WORKSHOP/COURSE PARTICIPANT AGREEMENT
This Agreement is entered into and effective as of the day you subscribed to a workshop/course being hosted by Jennifer Blanchard (“Date Enrolled In Workshop/Course”) by and between Jenifer Blanchard, having its principal place of address at North Greece Rd., Rochester, NY 14626 (“Company”) and the person who enrolls in the workshop/course (“Participant”).
WHEREAS Company offers services in accord with the terms of this agreement (“Agreement”), and
WHEREAS Participant seeks the services provided by Company.
NOW THEREFORE, in consideration of the mutual promises and benefits contained in the Agreement, the Parties hereby agree as follows:
1. SERVICES PROVIDED BY THE COMPANY
A. Company shall provide the live-virtual and/or self-paced workshop/course (“Services”) to the Participant, which includes: [content of services varies for each workshop/course–full details of what your workshop/course includes, view that workshop/course sales page]
B. The following is not included in the Service:
> 1-1 private coaching (unless the Participant signed up for the VIP package)
> In-person events
2. OBLIGATIONS OF PARTICIPANT
A. In consideration for the Services provided by Company to Participant as set forth in paragraph 1 above, Participant agrees to pay Company a fee (“Fee”), to be paid according to the following payment structure: [price of each workshop/course varies; see workshop/course sales page for fee]
B. If you’re on a payment plan and your payment fails, your workshop/course access will be revoked and you will be removed from the private Facebook group immediately.
This engagement shall commence on the Effective Date and shall continue until cancellation by either party in accordance with paragraph 4.
A. Participant must pay workshop/course fees in full. There are no refunds on any workshops/courses unless otherwise specified on the workshop/course sales page.
B. Company may cancel this Agreement at any time for any reason by providing written notice to Participant.
A. Company cannot guarantee the outcome of the Services and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the Services described in Paragraph 1(a) shall be provided to Participant in accordance with the terms of this agreement. Participant acknowledges that Company cannot guarantee any results for Services as such outcomes are based on subjective factors that cannot be controlled by Company.
6. ACTS OF GOD
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 Internet outages, accident, illness, 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 under Paragraph 3 (Stint) 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 10. 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.
Participant hereby takes the following action for himself or herself, his or 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 use of the Services described in Paragraph 1(a).
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 this Service, whether caused by negligence or otherwise.
C. Participant understands that, while every reasonable precaution has been taken to promote safety, not every situation can be controlled. Therefore, Participant assumes all of the risks of participating in the Services and agrees to indemnify, hold harmless, and promise not to sue the Company or any party or entity conducting a specific event or activity on behalf of the Company and release those parties from any and all liabilities or claims made as a result of Participant’s attendance and participation in the Services. Under no circumstances will the Company be held liable for Participant’s injury, illness or death or any loss or damage of Participant’s personal belongings resulting from my participation in the Service. Participant agrees that if he or she has any medical or psychological conditions that may hamper him or her from fully and healthfully participating in the Services, the Company retains the right to ask that Participant not participate in portions of or the entirety of the Services.
By participating in the Services, Participant understands that any testimonials given may be used by the Company. Participant agrees that the Company and its assigns have the right and permission to use such testimonials for any purpose without further compensation, permission, or notification.
A. 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 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.
10. LIMITATION OF LIABILITY
(a) In no event shall either party have any liability to the other party for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not the party has been advised of the possibility of such damage; and
(b) In no event shall a party’s liability exceed the Fee paid under this agreement, whether in contract, tort or any other theory of liability.
11. EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
12. ENTIRE AGREEMENT; MODIFICATION; WAIVER
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
13. NEUTRAL CONSTRUCTION
This Agreement was prepared by Company and/or 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.
14. COUNTERPARTS; ELECTRONIC SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. Use of electronic signature, email, or other electronic medium shall have the same force and effect as an original signature.
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.
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows:
To Company at: email@example.com
To Participant at: Participant’s registered email address
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above.
17. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in the State of New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Rochester, New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
21. 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.
If any term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
In witness whereof, the parties to this Agreement have duly executed it on the day and year first above written.
Company: Jennifer Blanchard Coaching
Signature: Jennifer Blanchard
BY PAYING AND SIGNING UP FOR THIS PROGRAM, PARTICIPANT IS ACKNOWLEDGING AGREEMENT TO THE TERMS OF THE PARTICIPANT AGREEMENT.
Updated: March 29, 2019