Terms of Participation and Course Guarantee Policy
TERMS OF PARTICIPATION
Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Marietta Mehanni Education and You, and You agree to the following terms stated herein. Marietta Mehanni Education and You may be referred to collectively as “Parties” in this Agreement.
Marietta Mehanni Education agrees to provide any of the following, “Marietta Mehanni Education Online Courses” (herein referred to as “Program”) as outlined on the web page where You registered, which may include digital or downloadable resources, an online course, one-on-one or group coaching, training online private forums operated by Marietta Mehanni Education (for any purpose), whether on a website hosted by Marietta Mehanni Education or a third-party website such as an online course platform or facebook.com. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Marietta Mehanni Education will periodically make updates to the core program, and you will have access to updated materials for as long as Marietta Mehanni Education continues to offer the Program Area to its customers, which is what is referred to as “Lifetime Access” in our marketing materials. From time to time, Marietta Mehanni Education may offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrolment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
Marietta Mehanni Education reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of Marietta Mehanni Education.
This program is intended and only suitable for individuals aged 18 and above. Some of the content in this Program may not be appropriate for children. Marietta Mehanni Education hereby disclaims all liability for use by individuals under the age of 18.
This Program is intended to be utilized by people interested in teaching group fitness classes, who will implement the skills taught throughout the Program to their businesses.
METHODS OF PAYMENT
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Marietta Mehanni Education, without any additional authorization, for which you will receive an electronic receipt. You also agree that Marietta Mehanni Education is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers Stripe.
If You elect for the payment plan, You hereby authorize Marietta Mehanni Education to charge your credit card or debit card automatically according to the terms set forth in the Fees section above. Regarding recurring payments and outstanding invoices: If all payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new payment method promptly or your Program access will be terminated.
If you do not request a refund according to the Program’s Refund Policy set forth below, you are required by law to complete the remaining payments of your payment plan and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding payments, using any eligible payment method we have on record for your account.
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. Marietta Mehanni Education provides a 30-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.
In order to qualify for a refund, you must submit proof that you did the work in the course, and it did not work for you. In the event that you decide your purchase was not the right decision, contact our support team at [email protected] and let us know you’d like a refund within 30 days after the start date of the Marietta Mehanni Education Online Courses (“Refund Period”). You must include your coursework with your request for a refund, as outlined below. If you request a refund and do not include your coursework by the end of the Refund Period, you will not be granted a refund.
You must submit ALL of the following items with your request for a refund:
- Requirement 1: Watched all videos in the course that you provided
- Requirement 2: Tell us why this course was not a good fit for you. What did you expect that you did not get once inside the program.
We will NOT provide refunds for any request that comes more than 30 days after the start date of the Marietta Mehanni Education Online Courses. After the Refund Period, all payments are non-refundable, and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within the Refund Period, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund pursuant to this policy, Marietta Mehanni Education will promptly issue an instruction to its payment processor to issue the refund. Marietta Mehanni Education does not control its payment processor and will not be able to expedite any refunds.
All refunds are discretionary as determined by Marietta Mehanni Education. To further clarify, we will not provide refunds for requests made after the Refund Period and all payments must be made on a timely basis.
In all other cases, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program, Marietta Mehanni Education has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs and no refunds will be provided to you. By using and/or purchasing our Program, you understand and agree that, except for the limited refund policy described above, all sales are final, and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these Terms Of Participation that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card Marietta Mehanni Education or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Marietta Mehanni Education reserves the right, in its sole discretion, to determine how to discipline a participant who violates these Terms. Therefore, if a participant disagrees with how Marietta Mehanni Education disciplines another member and requests a refund, Marietta Mehanni Education will deny such request.
Furthermore, if a participant violates these Terms, the Marietta Mehanni Education reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these Terms. If a participant disagrees with Marietta Mehanni Education offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.
If in Marietta Mehanni Education’s sole right and discretion, you persist with behaviors or actions that violate these Terms, Marietta Mehanni Education may terminate your access and participation in the Program without notice and without refund.
