PROGRAM SERVICES AGREEMENT
Change Growth Accelerator™ for Practitioners — Virtual Learning Experience
Effective Date: The date Participant clicks “I Agree” at registration.
PLEASE READ CAREFULLY. This Program Services Agreement (“Agreement”) is a binding contract between you (“Participant,” “you,” or “your”) and Change Enthusiasm Global, LLC, a Georgia limited liability company with its principal place of business in Atlanta, Georgia (“CEG,” “we,” or “us”). By checking the “I Agree” box and completing your registration for the Program, you (i) acknowledge that you have read and understood this Agreement, (ii) agree to be bound by its terms, and (iii) represent that you are at least 18 years old and have full authority to enter into this Agreement. If you do not agree, do not check the box and do not register.
1. The Program
CEG will provide the Change Growth Accelerator™ for Practitioners virtual learning experience (the “Program”), consisting of (a) two (2) live virtual sessions delivered via Zoom on the dates and times set forth at registration (“Day 1” and “Day 2”), (b) three (3) extended learning sessions, and (c) a participant kit that includes the Practitioner’s Journal, the Emotions Wheels magnet, and other items selected by CEG (collectively, the “Program Materials”). The Program will be delivered by one or more facilitators who are employees or authorized contractors of CEG and may include Certified Change Enthusiast™ facilitators.
2. Certification Requirements
Certification is awarded by CEG in its sole discretion based on attendance and engagement. To earn certification, Participant must (a) attend all of Day 1 and Day 2 (with no more than thirty (30) minutes of total absence across both days) and (b) attend all three (3) extended learning sessions. If Participant is unable to meet these requirements, Participant should contact support@changeenthusiasmglobal.com promptly; CEG will use reasonable efforts to accommodate but is not obligated to do so.
3. Fees, Payment, and Refunds
Participant will pay the Program fee disclosed at registration (the “Fee”). The Fee is due in full at the time of registration unless CEG agrees otherwise in writing. The Fee is non-refundable upon purchase. If participant is unable to attend the originally selected program dates, they may provide written notice to support@changeenthusiasmglobal.com and CEG will work with Participant to find an upcoming program date that will work. Participant must find a viable rescheduled date within 6 months of originally purchased program date. After 6 months, Participant must purchase a new seat.
4. Intellectual Property
4.1 CEG Ownership. As between the parties, CEG owns and retains all right, title, and interest in and to the Program, the Program Materials, any session recordings, all slides, workbooks, exercises, frameworks, methodologies, content, software, digital tools (including the Mural workspace), data, know-how, and all modifications, enhancements, and derivative works of the foregoing, together with all patent, copyright, trademark, trade secret, and other intellectual property and proprietary rights therein (collectively, “CEG IP”). Without limitation, the marks Change Enthusiasm®, Change Growth Accelerator™, and Certified Change Enthusiast™ are owned by CEG. Nothing in this Agreement transfers any ownership of CEG IP to Participant.
4.2 Limited License to Participant. Subject to Participant’s compliance with this Agreement, CEG grants Participant a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Program Materials solely for Participant’s own internal, non-commercial learning and personal professional development during and after the Program. Participant shall not: (a) reproduce, distribute, publicly display, publicly perform, modify, translate, or create derivative works of the Program Materials; (b) record, photograph, screen-capture, or transcribe any portion of any live session except as expressly permitted by CEG in writing; (c) use the Program Materials to teach, train, coach, consult, or facilitate any third party; (d) remove or alter any copyright, trademark, or proprietary notice; or (e) use any CEG name, logo, or mark, except that Participants who earn certification may use the descriptor “Certified Change Enthusiast™” in their professional bios in accordance with CEG’s then-current usage guidelines.
4.3 Feedback. If Participant provides any suggestions, comments, ideas, or feedback regarding the Program (“Feedback”), Participant hereby grants CEG a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, exploit, and incorporate the Feedback for any purpose, without any obligation to Participant.
