Terms and Conditions

1.     TUITION INFORMATION:  By completing the checkout, you agree to pay SUBIETA LLC. (“Subieta Studios”), the tuition amount agreed for the selected event or training. Tuition includes the session(s) and applicable course materials. Transportation, lodging and food costs are not included (unless stated otherwise).

2.   TRANSFER:  Subject to the applicable transfer fees, you may transfer dates one time; provided however that such transfer shall only be valid for an additional 12 months from the start date of the event from which you are transferring. You must do so by notifying us in writing. If you choose to transfer, you relinquish your priority standing in the program for which you were enrolled, and your transfer is subject to availability of the next event. If you transfer within 90 days of your scheduled program, because it would be extremely difficult and impractical to assess the actual damages suffered by us because of your transfer, then as administrative fee, and not as a penalty, the following amounts apply, and in the cases other than forfeiture, will be added to the balance of your tuition for the event.  Less than 30 days before the event, $500; 31-60 days before the event, $300; 61-90 days before the event, $250.

3.   PAYMENT: Full Payment in full is due at the time you sign up for your selected event(s) unless otherwise agreed upon in writing.  I understand if a payment plan that extends beyond the training completion date will result in my certification being delayed until full payment is received.

4.   DEFAULT, CANCELLATION, TERMINATION, AND DAMAGES FEE

1.     Default: If you do not pay your tuition by the agreed-upon payment terms, then you will be considered in default of this Agreement. You will forfeit your enrollment. SUBIETA LLC will have the right to terminate this contract, and upon such termination, you will be subject to the Damages Fee set forth below.

2.   72-Hour Cancellation: You may cancel this transaction without penalty or obligation by submitting to SUBIETA LLC a signed and dated written notice postmarked prior to midnight of the third business day after the date you signed up for the event. If you were given or sent any books, manuals, or other physical goods as part of your enrollment, the refund can only be processed after returning these in perfect condition, otherwise your refund will be adjusted accordingly to the cost of replacement.  Your notice must be mailed or delivered to SUBIETA LLC 19325 SMITH GIN ST. MANOR TX 78653.  Emailed or faxed notices are not acceptable. (Note: Refunds can take approximately 4-6 weeks to post to your account.)

3.   Ineligible Events for Refunds:  Digital Products, Tuition, and Coaching Sessions are not eligible for a refund and are non-transferable, unless otherwise stated.

4.   Payment plans:  If you have enrolled in a payment plan through SUBIETA LLC, you must keep your payments current or you will be in default of this agreement.  You will forfeit your tuition in the training.  SUBIETA LLC will have the right to terminate this contract, upon such termination, you will be subject to the Damages Fee set forth below.

5.   Damages Fee: Because it would be extremely difficult and impractical to assess actual damages suffered by us in the event you default or terminate your Agreement you agree to be charged $1,750. This is a nonrefundable, non-returnable Administrative fee.

6.   No-Show Fee: If you do not attend the event without express written consent from SUBIETA LLC, you will forfeit your tuition for the event.

7.   Discount Verification: Any discounts offered for Events are subject to verification of eligibility of the discount by YTC. If after entering into the Agreement, YTC determines that you do not meet the eligibility qualifications for the discount offered, your payment amount owed will revert to the full price

5.   GENERAL PROVISIONS

1.     Warranties: You acknowledge that you are not relying upon any warranties, promises, guarantees or representations made by SUBIETA LLC or any one acting or claiming to act on behalf of SUBIETA LLC unless it is in writing and made a part of this Agreement. All advertising material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by this Agreement contains the entire understanding and agreement between you and SUBIETA LLC. No sales person of SUBIETA LLC has authority to modify the terms of this Agreement.

2.   Terms & Conditions: Your approval and execution of the SUBIETA LLC Terms & Conditions will be required prior to event attendance.  You may request a copy from YTC upon completing this Agreement, although the Terms & Conditions are subject to change. Failure to sign the Terms & Conditions will be deemed a cancellation of this Agreement. You will not be admitted to the applicable event until all course registration and enrollment forms are signed and submitted to YTC.

