This Terms and Conditions Agreement
("Agreement") is a legal contract between you and Agent Training
for participation in Agent Training’s in-person and online
seminars. YOUR REGISTRATION FOR AGENT TRAINING SEMINARS SHALL BE
DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH
BELOW. AGENT TRAINING MAY MAKE CHANGES TO THE CONTENT AND SERVICES
OFFERED ON ITS WEBSITE OR IN ITS CLASS OFFERINGS AT ANY TIME. AGENT
TRAINING CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED
TERMS OF USE ON ITS WEBSITE AND/OR BY SENDING REGISTERED USERS AN
EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO
YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING
THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE
CHANGE.
BY CLICKING THE [ACCEPT] ICON BELOW, YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT, INCLUDING THE TERMS, CONDITIONS,
LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW.
RESTRICTIONS: You must be 18 years or old to participate in Agent
Training seminars. By accepting this agreement, you acknowledge
that you are 18 years or older. In addition, you acknowledge that
some of the discussions may include mature themes related to
business realities of the modeling world. Agent Training has the
right, in its absolute discretion, to refuse registration to any
person for any reason.
PASSWORD RESTRICTION. You may register for a password to login to
the Agent Training website and to use certain functions and areas
within this Site. You are responsible for maintaining the
confidentiality of your password and account, and agree to notify
Agent Training if your password is lost, stolen, or disclosed to an
unauthorized third party, or otherwise may have been compromised.
You are responsible for all activities that occur under your
account. You agree to immediately notify Agent Training of any
unauthorized use of your account or any other breach of security
known to you.
PRIVACY POLICY: Your participation with Agent Training is governed
by the Privacy Policy which is available from the home page of the
Agent Training website.
INTERNSHIP SELECTION: Agent Training has arranged for internships
with top modeling agencies. Nonetheless, you acknowledge that the
availability of these internships may be subject to acts which are
beyond the reasonable control of Agent Training. In the event you
are selected for an internship, Agent Training will arrange for
your introduction to the modeling agency; thereafter, once you are
hired, Agent Training shall not bear any responsibility for your
continued participation in the internship or for any of the terms
and conditions of that internship once you have been hired. All
travel, accommodations or expenses related to obtaining or
maintaining the internship are solely the responsibility of the
student. Internships are only offered to students participating in
person at Agent Training seminars. The Agent Training instructor
will, in his or her absolute discretion, determine students who
qualify as a “top student” for eligibility for the internship based
on written and oral examination as well as in-class participation.
The Agent Training instructor may also, in his or her absolute
discretion, determine that no student has met the requirements of a
“top student.”
REFUND POLICY: Due to the limited seating in each classroom and the
fact that other students, both in person and online, are routinely
turned away once a class is full, no refunds will be issued to
students except as follows: With respect to in person seminars, a
50% refund will be issued for cancellations that are made no later
than 14 days prior to the date of the course. For online
participants, a 50% refund will be issued for cancellations made no
later than 72 hours prior to the date of the course. We will make
our best efforts to issue all refunds within fourteen (14) business
days of the date of your cancellation.
COURSE MATERIALS: Agent Training seminars were developed by
experienced instructors with significant experience as agents in
the modeling world. Notwithstanding, the seminar materials are the
opinions of these instructors based on their experience, and
therefore do not constitute the only means by which you may become
a modeling agent or attract modeling clients. Agent Training cannot
guarantee a particular result regarding your own experience as a
modeling agent or the best path you might take in your career.
PHOTO, VIDEO AND PUBLICITY RELEASE: As part of providing its
seminars to online participants, as well as marketing the seminars
to other participants, Agent Training will be recording each
seminar. These recordings may include your name, likeness and/or
voice in digitized video, videotape, DVD, film, still-images,
photo, multimedia, audio and/or any other electronic or analog form
(the “Image”).
