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PROGRAM NOTICES, TERMS, AND CONDITIONS
Flow Leadership Dynamics, LLC
Please read the following carefully before clicking "I Accept" and completing your registration for a Flow Leadership Dynamics, LLC Program (hereafter, "Program"). These Terms affect your legal rights and obligations. If you do not agree to be bound by these terms, do not register. By registering for a Program, you accept these terms, agree to be bound by them, and consent to have all future amendments to these terms and all notices provided to you in electronic form. These terms apply to all participants in any FLD Program. In the event you decide to withdraw this consent, you must inform the Company immediately and cease your participation in the Program. By your act of completing your registration, and in exchange for Flow Leadership Dynamics, LLC's (the "Company" or "FLD") agreement to provide the Program services and related materials to you ("Participant" or "you"), you hereby agree to the following (the "Agreement"):
1. Limited License. Participant agrees that all materials, concepts, and other information presented by the Company during the Program in any format (collectively, "Program Materials"), are the property of the Company. Participant acknowledges that the Program Materials constitute trade secrets, and are commercially valuable, proprietary, confidential property of the Company, the design and development of which required the investment of substantial effort, time, and money. The Company hereby grants Participant a revokable, limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Program Materials solely for Participant's personal use during the Program, and for Participant's individual and personal use after the Program. Any other use of the Program Materials is expressly prohibited. All other right, title, and interest in the Program Materials is exclusively the property of the Company. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Program Materials, in whole or in part, at any time. Participant agrees not to deliver the Program Materials, whether in the original or reproduced or modified form, or anything borrowed or copied from the Program Materials, by any means, including, without limitation, orally, in writing or digitally, or as part of any seminar, training program, workshop, consultation, or other business activity. The Company may revoke the license granted herein at any time, for any reason, by providing reasonable notice to Participant using the contact information provided with your registration. Upon revocation, Participant will return all Program Materials and delete any and all copies thereof.
2. Confidentiality. The Program is limited to registered participants. Participant shall not disclose, publish, communicate, or disseminate the Program Materials, and shall protect the same from disclosure using reasonable diligence. Likewise, because the Program encourages, and includes, opportunities for participants to speak candidly with regard to a variety of topics, Participant shall not disclose, publish, communicate, or disseminate the identity of, or any facts or information disclosed by, any other participant in the Program, without prior written consent. Participant shall not provide any depiction, account, or description of any other participant in the Program, or any facts disclosed by another participant in the Program, without prior written consent. This obligation of non-disclosure shall terminate when any of the following occurs: (a) written consent to disclose has been provided by all interested parties; b) the confidential information becomes known to the public without the fault of Participant; (c) the information is disclosed publicly by Company; or (d) the information loses its status as confidential through no fault of Participant. In any event, the obligation of non-disclosure shall not apply to information that was known to Participant prior to the execution of this agreement. Participant will not, nor will Participant assist any other person or organization to download, photograph, video, record in any format, stream, broadcast, publish, disclose, or disseminate any portion of the Program or Program Materials, or any remarks or actions of participants, Company staff, or other persons assisting with the Program services. If the Program is presented electronically, Participant will not permit anyone who is not registered in the Program to view or hear the Program at any time.
3. Irreparable Harm. Participant agrees that a breach of any of the terms of Section 1 or 2 of this Agreement will render irreparable harm to the Company, that a remedy at law for breach of the Agreement is inadequate, and that the Company shall therefore be entitled to seek any and all equitable relief, including, but not limited to, injunctive relief, and any other remedy that may be available under any applicable law or agreement between the parties. Participant acknowledges that an award of damages to the Company does not preclude a court from ordering injunctive relief. Both damages and injunctive relief shall be proper modes of relief, and are not to be considered as alternative remedies.
4. Limitation of Liability; No Warranty.
IN NO EVENT SHALL COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE TUITION PAID FOR PARTICIPANT'S PARTICIPATION IN THE PROGRAM; OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE PROGRAM, THE PROGRAM MATERIALS, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE PROGRAM AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5. Hold Harmless and Indemnity. Participant willingly and knowingly assumes for Participant, and Participant's family members, executors, administrators, heirs, successors, legal representatives, and assigns, all risks of physical, mental, or emotional injuries which may occur during or after the Program. Participant agrees to indemnify and hold harmless the Company, its agents, servants, employees, officers, directors and liability insurers, administrators, agents and assigns, and all other persons, firms or corporations liable or who might be claimed to be liable, for any claims made against them for any injuries and damages of any nature sustained by Participant, caused by Participant to any person, or caused by any other person to Participant, during the Program, or as a direct or indirect result of Participant's involvement, attendance at, or experiences during in the Program. This hold harmless and indemnity agreement includes, but is not limited to, any and all damages, legal fees, defense costs, court costs, or any other expenses incurred as a result of any such claims.
