In consideration of your approved attendance at Event (the “Beyond The Breakup Challenge”), you hereby acknowledge and agree to be bound by all of the following terms and conditions:
No Guarantees. The Free Beyond The Breakup Event will include 5 days of free virtual coaching through Zoom and hosted in a private Facebook group (1 hour per day). The “Backstage/VIP” will will be an additional hour of presentations by special guests and Devon Loomis. You understand that there can be no assurance that any prior successes by other individuals, or past results, can be used as an indication of your future success or results. All products and services by Relationship Coach are for educational and informational purposes only.
Right to Photos and Video. During the Event, you may be recorded and pictures of you may be taken. You hereby expressly grant to Relationship Coach and to its officers, employees, agents, and assignees the right to capture, record, and use photographs, video, and/or audio impressions (including live or over the Internet) of you (collectively, “Media”) recorded by Relationship Coach at Event and to use the photographs and your voice and picture, silhouette, and other reproductions of physical likeness and class-related work (including any still image, videotaped image, captured video-conference image, CD-ROMs, DVDs and/or other analog or digital means, or other media now in existence of hereafter developed), in connection with or as part of any presentation, program, publication, product, transmission, or other professional endeavor in which the same may be used or incorporated, and also in the advertising, and/or publicizing of any such analog or digital works or their content, in perpetuity. You understand these images / sounds may be used for commercial, educational, or informational purposes. You shall not be entitled to any royalties, fees, or other compensation or notice, in connection with any such use. In addition, you waive any claims that any use of your photograph, image, and/or voice as permitted hereunder portrays you in a derogatory manner or false light. Relationship Coach may license all Media as it desires to any third-party or parties. YOU HAVE ABSOLUTELY NO RIGHTS TO THE MEDIA.
Ownership of Media. All Media and rights relating to them, including copyright and worldwide ownership rights, remain the sole and exclusive property of Relationship Coach. Relationship Coach shall have the right, for any purpose, to use, adapt, change, delete from or add to the Media, to combine all or any part of the Media with others, and to use, distribute, advertise, market and otherwise exploit any and all of the foregoing in any manner and in any medium, as Relationship Coach shall determine in its sole discretion. You agree to cooperate with Relationship Coach, at its expense, in all further actions, which Relationship Coach deems necessary or desirable to confirm, register, protect or enforce Relationship Coach’s rights in and to such Media. You waive all rights of copyright or ownership which you might otherwise have in or to any of the Media and/or products in which your image, likeness or voice appears, and you agree to assign, and do hereby assign, to Relationship Coach any such right, title, and interest in and to any such products. You agree to execute all documents deemed necessary or desirable by
Relationship Coach in connection therewith. You waive all rights of copyright or ownership in or to the resulting commercial or educational and informational materials in which you appear, and acknowledge no monetary or other compensation is provided in exchange for waiving this right. You also agree to allow all forms of distribution of any materials that accompany the images or your voice.
Relationship Coach’s Materials. The materials and resources used in the Event are the confidential and exclusive copyrighted and proprietary intellectual property of Relationship Coach. These materials are provided to you by Relationship Coach and solely intended for your personal use as an Event participant. No part of these documents and/or resources can be stored, reproduced or transmitted in any form or by any means (electronic, photographic, mechanical, or any other medium), recorded, translated, or used to produce any derivative works without the explicit written permission of Relationship Coach, under signature. Any violation, or the likelihood of violating, any of your agreements contained herein, would entitle Relationship Coach to injunctive relief to prohibit any such violations. Should Relationship Coach commence any legal action in response to your act or omission in violation of this Agreement, you shall pay all of Relationship Coach’s legal fees and court costs, in addition to all damages requested by Relationship Coach.
Your Obligations During the Event. You are expected to participate in the Event in a professional manner. Any actions that you take that Relationship Coach deems detrimental to the Event and/or the Event participants is reason for immediate removal from the Event, at Relationship Coach’s sole discretion. If you participate in the Event by videoconference, you will not display any background that includes any copyrighted image or logo that you do not own. If you own an image or logo that you display as part of a background, you hereby grant Relationship Coach a royalty-free and irrevocable license to use said image and/or logo captured as part of the Media as otherwise permitted hereunder.
Warranties. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, RELATIONSHIP COACH DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
Limitation of Liability. IN NO EVENT SHALL RELATIONSHIP COACH BE LIABLE TO YOU, ANY EMPLOYEE, AGENT OF YOURS, OR ANY THIRD PARTY, FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF RELATIONSHIP COACH HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL RELATIONSHIP COACH BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, INVASIONS OF PRIVACY, BREACHES OF QUIET ENJOYMENT, AND/OR TRESPASS, WHETHER ACTUAL OR PERCEIVED, TO YOU OR ANY OTHER THIRD-PARTY, EVEN IF RELATIONSHIP COACH HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. YOU AGREE TO DEFEND AND HOLD HARMLESS RELATIONSHIP COACH FROM ANY AND ALL SUCH CLAIMS.
Venue and Governing Law. You consent to jurisdiction of the courts of the State of New Mexico at Albuquerque, Bernalillo County, New Mexico for the purpose of resolving any issues which may be permitted to be decided by a Court of competent jurisdiction, in accordance with the provisions of these Terms of Service. All matters relating to the interpretation, construction, application, validity, and enforcement of these Terms of Service will be governed by the laws of the State of New Mexico without giving effect to any choice or conflict of law provision or rule, whether of the State of New Mexico or any other jurisdiction, that would cause the application of laws of any jurisdiction other than the State of New Mexico.
Severability. If any term of these Terms of Service is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
Entire Agreement. This Agreement and other attachments hereto constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, purchase orders, understandings and negotiations, whether oral or written, between the parties hereto with respect to such subject matter.
By clicking “I Agree” on the optin form, I voluntarily agree and consent to all terms and conditions contained in these Terms of Service.
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