If you are a student attending any seminar in person, you grant to
Agent Training, as well as anyone to whom Agent Training assigns,
grants or licenses these same rights, permission to record the
Image of your participation in the seminar. You understand that,
once created, all right, title and interest, including the
copyright, in these Images and any related sound files shall belong
to Agent Training, and that Agent Training may use, edit, modify,
license, transfer or dispose of these images without limitation, in
any language and media now known or hereafter developed, including
in print publications, audio and video recordings and electronic
uses, or on the Internet. You represent that none of these Images
have previously been assigned to any other party, including a
talent agency, manager, talent guild or any other person or entity
who would be entitled to receive royalties for your appearance in
these recordings.
You hereby release and discharge each of Agent Training and its
respective agents, employees, licensees, directors, officers,
assigns and any end user viewing or using the image rights from any
and all claims, losses, demands, damages, royalties, liabilities,
costs and expenses, including reasonable attorneys’ fees and
expenses, which you may now have or may hereafter have by reason of
the use of your name, likeness, voice in connection with the
recordings, including but not limited to any alleged violation of
the right to privacy and/or any alleged claim for any distortion or
illusionary effect resulting from the publication of the
Images.
OWNERSHIP OF WORK: All right, title and interest to the Images
created during each of the Agent Training Seminars, as well as all
right, title and interest to any training materials, whether
written or orally described, shall belong exclusively to Agent
Training, including any of the underlying rights to patent,
copyright, trademark and trade secret necessary or related to the
Images, materials, ideas, methods, concepts, know-how and
techniques encompassed therein. Agent Training grants you a
limited, personal, non-exclusive and non-transferable license to
use and to display its rights solely for your educational purposes.
Except for the license set forth in the preceding sentence above,
you acknowledge and agree that you have no right to modify, edit,
copy, record, capture reproduce, create derivative works of,
reverse engineer, alter, enhance or in any way exploit any of the
Images, materials or rights in any manner. This limited license
terminates automatically, without notice to you, if you breach any
of these terms. You expressly acknowledge that you will not in any
way attempt to capture and reproduce or distribute any of the
Images or materials to any other person.
LIMIT OF LIABILITY: Agent Trainings liability for any loss caused
by any breach or other cause or matter related to its obligations
under this Agreement shall be limited to the total amount paid to
Agent Training by the student. Agent Training shall not have any
liability with respect to its obligations under this Agreement for
consequential, exemplary or incidental damages, including, without
limitation, damages resulting from loss of data or use, lost
profits and claims, actions or demands against customer by any
third party, even if Agent Training has been advised of the
possibility that such damages may be incurred.
FORCE MAJEURE: Agent Training shall not be liable for any delays in
the performance of any of its obligations hereunder due to causes
beyond its reasonable control, including issues that arise with the
transmission of its seminars over the Internet due connectivity
issues or issues caused by its host provider.
NO WARRANTIES: All warranties of any kind or nature, whether
express or implied, including, but not limited to, any warranties
of merchantability or fitness for a particular purpose, or any
warranty with respect to the quality, accuracy, or freedom from
error in the operation, use, and function of the Agent Training
website or live classroom feed, are expressly excluded by Agent
Training.
TERMINATION: Agent Training may, in its absolute discretion,
terminate a student’s right to participate in the seminars, whether
in-person or online, at any time and for any reason. In such an
event, Agent Training will refund a pro rata share of the student’s
tuition within fourteen (14) business days of termination.
GENERAL: If you violate these terms, Agent Training may terminate
and/or suspend your access to the seminars without notice.
California law and controlling U.S. federal law, without regard to
the choice or conflicts of law provisions, will govern these terms.
Any disputes relating to these terms or the seminars will be heard
in the courts located in Los Angeles County, California. If any of
these terms is found to be inconsistent with applicable law, then
such term shall be interpreted to reflect the intentions of the
parties, and no other terms will be modified. Agent Training’s
failure to enforce any of these terms is not a waiver of such term.
These terms are the entire agreement between you and Agent Training
and supersede all prior or contemporaneous negotiations,
discussions or agreements between you and Agent Training. The
proprietary rights, disclaimer of warranties, representations made
by you, indemnities, limitations of liability and general
provisions shall survive any termination of these terms.