Peak Pursuit Academy
Learner’s Agreement and Undertaking

This Agreement establishes the principles, responsibilities, and commitments between Peak Pursuit Academy (the “Organization”) and the training attendee (the Learner”).

By signing the present document through pressing the “I ACCEPT” button, the Learner acknowledges and irrevocably undertakes to comply with the following obligations, which are legally binding and enforceable under competent Canadian federal and provincial laws and regulations.

Article 1: Purpose of Participation

1.1       The Organization provides learning and training activities, sessions and workshops, for non-formal educational purposes.

1.2       Participation may result in the issuance of a Certificate of Attendance, which:

(i)            Confirms participation only,

(ii)          Is not a diploma, degree, or professional license,

(iii)        Does not grant qualification, accreditation, or guaranteed employment,

(iv)         Does not guarantee the business, personal or professional success of an entrepreneur.

1.3       The Learner acknowledges full understanding of this scope.

Article 2: Good Conduct, Ethics, and Responsibility

2.1       The Learner irrevocably commits and undertakes to:

(i)           Conduct themselves with professionalism, integrity, and respect, at all times

(ii)       While a participant in the program, refrain from any form of harassment, discrimination, aggression, hostility, or violence (verbal, physical, or digital) towards other learners, employees and staff of the Organization, Subject Matter Experts (SMEs) and training session providers of the Organization.

(iii)     Not to use and be prohibited to possess, or be under the influence of illegal substances, drugs, or alcohol during participation.

(iv)     Maintain respectful communication with other learners, the employees, staff, SMEs and training session providers of the Organization.

(v)      Contribute to a safe, inclusive, and socially responsible environment.

(vi)     Demonstrate tolerance towards other cultures, religions, beliefs and traditions.

Article 3: Confidentiality and non-disclosure

3.1       All information (technical, strategic, financial, operational, educational, or otherwise) shared by the Organization or its partners or of the other Learners participating to the Organization’s programs and/or sessions constitute confidential information and must be used only by the Learner and only for their own businesses and professional ventures. Such information cannot be shared or distributed to any third party whatsoever, except when otherwise required within any training session provided by the Organization.

3.2       The Learner irrevocably undertakes not to disclose, divulge or share any information covered by the above Clause 3.1 to any third party whatsoever, and to use it exclusively for the needs of their learning sessions within the program provided by the Organization.

3.3       The obligation and undertakings subject of Clause 3.1 shall survive indefinitely, even beyond participation, unless otherwise released in writing by the Organization.

3.4      In case of a breach by the Learner of the provisions this article, the Learner will comply with a request from the Organization to return or delete all materials, retaining only personal notes for individual learning purposes.

Article 4: Intellectual property and proprietary materials

4.1      All content provided by the Organization or its partners, whether verbal, written, or digital, including but not limited to presentations, manuals, case studies, exercises, recordings, and digital material, remains the exclusive intellectual property of the Organization or its partners.

4.2      All content provided by the Learner, during their participation to the Organization’s programs, whether verbal, written, digital or on any media, including but not limited to presentations, manuals, case studies, exercises, recordings, and digital material, remains the exclusive intellectual property of the Learner, but is hereby irrevocably and gratuitously assigned to the Organization, for training purposes. The Organization can include such proprietary material of the Learner in any other training material whatsoever but cannot use it for any purpose whatsoever other than the training sessions it provides.

4.3       Save as expressly mentioned herein, both the Organization and the Learner mutually undertake:

(i)           Not to copy, reproduce, distribute, or exploit the other Party’s proprietary material without prior written consent of the concerned Party,

(ii)         Not to use the other Party’s proprietary material for commercial purposes or in competition,

(iii)       To return or delete any material of the other Party upon the latter’s written request, retaining only personal notes strictly for individual learning purposes.

Article 5: Prohibition of unauthorized information capturing and sharing

5.1       The Learner expressly undertakes not to record (audio, video or otherwise), film, photograph, or otherwise capture or share any activity, session, or material without the Organization’s prior written authorization. Any unauthorized recording will be considered a material breach and must be deleted immediately upon request.

5.2      As for unauthorized sharing, the Learner agrees not to use the acquired materials, methods, or knowledge to establish or contribute to competing training or educational activities without the Organization’s prior written consent.

Article 6: Accountability and Consequences

6.1          Any breach of this Agreement entitles the Organization to:

(i)           Exclude the Learner from activities or the whole program without reimbursement, insofar as permitted by applicable laws and regulations,

(ii)         Take disciplinary or legal action,

(iii)       Seek reparation by law or otherwise for any and all direct and indirect losses and moral or material damages.

6.2       The Learner accepts that these remedies are enforceable without prejudice to other rights of the Organization.

Article 7: Declaration of understanding and agreement

7.1          By accepting this Agreement and Undertaking, the Learner irrevocably declares that they:

(i)            Have read and fully understood this Agreement and Undertaking,

(ii)          Accept its binding nature and consequences,

(iii)        Acknowledge that the only outcome of participation is a Certificate of Attendance,

(iv)         Commit to respecting the obligations and principles set forth herein.

Article 8: Cancellations, refunds, and our satisfaction guarantee

8.1    Peak Pursuit Academy stands behind everything it delivers. This Article sets out when a payment is returned, and in what amount. Nothing in this Article limits any right the Learner may have under applicable consumer protection law. A plain-language summary of this Article is published at peakpursuit.ca/guarantee; where the two differ, this Article governs.

8.2    Cancellation more than five (5) days before the course date — full refund. The Learner may cancel for any reason, and no reason need be given.

8.3    Cancellation within the final five (5) days before the course date — fifty percent (50%) refund. The balance reflects the seat held and the materials prepared for the Learner.

8.4    Inability to attend, for cause — full refund on request. Where the Learner is prevented from attending by illness, or by an event beyond their reasonable control, a full refund may be granted where the request is made within five (5) days of the course date. Such requests are reviewed, and are granted at the discretion of Peak Pursuit Academy.

8.5    Satisfaction guarantee — full refund on request. Where the Learner attends a course and is not satisfied with it, the Learner is entitled to a full refund where the request is made within five (5) days of attending. No cause need be shown and no approval is required: it is sufficient that the course did not meet the Learner’s expectations.

8.6    How to request a refund. Requests are made from the Learner’s account, under My Courses, using the Request Refund action beside the course concerned. Refunds are returned to the original method of payment.

8.7    Where a discount was applied to the purchase, the refund is of the amount actually paid.