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TERMS AND CONDITIONS OF PARTICIPATION AT EVENTS, PROGRAMS & RETREATS

Initial Event/Program Name: World’s Greatest Motivators

Initial Event/Program Dates: November 13 & 14, 2019

Initial Event/Program Location: Balboa Bay Club Resort, Newport Beach, CA

THESE TERMS AND CONDITIONS OF PARTICIPATION AT EVENTS, PROGRAMS AND RETREATS (the “Terms”) are entered into by the undersigned (“Participant”) in connection with, and of the same date (the “Effective Date”), as that certain Registration Form (the “Registration”) associated with the Event or Program referenced above and any future events or programs at any time any of which may occur during one or more days (collectively, the “Event”) offered by Kitchen Hamilton Productions, LLC and/or its affiliates, including the event location Balboa Bay Club Resort, and/or the guest speakers (collectively, “Promoter”). In consideration of Participant registering for, attending and/or participating in the Event and other good and valuable consideration received, Participant hereby agrees as follows:

1. Registration. By registering for the Event, Participant signifies Participant’s acceptance of, and obligation to abide by, the Registration and these Terms and any modifications to the foregoing as may be implemented by Promoter from time to time and reflected on Promoter’s website (collectively, the Agreement”). If Participant has any objections to the Agreement, Participant should not register for, or attend, the Event. These Terms are entered into in connection with and are hereby incorporated into and made a part of the Agreement. In the event of any conflict between these Terms and the Registration, these Terms shall govern.

2. Definitions. Except as otherwise defined in these Terms, capitalized words used in these Terms shall have the same meanings as set forth in the Registration. For purposes of these Terms, the owners, directors, managers, officers, employees, contractors, agents, affiliates, successors and assigns of a party shall be called the “Related Parties.” In no event shall any party hereto and its Related Parties be deemed to be a Related Party of any other party hereto or its Related Parties. Promoter and its Related Parties are sometimes herein called the “Released Parties.” The Agreement and any other documents referenced therein, or referencing the Agreement, along with any amendments thereto, are herein collectively called the “Documents.”

3. Participation. Participant shall pay all amounts and perform all obligations due to Promoter and its Related Parties in connection with the Event. Participant is responsible for his or her own expenses associated with the Event. If Participant fails to pay any amounts and/or perform any obligations in connection with the Event and/or under the Documents as and when due, Promoter reserves the right to take all actions in law and equity against Participant including cancellation of Participant’s participation in the Event without refund.

4. Cancelation. Participant understands that Promoter will incur certain costs in good faith reliance on Participant’s attendance at the Event. If Participant cancels Participant’s attendance at the Event or does not attend the Event, Participant may be required to forfeit all rights, training and payments associated with the Event in accordance with Promoter’s policies associated with the Event.

5. Reinstatement. If Participant cancels Participant’s Registration for the Event or does not attend the Event, Participant retains the right to reinstate other similar training that may be offered at a future date for the Reinstatement Fee set forth in the Registration or otherwise established by Promoter plus any difference in Event or tuition costs between the missed Event and the future event at the time that the future event or training is provided. Participant’s reinstatement and participation in any future event or training is subject to availability as determined by Promoter. If Participant does not participate in the Event, Promoter and its Related Parties shall not have any legal obligation to provide any future event or training of the same type or at the same location as the original Event.

6. Travel. Unless expressly provided otherwise in the Documents, Participant shall be responsible for all travel to, from and otherwise associated with the Event. If the Event will require Participant to engage in any significant travel, Participant should consider obtaining travel insurance in connection with the Event. Promoter and its Related Parties are not liable or responsible to provide any travel insurance associated with the Event.

7. Required Documentation. Participant shall take all actions and obtain all passports, permits, visas and other documents necessary for Participant to travel to and from all destinations associated with the Event in compliance with all applicable laws and any modifications thereto.

8. Event Rules. Promoter and the venue owner and their Related Parties, as well as other individuals and entities associated with the Event, may implement specific rules associated with the Event. Participant shall comply with all such rules and any other applicable laws and agreements associated with the Event.

