These terms and conditions apply between M&BTA, LLC and those persons registering for and participating in the Businesses' events ("Customer").
1. REGISTRATION; ACCEPTANCE OF CUSTOMER: a. Registration is on a first-come, first served basis. Early registration helps to ensure availability. A minimum of 25 students is required in order for class to run. M&BTA reserves the right to substitute Instructors, presenters, facilities if the class is Instructor Lead, and/or any Course to be offered Online at any time. By registering for this course, Student represents, warrants and ensures that he/she is physically and mentally able to participate in the program for which he/she is registering and/or any others in which Customer may participate. Customer understands that this registration is non-transferrable and non-assignable and that any other person(s) wishing to attend the class must register in their own name(s). If you have any questions concerning the Event, please contact the M&BTA, LLC directly at 855-282-6282 Ext 101.
b. By registering for this Class, Student agrees to fully and completely comply with all terms and conditions hereof and the M&BTA's rules and regulations. M&BTA reserves the right to refuse attendance or participation to any individual at any of its Course offerings. Failure to comply with M&BTA's rules and regulations is grounds for immediate dismissal from the Class. Persons dismissed from the Class shall not be entitled to a refund or cancel any unpaid balance due. Customer's failure or inability to use all of the facilities, classes or services offered at the Online Class for any reason, except as otherwise provided herein does not relieve or suspend the Student's obligation to make all payments required hereunder on a timely basis, nor entitle the Student to a refund or credit. Student understands and agrees that payment for the Class is not a guarantee or promise of satisfaction. However, the exception is if student does not pass the National Exam we will identify the deficits and work with the student to ensure a passing score. The Student is responsible for the re-test fees for any proctored exam. M&BTA will support the student in re-training but will not absorb any additional testing fees for National Certification Testing.
2. BILLING AND PAYMENT: Billing and payment processing for M&BTA's classes is performed by Member Solutions, Inc. ("MSI"), and this contract is specifically assigned to MSI for all such purposes. Student knowingly and irrevocably authorizes MSI to charge electronically Students bank account and/or credit card for any and all amounts due for Student's, and anyone registering under Student's, attendance and participation in the Course. The phrase "8882448044 ONLINE REG FEE" will appear on your bank or credit card statement. Any returned payment will be assessed a $25.00 fee. Any unsuccessful electronic transaction is subject to a $10.00 processing fee. MSI is not responsible for any bank fees incurred by Student. MSI has the sole right to resubmit returned or declined items (plus applicable fees) without prior notice. BILLING INQUIRIES -- 888-244-8044 or by mail to PO Box 297, Hatboro, PA 19040.
3. CUSTOMER'S RIGHT TO CANCEL: If you wish to cancel your registration, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to MSI and M&BTA. If your notice of cancellation is received more than 10 days prior to the Class , no administrative fee will be charged. Any cancellation received 10 days or fewer before the Class shall result in a per person administrative fee equal to the lesser of $25 or 30% of the Class cost. MSI is not responsible for any refunds. Student further agrees that once the registration is submitted, this Agreement is a legally binding and enforceable obligation of Customer.
4. RELEASE; INDEMNIFICATION: Student understands and agrees that his/her participation in and attendance at the scheduled Class is knowing and voluntary. Student understands and agrees that strict observation of the Class rules and regulations is required and that use of the Online application or tools and the Student's presence at the Class are at the sole risk of the Student. Student indemnifies and holds harmless M&BTA and MSI, and their officers, directors, employees and agents from and against any claims, demands, actions, liabilities, damages, costs or expenses, including court costs and reasonable attorneys' fees arising out of or relating to: (i) Student's participation in the Event; (ii) claims against M&BTA and/or MSI by any third parties arising from or related to M&BTA's or MSI's actions and/or omissions, (iii) claims relating to any violation or alleged violation by M&BTA and/or MSI and/or any third party of the applicable laws relating to the conduct of the Class; and/or (iv) claims arising from or relating to M&BTA' and/or MSI's performance of its obligations hereunder. Student specifically understands and agrees that he/she is assuming the risk of any and all injuries that he/she may suffer or incur as a result of his/her registration and/or participation in the Class. Student's indemnification obligations shall survive the expiration or termination of this agreement.
5. COPYRIGHT; USE OF IMAGES: This Event is copyrighted by M&BTA. Video, audio and/or any other means of recording of this Event by Student are strictly prohibited. Violators will be dismissed from the Class and M&BTA reserves all legal rights to pursue civil remedies. To inquire about obtaining a professional recording of the Class, please contact M&BTA. Student, for him/herself and his/her/its officers, directors, employees, agents, representatives, successors, assigns, heirs, executors and administrators hereby irrevocably consents to the unrestricted use by M&BTA, its advertisers, clients, customers, successors and assigns, of Student's name, likeness, statements, photograph or motion picture, for advertising, sale, marketing, promotion or any other purposes of trade and Student waives the right to inspect or approve such completed images used in connection therewith. Student grants to M&BTA the exclusive right to exploit and license or assign for exploitation all such matter or any approved derivatives thereof in any manner in any medium or field of use, in the form delivered.
6. UNAVAILABILITY; FORCE MAJEURE: M&BTA will use commercially reasonable efforts to hold the Class. However, under no circumstances will M&BTA be held responsible for unavailability caused by circumstances beyond M&BT's reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems nor can any reservation be cancelled, altered or amended once the Class has commenced on the basis of circumstances beyond M&BTA's reasonable control.
7. COMPLIANCE WITH LAWS: This Agreement shall be governed by the laws of the State in which M&BTA is located. All rights and obligations of the M&BTA and Student under this Agreement are subject to all applicable federal, state and local laws and regulations. These terms and conditions shall be deemed revised to conform to applicable statutes, rules and regulations. M&BTA and/or MSI may modify the terms and conditions stated herein at any time in their sole and absolute discretion. Customer shall be bound by the modified Agreement and agree that no other modifications shall be enforceable. This Agreement constitutes the entire Agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach.
Medical and Business Training Associates