Group Program Agreement - Template, Sample Form Online Pro · US-law

GROUP PROGRAM AGREEMENT

This Group Program Agreement (this "Agreement") is made and entered into by and between the group program organizer (the "Organizer"), identified as follows:

________, an individual doing business as ________, who may be contacted as follows:

Address:

________

Website Address: ________ (the "Website")

Email: ________ (the "Business Email")

Telephone: ________

and you, as a participant (hereinafter referred to as "you," "your," or "Participant") in the group program (the "Group Program"), as further defined below.

Your participation in the Group Program is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated herein by reference. By clicking "Purchase," "Confirm," "Attend," or undertaking any other affirmative action manifesting your intent to participate in the Group Program, including providing the Organizer with credit card or billing information to be charged for your participation, you acknowledge and agree that you are entering into a legally binding agreement with the Organizer.

YOU AGREE TO BE BOUND BY AND TO ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING BY REQUIRING BINDING INDIVIDUAL ARBITRATION, WAIVING YOUR RIGHT TO A JURY TRIAL, AND LIMITING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO PARTICIPATE IN THE GROUP PROGRAM.

The Organizer and the Participant may be referred to individually as a "Party" and collectively as the "Parties."

§ 1. THE GROUP PROGRAM

The Organizer agrees to provide, organize, and maintain the following Group Program:

Name of Group Program: ________

Description of Group Program:

________

Start Date: ________

End Date: ________

Location:

________

Accommodation Type: ________

Amenities:

________

Total Fees: $________ (________) (the "Total Fees")

Any additional applicable details for the Group Program will be made available to you by the Organizer prior to purchase or confirmation. Any such page, text, or email including any additional details for the Group Program is hereby incorporated by reference and shall be considered part and parcel of this Agreement.

§ 2. CONFIRMATION

In order to secure your place in the Group Program, you must complete the entirety of the Group Program purchase on the Website identified above.

At the conclusion of these steps, you will receive a confirmation email outlining the details of your completed registration. If you do not receive a confirmation email within five (5) days of completing your registration, please contact the Organizer.

The Organizer may request the provision of additional information, such as identification and/or additional forms and questionnaires. You hereby consent to receive all correspondence related to the Group Program.

Please be advised that any itinerary provided to you is subject to change and may be modified by the Organizer at any time. You hereby acknowledge and agree that the Organizer has the right to do so for any reason, including, without limitation, weather, third-party vendors or providers, and any local circumstances which the Organizer deems unfit for the regularly scheduled Group Program.

§ 3. GROUP PROGRAM TERMS

After confirmation of your participation in the Group Program, you may not be able to begin until the specified Start Date. You must complete the Group Program by the specified End Date.

The Organizer makes no promises or guarantees with regard to the Group Program. You hereby acknowledge and agree that:

(A) You are solely and exclusively responsible for the choices that you make with regard to this Group Program, the materials contained within it, or any significant 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) The Organizer is not liable for any result, non-result, or consequence which may arise from your participation in the Group Program;

(D) This Group Program does not constitute a therapeutic, medical, psychological, financial, or legal relationship. The Organizer does not provide therapy, medical, or professional advisory services, and you are responsible for procuring such services at your own will and discretion if needed.

§ 4. PAYMENT

At the time of initial reservation of the Group Program, you must provide a deposit in the following amount: $________ (________) (the "Deposit").

The Group Program must be reserved and the Deposit paid prior to the following date: ________. Except as otherwise required by applicable law or as expressly provided in § 5, the Deposit and all fees are nonrefundable. If you cancel your place in the Group Program, you will not be entitled to any refund of the Deposit or any additional fees paid.

If the Group Program is reserved by you after the date listed above, the Total Fees are due at the time of booking.

The entirety of the Total Fees must be paid the following amount of time prior to the Start Date of the Group Program: ________.

All payments shall be made in U.S. Dollars by the payment method(s) accepted by the Organizer. You represent and warrant that you are authorized to use any payment method you provide and authorize the Organizer (and its payment processor) to charge the applicable amounts thereto. Any amounts not paid when due may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law.

If the Total Fees are not received by the Organizer by the date listed above, your place may be canceled without prior notice to you.

If the Total Fees are not received by the Organizer prior to the beginning of your participation in the Group Program, you may not be able to begin the Group Program or your place may be canceled without prior notice to you.

