partners, employees, agents and/or representatives, the actions of third parties, and other conditions and circumstances beyond Company’s control, the Company us unable guarantee any specific results.

10.3 If applicable, Company will pass along to the Client any third-party warranties relating to any goods purchased and/or installed hereunder. ALL OTHER WARRANTIES ARE EXCLUDED INCLUDING, WITHOUT LIMITATION, EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE.

11. Limitation of Liability

11.1 Client hereby agrees that, unless the result of Company’s willful or intentional misconduct, Company’s total liability to Client for any and all injuries, claims losses, expenses or damages, arising out of or in any way related to the Services and/or this Agreement, from any cause or causes, including but not limited to Company’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty (hereafter “Client’s Claims”), shall not exceed the sum of the total Package Fees received from Client, or $5000.00, whichever is less.

12. Indemnification

12.1 Company agrees to release, indemnify and hold Client harmless against all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Client as a result of the acts or omissions of Company, its agents or employees, in connection with their negligent performance of the professional services rendered under this Agreement, to the extent that such losses or damages were caused by any act, failure to act, error, omission, breach of contract, or negligence of Company, and/or its employees. In all claims for Indemnity under this paragraph, Company’s obligation shall be calculated on a comparative basis of fault and responsibility between the Company, Company, and any other party involved.

12.2 Client agrees to release, indemnify and hold Company harmless, to the fullest extent permitted by law, from all claims, losses, expenses, fees including attorney fees, costs and judgments that may be asserted against Company, to the extent that such losses or damages were caused by any act, failure to act, error, omission, breach of contract, or negligence of Client and/or its employees, agents, Companies, subCompanys or representatives, in connection with this Agreement and/or the work performed hereunder.

Neither party shall be obligated to indemnify the other in any manner whatsoever for claims, losses, expenses, or damages resulting from the other party’s own negligence.

13. Portfolio / Publicity Use

13.1 Client hereby grants Company permission to use their likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web based publications, without payment or other consideration. I understand and agree that all photos will become the property of Yager Training Company LLC and will not be returned.

13.2 I hereby irrevocably authorize Yager Training Company LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product were in my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.

13.3 I hereby hold harmless, release, and forever discharge Yager Training Company LLC from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have it by reason of this authorization.

14. Modification of Agreement

14.1 Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

15. Time of the Essence

15.1 Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

16. Assignment

The Company will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

Miscellaneous:

17.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Texas.

17.2. Entire Agreement: This Agreement constitutes the entire understanding between the Member and the Company regarding the subject matter herein and supersedes all prior agreements and understandings, whether written or oral.

By registering for membership, the Member acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Agreement.

18. Entire Agreement

This Agreement, together with all attachments, schedules, exhibits and other documents that are incorporated by reference herein, constitute the entire agreement between the parties, represent the final expression of the parties’ intent and agreement relating to the subject matter of this Agreement, contain all the terms and conditions that the parties agreed to relating to the subject matter, and replaces and supersedes all prior discussions, understandings, agreements, negotiations and any and all prior written agreements between the parties. Any subsequent changes to the terms of this Agreement may be amended or waived only with the written consent of both parties, and shall be effective upon being signed by both parties.

19. Force Majeure

Either party shall be excused from any delay or failure of performance required hereunder if caused by reason of a Force Majeure Event as defined herein, as long as the nonperforming party complies with its obligations as set forth below.

For purposes of this Agreement, “Force Majeure Event” means any event, circumstance, occurrence or contingency, regardless of whether it was foreseeable, which is a) not caused by, and is not within the reasonable control of, the nonperforming party, and b) prevents the nonperforming party from its obligations under this agreement. Such events may include, but are not limited to: acts of war; insurrections; fire; laws, proclamations, edicts, ordinances or regulations; strikes, lock-outs or other labor disputes; riots; explosions; and hurricanes, earthquakes, floods, and other acts of nature.

The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations under this Agreement shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty (30) days, either party shall have the right to terminate this agreement upon ten (10) days’ prior written notice to the other party.

Upon occurrence of a Force Majeure Event, the nonperforming party shall do all of the following: a) immediately make all reasonable efforts to comply with its obligations under this Agreement; b) promptly notify the other party of the Force Majeure Event; c) advise the other party of the effect on its performance; d) advise the other party of the estimated duration of the delay; e) provide the other party with reasonable updates; and f) use reasonable efforts to limit damages to the other party and to resume its performance under this Agreement.