Certified Pool Operator Training

1. ACCEPTANCE. By executing this Agreement, Client agrees to be bound by all terms and conditions set forth herein.

2. JURISDICTION & ARBITRATION. This Agreement shall be governed by the laws of the State of Wisconsin. Any controversy or claim arising out of or relating to this Agreement, its interpretation, or a breach of the terms and conditions hereof, that continues to exist for thirty (30) days after written notice to the other party, shall be settled by arbitration in accordance with the provisions of the Wisconsin Arbitration Act. The arbitration shall be conducted in Green Bay, Wisconsin by a single arbitrator. The parties will mutually select such arbitrator within ten (10) days of a party's election to arbitrate. If the parties cannot agree upon the arbitrator to be selected, then such arbitrator shall be chosen by the most-senior sitting circuit court judge of Brown County, Wisconsin. The arbitrator shall be an attorney within the community of high repute. The arbitrator may not be financially interested in this Agreement or the business affairs of either party in any way. The decision of the arbitrator shall be final and the parties agree to be bound by the same and renounce all right to all court proceedings, except those provided under the Wisconsin Arbitration Act. The cost of the arbitration shall be paid by the party against whom the arbitrator renders his or her decision, and that party shall also be responsible for the successful party's costs, disbursements, and reasonable attorney's fees incurred in connection with the arbitration. The arbitrator's decision shall be made not more than one hundred twenty (120) days after the date of the electing party's demand for arbitration. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof, on the request of either party. The Arbitrator shall have full discretion to establish rules concerning discovery and hearing procedure; however, Wisconsin’s rules of evidence shall govern any hearing conducted.

3. FORCE MAJEURE. Seller shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party equipment or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of product or services provided hereunder. This includes a stoppage of work for an undefined period of time as of the result of Force Majeure.

4. SEVERABILITY. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.

5.INDEPENDENT CONTRACTOR. The parties acknowledge that Seller is an independent contractor and nothing about this Agreement should be construed to create an employer/employee relationship between Client and Seller.

6. REFUNDS
After you have paid for a class and agreed to the terms and conditions, you hereby understand there will be NO refunds, for any circumstance, reason, or otherwise. If you attempt to charge-back under this agreement, you hereby understand this commitment is irrevocable. [If classes do not meet minimum attendence and we cancel a class, we will refund the client.]
7. TERMINATION. This Agreement may be terminated early by Seller without recourse should Client breach any of the terms of this Agreement. Additionally, any abusive language, harassment, or otherwise inappropriate conduct will permit Seller to terminate this Agreement without recourse. This includes expulsion from the CPO class without the right to refund.

8.INDEMNITY. You agree to release, indemnify, and hold Seller, its owners, contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, asserted by third parties relating to or arising under this Agreement, the services provided hereunder or your use of the training provided by Seller. When Seller is threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of this Agreement and may result in revocation of services provided to you. It shall also entitle us to recover actual damages sustained as a result of the breach of contract, including reasonable attorney’s fees and costs.