6. Choice of Law. Notwithstanding and without regard to any choice-of-law rules to the contrary, Florida law shall govern this Agreement, its interpretation, the parties’ performance thereunder, and all of the parties' rights and obligations arising out of or related to this Agreement, whether in contract, tort or otherwise. Notwithstanding and without regard to any rules or statutes to the contrary, venue for any dispute concerning this Agreement shall lie in Orange County, Florida. Except as to only Federal claims over which the state courts do not have concurrent jurisdiction, all disputes arising out of or related to the Agreement, including any dispute that could otherwise be removed to Federal Court, shall be resolved exclusively in the Florida state courts in and for Orange County. Each party to this Agreement hereby consents to personal jurisdiction in Orange County, Florida for all disputes concerning this Agreement, its interpretation, the parties’ performance thereunder, and all of the parties’ rights and obligations arising out of or related to this Agreement, whether in contract, tort or otherwise, and also hereby waives any argument that such consent is insufficient under Florida or Federal law to confer jurisdiction.
7. Force Majeure. The Company is not be liable for delays, failure in performance or interruption of service that result directly or indirectly from any cause or condition beyond FLD's reasonable control, including but not limited to, any delay or failure due to any act of God; act of civil or military authorities; act of terrorists; blackout; civil disturbance; pandemic; war; strike or other labor dispute; fire; interruption in telecommunications, internet services, or network provider services; failure of equipment or software; other catastrophe; or any other occurrence that is beyond FLD's reasonable control, and shall not affect the validity and enforceability of any remaining provisions. The Company may, at its option, postpone the presentation of the Program from its original scheduling, and Participant shall not be entitled to claim any refund or reimbursement for any costs, expenses, losses, damages or liabilities which may be incurred or suffered as a result of such postponement, unless otherwise agreed by Company and Participant in writing.
8. Recording Release. From time to time the Company records content relating to its programs ("Program Recordings"). Participant may be included in such Program Recordings. Participant understand that these Program Recordings are for quality assurance and training purposes, and such Program Recordings will not be disseminated or displayed to the public, and are considered confidential. As a condition of Participant's participation in the Program, Participant hereby grants the Company the right to record his or her name, voice, actions, image, appearance, and likeness (collectively, "Likeness") for such purposes and Participant hereby consents to the recording, use, and reuse by Company and any of its respective licensees, assigns, parents, subsidiaries or affiliated entities, employees, agents, officers, directors, managers, shareholders, people who assist, successors and assigns (collectively "Releasees") of Participant's Likeness in any and all media now known or hereafter devised, worldwide, and without limitations in time for such internal purposes. Participant further grants Releasees the exclusive, perpetual right to use, and permit others to use, Participant's Likeness in connection with such internal purposes without further consent or payment to Participant. Participant hereby releases and discharges Releasees from any and all claims, demands or causes of action that Participant may now or hereafter have by reason of anything contained in the Program Recordings or portions thereof or their use as specified above.
9. Merger. This Agreement and any and all attachments hereto constitute the entire understanding between Participant and the Company and supersede any prior agreements and understandings between Participant and the Company relating to the subject matter of this Agreement. No supplement, amendment or modification of this Agreement shall be binding unless executed in writing by the Company.
10. Non Waiver. No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of Company, by an executive officer of Company or other person duly authorized by Company.
11. Severability. If any part of this Agreement shall be deemed invalid or unenforceable, then that part shall be deemed severed from this Agreement, and such severance shall not have any effect on the remaining portions of the Agreement.
12. Attorneys' Fees. In the event that either party to this Agreement institutes any action or proceeding against the other party, or such party’s affiliates, relating to the provisions of this Agreement, the non-prevailing party in such action or proceeding shall reimburse the prevailing party for the reasonable expenses of attorneys’ fees and all costs and disbursements incurred therein by the prevailing party, including, without limitation, any such fees, costs or disbursements incurred on any appeal from such action or proceeding. The prevailing party shall recover all such fees, costs or disbursements as costs taxable by the court in the action or proceeding itself. In addition to the foregoing award of attorneys’ fees, costs and disbursements to the prevailing party, the prevailing party shall be entitled to its reasonable attorneys’ fees, costs and disbursements in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the expiration of the Agreement.
