TERMS AND CONDITIONS DISCLAIMER AND AGREEMENT 

 

This On-Line Business Mentorship, Courses, Trainings and Resources Terms and Conditions Disclaimer and Agreement and (“Agreement”) is made by and between Higher Health Solutions, LLC, an Indiana business (“Company”) and the below-signed attendee.  Signage is completed via checkout Terms Conditions agreement.  Attendeeis unable to purchase a ticket without agreement of T&C.  Ticket purchase and checkmark of agreement indicates signage of this agreement. 

 

1. AGREEMENT.  By registering, purchasing, using and/or continuing to use Company’s Services, participating in Company’s Program and/or accessing Company’s Materials, attendee  agrees to be bound by the terms and conditions of this Agreement.  Selecting the “I agree to these terms and conditions” button on any checkouts throughout the company site is equivalent to an electronic signature, binding the purchaser and user to the agreements outlined herein.

 

2. DEFINITIONS.

“Program” will include instruction and coaching with the focus on building and growing a business. 

“Company’s Materials” include information and content, including written materials, provided to attendee  as part of the Program. 

“attendee ” shall include any person, business or entity who registers for the Program including any employee and/or agent of such business or entity and who has timely paid all fees and costs.  To be an attendee , you must be 18 years or older and by entering into this Agreement you represent that you are at least 18 years old and agree to be bound by these terms and conditions. If executing this Agreement on behalf of a business or entity, you represent that you have the actual authority to enter into this Agreement and bind your business or entity to the terms and conditions contained herein. 

“Commencement Date” means the date that the Service Fee is paid.

“Services” will include, without limitation, advising attendee on business strategy, marketing, organization, operations, business coaching, establishing business relationships and connections, starting up new businesses, promoting existing businesses, expanding markets, developing business plans, setting up accounts, branding, website and social media presence, relationship building and connections, sales training, webinar modules, videos and any Company’s Materials and related business consulting services provided to attendee .   

 

3. COMMENCEMENT AND DURATION.  This Agreement is for the in-person business event as indicated on the checkout page.  

 

4.   SERVICE FEES.  To enroll in the Event, attendee must pay the Service Fee in full as indicated on the chosen checkout option.    

 

5. LICENSE.   

 

5.1 Subject to the terms and conditions set forth in this Agreement, the right to view the Program and access to Company’s Materials is limited to Company’s paying attendee .  Company’s Program and/or Materials shall not be provided to any third-party and shall not be reproduced, copied, downloaded, recorded or replayed without the express written authorization of Company.  Accordingly, attendee  is prohibited from downloading, recording, storing, reproducing, transmitting, displaying, printing, copying, selling or distributing the Program or Company’s Materials.  

 

5.2 All right, title, and interest (including all copyrights and other intellectual property rights) in the Program or Company’s Materials belong to the Company and attendee  and shall not acquire any ownership interest, copyright or other intellectual property rights or proprietary interest in the Program or Company’s Materials or copies thereof.

 

5.3 Attendee shall not record or reproduce for sale, download/post to the Internet or otherwise misappropriate the Program or Company’s Material in any fashion or do anything that infringes on Company’s proprietary ownership or copyright interest.

 

5.4 Attendee  may not remove or obscure any Company badge, icon, label, trademark, watermark or other notice contained in the Program or Company’s Materials 

 

6. ACCESS TO SERVICES.

 

6.1 Only attendee  or any authorized employee or agent of attendee  shall be entitled to access the Program and/or Company’s Materials.  Attendee  may not share any information, templates, materials, or intellectual property with anyone other than the actual purchaser of the program.

 

6.2 Content and features of the Program and/or Company’s Materials may be amended, changed or withdrawn by Company at any time without notice. Company shall not be responsible or liable for any harm or damages to attendee  or attendee ’s business as a direct or indirect result of a decision to alter, remove, or change Company’s Program or Company’s Materials without notice.

