Agreement for Offering Live Seminars - Template Form Pro · US-law
✓ Valid in United States · drafted to comply with local law
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AGREEMENT FOR OFFERING LIVE SEMINARS
Effective Date: ________
THE AGREEMENT: This Agreement for Offering Live Seminars (hereinafter, the “Agreement”) is made and entered into by and between ________, a ________ with its principal place of business at ________ (hereinafter referred to as the “Seminar Provider”), and you, further defined below, as a participant in or attendee of the Live Seminar, also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference herein. This Agreement shall govern your attendance at and/or participation in the Live Seminar.
§ 1 — DEFINITIONS:
A) The parties referred to in this Agreement shall be defined as follows:
I) Seminar Provider, us, we: The Seminar Provider, as the creator and operator of the Live Seminar, is responsible for providing the Live Seminar publicly. “Seminar Provider,” “us,” “we,” “our,” “ours” and other first-person pronouns refer to the Seminar Provider, as well as, if applicable, all employees and affiliates of the Seminar Provider.
II) You, the attendee, the participant: You, as the attendee of or participant in the Live Seminar, will be referred to throughout this Agreement with second-person pronouns such as “you,” “your,” “yours,” or as the attendee or participant.
III) Parties: Collectively, the parties to this Agreement (the Seminar Provider and you) will be referred to as the “Parties” and individually as a “Party.”
B) The Live Seminar details are as follows:
I) Seminar Name: ________
II) Seminar Description:
________
III) Total Fees (“Fees”): $________ (________)
IV) Seminar URL: ________
V) Location of Seminar: ________
VI) Dates and Times of Seminar Offerings:
________
§ 2 — ASSENT & ACCEPTANCE:
By registering for, attending, or participating in the Live Seminar, you represent and warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please do not attend or participate in the Live Seminar, or cease your attendance and participation if ongoing. The Seminar Provider only agrees to provide the Live Seminar to you if you assent to this Agreement.
§ 3 — AGE RESTRICTION:
You must be at least eighteen (18) years of age to attend or participate in the Live Seminar. By attending or participating in the Live Seminar, you represent and warrant that you are at least eighteen (18) years of age and may lawfully enter into this Agreement. The Seminar Provider assumes no responsibility or liability for any misrepresentation of your age.
§ 4 — REFUNDS & CANCELLATION:
The refund and cancellation policy for the Live Seminar is as follows:
________
Refund requests made outside of this policy will not be considered. Nothing in this Agreement shall limit any non-waivable refund or cancellation rights you may have under applicable federal or state consumer-protection law, including, where applicable, the Federal Trade Commission’s Cooling-Off Rule (16 C.F.R. Part 429) and any analogous state statute.
§ 5 — LICENSE TO ACCESS AND USE MATERIALS:
We may provide you with certain information, documents, writings, graphics, or any combination of the foregoing (the “Materials”) as a result of your attendance at and participation in the Live Seminar. The Materials have been developed by the Seminar Provider. Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use the Materials solely in connection with your attendance at and participation in the Live Seminar. The Materials may not be used for any other purpose. You may not share, sell, or otherwise distribute the Materials to others. You may not post the Materials online. You may solely and exclusively view the Materials for personal, non-commercial use.
§ 6 — LIVE SEMINAR TERMS:
Upon completion of the Live Seminar, you may receive a certificate evidencing your participation in, and completion of, the Live Seminar.
We make no promises or guarantees with regard to our Live Seminar or Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices you make with regard to this Live Seminar, the Materials contained within it, and any changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result, non-result, or consequence which may come about due to your participation in the Live Seminar;
D) This Live Seminar does not constitute a therapeutic, medical, legal, or financial advisory relationship. We do not provide therapy, medical, legal, or financial services, and you are responsible for procuring such services at your own discretion if needed.
§ 7 — MEDIA RELEASE:
The Released Media includes, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, and all other media currently known or hereafter developed, captured of you or your likeness during the Live Seminar by the Release Receiver.
You hereby release the Release Receiver from any and all claims and demands arising out of or in connection with any use of the Released Media, including, without limitation, claims for violation of privacy, right of publicity, defamation, and/or any other intellectual property rights. You claim no ownership of the Released Media and forego any opportunity, whether past or present, to copyright or trademark the Released Media.
You give consent to the use of this Released Media knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not disclose to any party in any medium your known or previously known location, email or physical address, or any other contact details, such as telephone number.
§ 8 — INTELLECTUAL PROPERTY:
§ 9 — OBLIGATIONS:
As an attendee and participant in the Live Seminar, you will be asked to undertake and complete the following obligations:
________
§ 10 — PAYMENT & FEES:
As noted above, the total Fees for the Live Seminar are: $________ (________).
