General Terms & Conditions
General Terms & Conditions of Services of the PMA Institute
Hereinafter referred to as PMA:
1. Registrations, Cancellations and Payments
1.1. PMA warrants that its services will be provided with reasonable skill and care by coaches and trainers who are professional and experienced.
1.2. Registration and/or online enrollments are binding. The client declares to attend the selected service following the terms and conditions of service. Unless otherwise agreed between parties, any seminar deposit has to be paid in advance, according to the data on the bill, at the latest two weeks prior to the seminar. Attendees can only obtain access to a seminar when the full deposit amount has been met.
1.3. After written and/or online registration, attendee receives confirmation, invitation, and/or invoice of the selected service or product. Payment should take place no later than 14 days after the invoice and/or commencement of any service unless otherwise agreed in writing. PMA reserves the right to suspend its services or terminate a contract if charges are overdue for payment.
- Easy pay plans
By selecting an easy-pay plan the client understands that, once checkout is completed, the easy-pay plan is a binding contract of payment for the selected product, provided by the PMA Institute. The client understands that failure to make payments according to this agreement can result in legal action. If the client foresees a problem making a payment he/she agree to contact the PMA Institute as soon as possible to discuss it.
1.4. If the client wishes to cancel or fails to comply with (part of) a contract, the client is obliged to pay 100% of the already completed portion of the contract. In case no cancellation has been given, the client is obliged to pay 100% of the remaining portion of the contract.
- Cancellations or rearrangement of coaching services must be made 24 hours in advance. There will be no refund or credit for cancellations made less than 24 hours prior to a scheduled session.
- The enrollment deposit of the PMA Coach Education is non-refundable.
- For all other seminars, cancellation is accepted without charge for up to four weeks before the start of the seminar. After that, 25% of the seminar amount is due with each successive week: Cancellation within four weeks before start of the seminar: 25% - Within three weeks: 50% - Within two weeks: 75% - Within one week: 100%.
- In the event a client is unable to participate in the seminar, another person may take his or her place. Placement into a future seminar may be possible in consultation.
1.5. When predetermined service dates (for example, seminars, coaching sessions, etc.) change or discontinue by force majeure, the paid amount minus the executed portion of the contract will be credited to the client. For example: In case of sickness, temporary or permanent incapacity of the PMA Trainer and the absence of an available substitute, too few seminar attendees, etc., PMA and/or the PMA Trainer/Coach is not liable for delay/termination of a service as a result of force majeure. However, PMA shall in every case inform the client before the scheduled service.
1.6. Travel, transportation, and lodging costs and any additional costs beyond the agreed amount are always paid for by the client.
1.7. Prices do not include sales tax (if applicable).
1.8. If the client does not comply with the terms and conditions of service, in part or in whole, or otherwise damages the good name and reputation of PMA or the PMA method, whether intentionally or not, or misbehaves during a service (for example: seminars, coaching sessions, etc.), as determined by PMA and/or the PMA Trainer/Coach, PMA and/or the PMA Trainer/Coach has the right to refuse the client access to this service or to send the client away. In that case, the client is required to fully and completely return all information provided by PMA immediately and without delay. The client will return these goods at the address given by PMA. In case of refusal of access, the client may not demand any indemnification from PMA and/or the PMA Trainer/Coach.
2. Guarantee Energy Expander Program
2.1. PMA ensures that the attendees, who currently do not participate in the workforce due to burnout or overstrain, will be able to resume their work within three months due to participation in the PMA Energy Expander Program (also known as the Anti-Burnout Program).
2.2. PMA provides a ‘Money Back’ guarantee of the actual cost of the four-day program, excluding travel and lodging expenses.
2.3. This guarantee is given under the condition that the attendee shows complete willingness and participates in all parts of the program and subsequent coaching sessions without hesitation. Full cooperation means the attendee:
- Is present during all the hours of the program;
- Participates in all exercises during the four-day program;
- Follows the instructions of the PMA Trainer/Coach in the sessions, during the training course as well as during the coaching sessions thereafter;
- Is willing to answer all relevant questions during a session truthfully, without resistance or taboo; and
- Is not asked to cooperate in any other exercises than written and verbal exercises.
3. QuickScan and Management Support Program
3.1. With the execution of these services PMA will charge travel and lodging expenses, unless otherwise agreed in writing. Travel costs are calculated starting at 10 miles from the PMA Trainer/Coach’s location and at an amount of $0.30 per mile or the actual cost of traveling by public transportation (first class). Reimbursement is only charged for expenses necessary for the execution of the contract and actual costs (equipment, third-party fees, photocopying, postage, etc.).
3.2. The parties may agree on a fixed fee or an hourly fee based on the actual hours spent on the contract for the period in which the work is done. The prices as documented in the quote or other agreement between the parties hold true for all contracts. When PMA and the client determine a fixed fee or hourly rate, PMA holds the rights to increase this fee or rate if it is compelled by identifiable and reasonable circumstances or facts. PMA will provide the client with this information in advance.
