Hyper Fight Club & Hyper Bully Defense
This License Agreement (“License”) is made between you (“Licensee”) and Hyper Martial Arts LLC (“Licensor”). By clicking “I ACCEPT” or by or using the Licensed Hyper Fight Club & Hyper Bully Defense Materials (defined below), Licensee accepts the terms of this License. If Licensee does not agree to the terms of this License, click the “CANCEL” button.
Grant of License to Hyper Fight Club & Hyper Bully Defense Materials
Subject to the terms of this License, Licensor hereby grants to Licensee a non-exclusive, worldwide right and license to use all or any part of the following Hyper Fight Club & Hyper Bully Defense Materials:
Hyper Fight Club & Hyper Bully Defense Workouts & Training Sessions
Hyper Fight Club 3-Month Curriculum Modules
Hyper Fight Club & Hyper Bully Defense Coaches Huddles
Hyper Fight Club & Hyper Bully Defense Pro Combinations and Training Techniques
Hyper Fight Club & Hyper Bully Defense *Marketing and Enrollment Tools
Hyper Fight Club & Hyper Bully Defense**Special Events
Licensee may use Hyper Fight Club & Hyper Bully Defense Materials and related marketing materials provided to Licensee to market the Hyper Fight Club & Hyper Bully Defense workouts, special events, workshops, challenges and contests exactly in the form as provided by Licensor. Modifications of Hyper Fight Club & Hyper Bully Defense special event posters and marketing materials are limited only to the addition of licensee’s business mark, contact information and or date of special events. Modification to any video media commercials is strictly prohibited. Licensee may put licensee’s business mark, contact information and or date of special events before or after any provided video media commercial materials.
Licensee may not change, alter or use any spokeperson, talent, pro trainers, model’s name or picture.
** Hosting and marketing special events are limited to students, families and friends of students. Rights to the use, marketing and promotion of the name Hyper Games and Hyper Camps is strictly prohibited without the prior written consent from Licensor.
Benefits to Licensee
Access to Hyper Fight Club & Hyper Bully Defense Educational Website
Use of Hyper Fight Club & Hyper Bully Defense Materials for the Hyper Fight Club & Hyper Bully Defense program. Promote and teach Hyper Fight Club & Hyper Bully Defense Classes and workshops, Hyper Fight Club & Hyper Bully Defense Events, Hyper Camps at a single Licensee business location only.
Hyper Fight Club & Hyper Bully Defense License Enrollment, Length of Agreement and Payments
Initial Enrollment Minimum
Initial enrollment length of the Hyper Pro Training License program is a 6 months minimum and can be cancelled anytime after the initial 6 months/180 days has expired under the proper cancellation of license herein this agreement. Initial payment is made at enrollment and License fees/payments are automatically drawn every 30 days from the date enrolled.
Termination of License
All benefits of license to Licensee are terminated immediately if license fee is delinquent or any part of this license agreement is violated. In addition, Licensor may terminate this License for any reason or no reason on 60 days’ written notice. Licensee has 60 days to stop using and completely remove all Hyper, Hyper Fight Club & Hyper Bully Defense materials, names, marks, posters and marketing materials from location and advertising strategies. Licensee is responsible for any payments due during this 60-day period.
Cancellation of Licensee and Agreement
Licensee must provide a 60-day cancellation notice by,
1) Cancelling license online at Hyper Pro Training
2) E-mail cancellation to staff member at Hyper Martial Arts
Both tasks are required by Licensee to deem license cancelled. Hyper staff members are not responsible for cancelling license online. Licensee is responsible for making all payments during this 60-day cancellation period.
Limited to One Location; Not Assignable; Intellectual Property
License is for one (1) business location of Licensee only. License benefits, trade secrets, materials, curriculums etc may not be shared with or used at any other location or business. Licensee may not assign or transfer this License. As between the parties, Licensor owns all right, title, and interest in and to the Licensed Tracks. Except as expressly set forth in this License, nothing contained herein shall be deemed to convey or transfer to Licensee any interest, including copyright, in any licensed materials hereunder. All rights not expressly granted by Licensor to Licensee pursuant to this License are specifically reserved by Licensor.
Misuse of License, Name and Mark
Licensee may not use License, Name or Mark:
• In your corporate or legal name
• To incur or fulfill an obligation or indebtedness
• In any manner that is inconsistent with provisions of the license agreement without the express written consent of Hyper Martial Arts LLC
• To identify yourself, business or legal fiction as the owner of Hyper Martial Arts LLC, Hyper Pro Training, Hyper Fight Club & Hyper Bully Defense or any employee of Hyper
• Failure to identify yourself as a “licensee of the program, mark or license” on any invoices, forms, business stationary, receipts, or other printed material used in the operation of the licensed business.
Limitation of Liability
LICENSOR’S MAXIMUM LIABILITY TO LICENSEE UNDER ANY CIRCUMSTANCES IS LIMITED TO THE AMOUNT OF THE FEE LICENSEE PAID FOR THE LICENSE.
Release of Liability & Disclaimer
The Hyper Fight Club & Bully Defense techniques are vigorous & dangerous physical activities. Before participating in this or any other physical instructional program we recommend you consult with a physician or other health care provider.
The information contained in this Program/Website/Videos Hyper Fight Club & Bully Defense is offered for information purposes only and no other purpose. Any application or use of the recommendations, techniques and advice set forth on the Hyper Fight Club & Bully Defense Program is at the viewer’s discretion and at their sole risk. Neither Hyper LLC, Hyper Fight Club, Hyper Bully Defense nor any related or affiliated company or person, including without limitation any employee, contractor, instructor, writer, producer or representative thereof, shall be liable for any injuries or damages of any kind that result from the use, misuse, or inability to use, the techniques or materials in this Hyper Fight Club & Bully Defense Program, even if any of the foregoing have been advised of the possibility of such injuries or damages.
The techniques contained in the Hyper Fight Club & Bully Defense Program/Video should only be practiced or conducted with adult and professional supervision.
All techniques and advice contained in this Hyper Fight Club & Bully Defense Program are subject to local, state and federal laws. It is the buyer’s and viewers responsibility, not the seller’s, to ascertain and comply with all applicable local, state and federal laws regarding the use of any and all techniques and advice contained herein.
If you are unsure, please consult your local or state authorities.
This License: (a) is severable; and (b) is binding on permitted successors and assigns. In any dispute arising out of or relating to this License, the substantially prevailing party shall be entitled to its reasonable attorneys’ fees. No modification or waiver of this License will be binding unless made in a writing signed by Licensee and one of Licensor’s duly authorized representatives. No failure by Licensor to exercise a right or remedy shall be deemed a waiver of any further right or remedy.