9. Liability Waiver. Participant hereby represents and warrants that Participant has sufficient physical and mental health and financial capability to travel to and from, and participate in, the Event in a healthy and safe manner without any adverse consequences to Participant and/or Participant’s Related Parties and Participant accepts all risks associated with the same. Participant should only travel to and from, and participate in, the Event if doing so will not adversely impact the physical and mental health and financial condition of Participant and/or Participant’s Related Parties and Participant. Participant shall be legally responsible for his or her own physical and mental health, safety, behavior and financial condition in connection with traveling to and from, and participating in, the Event. Some aspects of the Event may involve (a) physical activity of standing, moving and sitting; (b) long hours of training; (c) homework assignments after hours of training; and (d) mental, emotional, and psychological efforts. Should Participant require emergency or other medical treatment as a result of accident, illness or other conditions arising in connection with the Event, Participant hereby consents to such treatment and the Released Parties shall not have any liability for the same. Participant shall be financially responsible for any medical, legal and other charges that may be incurred as a result of such emergency and/or other medical treatment. Participant shall promptly notify Promoter orally and in writing if Participant is at any time or manner directly or indirectly injured or becomes ill in connection with the Event or if Participant has medical conditions about which emergency or other medical personnel should be informed; however, Participant understands that the Released Parties are not legally obligated to act on that information in any way or to provide any medical service or accommodation whatsoever to Participant. The Released Parties do not provide any physical or mental health, suicide or other similar advice or intervention and Participant should contact Participant’s own healthcare providers on such matters. Participant agrees that if Participant has any medical, mental health or psychological conditions that may hamper Participant from fully, safely and healthfully participating in the Event, that Participant shall notify Promoter in writing of those conditions before the Event and that Promoter retains the right to ask that Participant not participate in portions, or the entirety, of the Event.

10. No Professional Advice. While Promoter hopes and believes that the Event and any tools, processes, strategies, information and other materials associated with the Event, the Released Parties or their respective websites (collectively, the “Materials”) will benefit Participant, Participant understands that the Released Parties do not offer any professional, personal, mental, psychological, medical, health, suicide prevention, financial, accounting, investment, tax, legal or other professional advice and neither the Event nor the Materials should be deemed such advice. The Event and Materials do not replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, psychological, medical, health, financial, accounting, investment, tax, legal or other professional fields. Participant acknowledges that if Participant is under the care of medical, psychological or other professionals that the Event and Materials are not intended to violate or otherwise conflict with the advice of such medical, psychological or other professionals and that Participant will not use any Materials in any manner that conflicts with the advice of Participant’s medical, psychological or other professionals.

11. General Disclaimers. Participant understands that Promoter is in the business of providing personal development training, products and services. While Promoter hopes and believes that the Event and Materials will be beneficial to Participant, the Event and Materials are provided “as is” and the Released Parties do not make any representations or warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose relative to the Event and associated Materials. Nothing associated with the Event or Materials shall constitute any kind of representation, warranty, promise or guaranty of profitability, earnings, investments, outcomes or successes. Participant’s success in obtaining certain results may depend on a number of factors including market conditions and Participant’s skill, physical and mental health, knowledge, ability, dedication, business savvy and financial situation. Participant acknowledges that Participant is solely responsible for Participant’s actions and results in life and business. Any forward-looking statements associated with the Event or Materials and/or the Released Parties are simply statements of possibilities, not representations, warranties, promises or guaranties.

If Promoter is unable to accommodate Participant’s attendance at the event for any reason whatsoever, Promoter will make every effort to provide reasonable alternative accommodations for Participant that may include a full refund of the ticket purchased for the event to be payable within 10 business days following the last day of the event. Participant shall not hold the Promoter liable for any other expenses including travel, hotel accommodations, parking, fuel, mileage, or any other expenses except for the amount of purchase for the specified event ticket(s).

12. Food Disclaimer. Participant hereby acknowledges and agrees with the following: Promoter does not directly provide any food or beverages for Events but relies upon independent contractors to provide such food and beverages. Promoter counts on contractors to make every attempt to identify ingredients that may cause allergic reactions for those with food allergies. Effort is made to instruct food production contractors on the severity of food allergies. In addition, Promoter asks contractors to label items with possible allergen-containing ingredients; however, there is always a risk of contamination and/or inadequate disclosure. Because of the number of meals served and the number of items used, along with food product changes from food vendors, it cannot be guaranteed that every allergen in the food and beverages served will be identified and labeled. There is also a possibility that manufacturers of the commercial foods and beverages contractors use could change the formulation at any time, without notice. Individuals concerned with food and beverage allergies need to be aware of this risk. Promoter and its Related Parties shall not assume any liability for adverse reactions to foods or beverages consumed, or items Participant may come in contact with, while eating or drinking any substances in connection with the Event. Individuals with food allergies who may need to use epi-pens or similar devices or other medications should carry their own. Promoter’s staff does not carry epi-pens or similar devices or other medications and is not trained to administer epi-pens or similar devices or other medications and cannot provide or administer them. Individuals with food allergies are encouraged to contact their physicians for additional information and/or support.