§ 5. CANCELLATIONS

As noted above, the Organizer reserves the right to cancel your participation if the Total Fees are not received prior to the beginning of your desired participation in the Group Program. If such a cancellation is undertaken, you are not entitled to receive your Deposit back, if applicable, or any other fees paid to that date.

The Organizer may cancel the Group Program for any reason, unrelated to an individual Participant, in the Organizer's sole and exclusive discretion. If the Organizer cancels for any such reason, all Participants are entitled to receive back any and all monies paid to the Organizer. The Organizer shall not be responsible for any fees paid by a Participant to any third parties.

If a Participant wishes to cancel, written notice of such cancellation must be sent to the Organizer via the Business Email. As noted above, in the event of Participant cancellation, no fees will be returned except as required by applicable law.

Nothing in this Agreement is intended to limit or waive any cancellation, refund, or rescission rights that may be afforded to you under applicable federal, state, or local consumer-protection laws.

§ 6. MEDIA RELEASE

You acknowledge and agree that during the Group Program, you may be subject to photographs, video, sound recordings, or other media captures of your face, name, voice, or likeness. In consideration for your participation in the Group Program, you hereby irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitization, and/or re-release of the Released Media, as defined below, by the Organizer, as well as any employees, affiliates, associates, representatives, or agents (collectively, the "Release Receiver") for any lawful reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form now known or hereafter invented.

The "Released Media" includes, without limitation, all photographs, videos, sound recordings, paintings, sculptures, and all other media now known or hereafter developed, captured of you or your likeness during the Group Program 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 invasion 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 the Released Media knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver shall not disclose to any party, in any medium, your residential or physical address, email address, telephone number, or other private contact details.

§ 7. VOLUNTARY PHYSICAL PARTICIPATION; ASSUMPTION OF RISK

You hereby acknowledge and agree that you will voluntarily participate in certain physical activities ("Physical Activities") during the Group Program. The Physical Activities may include, without limitation: walking, swimming, hiking, biking, yoga, fitness activities, climbing, or other types of strenuous physical activity.

You understand and are aware that your participation in the Physical Activities involves inherent and other risks, which may lead to tangible or intangible harm, and you agree that such risks may result not only from your own actions but also from the actions or omissions of others. With knowledge and understanding of these risks, you knowingly and voluntarily choose, of your own free will, to participate in the Physical Activities and expressly assume all such risks.

You also acknowledge and agree that there are risks that you may not have considered, and you knowingly and voluntarily assume those risks and choose, of your own free will, to participate in the Physical Activities.

To the fullest extent permitted by applicable law, you knowingly and voluntarily release, waive, and discharge the Organizer and, where applicable, its owners, employees, agents, trainers, representatives, and facilities from any liability for physical, material, tangible, or intangible loss or damage that may occur to you during your participation in any of the Physical Activities. This release does not apply to, and you do not waive, any liability arising from gross negligence, recklessness, or willful or intentional misconduct, or any other liability that may not lawfully be released under applicable law.

§ 8. HEALTH ELIGIBILITY

Your participation in the Group Program indicates your acknowledgment, agreement, and warranty as to the following statements:

(a) It is my responsibility to consult a physician before participating in this or any physical program to ensure my eligibility for strenuous Physical Activity, and I affirm that I have no medical condition that would restrict me from participating in any of the Physical Activities;

(b) I agree to hold the Organizer, and, where applicable, its employees, owners, agents, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may occur to me while participating in the Physical Activities, including, without limitation, muscle strains, sprains, or spasms, heart attacks, elevated blood pressure, and broken, fractured, or dislocated bones;

(c) I agree that if I experience medical issues, I will contact my physician immediately;

(d) I agree and verify that all information I have provided to the Organizer and its representatives is accurate, current, and without omission of any known medical issue;

(e) I agree and verify that if I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold the Organizer harmless against all liability for any damages that may result to myself or others because of my acts or omissions;

(f) I agree to keep the Organizer apprised of any changes or anticipated changes concerning my physical health and personal information;

(g) I understand and agree that it is my responsibility to inform the Organizer if I experience any pain or discomfort before, during, or after the Physical Activities;

(h) If I require medical treatment or attention during or after participating in the Physical Activities, I agree that the medical costs are mine alone and hold the Organizer harmless from any charges, fees, or costs that my condition may incur;

(i) I specifically acknowledge and agree that these clauses are not intended to be a general release of liability, the enforceability of which may be limited under some state and local laws.

