This Live Event Agreement, (the "Agreement") is entered into and made effective as of this ___ day of ________, 2022, (the "Execution Date"),
BY AND BETWEEN
Financial Success Media, LLC, a Limited Liability Company, incorporated under the laws of the State of Tennessee, having an address 5810 Shelby Oaks Drive, Suite B, Memphis, Tennessee 38134-7315 (the "Company" and/or “Host”)
OF THE FIRST PART
________________________, an individual of the State of ________, having an address of _______________________________________ (the "Participant" and/or “Guest”)
OF THE SECOND PART
Your attendance at the Live Event, as defined below, is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By clicking "Purchase," "Confirm," "Apply Now," or undertaking any other affirmative action manifesting your intent to attend to Live Event, including providing the Host with credit card or billing information to be charged for attendance at the Live Event, you acknowledge and agree that you are entering into a legally binding agreement with the Host.
YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO ATTEND ANY OF HOST’S LIVE EVENTS.
Host and Guests may be referred to individually as "Party" and collectively as the "Parties."
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein and for other good and valuable consideration including Participant attending the Host’s Event, the receipt and sufficiency of which is mutually hereby acknowledged, the Host and the Participant (individually referred to herein as "Party" and collectively as "Parties") agree as follows:
This Agreement sets forth the terms and conditions whereby Host agrees to provide the Event: Package & Profit Live which will take place in Atlanta, Georgia from September 30, 2022 to October 1, 2022.
The Event does not include travel costs, airfare, or housing/lodging during your participation in the Event. Participants are responsible for securing and paying for their own accommodation.
Event Fee. In consideration for the Event provided by Host to Participant as set forth above, Participant agrees to pay Host a fee of
$________ (Paid in full on the Execution Date)
Host’s obligation to render services hereunder is conditioned upon Participant’s payment of said fee on a timely basis. A non-refundable $499 (USD) deposit is due upon registration.
Payments shall be made via credit card (Visa, Mastercard, Discover or American Express). Participant authorizes Financial Success Media, LLC to charge the credit/debit card provided, cash the check/wire, or process automatic credit card payments that will be charged on the same date in subsequent months. Payments must be received no later than three (3) business days after the due date or a late fee in the amount of $75.00 (USD) will be added and due immediately.
Host will process scheduled periodic charges if a payment plan is provided to Participant. Declined charges will be attempted every day to resolve delinquent account. If after seven (7) days, the matter is not resolved, Participant will lose access to the Program components until account is brought current and will incur a one-time late payment fee of $75.00 (USD). If a second late payment occurs, Host reserves the right to terminate Participant’s participation in the program without refund of any monies paid. The payment plan may be terminated by Host and the entire remaining balance of the Event investment as detailed in Schedule A shall be immediately due by Participant to attend the Event. After thirty (30) days of any missed payment, Participant will incur and be charged an interest rate of two percent (2%) per month. Host reserves the right to send outdated accounts over to collection agencies and report unpaid balance to credit bureaus. Any checks returned to Host for insufficient funds shall be subject to a fee of $75.00 (USD).
This engagement shall commence as of the signing of this agreement and remitting the Event Fee and shall continue through culmination of Event, or cancellation by either party.
(a) Participant may cancel this Agreement for any reason by providing written notice to Company. Please note, Financial Success Media, LLC will not issue any refunds.
- Cancellation of this Agreement at any time does not alleviate Participant’s obligation to pay Event Fees in full. Participant understands that they will NOT receive a refund of monies paid in the event of cancellation.
- Participant understands that significant planning, preparation, reservations, hiring and a host of third-party services are secured by Host as a result of Participant agreeing to participant in the Event. As a result, Participant and Host agree that quantifying Host’s loss as a result of Participant cancellation is inherently difficult insofar as cancellation may impact the Host’s obligations to pay for merchandise, tickets, housing/lodging, and other costs visited upon Company as a result of Participant’s cancellation. Therefore, Participant understands if Participant cancels this Agreement, Participant will not receive a refund for monies paid and the monies received shall be retained by Company as liquidated damages. Both Participant and Company agree that the monies received are not a penalty, but a reasonable measure of damages, based upon the Company’s experience providing the Service and given the nature of the losses that may result from cancellation.