 

6.3 Attendee shall ensure that each person having access to the Program and/or Company’s Materials is: (a) authorized to access the Program and/or Company’s Materials; and (b) is bound by and shall otherwise comply with the terms and conditions of this Agreement; and (c) has paid the Service Fee in full.

 

6.4 It is an express term of this Agreement that attendee  shall advise Company of the number of authorized users who will be accessing the Program and/or Company’s Materials.  Company may charge additional Service Fees based on the number of additional participants.  In the event attendee  fails to notify Company of the correct number of participants, Company shall be entitled to treat such failure as a material breach of this Agreement, terminate this Agreement immediately and pursue attendee  for additional Service Fees as well as any/all direct and consequential losses arising from attendee 's breach of this Agreement and the recovery of reasonable attorneys’ fees associated therewith.  

 

6.5 All reasonable efforts will be made to ensure that the Program and/or Company’s Materials will be accessible to attendee  at all reasonable times.  However, Company shall not be responsible for circumstances beyond Company’s control which may affect attendee ’s ability to view or access the Program and/or Company’s Materials and attendee  agrees that there will be no right to any refund or reimbursement in such circumstances.

 

6.6 Attendee consents to Company monitoring attendee’s access to the Program and/or Program Material, including the tracking of computer usage and/or IP addresses to ensure against the unauthorized use, copying or dissemination of the Program and/or Company’s Materials.

 

7. CANCELLATION BY Company.  Company may terminate or suspend its performance of all or part of its obligations under this Agreement immediately and without liability for compensation or damages where attendee : (a) fails to comply with the terms and conditions of this Agreement including all payment obligations; (b) makes or issues any communication which is defamatory or which portrays Company in a negative or false light or which is harmful/potentially harmful or prejudicial to Company in the marketplace; (c) misappropriates or uses without permission or authorization Company’s Materials, information or Website; or (c) engages in any act intended to harm or damage Company or its associates.

8. REFUND POLICY AND UPGRADE OPTION

 

8.1  The company has a strict no refund policy on event tickets purchased. 

 

By purchasing a ticket and checking out on this page, you understand and agree that all sales are final and no refunds will be provided for any and all reasoning.

 

We do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

As part of your ticket purchase, you will have access to a communication app/channel for other event attendees. 

 

The group can be shut down at any time without recreation. It is optional to join, and you can be removed from the group at any time by its admins.

 

By checking the box on the applicable checkout page,  “I have read and agree to the terms and conditions of this page as follows” attendee  understands that they are entering into a binding contract.

 

If the event is canceled for any reason by the company, the ticket will not be refunded but will be credited to a future event, course investment, or mastermind investment.

 

This is in effect for any variations of ticket options.  

 

If you received a “Free” ticket from the company, you will be responsible for a $500 deposit at checkout.  This is to secure your place and for Company planning.  You will receive a full refund of the $500 upon arrival at the event.  If you are unable to attend the event for any reasonings, this deposit is NON-REFUNDABLE.  

9.  ASSUMPTION OF RISK, WAIVER OF LIABILITY, INDEMNITY AGREEMENT AND CONSENT TO MEDICAL TREATMENT

 

9.1 The following must be carefully read and signed in consideration of being permitted to participate in CEO’s Ocean Club: Miami Business Growth Intensive (for any purpose), whether on a website hosted by Higher Health Solutions, LLC an Indiana business, or a third-party website such as facebook.com; use any training programs; participate in any one-on-one or group coaching, class, or personal training; participate in any workshop or challenge; attend any event; view any video; and/or purchase or take part in any future service or activity, whether now known or unknown (collectively “Activities”). As used in this Waiver, the term “Releasees” is defined to include the following: (i) Higher Health Solutions, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, “Host”); (ii) any Host volunteers; (iii) Higher Health Solutions, LLC, Maggie Berghoff, Madison Latifi, Jimmy Berghoff, and any and all contractors, employees, and friends of the Company supporting the event.

 

NOTE TO MINORS: You acknowledge that your parent or guardian has reviewed, understood and agreed to the terms below.