13. Class Action and Jury Trial Waiver. PARTICIPANT HEREBY WAIVES, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON; AND (III) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREIN.
14. Notices and Requirements for Participation. While the Company is pleased that you wish to participate in the Program, the Program is not advisable for everyone. The purpose of the following notices and requirements is to ensure you have the information you may need to be responsible in your choice to participate in the Program.
A. You Must Be Healthy to Participate. If you have not been feeling well or if you have been meaning to see a medical or mental health professional for a known complaint, symptom or concern, or if you have had any difficulty sleeping, or suffer from depression, the Company recommends that you obtain medical clearance before deciding to participate in the Program. If you experience any symptoms or suggestion of mental distress during Program sessions, during the breaks, at the end of any session, or between sessions, you must immediately inform the Program Leader, Program Supervisor or Program Facilitator. If you experience any symptoms or suggestions of mental distress outside of the Program, the Company strongly recommends that you immediately inform a medical or mental health professional and that you obtain medical clearance before deciding to continue your participation in the Program.
B. The Program is Not Therapy. The Program is not therapeutic in design, intent, or methodology, and is not to be used as a substitute for medical treatment, psychotherapy or a health program of any nature. FLD advises you that the Program Leaders, Program Facilitators, Program Supervisors, Staff, and people who assist at the Program are not medical or mental health professionals and there will be no medical or mental health professionals delivering or supervising the Program. If you believe you currently may need the assistance of a medical or mental health professional, you should consult one independently of your participation in the Program. If you or your medical or mental health professional need any additional information about the Program in order to resolve any questions about your decision to participate, please do not hesitate to contact the Registration Manager at [email protected].
C. Breaks and Accommodations. The program involves portions where participants will remain in a seated position for certain periods of time. There are regular breaks during the Program, and participants are, of course, free to leave the Program room at any time. If Participant has a medical condition requiring more frequent breaks, or any other accommodation (such as special seating accommodations or frequent stretching), please notify the Program Supervisor or Program Facilitator before the Program begins so that appropriate arrangements can be made. FLD suggests planning meals and snacks such that Participant will eat during the breaks. Please prepare accordingly and bring any snacks or meals with you. If you believe you may need any nature of physical or disability accommodation to fully participate and enjoy the Program, please do not hesitate to contact the Registration Manager at [email protected].
D. Sleep. While the scheduling of the Program begins early and finishes late, it is also intended to accommodate sufficient time for sleep. If during the Program you feel that you have been unable to sleep, or have not had sufficient sleep, you must immediately notify your Program Supervisor or Program Facilitator. Lack of sleep can become a serious problem, and may be symptomatic of a mental or emotional illness. If you have a history of insomnia or other sleep-related concerns, the Company recommends that you obtain medical clearance before deciding to participate in the Program.
E. You May Experience Emotional Distress. FLD programs are experiential, philosophical, and educational. The participant experience of the Program is unique to each individual and there is no way to predict in advance exactly what each participant may think or feel about the Program or how each participant may react to the Program. Participants may decide to share deep feelings and life experiences, and as a result, participants may experience deep emotions. For most participants, exploring thoughts and feelings that they have not fully explored is a useful and positive learning experience. Some participants may find that exploring certain thoughts and feelings may become uncomfortable and unpleasant. For others, the Program may cause participants to experience serious physical, mental, and emotional distress. If you believe that exploring your thoughts and feelings during the program may become uncomfortable, or physically, mentally, or emotionally distressful to you, the Company recommends that you obtain medical clearance before deciding to participate in the Program. If you or your medical or mental health professional need any additional information about the Program in order to resolve any questions about your decision to participate, please do not hesitate to contact the Registration Manager at [email protected].
15. Health Warnings. IN ADDITION TO THE ABOVE RECOMMENDATIONS IN PARAGRAPH 12, IT IS HIGHLY RECOMMENDED THAT PARTICIPANT OBTAIN MEDICAL CLEARANCE TO PARTICIPATE IN THE PROGRAM IF YOU:
A. have a personal or family history of bi-polar affective disorder (manic-depressive disorder), schizophrenia, acute or chronic depression or other psychotic disorder;
B. are taking, have taken, or been prescribed to take, within the previous twelve months anti-anxiety drugs, anti-depressants, anti-psychotics, or any medication to treat bi-polar disorder, any drugs or medicines, whether prescription or non-prescription, intended to treat or affect mental processes or mood, or to treat a chemical imbalance;
C. have any unresolved history of drug or alcohol abuse;
D. are or have in the past year considered or had thoughts of suicide, self-harm, or harm to another;
E. are currently in therapy and your therapist recommends that you should not participate in the Program;
F. are uncertain about your physical, mental or emotional ability to participate in the Program; or
G. have or may become ill or seriously disturbed because of lack of sleep, or less sleep than you are currently accustomed to.