4.4 Participant Content. Participant retains ownership of the original content Participant creates and posts in Participant’s journal or workspace during the Program (“Participant Content”). Participant grants CEG a non-exclusive, worldwide, royalty-free license to access, store, and process Participant Content solely to deliver and support the Program. CEG will not publicly disclose Participant Content that identifies Participant without Participant’s consent.
5. Participant Conduct
Participant agrees to (a) provide accurate registration information and keep it current, (b) hold any registration credentials and Zoom links in confidence and not share them with any third party, (c) maintain the confidentiality of personal stories, examples, or non-public information shared by other participants during the Program, (d) participate respectfully and comply with reasonable instructions of the facilitators, and (e) refrain from recording sessions, soliciting other participants, or using the Program for any unlawful or competitive purpose. CEG may, without refund, suspend or remove Participants who materially breach this Section 5.
6. Recording and Likeness
CEG may record sessions for internal quality, training, accessibility, and Program improvement purposes and to provide replays to enrolled participants. By participating with camera or microphone on, Participant consents to being incidentally captured in such recordings. Participant may turn off camera and microphone to avoid being recorded. CEG will not publicly distribute identifiable footage of Participant in external marketing without Participant’s separate written consent.
7. Privacy
CEG’s collection and use of personal information in connection with the Program is described in the CEG Privacy Policy, available at www.changeenthusiasmglobal.com/privacy, which is incorporated by reference.
8. Disclaimers
THE PROGRAM AND PROGRAM MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CEG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE PROGRAM IS EDUCATIONAL AND DOES NOT CONSTITUTE MEDICAL, PSYCHOLOGICAL, THERAPEUTIC, FINANCIAL, OR LEGAL ADVICE. CEG MAKES NO GUARANTEE THAT PARTICIPATION WILL PRODUCE ANY SPECIFIC PROFESSIONAL, PERSONAL, OR BUSINESS OUTCOME OR THAT CERTIFICATION WILL BE AWARDED.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CEG OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR FACILITATORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CEG’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES ACTUALLY PAID BY PARTICIPANT FOR THE PROGRAM.
10. Indemnification
Participant will defend, indemnify, and hold harmless CEG and its affiliates, officers, employees, and facilitators from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of (a) Participant’s breach of this Agreement, (b) Participant’s misuse of the Program or Program Materials, or (c) Participant Content.
11. Cancellation or Rescheduling by CEG
CEG may, in its reasonable discretion, reschedule or substitute facilitators, modify session times, or move sessions to an alternative virtual platform. If CEG cancels the Program entirely and does not offer a comparable rescheduled cohort within ninety (90) days, Participant will receive a full refund of the Fee. The foregoing is Participant’s sole and exclusive remedy for any such cancellation.
12. Force Majeure
Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, labor disputes, internet or platform outages, or governmental action.
13. Governing Law and Venue
This Agreement is governed by the laws of the State of Georgia, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Fulton County, Georgia for any dispute arising out of or relating to this Agreement that is not subject to arbitration. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION.
14. Electronic Acceptance
Participant agrees that clicking “I Agree” constitutes a legally binding electronic signature, that this Agreement is the equivalent of a signed writing, and that it is enforceable under the federal E-SIGN Act and applicable state electronic signature laws. CEG may rely on the registration record as conclusive evidence of Participant’s acceptance.
15. Changes to the Agreement
CEG may update this Agreement from time to time for future cohorts. The version of this Agreement in effect on the date Participant clicks “I Agree” governs Participant’s participation in the corresponding cohort. CEG will not change material terms applicable to a Participant after registration without that Participant’s consent.
16. Miscellaneous
This Agreement (together with the documents it incorporates) is the entire agreement between the parties regarding the Program and supersedes all prior or contemporaneous understandings. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in full force. Failure to enforce a provision is not a waiver. Participant may not assign this Agreement; CEG may assign it in connection with a merger, acquisition, or sale of all or substantially all of its assets. The parties are independent contractors; nothing creates an agency, partnership, or employment relationship. Sections 4, 5, 7, 8, 9, 10, 13, and 16 survive termination or expiration.
17. Contact
Questions about this Agreement may be directed to Change Enthusiasm Global, LLC at support@changeenthusiasmglobal.com or www.changeenthusiasmglobal.com.