 

NOTE TO PARENTS/GUARDIANS OF MINORS: You acknowledge that you have reviewed, understood and agreed to the terms of this Agreement (such terms being interpreted as if they applied both to you and your minor child/ward) and have the legal authority to enter into this Agreement on behalf of your minor child/ward.

 

1. I understand that physical activity and exercise are inherently risky and dangerous activities.  Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releases. 

 

1. I am fully aware of the risks and hazards inherent in participating in Activities and I voluntarily, knowingly and freely assume all risks associated with participating in Activities, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis and even death.
   
   This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to me by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, coaches, agents, representatives, successors, and assigns.  I agree that I am voluntarily participating in Activities and assume all risk of injury, illness, damage, or loss to me or my property that might result, whether arising out of the negligence of Releasees or otherwise.
   
   
2. I represent and warrant to Releases that I am able to safely participate in Activities and have no medical condition that would make my participation in Activities more hazardous.  I acknowledge that I have had a physical examination and have been given a physician’s permission to participate, or that I have decided to participate in Activities without the approval of a physician.

 

1. I consent to medical care and transportation in order to obtain treatment in the event of injury to me as Host, volunteers or medical professionals may deem appropriate and understand that this Waiver & Release 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.

 

1. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Host through its employees, coaches, representatives or agents and to abide by any decision of any Host staff or volunteers relative to my ability to safely participate in or attend Activities.

 

1. 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.  Host may dismiss me, without refund, should my behavior endanger the safety of or negatively affect Activities or any person, facility or property. 

 

1. I agree not to consume alcohol prior to Activities that involve physical exercise or activity, or use any medicine or substance that will inhibit my mental or physical ability to safely participate in such Activities. If I choose to consume alcoholic beverages after such Activities, I will do so responsibly and only if I am over the age of twenty-one (21).

 

1. I understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen at or during Activities.

 

1. I consent to the use of my image in photographs, motion pictures or recordings, whether altered or unaltered, taken at Activities for use in Host advertising, marketing or promotion 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, motion pictures or recordings.  These images and videos may be testimonials prompted or unprompted, behind-the-scenes footage, or any other media form. 

 

1. I assign to Host all rights, title, and interest in any and all photographs, motion pictures, recordings or other records of Activities I may take or capture.  Host grants to me a limited, non-exclusive right and license to use, for non-commercial purposes only, any and all photographs, motion pictures, recordings or other records of Activities I may take or capture.

 

1. I understand and agree that all purchases for Activities or other goods or services of any kind are final and non-refundable.

 

1. I acknowledge that Host owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during Activities.  Host hereby grants me permission to use these materials for my own personal use only.  I agree not to copy, share, sell, or distribute any of these materials to anyone else.

 

1. I indemnify and hold harmless the 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 the Releasees. I also agree to indemnify the Releasees from any and all third party claims caused in whole or in part by my negligent or intentional acts or omissions.

 

1. I release, waive, discharge and covenant not to sue the 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 (or my minor child’s/ward’s) attendance or participation in Activities, whether or not caused by the active or passive negligence of the Releasees.
   
   This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my use of any exercise equipment or facilities which may malfunction or break; (b) improper maintenance of any exercise equipment, premises or facilities; (c) negligent instruction or supervision, including but not limited to Activities; (d) negligent hiring, training, supervision, or retention of coaches, employees or volunteers; and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from Activities, including injuries resulting from Releasees’ or anyone else’s negligent inspection or maintenance of the facility or premises.

 

1. Applicable to California residents only:  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. 

 

1. Force Majeure. Releasees shall not be deemed in breach of this Waiver if Releasees are unable to provide all of the Activities or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of Releasees or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Releasees’ control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Releasees shall give notice to You of its inability to perform or of delay in completing the Activities and shall propose revisions to the schedule for completion of the Activities or other accommodations, or may terminate this Waiver.