13. Proprietary Content and Materials. Participant understands that the Materials are confidential, copyrighted, proprietary to, and owned by, the Released Parties. Participant shall not record, duplicate, distribute, teach or train from the Materials in any manner whatsoever without the express written permission of Promoter. Participant shall not use any device to video, photograph or record any aspect of the Event. If Participant does not abide by this policy, Participant may be asked to destroy any recorded materials associated with the Event and Participant may be asked to leave the Event and will not be eligible for a refund. Any profits, income, royalties or other benefits resulting from any unauthorized use or distribution of the proprietary concepts, Materials and intellectual property belonging to the Released Parties shall inure solely to the benefit of the Released Parties. Any unauthorized use or distribution of the proprietary concepts, Materials and intellectual property belonging to the Released Parties by Participant or its Related Parties is prohibited and Promoter shall have the right to pursue legal action and full damages if the Documents are violated in order to protect the rights of the Released Parties.

14. Audio/Visual Release. By participating in the Event, Participant understands that portions of the Event may be recorded or captured in videos, photographs, audio recordings and/or other media (the “Recordings”). Participant agrees that Promoter and its Related Parties own all right, title and interest in the Recordings and have the right and permission to use the Recordings even if they include Participant’s name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further notice or compensation to Participant for the use of such Recordings. If Participant does not want to be captured in any such Recordings, Participant should make special arrangements with Promoter on such matters. While Promoter will make good faith efforts to honor such privacy requests, the Released Parties shall not have any liability in connection with the same.

15. No Negative Statements or Actions. Participant shall not at any time directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libelous or slanderous to, any of the Released Parties.

16. Limitations on Liability.

a. Participant hereby irrevocably, unconditionally and forever assumes liability for, releases, waives, defends, covenants not to sue, holds harmless and indemnifies the Released Parties from and against any and all liabilities, actions, claims, debts, liens, demands, obligations, damages, losses, accidents, illnesses, injuries, deaths, delays, inconveniences, losses of employment or income, upsets, disappointments, distresses or frustrations (whether physical or mental), acts of God, sicknesses, thefts, labor disputes, mechanical break-downs, government actions, and/or expenses, including attorneys’ fees and costs, and/or other claims incurred at any time directly or indirectly, entirely or in part by Participant or its Related Parties in connection with the Event, the Materials, or the Released Parties (collectively, the “Released Matters”).

b. The Released Parties shall not have any personal, recourse and/or deficiency liability in connection with the Released Matters. The Released Parties shall not have any liability for consequential, special, exemplary, punitive damages or other damages in addition to actual compensatory damages, as those actual compensatory damages may be further limited by contract or applicable law regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise. If the Released Parties are ever deemed liable for any actual compensatory or other damages, those damages shall be limited to the amount that Promoter actually received from Participant for the Event. The Released Parties shall not have any liability to Participant or its Related Parties for any claim that is, or should have reasonably been covered by, Participant’s insurance.

c. In the event that Participant ever has any complaint or brings any legal action in connection with the Released Parties, the Event or the Materials, Participant shall not include Mary Morrissey in such complaint or legal action and Participant hereby irrevocably, unconditionally and forever releases Mary Morrissey personally from any and all such liabilities, actions, and claims.

d. With respect to all waivers in the Agreement, it is further understood and agreed that any and all rights under the provisions of Section 1542 of the California Civil Code are expressly waived by Participant. That Section provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

e. In the event that Participant has any claim, demand, offset, right or defense assertable against any Released Party in connection with any Released Matter, such claim shall be entirely barred, and fully released and waived, unless Promoter and the Released Party in question receive written notice of such claim within 14 days following the first occurrence of the event on which the claim is based and Participant commences legal proceedings respecting such claim within 6 months after the first occurrence of the event on which the claim is based. Legal proceedings shall be considered commenced only upon the filing of a complaint in a court of law having jurisdiction over the claim.