If you have any questions or problems, please let us know by contacting Marietta Mehanni directly at [email protected]
YOUR CONDUCT IN THE PROGRAM; CONFIDENTIALITY; USE OF YOUR MATERIALS
Any material you post on Marietta Mehanni Education’s website or in any third-party forums operated by Marietta Mehanni Education may become public. Marietta Mehanni Education respects the privacy of its customers and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Marietta Mehanni Education’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participants to share the information. Similarly, the content of the Program contains Marietta Mehanni Education’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than Marietta Mehanni Education, its owners and employees, and other Program participants.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on Marietta Mehanni Education’s website and any third-party forums operated by Marietta Mehanni Education, whether by leaving a comment, participating in a chat, public or private forum, or other interactive services, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene, or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
Marietta Mehanni Education, in its discretion, may delete or modify, in whole or part, any post, comment, or submission to Marietta Mehanni Education’s and any third-party forums operated by Marietta Mehanni Education. Marietta Mehanni Education does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. Marietta Mehanni Education neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Marietta Mehanni Education website or any third-party forums operated by Marietta Mehanni Education. Marietta Mehanni Education shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Marietta Mehanni Education website and any third-party forums operated by Marietta Mehanni Education.
You are strictly forbidden from the following:
- Causing damage to any Marietta Mehanni Education website or third-party forums operated by the Marietta Mehanni Education
- Using any Marietta Mehanni Education website or third-party forums operated by the Marietta Mehanni Education for any unlawful, illegal, fraudulent, or harmful purpose or activity
- Using any Marietta Mehanni Education website or third-party forums operated by the Marietta Mehanni Education to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software
- Using any Marietta Mehanni Education website or third-party forums operated by the Marietta Mehanni Education to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Marietta Mehanni Education website or third-party forums operated by the Marietta Mehanni Education
- Sharing private and proprietary information from the Program or other participants with anyone else
- Discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
Marietta Mehanni Education does its best to create a safe and welcoming space for all participants, however, Marietta Mehanni Education cannot guarantee that all participants will follow these guidelines. Marietta Mehanni Education, in its sole discretion, may remove any participant’s comments, posts, content, or materials, however, Marietta Mehanni Education does not have a duty to review all comments, posts, content, and material shared within any online private forums or groups or on any group call. Therefore, Marietta Mehanni Education shall not be held liable for any participant’s comments, actions, posts, content, or materials that result in another participant’s trauma or discomfort.
The Program is a “pitch-free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Marietta Mehanni Education website or third-party forums operated by the Marietta Mehanni Education, whether or not officially sanctioned, owned, or operated by Marietta Mehanni Education. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform.
We may also post separate rules regarding your behavior in any online community or forum, whether hosted on Marietta Mehanni Education’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into this Agreement.
By posting or submitting any material in the Facebook group, such as questions, comments, posts, photos, images, videos, or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future program or other content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the program at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by Marietta Mehanni Education during the Program that may contain you, your voice, and/or your likeness. In Marietta Mehanni Education’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to Marietta Mehanni Education or created by Marietta Mehanni Education in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you by name, email address, or screen name as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you or Marietta Mehanni Education that reference Marietta Mehanni Education or the program, and to identify you as a member of the program by name, email address, or screen name, for any purposes, including commercial purposes and advertising.
USERNAME AND PASSWORD
NO TRANSFER OF INTELLECTUAL PROPERTY; LIMITED LICENSE
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program is the property of the Marietta Mehanni Education or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
Marietta Mehanni Education name, Marietta Mehanni Education logo, Marietta Mehanni Education slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of Marietta Mehanni Education or its affiliates or licensors. You must not use such marks without the prior written permission of Marietta Mehanni Education. All other names, logos, product and service names, designs, and slogans in the Program are the trademarks of their respective owners.
As a purchaser or participant in the Program, you are our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or any Marietta Mehanni Education content for personal use you in no way assume any ownership rights of the Content – it is still Marietta Mehanni Education property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.
Marietta Mehanni Education content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of Marietta Mehanni Education and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Marietta Mehanni Education or our licensors except as expressly authorized herein.