9.2 Company makes no express or implied warranty regarding the Program, Program contents or Company’s Materials.  The Program and Services provided by Company are provided on an "AS IS" and "AS AVAILABLE" basis, and Company makes no express or implied warranties under this Agreement, including without limitation, that the Program, Program contents, Company’s Materials or Services are complete, accurate and/or free from errors.  Accordingly, Company shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Program and/or Company’s Materials; (b) the unavailability or interruption of the Program and/or Company’s Materials or the supply of the Services, (c) attendee 's use or misuse of the Program and/or Company’s Materials, (d) attendee 's use of any computer, server, Internet service, Wi Fi system or other equipment in accessing or attempting to access the Program and/or Company’s Materials or Services, (e) the content of the Program and/or Company’s Materials, (f) any delay or failure in performance beyond the control of Company, or (g) any act, omission or negligence of any third party over which Company has no control.

 

9.3 Company’s Program and Company’s Materials are intended to provide educational instruction, tutoring and coaching with the focus on building and establishing an online consulting business. Company does not warrant or guarantee any type of specific results, outcomes, changes or gains through use of the Services, the Program and Company’s Materials and Company does not make any warranties or guarantees regarding the success of attendee ’s business, any coaching program, or any results stemming therefrom. Attendee  agrees and acknowledges that attendee ’s use of any information contained in the Program is purely voluntary.  Although Company will be providing consulting Services for and on behalf of attendee , ultimate success of attendee ’s business depends on the dedication and effort of the attendee .  Accordingly, Company does not warrant or guarantee, either expressly or impliedly, the success or profitability of attendee ’s business either during or upon completion of the Services provided under this Agreement. Ultimately, business success and attendee ’s revenue will depend on a variety of factors outside of the control of Company.  Please note that although many Companies and coaches advertise claims of projected income, large revenue is an unlikely result and is not typical in the first several months/year(s) of business.  Many find that the first year of business is spent seeking to establish attendee  relationships, developing content and establishing a loyal following. Company’s Services are intended to assist attendee  in being successful and Company is committed to mentoring the attendee  toward that goal. However, the ultimate success of an attendee ’s business depends on many factors outside the control of Company.  Accordingly, the Company makes no guarantees as to the success or profitability of attendee ’s business.  

 

9.4 Company shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from or alleged to be caused by Company or the Services provided by Company under this Agreement.  Should it be determined by a court or tribunal that Company is liable to attendee  as a result of any claim including, without limitation, any breach or alleged breach of any term or condition of this Agreement, for any breach or alleged breach of any express or implied warranty, misrepresentation, for any act, omission or claim of negligence, or violation or alleged violation of any federal, state or local law or statute, Company’s liability shall be fixed and/or limited to refunding the Service Fee paid by attendee  either in whole or in part and attendee  agrees than in no circumstance will Company be liable to attendee  for any special, indirect, incidental or consequential damages of any kind, lost profits, lost wages, cover damages, punitive damages, liquidated damages, costs or attorneys’ fees.  Company’s liability to attendee , including loss or damage caused by negligence, if any, shall be reduced to the extent attendee  caused or contributed to attendee ’s alleged loss or damage

 

9.5 Company’s liability to attendee  for loss or damage of any kind (including loss or damage caused by negligence), if any, shall be reduced to the extent that attendee  caused or contributed to that loss or damage.

 

9.6 Attendee  agrees than in no circumstance should Company be liable to attendee  for any special, indirect, incidental or consequential damages of any kind, lost profits, lost wages, cover damages, punitive damages, liquidated damages, costs or recovery of attorneys’ fees due to, resulting from or arising in connection with the Program, Company’s Materials and/or Services or the failure of Company to perform any obligation under this Agreement. 

