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As a potential Participant (Participant) in an upcoming JELL Training & Consulting Corporation (Consultant) programs, I confirm that I have read, understand, and agree to the following terms and conditions (Terms):
PAYMENT
Participant agrees to pay for registration in full at time of registration to confirm a reserved seat.
REGISTRATION TRANSFER OR CANCELLATION
Participant acknowledges that Consultant’s open enrollment training programs have a limited number of seats, and Consultant acknowledges circumstances do present themselves that may require a Participant to reschedule or cancel a confirmed registration. Participant will make its best efforts to notify Consultant promptly of any possible registration issue, including the need to cancel, reschedule, or send a substitute. Any notification must be sent in writing to cheryl.ross@jellcorp.com. A registered Participant may transfer its registration to a substitute, so long as the substitute agrees to these Terms. If a registered Participant cannot find a substitute and cannot attend, Participant may transfer and apply its registration fee to another of Consultant’s open enrollment training programs occurring within the next 12 months (i) without additional charge, if Participant provides not less than 7 calendar days’ notice or (ii) by paying an additional $50 re-registration fee, if Participant provides less than 7 calendar days’ notice. Participant may cancel its registration and receive a full refund, less a cancellation fee of (i) $50 if 7 or more calendar days’ notice has been provided, or (ii) $100 if less than 7 calendar days’ notice has been provided.
Consultant reserves the right to make training program calendar adjustments. In the event Consultant cancels a training program, a registered Participant will be entitled, at its option, to either (i) a $50 rebate and a reserved seat at another upcoming training program or (ii) a full refund processed within 7 business days after the cancellation of the respective scheduled date.
TRAVEL
Participant acknowledges that any and all associated costs with travel to and from the workshop (air, hotel, meals, rental car, etc.) are the sole responsibility of the Participant. On workshop days, a continental breakfast and lunch are provided and included in the registration fee.
INTELLECTUAL PROPERTY
Participant acknowledges that any and all literary or artistic materials, workbooks, presentation materials, proprietary information, training ideas, and other concepts that Consultant furnishes to Participant, or that may have been developed by Consultant for Participant’s use (collectively, Consultant’s Intellectual Property), shall remain the sole and exclusive property of Consultant. Any disclosure of Consultant’s Intellectual Property to Participant shall not constitute a transfer of ownership or in any way diminish Consultant’s rights in its property. Participant shall have the limited, revocable, royalty-free right and license to use Consultant’s Intellectual Property solely in connection with Participant’s attendance at Consultant’s workshop. Participant hereby grants Consultant a royalty-free, non-transferable, revocable license to use Participant’s company logo in Consultant’s marketing materials – in like manner to other such clients of Consultant – and to be named therein as a client of Consultant. Any revocation of the foregoing license shall not apply to Consultant materials that have already been printed.
COPYRIGHTED MATERIAL
The material presented in this workshop is copyright protected by the Consultant. Participant understands and agrees that no part of the workshop content may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Consultant.
MUTUAL INDEMNIFICATION
Each party agrees to indemnify, defend and hold the other harmless and any of its subsidiaries, affiliates, director, officers, agents and employees, from and against all third party claims, liabilities, damages, suits, actions, fines, losses, demands, penalties or other payments (including reasonable counsel fees) for injury to or death of any person or damage to or loss of improvements to real property or tangible personal property to the extent caused by or resulting from such party’s unlawful, reckless, or negligent acts or omissions or those of its employees or agents.
LIMITATION OF LIABILITY
Consultant represents and warrants to Participant that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services. Participant shall be solely responsible for the use, interpretation and implementation of any deliverables provided by Consultant, including without limitation the degree and manner in which such deliverables are implemented within Participant’s organization, the timing of such implementation, and the impact within Participant’s organization of such implementation. Participant acknowledges and agrees that Consultant cannot and does not guaranty any particular results or outcomes from Participant’s workshop participation and corresponding utilization of knowledge gained. In no event shall Consultant be liable to Participant or to any third party for any loss of use, revenue or profit, loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special or punitive damages, regardless of whether such damages were foreseeable and whether or not Consultant has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
FORCE MAJEURE
Neither Party shall be liable to the other for any failure to perform any obligations under this Agreement due to causes which are beyond their reasonable control and of a nature which neither has the power or authority to remedy, including, but not limited to, acts of God, acts of civil or military disturbances, fires, floods, storms, epidemics, wars, and riots. In the event of such an occurrence, the Party claiming relief thereon shall give prompt written notice thereof to the other Party and any time for performance of an obligation shall be extended until a mutually agreed to later date.
DOMAIN
This Agreement shall be construed and interpreted according to the internal laws of the State of California, without regard to conflict of law provisions. Any action for breach of this Agreement shall be brought in a court of competent jurisdiction within the boundaries of Los Angeles County, California.
By completing registration, Participant agrees to be bound by the Terms above.