4. Emotional Depth
4.1. PMA has a profound emotional depth; strong emotional reactions may come up that will be physically felt. The client is personally responsible for any changes in his or her behavior and/or results of this behavior. PMA and/or the PMA Trainer/Coach are never responsible for the physical or emotional changes or symptoms that may occur during or after a PMA service (for example: seminars, coaching sessions, etc.).
4.2. A PMA Trainer and/or PMA Coach is not a doctor and cannot prescribe medications, make a medical or psychological diagnosis, perform medical acts of any kind, and/or advise the client in respect of medical and/or legal issues. The client is personally responsible for his or her own health.
5. Obligations
5.1. The client is not allowed to use the PMA method and/or techniques as listed in the material as presented by PMA in word and writing to conduct a course or seminar or training – under the same or a different name or with use of the same or other nomenclature – other than allowed by PMA. Courses/seminars/trainings in PMA can only be done by PMA and/or persons authorized by PMA in writing.
5.2. The client is not allowed to use brand names and other things that belong to PMA without written permission from PMA.
5.3. PMA always promises no more than commitment. All PMA-deployed trainers and coaches are expected to put the best of their talents, time, and energy to use for the success of a contract. The client is fully responsible for the progress, effects, and results of the selected products and services at all times.
6. Confidentiality
6.1. Both parties are obliged to keep confidential all information obtained in the course of their agreement, whether obtained directly or through other sources. Information shall be considered confidential if it is communicated by the other party or if it arises from the nature of the information.
7. Implementation
7.1. In carrying out a contract, PMA is obliged to put to use the best of its knowledge and ability and act in accordance with the requirements of good craftsmanship and expertise. Achieving the desired result can not be guaranteed by PMA. If and when a good implementation of the agreement is required, PMA reserves the right to let all the work, or a portion of the work, be carried out by one of its employees, coaches, or trainers. Execution of a contract will take place in consultation with the client in locations to be designated by PMA. PMA will base itself on the information provided by the client and/or on the devices that are deemed necessary and desirable for the execution of the contract. If the client does not furnish the necessary information and/or devices in a timely manner and/or furnished them in an incomplete manner, PMA may suspend the execution of the contract and/or charge any costs resulting from the delay to the client.
8. Complaints
8.1. The client must present any complaints about the executed work within 8 days after discovery in a written report to PMA, but no later than 14 days after completion of this work. If a complaint has been declared well-founded, PMA will execute the work as agreed, unless the client has proven this has become pointless and has confirmed this in writing. If the incomplete agreed work is no longer possible or useful, PMA can only be held liable within the limits of Article 9 and 10.
9. Liability
9.1. PMA is liable for shortcomings in the fulfillment of its obligations to the extent that they reasonably should be attributed to PMA and also result from neglect by PMA in applying the expected care and expertise. PMA is not liable for damages of any kind when the execution of a contract is based on incorrect and/or incomplete information and/or devices provided by the client. The liability is always limited to the amount that PMA has received from the client.
9.2. PMA and/or the PMA Trainer/Coach is never liable toward the client (so, neither in case of force majeure, shortcomings in the fulfillment of any obligation, unlawful act, inaccurate advice, etc.) to pay any compensation and/or penalty. When it is declared that the aforementioned total exclusion of liability cannot continue, the amount to be paid by PMA in respect of compensation and/or penalty can never be higher than the amount PMA has received from the client. In all cases, the liquidated damages to be paid by PMA will never exceed $5,000 or the amount paid under the contract. Furthermore, in all cases PMA is never liable for indirect and/or consequential damage, including stagnation in the regular course of business in the client’s company.
10. Disputes
10.1. PMA is legally entitled to charge the client, without further notice or summons, a fine for all amounts that are not paid within the agreed deadline. This fine consists of the legally permitted interest in accordance with the regulations of the state of Florida; the minimum fine is $150. The interest is calculated from the due date until the date that the full amount has been paid. Possible penalties will be charged to the client in separate invoices. All judicial and extrajudicial (collection) costs incurred by the failure to pay, plus the legal interest due, are charged toward the client. In the event of liquidation, bankruptcy or suspension of payments, the obligations of the client toward PMA will be immediately due and payable. For lack of payment, the implementation of a contract can be suspended by PMA.
10.2. PMA is liable to a maximum amount equal to the received amount of the total contract. Any claims made by the client or his or her representatives can never exceed this amount.
11. Execution of These Terms and Conditions of Service
11.1. These terms and conditions of service apply to all services and products of PMA and to any agreement made between PMA and the client if the parties have not deviated from these conditions expressly and in writing. The conditions also apply to all contracts with PMA when the execution is made by a third party.
11.2. In the case that one or more of these terms become disempowered, the other terms shall not be impacted by that. PMA and the client shall agree upon a substitute term, which comes closest to the discontinued term. This agreement is based on the law of the State of Florida. Venue for any legal dispute between parties will be Osceola County Court, Florida. PMA is also entitled to submit disputes to another competent court.
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