Payment plans may be available for the payment of the Fees. Any such payment plan is structured as follows:
________
Accepted methods of payment are: ________. If payment is not complete by the first day of the Live Seminar, you will forfeit your place in the Live Seminar. Any past-due amounts may accrue interest at the rate of ________% per annum, or the maximum rate permitted by applicable law, whichever is less.
§ 11 — ACCEPTABLE USE:
You agree not to:
A) Harass, abuse, or threaten others, or otherwise violate any person’s legal rights;
B) Violate any intellectual property rights of the Seminar Provider or any third party;
C) Perpetrate any fraud;
D) Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
E) Publish or distribute any obscene or defamatory material;
F) Publish or distribute any material that incites violence, hate, or discrimination toward any group;
G) Unlawfully gather information about others.
§ 12 — AFFILIATE MARKETING & ADVERTISING:
We may engage in affiliate marketing whereby we receive a commission on, or percentage of, the sale of goods or services in conjunction with the Live Seminar. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. Such relationships are disclosed in accordance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255).
§ 13 — DISCLAIMER OF WARRANTIES:
The Live Seminar and the Materials are provided for informational purposes only and are provided “AS IS” and “AS AVAILABLE,” without warranty of any kind, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You acknowledge and agree that any information received by you as a result of or through the Live Seminar, or in the Materials, is not intended to be legal advice, medical advice, or financial advice, and that no fiduciary relationship has been created between you and us. You further agree that your participation in the Live Seminar is at your own risk.
§ 14 — INDEMNIFICATION:
You agree to defend, indemnify, and hold harmless the Seminar Provider and any of our affiliates, employees, representatives, and agents (if applicable) against any and all legal claims and demands, including reasonable attorneys’ fees, which may arise from or relate to your participation in the Live Seminar, your breach of this Agreement, or your conduct or actions. You agree that we may select our own legal counsel and may participate in our own defense, if we so wish.
§ 15 — TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time, for any reason, with or without cause. We may also deny your entry into any Live Seminar event, at our sole and exclusive discretion. If we do so, any Fees paid will be refunded on a pro-rata basis for any portion not yet delivered. We specifically reserve the right to terminate this Agreement if you violate any of the terms set forth herein, including but not limited to violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing unlawful material. Upon termination of this Agreement, any provisions that by their nature would be expected to survive termination shall remain in full force and effect.
This Agreement will otherwise terminate at the conclusion of the Live Seminar.
§ 16 — ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral, relating to the Live Seminar. Any amendment or modification to this Agreement must be made in writing and agreed upon by both Parties.
§ 17 — LIMITATION OF LIABILITY:
To the fullest extent permitted by applicable law, in no event shall the Seminar Provider, its employees, affiliates, associates, representatives, or agents be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your attendance at or participation in the Live Seminar, the Materials, or this Agreement, even if advised of the possibility of such damages. In no event shall the total aggregate liability of the Seminar Provider exceed the total amount of Fees actually paid by you under this Agreement. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the foregoing limitations may not apply to you.
§ 18 — GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Live Seminar, you agree that the laws of the State of ________ shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, without regard to its conflict-of-law provisions. In the event any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts located in the following county: ________, State of ________. The Parties agree that this choice of law, venue, and jurisdiction provision is mandatory and not permissive in nature. You hereby waive any objection to venue, including assertion of the doctrine of forum non conveniens or any similar doctrine.
C) ARBITRATION: In the event of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration administered by ________ in accordance with its then-current rules, governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The arbitration shall be conducted in the following county: ________, State of ________. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of the State of ________. Each Party shall pay its own costs and fees. Claims subject to arbitration under this sub-part include, but are not limited to, contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by us shall not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part, waive any rights they may have to a jury trial with respect to arbitrable claims.
D) ASSIGNMENT: This Agreement, and the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Seminar Provider, the rights and liabilities of the Seminar Provider shall bind and inure to the benefit of any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts shall be enforced to the maximum extent possible. In such event, the remainder of this Agreement shall continue in full force and effect.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement shall not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, epidemics or pandemics, governmental restrictions, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including by e-mail. The Parties consent to the use of electronic signatures pursuant to the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. §§ 7001 et seq.) and applicable state law. For any questions or concerns, please contact us at the following email address: ________.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
SEMINAR PROVIDER:
Signature: ________
Name: ________
Title: ________
Date: ________
ATTENDEE / PARTICIPANT:
Signature: ________
Name: ________
Address: ________
Date: ________
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