1. Background. THE PT HUSTLE LLC, a Florida limited liability company (“PT Hustle”), provides exam preparedness assessments and test preparation services for the National Physical Therapy Exam (“NPTE”). The student identified in Section I on the previous page of this Agreement (“Student”) is an aspiring physical therapist or physical therapist assistant who plans to take the NPTE. Student desires to obtain the exam preparedness assessment and/or test preparation services indicated in Section II on the previous page of this Agreement (the “Services”) from PT Hustle and PT Hustle desires to provide the Services to Student.
2. Scheduling. The date and time for the provision of all Services shall be set in advance by mutual agreement of PT Hustle and Student. PT Hustle reserves the right to cancel and reschedule Services at any time. Student may cancel or reschedule Services with at least 24 hours’ prior notice to PT Hustle without charge. However, PT Hustle may charge Student an additional $25.00 each time Student cancels or reschedules Services within 24 hours or misses scheduled Services.
3. Termination. PT Hustle may terminate this Agreement without cause by written notice to Student prior to the provision of Services. Student may terminate this Agreement without cause by contacting PT Hustle at (904) 990-3839.
4. Limited Refunds. For Evaluation(s) and Additional Mentorship Session(s), all sales are final and PT Hustle does not offer refunds. If a Student is not satisfied with the Individualized Prep Program, PT Hustle will refund the payment made (or the initial installment payment made, if applicable) for the Individualized Prep Program provided that Student makes a written refund request no later than 30 days after the date of the payment requested to be refunded.
5. Technology. Student acknowledges that Student is responsible for obtaining and maintaining the necessary technology to access the Services via GoToMeeting and/or Skype. PT Hustle shall not be responsible for providing any computer, internet or other devices or technology support to Student.
6. Confidentiality and Nondisclosure. Student shall keep confidential, and shall not disclose to any other person or entity or use for any purpose other than Student’s own preparation for the NPTE, (i) all Evaluation, Program, and Mentorship Session content and materials provided to Student by PT Hustle (the “Content”) and (ii) the terms of this Agreement.
7. Copyright. Student acknowledges that (i) PT Hustle owns all rights, title and interest in and to the Content, (ii) the Content is protected by copyright laws, and (iii) Student shall not share, sell, copy, record or reproduce the content.
8. Disclaimers and Limitation of Liability. PT HUSTLE MAKES NO WARRANTY OR REPRESENTATION AS TO THE SUITABILITY OR QUALITY OF THE SERVICES OR CONTENT AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANYTHING DONE OR OMITTED IN RELIANCE UPON THE SERVICES OR THE CONTENT. STUDENT SHALL HAVE SOLE RESPONSIBILITY FOR FULFILLING ANY REQUIREMENTS OR ACCOMPLISHING ANY OBJECTIVES FOR WHICH STUDENT PURCHASED ANY OF THE SERVICES, INCLUDING PASSING OR ACHIEVING A PARTICULAR SCORE ON THE NATIONAL PHYSICAL THERAPY EXAMINATION. PT HUSTLE EXPRESSLY DISCLAIMS, AND STUDENT HEREBY EXPRESSLY WAIVES, ALL IMPLIED WARRANTIES OR REPRESENTATIONS RELATING TO THE SERVICES, INCLUDING THE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PT HUSTLE SHALL NOT BE LIABLE TO STUDENT FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, REPUTATIONAL, PSYCHOLOGICAL, EMOTIONAL DISTRESS, INDIRECT OR ANY OTHER SIMILAR DAMAGES EVEN IF PT HUSTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGERS OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN NO CASE SHALL PT HUSTLE’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE PAYMENT IN SECTION III ABOVE.
9. Arbitration. ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT, OTHER THAN DISPUTES RELATING TO INTELLECTUAL PROPERTY INFRINGEMENT, INCLUDING WHETHER THE DISPUTE IS ARBITRABLE AND THE SCOPE OF THIS ARBITRATION AGREEMENT, SHALL BE FINALLY RESOLVED BY ARBITRATION ADMINISTERED BY A SINGLE ARBITRATOR UNDER THE THEN-APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE THE FEDERAL ARBITRATION ACT. THE ARBITRATION SHALL BE GOVERNED BY AND CONSTRUED BY FEDERAL LAW TO THE FULLEST EXTENT POSSIBLE. UNLESS OTHERWISE AGREED BY THE PARTIES, THE ARBITRATION SHALL TAKE PLACE IN DUVAL COUNTY, FLORIDA. JUDGMENT ON THE ARBITRAL AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. STUDENT AND PT HUSTLE EACH WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY SUIT, ACTION, CLAIM OR PROCEEDING SUBJECT TO THIS PROVISION.
10. Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STUDENT AND PT HUSTLE EACH WAIVE ANY RIGHT OR ABILITY TO BE A CLASS OR COLLECTIVE ACTION REPRESENTATIVE OR TO OTHERWISE PARTICIPATE IN ANY PUTATIVE OR CERTIFIED CLASS, COLLECTIVE OR MULTI-PARTY ACTION OR PROCEEDING BASED ON A CLAIM IN WHICH THE OTHER PARTY OR A RELATED ENTITY IS A PARTY. STUDENT AND PT HUSTLE EACH AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. FURTHER, UNLESS BOTH STUDENT AND PT HUSTLE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ENTITY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER A REPRESENTATIVE OR CLASS PROCEEDING.
11. Notices. All notices or other communications pursuant to this Agreement shall be in writing and shall be deemed to be sufficient if delivered personally, sent by electronic mail, sent by nationally-recognized overnight courier, or mailed by registered or certified mail (return receipt requested), postage prepaid, to Student at the address or e-mail address in Section I above or to PT Hustle at 382 NE 191st Street, #42324, Miami, Florida 33179 or [email protected] (or at such other address for a party as shall be specified by like notice).
12. Governing Law. This Agreement shall be governed according to the laws of the State of Florida, and venue for any litigation involving this Agreement shall be exclusively in the state and federal courts located in Duval County, Florida.
13. Construction. The parties acknowledge that they have had the opportunity to be represented by counsel and that they have participated in the drafting of this Agreement. Accordingly, the parties agree that the provisions of this Agreement are not to be construed in any way against or in favor of any party hereto by reason of the responsibilities of the parties in connection with the preparation of this Agreement. In addition, unless the context requires otherwise: (a) references to any party to this Agreement include references to its respective successors and permitted assigns; (b) references to any document (including this Agreement) are references to that document as amended, consolidated, supplemented, novated, or replaced by the parties from time to time; and (c) the word “including” means “including without limitation.”
14. Entire Agreement. The Agreement contains the entire agreement of the parties hereto and supersedes any prior agreement (written or oral) between the parties. Any changes to this Agreement must be in writing and signed by both parties.
15. Severability. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such provision shall be severed from this Agreement and the remainder of the Agreement shall be deemed to continue to be binding upon the parties hereto in the same manner as if the illegal, invalid or unenforceable provision(s) were not a part of this Agreement.
16. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their successors and permitted assigns. No party may assign or subcontract its rights or delegate its obligations under this Agreement, in whole or in part, without the prior written consent of the other party. Any attempted assignment or delegation in violation of the provisions of this Agreement shall be void ab initio.