TERMS, DISCLAIMERS AND CONDITIONS FOR ALL Z-HEALTH PERFORMANCE COURSES
Please carefully read the following terms and conditions relating to your participation in any of Z-Health Performance Solutions, LLC’s, an Arizona limited liability company, (“Company,” “Z-Health,” “we” or “us”) Courses as they make up the Service Agreement (“Agreement”) which is a legal, binding agreement between you and the Company (collectively referred to as the “Parties”). These terms and conditions are relevant to all of the Company’s Courses, seminars, and certifications including but not limited to Essentials of Elite Performance, R-Phase, I-Phase, S-Phase, T-Phase, 9S: Strength & Suppleness, 9S: Stamina & Spirit, 9S: Structure, 9S: Sustenance & Spirit, 9S: Speed, 9S: Skill & Style, and The Next Evolution. All Courses, certifications, events, and seminars will be collectively referred to as the “Course.”
By registering for a Course at any of our locations (“Hotel”), you (the “Attendee” or “Registrant”) signify your acceptance of and obligation to comply with these Terms and Conditions. If you have objections to the following Terms and Conditions, you agree that you will not register for or attend the Course.
Company requires all Attendees to be respectful and professional to our staff, location hosts, speakers, and other attendees and their guests or families throughout the Course, which includes non-scheduled downtime and breaks. Company reserves the right to ask Attendee and/or their guests to immediately leave the conference room and Hotel if they are being rude, uncooperative, unprofessional, intoxicated or in possession of alcohol or any illegal substance. In such case, the Attendee’s tuition and fees for the Course shall not be reimbursed and Attendee will not receive any future products, services or correspondence from the Company. Additionally, Attendee shall not receive any Company advertised bonuses or qualify for our satisfaction guarantee or any other written or implied guarantee.
No Professional Advice
The information provided by Dr. Eric Cobb, the Company, its managers and members, or their, agents, sponsors, speakers, partners, licensors, suppliers, contractors, any of their affiliates, or any third-party (“Z-Health Associates”) in the Course, related services or their websites cannot replace or be a substitute for the services of trained professionals, including, but not limited to, those serving in physical, mental, financial, medical, psychological, or legal fields. Z-Health Associates do not offer any professional, personal, medical, financial or legal advice and none of the information contained in the Course should be confused as such advice.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Z-HEALTH ASSOCIATES BE LIABLE TO ATTENDEE OR REGISTRANT OR ANY THIRD PARTY FOR ANY COST, LOSS, LIABILITY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES THAT MAY RESULT FROM PARTICIPATION IN THE COURSE OR FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, INFORMATION, OR STRATEGIES COMMUNICATED THROUGH THE COURSE OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE COURSE, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, GOODWILL, OR OTHER INTANGIBLE LOSS (EVEN IF Z-HEALTH ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) ARISING FROM OR IN CONNECTION WITH THE PRODUCTS, SERVICES, COURSES, INFORMATION, THIS AGREEMENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ATTENDING A COURSE, THE INABILITY TO USE THE SITE OR SERVICES, IN CONNECTION WITH ANY THIRD PARTY TRANSACTIONS OR ARISING OUT OF OR IN CONNECTION WITH YOUR TRANSPORTATION, ATTENDANCE, PARTICIPATION OR EXCLUSION FROM ANY COMPANY EVENT OR COURSE, YOUR USE OF ANY ADVICE, GOODS OR SERVICES YOU RECEIVE FROM A GUEST SPEAKER AT ONE OF OUR EVENTS OR IN CONNECTION WITH THE DISPLAY OF YOUR PHOTO, NAME, OR BIOGRAPHY POSTED ON OUR SITES OR IN OUR MARKETING MATERIALS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. IN A jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of THE Z-HEALTH ASSOCIATES shall be limited in accordance with this Agreement to the fullest extent permitted by law. YOU AGREE THAT Z-HEALTH ASSOCIATES MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF FEES, IF ANY, YOU PAID FOR THE COURSE.
To be clear: You alone are responsible and accountable for your decisions, actions and results in life, and by your participation in our Course, you agree not to attempt to hold Z-Health Associates liable for any decisions, actions or results that you make or experience in business or in life due to your participation in the Course.
You hereby unconditionally and forever release, discharge and agree to indemnify, defend and hold all of the Z-Health Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), whether under any theory of law, including contract, warranty, tort (including negligence, strict liability, product liability or other theory) relating to any claim you may now or later have due to or arising out of your access to and use of the Course, Company products and services, your violation of this Agreement or any violation of any rights of another, including infringement of the intellectual property rights of Z-Health Associates or third parties. Z-Health reserves, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement.
Confidentiality and Non-Compete
Attendee understands that the tools, assessments, processes, strategies, materials and information presented in the Course are confidential, copyrighted, and proprietary to the Company and agrees not to record, duplicate, distribute, summarize, teach or train from the Course materials in any manner whatsoever without the express prior written permission of Company. Any unauthorized use or distribution of these proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and the Company will pursue legal action and full damages in the event of a violation of these terms.
Children under the age of 15 are not permitted to attend a Course, and teens between 15-17 years old must be accompanied by a parent or guardian throughout the entire Course. Registered Youth must show legal proof of age at registration.
During our Course, we will discuss several adult topics relating to personal and professional growth. We will also occasionally use adult or profane language to emphasize a point or connect with or surprise the audience, and in storytelling. Participants who are uncomfortable with topics such as physical injury, accidental or medical-related death, medical procedures, sport and real-world violence, or adult language should not attend the Course.
Audio/Visual Rules and Release
Attendees may not, under any circumstance, use any type of recording device to capture the information provided at the Course. No recording devices, photography or videography is allowed in the Course room without express prior written permission of the Company.