If you or your medical or mental health professional need any additional information about the Program in order to resolve any questions about your decision to participate, please do not hesitate to contact the Registration Manager at [email protected]
16. Harassment and Unlawful Discrimination. The Company is committed to serving all people in an environment free from harassment and unlawful discrimination, including but not limited to unlawful discrimination based on race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation or gender identity. FLD prohibits all forms of sexual harassment. If you believe you have been harassed or subject to unlawful discrimination, please report this immediately to FLD personnel.
17. Informed Consent. By clicking "I Accept" and registering for a Program, Participant affirms that:
A. Participant has registered in the Program under Participant's own name for the sole purpose of participating in the Program;
B. Participant has read and understood everything set forth above in its entirety, and that Participant understands the risks involved in participating in the Program;
C. Participant's questions regarding the Program have been asked and answered to his or her satisfaction;
D. Participant has carefully considered the nature of the Program, has voluntarily chosen to attend, and Participant's attendance is not a result of coercion, pressure, a condition of employment, or to satisfy anyone other than Participant;
E. Participant is not attending the Program to remedy any physical, mental, or emotional problem, and fully understands that no portion of the Program is delivered or supervised by medical or mental health professionals;
F. Participant will follow the recommendations and instructions of FLD personnel during the Program;
G. Company reserves the right to prohibit or remove any participant from the Program for any reason. In such instances, tuition may be refunded at the sole option and discretion of FLD;
H. Participant is responsible for monitoring his or her health and well-being before, during and after the Program. Should Participant experience any unusual mental health or physical health symptoms during the Program, Participant will immediately inform the Program Supervisor or Program Facilitator;
I. Participant is 18 years or older.
Payments, Refunds, and Transfer Policy
Flow Leadership Dynamics Money Back Guarantee Policy (Discover Workshop Only):
Payment for the Discover Workshop is non-refundable prior to its completion. If after completing the Discover workshop (attending all four full days) you believe that no value was created for you in the workshop, you can request a full refund within 48 hours after the weekend's completion. To be eligible, you must have attended the full training weekend and submit your refund request via email within 48 hours of the scheduled ending time of the last day of the Discover workshop (typically Sunday at 7:00 PM). To complete the request, email [email protected] indicating the workshop weekend date and your refund request.
If you are unable to attend the Discover Workshop (all four full days) on the date you registered for, you may choose to start the program on the next available date. The deadline to request a change of date is 5 days before the start of the previously selected date. You can make changes to the selected dates a maximum of 1 time at no cost; additional changes will incur a USD$40 integrity fee each.
Leadership Program (Redesign, Mastery, Ropes, Prosper, Play to Win Workshops):
Payments made to Leadership program are final and are not refundable or transferable.
If you choose not to attend the program dates you registered for, you may choose to start the program on the next available date. You have until the next three teams to use the credit of the amount you paid.
The deadline to request a change of date is 5 days before the 1st weekend previously selected. You can make changes to selected dates a maximum of one time at no cost; Additional changes to this will result in a lack of integrity fee of US$35 each.
By enrolling in this program and/or with my ticket purchase, I acknowledge and certify that I am of legal age (18 years or older) and certify that the information provided by me in this form is true, that I have read and agree to the Payment, Refunds, and Transfer Policy.
BY CLICKING "I ACCEPT" AND COMPLETING YOUR REGISTRATION, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, WHICH CONSTITUTES A LEGAL CONTRACT BETWEEN PARTICIPANT AND FLOW LEADERSHIP DYNAMICS, LLC. IF PARTICIPANT IS UNCERTAIN ABOUT ANY OF THESE TERMS, PARTICIPANT WILL CONSULT WITH AN ATTORNEY.
Flow Leadership Dynamics, LLC's collection and use of personal information is described in our Privacy Policy located at https://www.termsfeed.com/live/7821c740-8e10-4e70-8e1b-0f3ae31bd91c
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