§ 9. REGISTRATION TO USE WEBSITE

Participants may be asked to register to use the Organizer's Website and to choose a unique identifier and password. The Participant is responsible for ensuring the continued accuracy, security, and confidentiality of such information. The Participant may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality. Providing false or inaccurate information, or using the Website to further fraud or unlawful activity, is grounds for immediate termination of this Agreement.

§ 10. RELEASE OF LIABILITY AMONG PARTICIPANTS

The Participant hereby releases the Organizer, as well as any of the Organizer's affiliates, licensors, suppliers, subsidiaries, parents, or other legal representatives, from any claims, demands, damages, or other legal action which may arise from the Participant's dispute with any other Participant.

§ 11. TERMINATION

This Agreement shall continue until canceled as specified above by either Party or until the Participant completes the Group Program. Any provision of this Agreement which by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement.

§ 12. INTELLECTUAL PROPERTY

The Participant acknowledges and agrees that the Organizer's name, services, and any logos, designs, text, graphics, software, content, files, materials, and all intellectual property rights contained therein, including, without limitation, any copyrights, patents, trademarks, proprietary, or other rights arising thereof, are owned by the Organizer or its affiliates, licensors, or suppliers.

The Participant acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of the Organizer and its affiliates, licensors, and suppliers.

The Organizer may provide the Participant with certain information as a result of participation in the Group Program, including, without limitation, documentation, data, or information developed by the Organizer and other materials which may assist in your participation in the Group Program (the "Materials"). Subject to this Agreement, the Organizer grants you a non-exclusive, limited, non-transferable, and revocable license to use the Materials solely in connection with your participation in the Group Program. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Group Program, your cessation of participation in the Group Program, or the termination of this Agreement.

The Participant expressly agrees not to do anything inconsistent with the Organizer's ownership of all of the intellectual property discussed herein. The Participant further agrees that it has no right, title, or interest in or to any of the Organizer's intellectual property. In addition, the Participant is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of the Organizer or any third party, with the exception of the license granted above.

§ 13. NO WARRANTIES

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§ 14. LIMITATION OF LIABILITY

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§ 15. INDEMNIFICATION

The Participant agrees to indemnify, defend, and hold harmless the Organizer, as well as any of the Organizer's affiliates, licensors, suppliers, subsidiaries, parents, employees, agents, and other legal representatives, from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Participant's participation in the Group Program, the Participant's breach of this Agreement, or the Participant's violation of any law or the rights of any third party.

§ 16. FORCE MAJEURE

The Organizer shall not be liable for any failure or delay in performance under this Agreement to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, natural disasters, fire, flood, severe weather, war, terrorism, civil unrest, governmental action, epidemic, pandemic, public-health emergency, labor disputes, or failure of third-party vendors, providers, or utilities.

§ 17. SEVERABILITY

If any part or sub-part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction or a competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible, and the remainder of this Agreement shall continue in full force and effect.

§ 18. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS-ACTION WAIVER

In the case 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 individual arbitration administered by ________ under its then-applicable rules. This arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement, before a single arbitrator who 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 bear its own costs and fees, except as otherwise required by applicable law. Claims subject to arbitration under this section include, without limitation: 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 the Organizer, and claims that may be brought in small-claims court, are excepted from this provision and may be litigated. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING WITH RESPECT TO CLAIMS SUBJECT TO ARBITRATION.

§ 19. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the internal laws of the State of ________, without giving effect to any choice or conflict of law provision or rule. Subject to § 18, each Party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county and state: ________.

§ 20. ENTIRE AGREEMENT; AMENDMENT; WAIVER; ASSIGNMENT

This Agreement, together with all documents incorporated herein by reference, constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral. No amendment to this Agreement shall be effective unless made in writing by the Organizer. No waiver of any provision shall be deemed a waiver of any other provision or of the same provision on a future occasion. The Participant may not assign this Agreement without the prior written consent of the Organizer; the Organizer may freely assign this Agreement.

§ 21. NOTICES

All notices to the Organizer shall be sent to the Business Email or address listed above. All notices to the Participant shall be sent to the email or address provided by the Participant during registration. Notices shall be deemed given upon receipt.

§ 22. HEADINGS

Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.

ACKNOWLEDGMENT

BY MANIFESTING YOUR ASSENT AS DESCRIBED ABOVE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.

Participant Name: ________

Participant Signature: ________

Date: ________

Organizer Signature: ________

Date: ________