: During the Workshop, Participant agrees not to take photographs or make recordings of any kind. However, when attending the Workshop, Participant understands that during the Workshop Company Employees may photograph, audio or video record the Workshop and participants, including Participant’s voice and appearance (“Intellectual Property”). Participant waives any privacy or ownership claim to this Intellectual Property and agrees that Teal shall have sole ownership and control of all rights associated with the Intellectual Property, including but not limited to the unlimited right to release, publish, exhibit, or reproduce the Intellectual Property, in part or in whole, in any form or medium. Participant understands that consenting to this Recording/ Photography Policy is part of the consideration Participant offers and Teal requires in exchange for Teal including Participant in the Workshop as described herein.
Indemnification and Hold Harmless: Participant agrees to indemnify, defend, hold harmless and promise not to sue Company Employees from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in the Workshop.
Assumption of Risk: Participant hereby acknowledge and agrees that Participant understands the nature of the Workshop and is in good health, and in proper physical and mental condition to participate therein; that there are certain inherent risks and dangers associated with the Workshop; and that, except as expressly set forth herein, Participant knowingly and voluntarily, accepts, and assumes responsibility for each of these risks, and all other risks and dangers that could arise out of, or occur during, Participant’s participation in the Workshop.
Force Majeure: Teal shall not be responsible to Participant for costs incurred by the other party as a result of any delays or failure to perform arising from causes of Force Majeure - which shall include acts of God, act or restraints of governmental authorities, fire, explosions, earthquakes, wars, hostilities, terrorism, blockades, public disorders, quarantines, embargoes, strikes or loss or shortage of transportation facilities.
Governing Law: Participant agrees that this Agreement shall be governed and be construed according to the laws of the state of California.
Arbitration: Participant agrees that Teal has the option of choosing that any conflict between the Parties shall be venued in California in a County of Teal’s choice, and that Teal or Company Employees have the option to have any conflict between the Parties resolved via binding arbitration conducted according to the rules and procedures of the American Arbitration Association. Participant understands that Participant may have the right to a venue other than California, but Participant hereby waives any claim or argument supporting a venue other than California and agrees not to make a claim for any other venue or forum. The parties agree that they will split costs associated with arbitration, such as arbitrator fees, equally, that any failure to pay the share of such costs will result in a judgment in favor of the other party, and that both parties will bear their own attorney’s fees. The Parties agree that any arbitration determination will be enforceable in civil court as a civil judgment.
Confidential Proceedings: The parties agree that all records of any disagreement between the parties, including but not limited to arbitration, will be confidential and that both parties will fully cooperate with any process, communications or stipulations necessary to maintain strict confidentiality of any information and/or records pertaining to any disagreement between the Parties.
Complete Agreement: The Parties agree that this Agreement incorporates the Terms and Conditions found atand https://www.tealswan.net/terms-and-conditions-a as if fully stated herein, and that these, combined, constitute the final Agreement between the Parties, superseding any prior agreements or understandings, oral or written, pertaining to the subject matter of this Agreement. The Parties agree that this Agreement can be modified or altered only through a writing signed and dated by authorized representatives of both Parties.
No Assignment or Delegation: Participant will not transfer any of rights or obligations under this Agreement to anyone else without Teal’s consent. The Parties agree that any assignment or delegation made in violation of this paragraph is void.
Termination: Teal may terminate this Agreement upon Participant’s breach of any term of this Agreement. Teal’s may, upon its sole discretion, allow Participant the opportunity to cure any breach Teal alleges upon any terms Teal requires. In the event this Agreement terminates prior to the time the Workshop begins, Teal shall not be obligated to refund any of Participant’s fees, costs or expenses associated with attending the Workshop per this Agreement.
Counterparts: The Parties may execute this Agreement in any number of counterparts, delivered by any method including facsimile or email attachment, with each counterpart, together, constituting one and the same instrument with electronic signatures considered as having the same force and effect as original signatures.
Severability: If any one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement.
Waiver: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
Headings: The descriptive headings for paragraphs and clauses within this Agreement are for convenience only, and do not affect its construction or interpretation.