(b) Company may cancel this Agreement at any time for any reason by providing written notice to Participant. In the event that Company cancels this Agreement prior to commencement of the Event, Company will provide a full refund to Participant. In the event that Company cancels this Agreement after the Event commences, Company will provide a prorated refund to Participant. Company is not responsible for any expenses incurred by Participant related to the Event prior to cancellation by the Company.
Participant shall not be entitled to any refund for any monies spent under this Agreement. If Participant wishes to terminate this Agreement prior to its planned expiration, Participant will forfeit each of the fees until then paid to the Host. However, Participant may apply the Event Fee towards other services of equal or lesser value such as the Coaching package.
WARRANTIES OR REPRESENTATIONS
(a) Company’s Warranties: Company represents, warrants and covenants that Company has full authority to enter into this Agreement and that all of the services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Participant’s Warranties: Participant represents, warrants and covenants that Participant has full authority to enter into this Agreement and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Participant’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
The Company and the Company’s team are not qualified to provide legal, tax, accounting or financial advice, and the information provided to Participant by the Event speakers is not intended as such. Participant should refer all legal, tax, accounting, and financially related inquiries to appropriately qualified professionals.
No Guarantees. Company cannot guarantee the outcome of the Event and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the services described shall be provided to Participant in accordance with the terms of this agreement. Participant acknowledges that Company cannot guarantee any results for Event activities, master classes and services as such outcomes are based on subjective factors that cannot be controlled by Company.
The Parties agree that neither Company nor Participant will engage in any conduct or communication with a third-party, public or private, designed to disparage the other. Neither Participant nor any of Participant’s associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize, or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing), any remark, comment, message, information, declaration, communication, or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative towards the Company or towards Financial Success Media, LLC or any of its clients, directors, officers, affiliates, subsidiaries, employees, agents, or representatives.
VOLUNTARY PHYSICAL PARTICIPATION
You hereby acknowledge and agree that you will voluntarily be participating in certain physical activities ("Physical Activities") on the Live Event. The Physical Activities may include, but are not limited to: walking, swimming, hiking, biking, yoga, fitness activities, climbing, or other types of strenuous physical activities.
You understand and are aware that your participation in the Physical Activities involves risks. These risks may lead to tangible or intangible harm, and you agree that they may result not only from your own actions but also from the actions of others. With the knowledge and understanding of these risks, you choose, of your own will and volition, to continue participating in the Physical Activities.
You also acknowledge and agree that there are risks that you may not have considered, yet you waive your right to any claims that may occur from these unconsidered risks and choose, of your own will and volition, to participate in the Physical Activities.
You acknowledge and agree that by attending the Live Event you consent to waive certain legal rights, including the right to sue the Host, and, if applicable, its owners, employees, agents, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to you during your participation in any of the Physical Activities undertaken while under their instruction or thereafter.
RELEASE OF LIABILITY
Participant hereby takes the following action for himself or herself, his/her executors, administrators, heirs, next of kin, successors, and assigns:
(a) I waive, release, and discharge the Company and/or its directors, officers, employees, volunteers, sponsors, representatives, and agents, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me during the trip or during my travels to and from the Event.
(b) I indemnify, hold harmless and promise not to sue the Company or persons mentioned in this document from any and all liabilities or claims made as a result of participation in the Event, whether caused by negligence or otherwise.
ALTERATIONS TO THE SERVICE
Company reserves the right to make reasonable alterations to the program of the Event, including activities as necessary to maintain the safety of participants and the integrity of the Event experience. Participants understand that the route, schedules, itineraries, amenities and mode of transport to and from any activities may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
HOLD HARMLESS AND RELEASE OF LIABILITY
RELATING TO TRANSPORTATION
The Event does not include travel costs, airfare, or housing/lodging during your participation in the Event. Participants and parents are responsible for securing and paying for their own housing and transportation.
