In exchange for adequate and valuable consideration, Participant agrees to these terms for the following Workshop as follows:
SCOPE OF WORKSHOP
The Remarkable Workshop (hereafter “Workshop”) will take place April 25, 2023 in Asheville, North Carolina and includes lunch and educational teachings.
Participant is responsible for all travel to, from and during Workshop (car transport and airfare, if applicable).
TERMS AND CONDITIONS
- Position. Instructors agree to deliver Participant the Workshop as a work-for-hire independent contractor providing Workshop services.
- Relationship. Nothing herein shall be deemed to constitute a partnership or joint venture between Instructors and Participant. Further, this Workshop does not create a relationship beyond the confines of the Workshop.
- Confidentiality and Non-Disclosure. Participant understands that all materials, including but not limited to, price lists, contracts, financial documents, agreements and other information or documents that are given to them in the course of the Workshop are the exclusive property of the Instructors and are privileged and confidential information. Participant shall not disclose, whether for compensation or not, the confidential information obtained from Instructors to anyone unless required to do so by law.
- Transfers/Refunds. The Workshop fee is non-refundable. The Workshop fee may be transferred to another Participant subject to the approval of Instructors. Transferring is the responsibility of the Participant.
- Schedule. The Workshop schedule is subject to change and no adjustment/proration of fees shall be applied if the schedule changes due to extenuating circumstances.
- Model Release. This Agreement serves as a model release giving Instructors the irrevocable and unrestricted right to use the photographs and video taken by Instructors at Workshop in all forms and in in any manner and medium, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes.
- Cooperative Attitude. Participant shall retain a cooperative attitude throughout the course of the Workshop. At any time Participant acts uncooperative, Instructors shall terminate the Workshop and retain all Workshop fees. Cooperation includes, but is not limited to, online and in-person decorum whether directed at Instructors or a third party in reference to the Workshop.
- Assumption of Risk. Participant understands that Workshop activities can involve an element of risk or injury. Participant assumes the risk of any activity, any means of transportation to and from such activities, whether provided by Instructors or a third party.
- Maximum Damages. Participant agrees that the maximum amount of damages she is entitled to in any claim relating to this Agreement or services provided in this Agreement are not to exceed the total cost paid to Instructors or promised to be paid to Instructor for participation in Workshop.
- Insurance. Participant is advised to purchase an adequate amount of travel, medical or other insurance that insures Participant against sickness, health issues, bodily harm, travel cancellations or delays, and incidental or direct damages resulting from Participant’s participation in the Workshop.
- Waivers. A waiver by either party of any provision of this Agreement in any instance shall not be deemed a continuing waiver for the future.
- Indemnification. Instructor shall be held harmless for any and all injury to Participant and Participant’s business and equipment during the course of the Workshop and the immediately surrounding events.
- Governing Law and Choice of Venue. This Agreement shall be governed by the laws of the state of North Carolina and Mecklenburg County Courts without regard to its conflicts of law provisions. The parties may bring an action concerning this Agreement only in the state and federal courts for North Carolina.
- Attorney Fees. If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
- Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of North Carolina.
Entire Agreement. This Agreement contains the entire agreement between the parties on its subject matter and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.