By participating in the Course, Attendee understands that portions of the Course’s live events may be recorded in video and audio and/or captured in still and/or digital photographs by the Company. Attendee expressly provides the Company and its assigns the right and permission to use such recordings and photographs that include Attendee’s name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Attendee. Attendee understands and agrees that all recordings from the Company’s Courses belong exclusively to the Company and Attendee shall not ask for or expect compensation for the use of recordings or photographs in which Attendee appears or speaks. Company owns all audio, video, and/or photograph rights captured during the Company’s Course or at any of the Company’s other live events.
Z-Health Course Cancellation Policy
For Courses offered in the United States, we reserve the right to cancel a Course 4 weeks prior to the Course start date. For International Courses, we reserve the right to cancel a Course 12 weeks prior to the Course start date. If the Company cancels a Course, the Registrant may either keep the tuition funds on file as a credit and attend another Course or receive a refund for the Course tuition only. All other expenses are the responsibility of the student.
Tuition & Refund Policies:
Tuition Payment & International Participants:
All Course tuition payments must be made in U.S. funds. International participants, including those in Canada and Mexico, will be responsible for payment of any applicable custom duties, taxes, and money transfer fees.
Course Refund Policy:
We offer a 30-day money back guarantee AFTER Registrant attends live training (Essentials of Elite Performance, R-Phase, and/or other courses). Attendee may ask for a full refund after attending the course. Refunds must be requested within 30 days after the last day of the course, and must be sent via email to [email protected].
Prior to course attendance, no refunds or transfers will be allowed once the payment has been completed for a Course and digital material is provided to the Registrant. To be clear, we require the Registrant to attend our live course before requesting a refund. The reason for this policy is that intellectual property within the study materials and the 4-day course video cannot be returned once it has been viewed.
Upon approval of a refund, access to all digital materials related to the course(s) refunded and the opportunity to register for future Z-Health courses will be revoked.
In the event the Company issues a refund, the Company will refund the credit card used to pay for the Course. If refunding the credit card is not an option, a check will be mailed to the Registrant if the Registrant resides or works in the United States. Refunds for international Registrants will be made via a PayPal payment or wire transfer. The Registrant is responsible for all transaction fees for both Registrant and the Company. Refund processing may take up to 4-6 weeks.
We don’t believe in miracle cures or “get rich quick” programs. We do believe in hard work, adding value, building a real and professional education-backed career, and serving others with excellence and consistency. Our programs are intended to educate you on the application of neurology to physical training and movement, among other things. Our programs take a lot of work and discipline just like any worthwhile endeavor or professional continuing education program. Please don’t enroll in our programs if you believe in the “money for nothing, get rich quick” myth or ideology, or if you believe that you can hack your way to a new level of business and physical training mastery. We desire to work with serious people dedicated to real professional development who want to add value and move humanity forward.
We cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools or strategies. We don’t know you and, besides, your results in life are up to you. Agreed? We just want to serve by giving great content, direction, and strategies.
What we can guarantee is your satisfaction. We give you a 30-day 100% satisfaction guarantee on your course purchases, and we have a generous refund policy for our live courses, so if you are not happy for any reason with the quality of our training, just ask for your money back. You should know that all Company products and services are for educational and informational purposes only. Nothing in this Agreement, on any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings. , We do not offer any physical, legal, medical, psychological, tax or other professional advice. Any Attendee results or financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered to be average results, exact results, or promises for actual or future performance. Making decisions based on any information presented in our products, courses, services, or web site, should be done only with the knowledge that you could experience risk or losses just like any entrepreneurial or professional endeavor. Use caution and always consult your doctor, accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change, exercise, or your business or finances.
You alone are responsible and accountable for your decisions, actions and results in life, and by your registration in our Course you agree not to attempt to hold the Company liable for your decisions, actions or results, at any time, under any circumstance. We feel transparency is important on this matter, and we hold ourselves (and you) to an incredibly high standard of integrity. That’s why we also put our disclaimers on all our pages; why we give you our contact information for any questions; and why we give you a 100% satisfaction guarantee on all of our products and programs.
Course Registrants must contact us within thirty (30) days prior to the Course, if they require assistance related to hearing disabilities or if they need an interpreter. Closed captioning is not yet available in many of our online courses, which is how people register for our live courses, and so in some cases we will offer those who are deaf or hearing disabled a refund if the videos accompanying our programs are not closed captioned. We may work with the potential participant on alternative ways to provide education other than the specific videos or live courses, if possible. In order to attend a live course, you also agree that, if you require assistance to participate in and/or benefit from the Course, you will provide reasonable advance notice to [email protected] (not less than thirty-day prior notice) so that we may make arrangements for that assistance, if it is possible. While we will make every effort to accommodate disabilities, we may not be able to make an accommodation that may result in an undue burden or represent a fundamental alteration in the nature of the products, goods or services provided.
For correspondence, contact:
Z-Health Performance Solutions, LLC
835 W. Warner Rd. Suite 101-603
Gilbert, AZ 85233
Review and Jurisdiction
This Agreement may be updated by the Company from time to time. The Company expressly reserves the right to make any changes to this Agreement at any time without prior notice to you. All such updates and changes are effective immediately upon posting a revised version of this Agreement on the Company’s website. You should view this Agreement often to stay informed of changes that may affect you.
Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you shall not contest the admissibility or enforceability of Z-Health’s copy of this Agreement in connection with any proceeding arising out of this Agreement. This Agreement does not confer any rights, remedies or benefits upon any person other than you and Z-Health. Z-Health may assign its rights and duties under this Agreement at any time to any party without notice. You may not assign this Agreement without the prior written consent of Z-Health. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective permitted successors and assigns. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision of this Agreement and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall not be construed to make you and Z-Health a partner, agent or joint venture of each other.