We strongly advise the parents to drive their children to and from the Event and we strongly discourage carpooling. However, if parents allow their children to drive themselves to the Event or carpool by signing this agreement, Participant hereby takes the following action for himself or herself, his or her executors, administrators, heirs, next of kin, successors, and acknowledges the following:
(a) I hereby release, waive, discharge and covenant not to sue the Company and its individual members, officers, agents, servants, or employees (hereinafter referred to as releasees) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by my minor child(ren) or I, or any of the property belonging to me, as result of, or in any way arising out of my child(ren) traveling to and or from the Event in a vehicle or vehicles not owned or operated by the Company.
(b) Additionally, I voluntarily assume full responsibility for any risks of loss and hereby agree to indemnify and hold harmless the releasees from any loss, liability, damage or costs due to my child(ren) traveling to and or from the Event in a vehicle or vehicles not owned or operated by the Company.
Any hotel or car rental recommendations recommended by the Company is not an affiliate or subsidiary of the Company, but an independent third-party. All reservations, fees and services shall be handled between the Participant and the third-parties, not Financial Success Media, LLC and its affiliates.
GENERAL ASSUMPTION OF RISK
You agree and understand that your participation in the Live Event may involve risks. These risks may lead to tangible or intangible harm, as discussed above. Additional risks, such as those risks involved in being in another country, a country where medical services are not available, or a country with an unsteady political, cultural, or geographical climate, may also be present.
It is your responsibility to familiarize yourself with all possible risks involved in participation in the Live Event. You agree that Host is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Live Event.
YOU ACKNOWLEDGE THAT YOUR DECISION TO ATTEND THE LIVE EVENT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED ABOVE AND THAT YOU ARE ATTENDING OF YOUR OWN WILL AND VOLITION. YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE LIVE EVENT. IN NO EVENT WILL HOST BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE LIVE EVENT.
ASSUMPTION OF THE RISK AND RELEASE OF LIABILITY
RELATING TO CORONAVIRUS/ COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Financial Success Media, LLC (“the Company”) has put in place preventative measures to reduce the spread of COVID-19; however, the Company cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Event could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you or your child(ren) may be exposed to or infected by COVID-19 by attending the Event and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. You further understand that the risk of becoming exposed to or infected by COVID-19 at the Event may result from the actions, omissions, or negligence of yourself and others, including, but not limited to, the Company's employees, volunteers, and program participants and their families.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to you or your child(ren) (including, but not limited to, personal injury, disability, and/or death), illness, damage, loss, claim, liability, or expense, of any kind, that you or your child(ren) may experience or incur in connection with your child(ren)’s attendance at the Event ("Claims"). On your behalf, and on behalf of your children, you hereby release, covenant not to sue, discharge, and hold harmless the Company, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Company, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any of the Company's programs.
Except as necessary to cooperate with the legal process, including law enforcement and governmental requests; or comply with applicable laws and regulations, Company agrees not to disclose Participant’s confidential information. Participant agrees not to disclose the confidential or proprietary information or ideas of other participants in the Event. Participant’s breach of this paragraph, if discovered during the term of this agreement, may result in cancellation of Participant’s participation in the Event without refund.
All material and information provided by the Company as part of the Event is proprietary and comprises intellectual property owned solely by Company. Company maintains exclusive, worldwide right, title, interest, ownership and all subsidiary rights, including all rights accruing to Company under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, services, techniques, marketing ideas, and commercial strategies, that have been or will be created by Company (“the Work”), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. Participant does not have permission to use, reproduce, distribute or create derivative works based on the Work.
You’ve Got Clients ® is a registered trademark of Financial Success Media, LLC.
The Company is not liable for failure or delay in performance of the Company’s obligations under this Agreement if such failure or delay in performance is as a result of causes and/or circumstances beyond the Company’s reasonable control and without its fault or negligence, including but not limited to accident, illness, pandemics (including but not limited to COVID-19), Acts of God (including fire, flood, earthquake, storm, hurricane, or other natural disaster) or of the Public Enemy, acts of war, acts of the government in its sovereign capacity, fires, floods, epidemics, quarantine restrictions, unusually severe weather, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
Should any such occurrence impede or delay travel and execution of any obligation under this Agreement, every reasonable effort will be made by the Company to mitigate, modify or alter this Agreement as to meet the stated and agreed upon obligations. The Company is not entitled to terminate this Agreement in such circumstances, except by mutual consent and agreement in writing pursuant to the Force Majeure provisions. If the Company asserts Force Majeure as an excuse for failure to perform the party's obligation, then the Company must prove that it took reasonable steps to minimize delay or damages caused by foreseeable events, that the Company substantially fulfilled all non-excused obligations, and that the Participant was timely notified of the likelihood or actual occurrence of an event described in in this Paragraph. Should Force Majeure render the need for Company's services null and void, Participant agrees to terminate the contract amicably and bear their own expenses incurred to date unless otherwise indicated or specified.
