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 Pro School 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 Pro School 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 Pro School Materials:
- Hyper Pro Training Workouts
- Hyper Pro School 3-Month Curriculum Modules
- Hyper Pro Training Mindset
- Hyper Pro Training Forms and Weapons Forms
- Hyper Pro Training Instructor Corner
- Hyper Pro Training Kicks and Combinations
- Hyper Training Kicks and Combinations
- Hyper Pro Training *Marketing and Enrollment Tools
- Hyper Pro Training **Special Events
- 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 Pro School Materials and related marketing materials provided to Licensee to market the Hyper Pro School workouts, special events, challenges, and contests exactly in the form as provided by Licensor. Modifications of Hyper Pro School 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 spokesperson, talent, 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 Pro Camp is strictly prohibited without the prior written consent from Licensor.
Benefits to Licensee
Access to Hyper Pro School Educational Website
Use of Hyper Pro School Materials for the Hyper Pro Training program. Promote and teach Hyper Pro Training Classes, Hyper Pro Training Events, Hyper Camps, Hyper Fight School Classes, Hyper Fight School Events, and Hyper Fight School Camps at a single Licensee business location only.
Hyper Pro School License Enrollment, Length of Agreement and Payments
Initial enrollment length of the Hyper Pro Training License program is a 6 months minimum and can be canceled 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. Notice of termination of enrollment is further addressed under Cancellation of Licensee and Agreement
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 Pro Training and Hyper Fight School and Hyper Fight Club 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) Canceling license online on Membership Account Dashboard
2) E-mail cancellation to staff member at Hyper Martial Arts
Both tasks are required by Licensee to deem license canceled. Hyper staff members are not responsible for canceling 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 School, or any employee of Hyper
- Failure to identify yourself as a “licensee of the program, mark or license” on any invoices, forms, business stationery, 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.
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 writing signed by the Licensee and one of the 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.