 

9.7 The Company’s Materials and/or Services provided to attendee  are for reference purposes only and are not intended to constitute legal or accounting advice or consultation.  attendee  further understands and acknowledges that Company and/or its employees and representatives are not paralegals, lawyers, accountants or tax advisors. The Services provided under this Agreement are not intended as a substitute for professional advice or judgment including legal or accounting consultation or advice and attendee  shall obtain independent verification or professional legal and/or accounting advice regarding issues or questions of a legal or accounting nature and nothing in the Program or the Company’s Materials is intended to take the place of a consultation with any such professional. Accordingly, attendee ’s participation in the Program does not create or imply a lawyer-attendee  relationship of any kind. 

 

9.8 Company makes reasonable efforts to keep the Program and/or Company’s Materials up to date.  However, attendee  should obtain independent verification or advice before relying upon any information contained in the Program and/or Company’s Materials in circumstances where loss or damage may result.

 

9.9 By accessing Company’s website and reviewing Company’s Program and materials, attendee  understands and agrees that Company makes no guarantees or warranties regarding the condition of website, including functionality, existence of viruses or other components that may harm attendee ’s computers, uninterrupted use, constant access and availability, and the like.  Company will make every effort to make Company’s website available for access to attendee  at all times.  However, from time to time the website may be down for maintenance, repairs or updates, as a result of “crashing” or overuse, or other reasons, known or unknown to attendee , and attendee  agrees and understands that this may occur without explanation. Should this occur, attendee  understands and agrees that Company shall not be responsible or liable for any damages, losses, interruption caused to attendee  or attendee ’s business and attendee  shall not receive or be entitled to any refund or reimbursement, either in full or pro rata, as a result thereof.

 

9.10 Attendee shall confirm and verify that attendee ’s business does not violate applicable federal, state or local laws, statutes and/or ordinances.

 

10. TESTIMONIALS.  Company solicits testimonials from attendees to provide comments, feedback and information from their experience with the Company's Program.  By executing this Agreement, attendee  agrees to permit Company to use, publish, post, and/or communicate any testimonial and otherwise grants Company a royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, post, advertise, communicate, transmit, copy, edit, exploit or otherwise publicly disseminate any communication or testimonial submitted by attendee , in whole or in part, with or without identifying attendee  as the author of the original post or comment. If Company so chooses to identify attendee , attendee  also grants Company the right to identify attendee  as the author of any communication or testimonial, by name, initials, email address, screen name, or any other reasonable manner of identification.  Any and all testimonials used for the purpose of engaging attendee  into purchasing the programs, resources, training, and coaching provided by Company do not in any way guarantee that the attendee  will experience similar results.

 

11. USE OF ATTENDEE INFORMATION AND IMAGE.  Company may use personal or business information of attendee  for the purposes of: a) providing the Services under this Agreement, b) processing attendee  invoicing, billings and payments, and c) communicating with attendee .  Company may also provide personal or business information about attendee  to third parties in furtherance of the Service provided by Company under this Agreement. attendee  irrevocably grants to Company the right to use the attendee ’s name, video, photograph, image, likeness, persona, voice or audio recordings and/or video recordings, in all forms of media whatsoever, whether in original, composite, modified, edited or adapted format or form, for any and/or all purposes, including without limitation, testimonials, advertising, trade, educational or promotional use, or any commercial purpose whatsoever in perpetuity (both during the undersigned’s lifetime and after death).  attendee  waives, releases and forever discharges Company from any liability or claim that may arise regarding the use of the undersigned’s name or image as described above including, without limitation, any claim alleging, tortious conduct, negligence, breach of duty, breach of contract, defamation, libel, slander, negative light, misappropriation of name/image/likeness, humiliation, embarrassment, mental pain/distress, damage to reputation, injury to person/character, unauthorized use of images/likeness/photographs, invasion of privacy, exploitation, infringement of moral rights, violation of publicity rights, violation of property interest, unauthorized use of a personality’s right of publicity, any violation of any state or federal trademark or copyright law or statute, common law copyright infringement, federal or state right of publicity law, right to privacy law, or any other state, federal law, statute or common law claim regarding the use of attendee ’s name and/or image.  

