Effective Date: 08/06/2025

By continuing with this payment, you (the “Client”) hereby acknowledge, understand, and agree to the following legally binding Terms of Sale, between you and Sunny Day Behavioral LLC (the “Company”):

1. Supervision Services Only

This payment is exclusively for supervision hours aligned with the requirements of the Behavior Analyst Certification Board® (BACB®). This does NOT constitute enrollment in a certification program, degree program, or guarantee of BCBA®, BCaBA®, or RBT® certification or licensure.

You are responsible for:

Being enrolled in an approved Verified Course Sequence (VCS) for BCBA®/BCaBA®, OR

Having completed the 40-hour RBT® training, AND

Meeting all additional BACB® requirements, including but not limited to background checks, competency assessments, and examination.

2. No Guarantee of Outcome

Supervision services are provided solely for educational and professional development purposes. They are not a guarantee of certification, employment, exam success, or credential approval. Your certification outcome depends solely on your own efforts, academic standing, ethical behavior, and adherence to BACB® standards.

3. Non-Refundable Payment Policy

All payments are final and non-refundable. By purchasing supervision services, you agree that:

Time is reserved and dedicated in advance for your supervision.

No refunds will be issued for completed services, canceled or missed sessions, or lack of personal progress.

You will not file chargebacks or disputes unless the Company has engaged in verified fraud or has failed to provide the agreed-upon services.

Consumer Rights Notice: Nothing in this policy waives any non-waivable rights you may have under applicable federal or Florida consumer protection laws.

4. Agreement to Terms Upon Payment

By submitting this payment, you confirm that:

You have read and accepted these Terms of Sale.

You are voluntarily purchasing supervision services for BCBA®, BCaBA®, or RBT® fieldwork.

You are not under duress or misled about the nature of the purchase.

You agree that initiation of chargebacks, false claims, or fraudulent disputes may result in legal action and disqualification from future services.

5. Release of Liability

To the fullest extent permitted by law, excluding gross negligence, willful misconduct, or statutory violations, you agree to release and hold harmless Sunny Day Behavioral LLC, its officers, contractors, and affiliates from all claims related to:

Academic failure or inability to pass the BACB® exam

RBT® application denial or revocation

Certification delays caused by your own conduct, misreporting, or failure to meet BACB® requirements

Any issues resulting from third-party platforms (e.g., Pearson, BACB®, CEU providers)

6. Governing Law & Dispute Resolution

This agreement shall be governed by the laws of the State of Florida. Any disputes or claims shall be resolved exclusively in Miami-Dade County, Florida, through binding arbitration before a mutually agreed arbitrator, pursuant to the Florida Arbitration Code.

By agreeing to these Terms of Sale, you specifically waive your right to trial by jury for any disputes. If arbitration is not possible, jurisdiction shall rest solely in the courts of Miami-Dade County, Florida.

You agree to reimburse the Company’s reasonable legal fees and costs if a dispute, chargeback, or claim is initiated in bad faith and found to be without merit.

7. Identity & Eligibility Verification

We reserve the right to verify your:

Identity

Current educational enrollment or completion

Eligibility to receive BACB® supervision

If any information is found to be falsified, services may be terminated without refund.

8. Force Majeure

The Company shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, acts of God, labor disputes, internet or power outages, government orders, or public health emergencies.

9. Severability

If any provision of these Terms of Sale is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. Entire Agreement

These Terms of Sale constitute the entire agreement between you and the Company with respect to supervision services and supersede any prior oral or written understandings. No verbal promises or outside representations shall modify these terms.

Trademark Notice: BACB®, BCBA®, BCaBA®, and RBT® are registered trademarks of the Behavior Analyst Certification Board®, which is not affiliated with and does not endorse Sunny Day Behavioral LLC.