Should any such occurrence impede or delay travel and execution of any obligation under this Agreement held by Participant, Participant will still be required to satisfy its obligations under this Agreement, including, but not limited to, remitting outstanding payments to Company and paying for any accommodations reserved and/or booked by Company on your behalf in anticipation of your arrival. Failure to physically show up for the Event will not alleviate your duties under this Agreement.
IMPOSSIBILITY OF PERFORMANCE
Neither party to this Agreement shall be deemed to be in violation of this Agreement if it is prevented from performing any of its obligations hereunder for any reason beyond its control and without fault, including without limitation, acts of God or of the public enemy, man-made disaster, flood or storm, pandemics (including but not limited to COVID-19), strikes or statutory regulation or rule of any federal, state, or local government, wars, or any agency thereof, however, the Party so delayed shall exercise its best efforts to remedy any such cause of delay or cause preventing performance.
You are solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as passports, as well as any required and applicable travel visas, immunizations, or other required documentation for the locations being visited. Host is not liable or responsible for any Guest being denied entry or exit to or from any location or country.
All guests are required to purchase and maintain travel insurance during the entire length of the Live Event (including through the return date). Guests are individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should include, but not be limited to: illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses, and/or liabilities.
Host is not responsible or liable for any loss, damage, expense, cost, or any other travel issue. You will not be permitted to travel on the Live Event without providing proof of travel insurance.
You acknowledge and agree that before and during the Live Event, 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 Live Event, you hereby and 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 Host, as well as any employees, affiliates, associates, representatives, or agents (collectively referred to as the "Release Receiver") for any legal 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 that has been or will be invented.
The Released Media will include, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, and all other media currently known or hereinafter developed, captured of you or your likeness before and during the Live Event 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 privacy violations, right of publicity claims, 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 while knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not make known to any party in any medium my known or previously known location, email or physical address, or any other contact details, such as phone number.
Dispute Resolution. In 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 arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. 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 Tennessee. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section 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 the Host will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of Tennessee without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Agreement or the Services provided hereunder: Shelby County.
Recovery of Litigation Expenses. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled
Assignment. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Participant may not assign any of its rights under this Agreement, except to a wholly owned subsidiary entity of Participant. No such assignment by Participant to its wholly owned subsidiary shall relieve Participant of any of its obligations or duties under this Agreement.
No waiver. No term or provision of this Agreement will be considered waived by Company, and no breach excused by Company, unless such waiver or consent is in writing and signed by Company. The waiver by Company of, or consent by Company to, a breach, of any provision of this Agreement by Participant will not operate or be construed as a waiver of, consent to or excuse of any other or subsequent breach by Participant.
Counterparts. This Agreement may be executed in counterparts, all of which shall constitute a single agreement which includes the schedules as mentioned above. The Agreement shall be effective as of the date set forth above.
Notices. All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a "Notice") shall be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other through personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (i) the receiving party has received the Notice and (ii) the party giving the Notice has complied with the requirements of this Section.
Entire Agreement. This Agreement and Schedule constitute the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior written or oral representations and understandings. No amendment, modification, change or alteration of this Agreement and Schedule will be effective unless made in writing and signed by a duly authorized officer or representative of each Party.
Severability. If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable: (a) that provision will be deemed amended to achieve as nearly as possible the same economic and/or protective effect as the original provision; and (b) the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby.
Neutral Construction. This Agreement was prepared by Company's legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
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.
Restrictions. Guest is prohibited from selling or reselling Guest's space in the Live Event, unless Guest has specifically executed a written agreement with Host that expressly allows for such activity.
Survival. Any provision of this Agreement which by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement.
In WITNESS WHEREOF, the undersigned have hereunto set their hands and seals on the day and year first above written.