The following must be carefully read and signed in consideration of being permitted to participate in any event, class, conference, or workshop (collectively “Activities”) hosted or provided by: (i) Amy Porterfield, Inc., its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, the “Company”); (ii) any Company volunteers; (iii) Amy Porterfield (“Consultant”); and (iv) any person or entity engaged by the Company to provide goods or services in connection with the Activities (collectively “Releasees”).
FEES, DEPOSIT, AND PAYMENT TERMS
I agree to pay the full cost for my admission (“Ticket Price”) to attend the Activities and may not transfer my admission to anyone else without the Company’s written permission.
If I received a free ticket as a bonus, I understand that the ticket offer can be revoked in the event of a failed program payment and/or refund..
REFUND POLICY AND CANCELLATION DEADLINE
In consideration of my access to the Activities, I agree to pay the Ticket Price or refundable deposit to which I agree at checkout. This Ticket Price or refundable deposit will secure my participation in the Activities and both are 100% refundable up until the cancellation deadline.
I may cancel my registration and receive a full refund of the Ticket Price or refundable deposit until the cancellation deadline of November 30, 2020. No refunds will be issued for cancellations made after that deadline or if I fail to attend the Activities. For further questions, please contact support@amyporterfield.com.
DISCLAIMER
I acknowledge that neither Consultant nor any other person acting on behalf of the Company is an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist, lawyer, or accountant providing services to me. I understand that Consultant has not promised, shall not be obligated to, and will not: (1) procure or attempt to procure employment or business or sales for me; (2) perform any business management functions including but not limited to, legal, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for me; or (6) introduce me to Consultant’s network of contacts, media partners or business partners. I acknowledge that the Activities are offered for information purposes only and no portion of them is intended to substitute for professional advice, including but not limited to medical, psychiatric, psychological, behavioral, legal, or financial advice and/or treatment, and that I may not rely on the Activities to provide such advice or treatment. I understand that no relationship exists among the Company, Consultant and me after the conclusion of the Activities. If I wish to engage the Company or Consultant for services in addition to the Activities, I must do so by a separate agreement.
NO EARNINGS GUARANTEE
I agree that there is no guarantee I will earn any money using the techniques and ideas provided in connection with the Activities. Examples provided during the Activities are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using the Company’s product, ideas and techniques. The Company does not position the Activities as a “get rich scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. My level of success in attaining the results claimed in the Company’s materials depends on my time devoted to my business, ideas and techniques mentioned, my finances, knowledge, skills and other factors that may not be predictable. Since these factors differ according to individuals, I acknowledge that the Company does not guarantee my success or income level, and is not responsible for any of my actions.
FOLLOWING RULES, INSTRUCTIONS
I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company and to abide by any decision of the Company relative to my ability to safely participate in or attend the Activities.
APPROPRIATE BEHAVIOR; DISMISSAL WITHOUT REFUND
I understand and agree that I am expected to exhibit appropriate behavior at all times while at Activities and to obey all local, state and federal civil and criminal laws while participating in or attending Activities. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss me, without refund, if I violate this Agreement in any way or if my behavior might endanger the safety of or negatively affect the Activities or any person, facility or property.
NON-DISPARAGEMENT
I agree that I will not directly or indirectly, in writing, verbally or digitally (including on social media), disparage, denigrate or issue any communication that reflects adversely on or encourages any adverse action against the Company or Consultant, unless I am testifying truthfully under oath pursuant to any lawful court order or subpoena, or otherwise responding to or providing disclosures required by law.
LOST, DAMAGED, OR STOLEN ITEMS
I understand and agree that the Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Activities.
FORCE MAJEURE
I agree that the Company shall not be liable or responsible to me, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
CONSENT TO MEDICAL CARE
I consent to medical care and transportation in order to obtain treatment in the event of injury to me as the Company or medical professionals may deem appropriate. I understand that this Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
CONSENT TO USE MY IMAGE
I consent to the use of my image, voice, and/or likeness in photographs, videos or recordings, whether altered or unaltered, taken at the Activities for use by the Company in any media now known or unknown, and I waive and release any right to compensation and/or damages with respect to the use, display, distribution or other publication of such photographs, videos or recordings.
LICENSE GRANT TO USE MY PHOTOS, VIDEOS, OR RECORDINGS
I grant the Company an unlimited, non-exclusive, perpetual right and license to use any and all photographs, videos, recordings or other records of Activities I may create or capture, in any media now known or unknown.
INTELLECTUAL PROPERTY, USE OF COMPANY MATERIALS
I acknowledge that the Company owns, or has permission to use, all copyrights, trademarks, logos, slogans, and other intellectual property rights in any written or digital materials or videos that may be used or provided during Activities (“Company Materials”). The Company hereby grants me permission to use Company Materials for my own personal use only. I agree not to copy, share, sell, or distribute any Company Materials to anyone else.
INDEMNIFICATION AND RELEASE
I indemnify and hold harmless Releasees from any loss, liability, damage or cost they may incur due to my participation in Activities, whether or not caused by the active or passive negligence of any Releasees. I also agree to indemnify the Releasees from any and all third-party claims caused in whole or in part by my negligent, reckless or intentional acts or omissions. I release, waive, discharge, hold harmless, and covenant not to sue Releasees from any and all liability to me, my personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my attendance or participation in Activities, whether or not caused by the active or passive negligence of any Releasees. This release is not intended as an attempted release of claims of grossly negligent, reckless or intentional acts by the Releasees. In the event that this release and indemnification provision is held unenforceable for any reason, I agree to limit any damages claimed to the total paid to the Company for the Activities, whether paid by me or a third party.
CALIFORNIA CIVIL CODE SECTION 1542 WAIVER
I expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
CHOICE OF LAW; VENUE
I understand and acknowledge that the laws of the State of California shall apply to all matters relating to this Release and Indemnity Agreement regardless of the Activity location, that the exclusive jurisdiction for any dispute with the Company resides in state or federal court in or nearest to Carlsbad, California. I expressly consent to the exercise of personal jurisdiction in the State of California and expressly waive the defense of forum non conveniens in connection with any dispute with the Company arising from my participation in or attendance at any Activities.
GENERAL TERMS
I expressly agree that this Release and Indemnity Agreement is intended to be as broad and inclusive as permitted by the law of the State of California, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations and cannot be modified except in writing signed by both Company and me.
I acknowledge that I have carefully read this agreement and fully understand that it is a binding contract and release of liability, express assumption of risk and indemnity agreement. I am aware and agree that by signing this agreement, I am giving up my right to bring a legal action or assert a claim against the Company for its negligence, or for any defective product used while participating in Activities. I have read and voluntarily signed this agreement and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
By clicking “I agree to the terms and conditions”, I am providing the electronic equivalent of my signature and assert that I have read, understood and agreed to this entire document.
© Amy Porterfield, Inc.
DATED: SEPTEMBER 13, 2020