 

12. REPRODUCTION AND COMPETITION RESTRICTION.  The Program and Company’s Materials is for the use of the attendee  or other authorized user only and may not be replicated, copied or transmitted to any third party for sale or any other commercial use or purpose without our prior written consent of Company.  Attendee  shall not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained in the Program or the Company’s Materials for sale or other commercial purpose other than as permitted by this Agreement. In addition, attendee  is prohibited for a period of eighteen (18) months after the Commencement Date from providing for sale or profit, on-line business mentorship, courses, trainings and resources which are substantially similar to and/or competitive with those offered and/or provided by Company.  

 

13. OWNERSHIP OF MATERIALS.  Company’s Materials are and shall remain the sole and exclusive property of Company and are disclosed to attendee  in reliance on attendee ’s agreement to maintain Company’s Materials as confidential and not to use or disclose Company’s Materials to any person except for use by attendee  under this Agreement.  attendee  understands that this Agreement shall not convey to attendee  any ownership, property or other rights of any kind in Company’s Materials

 

14.   NON-DISPARAGEMENT.  Attendee  agrees that during the Term of this Agreement and at all times thereafter, attendee  shall not disparage the name, reputation or goodwill of Company or any of its officers, directors, owners, members, employees, products, Company’s Materials or Services.

 

15. MISCELLANEOUS

15.1 Governing Law/Venue. All disputes between Company and attendee  hereto, including any and all disputes arising out of this Agreement, shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the procedural and substantive laws (and not the conflict of law rules) of the State of Indiana, United States of America (“USA”). Any dispute arising under or out of this Agreement or between Company and attendee  hereto shall be heard by either the state (circuit or superior) court located in Hamilton County, Indiana or the United States District Court for the Southern District of Indiana, U.S.A., and the parties consent and otherwise agree to the personal jurisdiction of said courts. Company and attendee  hereby irrevocably waives all claims of lack of jurisdiction and forgoes any right to object on the basis that any dispute, action, suit or proceeding has been brought in an improper or inconvenient forum or venue. Should attendee  file a suit or claim in a venue or forum other than as provided herein, attendee  shall pay to Company all costs, including attorneys’ fees, travel costs and local counsel fees, associated with dismissing the improperly filed matter or otherwise related to transferring said action to the proper court and/or venue. Subject to the foregoing, Company reserves the right to domesticate or seek judicial enforcement of any order or judgment enforcing the restrictive covenants contained herein as it deems necessary to effectuate same.  In the event this section violates any state or federal law, the parties agree to omit, exclude, remove or blue-pencil the violating language without affecting the enforceability of the remaining provisions of this Agreement.

 

15.2 Waiver of Jury Trial.  attendee  irrevocably waives, to the fullest extent permitted by law, any right to a trial by jury in any legal proceeding arising between the parties including any dispute arising out of this Agreement

 

15.3 Amendments and Modifications.  The terms and conditions as contained in this Agreement may be changed or updated at any time and Company reserves the right to make any change or update at any time in its sole discretion.  It shall be the burden of attendee  to routinely check for updates to terms and conditions.  By continuing to use Program and/or Company’s Materials, attendee  agrees to be bound by the terms and conditions, including any amendments thereto. If attendee  is not in agreement with Company’s terms and conditions or any amendments thereto, attendee  shall notify Company of same, in writing.

 

15.4 Cost of Collections.  Should any account be subjected to collection efforts or litigation, Company shall be entitled to all amounts due plus late fees, collection fees, attorneys’ fees, costs, expenses and interest at the maximum statutory rate established by applicable law.  

 

15.5 Authority.  Attendee  represents and warrants that he/she has the actual authority to enter into this Agreement and bind attendee  to the terms contained herein and by signing below, attendee  agrees to the terms and conditions of this Agreement

I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. I am aware and agree that by executing this waiver and release, I am giving up my right to bring a legal action or assert a claim against Releasees for their negligence, or for any defective product used while participating in Activities. I have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.