3.   Subject to Change: Dates, times, locations, and structure of events are subject to change without notice.

4.   Private Event: SUBIETA LLC reserves the right to send a participant home for any reason it deems appropriate. You will be required to leave the event immediately and return all training materials and products upon exit.  In such cases, there will be no refund for meals, transportation, or lodging. Tuition credits and refunds for the event will be reviewed on a case-by-case basis.

5.   Force Majeure:  In the case of a natural disaster, emergency, or Act of God, training dates and/or locations may be changed or cancelled.  In the event of such a circumstance, event tuition will be applied to the next available event.  No refund will be given for meals, transportation or lodging.

6.   Transaction Fees: You may be charged foreign or other transaction fees by your bank in connection with this purchase, and you agree that you will be responsible for any such fee.

7.   Assignment: This agreement may not be assigned to another individual or entity without express written approval of SUBIETA LLC.

6.   PHOTO & VIDEO RELEASE

1.     Use of name, handle, text, photo, video, likeness and intellectual property:  I hereby grant to SUBIETA LLC, SUBIETA STUDIOS, its subsidiaries and affiliated companies, and their respective successors and assigns (collectively, “SUBIETA STUDIOS”) a non-exclusive, irrevocable (except as specified in Section 3 herein under Takedown), unlimited, perpetual, royalty-free, fully-sublicensable, fully paid up, worldwide license, and the right(s) and permission(s) to use my name and/or handle, image(s), and likeness, and the text and photograph(s) and/or video(s) may be used in digital trainings, events, or posted to a social media platform including, but not limited to Twitter, Facebook and Instagram by using the Permitted Parties’ promotional hashtag (collectively, the “Content”) on the www.subietastudios.com and other websites controlled by SUBIETA STUDIOS or its subsidiaries and affiliated companies (collectively, “SUBIETA STUDIOS Websites”), Facebook, Instagram, Twitter, other social media platforms and other websites (collectively, “Platforms”), in other print, audio and video marketing and advertising avenues (“Advertising”), and any digital product, course, seminar or online-training (collectively “Digital Products”).
I agree that the Content may be used, copied, distributed, published, exhibited, digitized, publicly displayed, reproduced, altered, edited, manipulated, and otherwise used via any medium and by whatever means, in whole or in part, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of advertising, marketing or trade in promoting and publicizing the Permitted Parties.
I agree that I shall have no right of approval, no claim to compensation (including, but not limited to royalties), and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, copyright infringement or trademark infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content.  Furthermore, I irrevocably waive any and all so-called moral rights I may have in the Content. To the extent I provide any personal information, I agree to comply with SUBIETA STUDIOS’s Privacy Statement (https://krystisubieta.com/privacy).

2.   Compliance with Terms for Third Party Platforms:  I acknowledge and agree that in order to post Content on the Platforms, I will be in full compliance with the terms and conditions of such Platforms.
You should carefully read the privacy statements of any such Platforms.

3.   Takedown: If I want my Content removed from the Platforms, Websites and Advertising, I will send an e-mail message to: krystisubieta@gmail.com

4.   Representations and Warranties/Indemnification by User:I represent and warrant: (a) I am 18 years old or older; (b) I have the legal right to post the Content; (c) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity, trademark, patent and/or copyright, of any other person or entity or any applicable laws; (d) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous or otherwise depicts inappropriate behavior; and (e) the Content does not contain any advertising or other commercial content.

7.   Intellectual Property:  The Service and its original content, features and functionality are and will remain the exclusive property of SUBIETA LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SUBIETA LLC.

8.   Availability, Errors and Inaccuracies:  We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

9.   Termination:  We may terminate or suspend your access to the products, social media groups, or digital products immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10.Indemnification:  You agree to defend, indemnify and hold harmless SUBIETA LLC. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

11.  Limitation Of Liability:  In no event shall SUBIETA LLC. , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

12. Governing Law:  These Terms shall be governed and construed in accordance with the laws of Nevada, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

13. Attorneys’ Fees: In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.

14.                  Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.