You hereby agree that any infringement of Marietta Mehanni Education’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate Marietta Mehanni Education’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment is not permitted (“Unauthorised Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorised Use, in addition to any legal or equitable remedies Marietta Mehanni Education may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorised Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling the Marietta Mehanni Education to obtain injunctive relief, without bond, in addition to all legal remedies.
Marietta Mehanni Education shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Marietta Mehanni Education including, without limitation, acts of God, flood, fire, earthquake, pandemic, death, illness or incapacity of Marietta Mehanni Education, explosion, any local, state, federal, national or international law, governmental order or regulation, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, the Marietta Mehanni Education shall give notice to you of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this Agreement.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be 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. The remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
DISCLAIMERS AND RELEASE
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Marietta Mehanni Education is agreeing only to provide You with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
You agree to absolve and do hereby absolve and release the Releases (defined below) from any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of the use of the Program and/or any information and resources contained in the Program. You agree that Releases shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program, including its content, materials, products or services, or third-party content, materials, products or services made available through the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. Marietta Mehanni Education and/or its suppliers may make improvements and/or changes in the Program at any time.
Marietta Mehanni Education and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Marietta Mehanni Education and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Marietta Mehanni Education and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if Marietta Mehanni Education or any of its suppliers has been advised of the possibility of damages. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy are to discontinue using the Program.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to Marietta Mehanni Education for the Program.
Any links to third-party products, services, or sites are subject to separate terms and conditions. Marietta Mehanni Education is not responsible for or liable for any content on or actions taken by such third-party Marietta Mehanni Education or website. Although Marietta Mehanni Education may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
The client understands Marietta Mehanni (herein referred to as “Consultant”) and Marietta Mehanni Education are not an agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst or advisor, psychotherapist, medical professional or accountant. Client understands that Consultants and Marietta Mehanni Education have not promised, shall not be obligated to, and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s or Marietta Mehanni Education’s network of contacts, media partners or business partners. The client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties wish to continue their relationship, they shall execute a separate agreement.
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Marietta Mehanni Education cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Marietta Mehanni Education, you accept that you do so at your own risk.
USERS OUTSIDE AUSTRALIA
Marietta Mehanni Education controls and operates the Program from offices in Australia. The Marietta Mehanni Education does not represent those materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The client may not assign this Agreement without the express written consent of Marietta Mehanni Education.
Marietta Mehanni Education may modify the terms of this agreement at any time. All modifications shall be posted on the Marietta Mehanni Education website and purchasers shall be notified.
Marietta Mehanni Education reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, without notice, if You become disruptive to Marietta Mehanni Education or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of termination.
In the event you decide to cancel your participation in the Program, You will not be issued a refund for any remaining days or months of the Program after your cancellation, and any remaining installment, default, or late payments will be due immediately.
In the event of cancellation or termination, you are no longer authorized to access the part of the Program or its content. The restrictions imposed on you in this Agreement with respect to the Program and its content will still apply now and in the future, even after termination by you or the Marietta Mehanni Education.
INDEMNIFICATION AND HOLD HARMLESS
You agree to indemnify, defend, release and hold harmless Marietta Mehanni Education, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns; any Marietta Mehanni Education volunteers; and Maria Teresa Stone and Marietta Mehanni (collectively “Releases”) for, from and against any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Marietta Mehanni Education reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Marietta Mehanni Education in asserting any available defenses.
RESOLUTION OF DISPUTES
Every effort has been made to accurately represent our programs and the educational value they provide.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed, tested, or certified by Facebook.
However, there is no guarantee that you will earn any money using the techniques and ideas in these materials. When we present revenue and sales figures on our website and our other channels, we are showcasing exceptional results, which do not reflect the average experience.
You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market. Running group fitness classes in person or online carries risks, and your use of any information contained on this website is at your own risk. Subject to our Refund Policy, we provide content without any express or implied warranties.
By continuing to use our site and access our content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services. Any claims made of actual earnings or examples of actual results can be verified upon request.
If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact [email protected]
Marietta Mehanni Education
PO Box 593
Northcote, Victoria 3070 Australia
Last Updated: 7th March 2022.