17. Dispute Resolution.

a. Arbitration. Except as provided in subsection (b) below, to the fullest extent permitted by applicable laws, any dispute, claim or disagreement of any kind by Participant in connection with the Agreement, the Event and/or the Released Parties or otherwise (collectively the “Dispute”) shall be resolved only by mutual agreement between the parties or by confidential binding arbitration (without right of appeal) in accordance with this provision. The arbitrator may grant injunctions or other relief in such dispute or controversy. Participant shall not have the right to resolve any Dispute by filing an action in any court of law. Participant shall only shall have the right to submit a Dispute for resolution by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Emergency Interim Relief Procedures. Any such arbitration shall be conducted at an office of the American Arbitration Association nearest to Promoter’s principal office. The cost of arbitration, including the fees of the arbitrator(s), shall initially be borne by Participant; provided, the prevailing party shall be entitled to recover the costs of arbitration, in addition to reasonable and actual attorneys’ fees and expenses, collection costs and other expenses incurred during the entire Dispute as reasonably determined by the arbitrator(s). Participant shall keep the results of any such arbitration entirely confidential and only disclose the same to the extent required to enforce or defend such results or as otherwise required by law. Participant waives all rights to a trial by jury to the extent allowed by applicable laws. Participant hereby waives the right to plead any statute of limitations as a defense to any obligation under the Agreement to the fullest extent permitted by law.

b. Equitable Remedies. Subject to the arbitration provisions in this Agreement, in the event of any default by Participant under the Agreement, Promoter may exercise all rights and remedies available at law and in equity and those rights and remedies shall be cumulative. Participant acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure or use of the proprietary concepts, Materials and intellectual property belonging to the Released Parties, and that the Released Parties shall be entitled, without waiving any other rights or remedies, to obtain injunctive relief, without bond, to restrain any breach or threatened breach or otherwise to specifically enforce such provisions of the Agreement, and to such additional relief as may be deemed proper by a court of competent jurisdiction. Participant hereby consents to the jurisdiction of the federal, state and other courts nearest to Promoter’s principal office.

18. Governing Law and Jurisdiction. The Documents shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws rules. In the event that any mediation, arbitration or other legal action is instituted in connection with the Documents, Promoter or its Related Parties shall have the right to bring such action in Fayette County, Lexington Kentucky and Participant hereby agrees to that jurisdiction.

19. Modifications. No person, other than Promoter may vary, add or waive any provisions of the Documents. Promoter shall have the right to modify the Documents at any time and such modifications and/or modified Documents shall be set forth on Promoter’s website and binding upon Participant. Although good faith efforts shall be made to conduct the Event and any associated training and travel substantially as set forth in the itinerary, all terms and conditions associated with an Event, including fares, schedules, locations and rates are subject to change by Promoter without notice.

20. Approvals and Consents. Except as may be expressly stated otherwise in the Documents, any consent or approval of Promoter under the Documents may be given or withheld in the sole discretion of Promoter.

21. Force Majeure. Promoter shall not be liable for any delay or failure in performance under the Documents, resulting directly or indirectly from acts of God, or any causes beyond the reasonable control of Promoter.

22. Waiver. A waiver by either party of any term or condition of the Documents in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligation and agreement contained in the Documents shall be cumulative and none of them shall be in limitation of any other remedy, fight, undertaking or agreement of either party set forth herein.

23. Miscellaneous. If any portion of the Documents is held to be unenforceable, any enforceable portion thereof and the remaining provisions shall continue in full force and effect. Participant has read the Documents and has executed them voluntarily after having been apprised of all relevant information and risks and having had the opportunity to obtain legal counsel of Participant’s choice. The Documents are binding upon Participant and its Related Parties. Participant represents and warrants that Participant has the legal capacity and is duly authorized to enter into the Documents and that the Documents constitute the legal, valid, binding, and enforceable obligations of Participant.

24. Complete and Final Agreement. The Agreement (including all exhibits or attachments which are incorporated herein by this reference) constitutes the entire agreement between Promoter and Participant with respect to the subject matter at hand and supersedes all prior or contemporaneous communications, proposals or understandings, whether electronic, oral or written.

 

TERMS OF USE
Effective Date: July 1, 2019

To review material modifications and their effective dates scroll to the bottom of the page.

1.Parties. The parties to these Terms of Use are you, and the owner of this WorldsGreatestMotivators.com website business, Kitchen Hamilton Productions, LLC ("KHP"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and KHP.

2.Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.

3.Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

4.Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site's home page.

5.Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.

6.Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

7.Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

9.Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites' terms of use and privacy policy.

10.Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

11.Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Lexington, Kentucky USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Kentucky, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

12.Jurisdiction And Venue. The courts of Fayette County in the State of Kentucky, USA and the nearest U.S. District Court in the State of Kentucky shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

13.Controlling Law. This Agreement shall be construed under the laws of the State of Kentucky, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

14.Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

15.Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

16.Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.


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>>Material Modifications<< Since July 1, 2019: none.

Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.


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