This Event Agreement (“Agreement”) is between Desire on Fire LLC (“Company”), a California limited liability company, and you (“You”), with respect to your participation in the Desire on Fire Experience (the “Event”), which will take place on October 28-October 30, 2022. By purchasing a ticket to the Event and clicking “accept,” You agree to be bound by the terms set forth in this Agreement and to sign and be bound by the Risk Acknowledgement and Disclaimer Acknowledgement of Risk Waiver and Name and Likeness Release, which are incorporated herein by reference and which will be provided by Company prior to the Event. You acknowledge and agree that your participation in the Event is contingent on the execution of the foregoing documents.
Payment. You agree to pay the registration fee set forth on the Event registration website. You acknowledge and agree that the registration fee is non-refundable and that your participation and attendance at the Event is contingent on the pre-payment of the registration fee. Payment may only be made with a valid credit card or debit card. By using any such card, You are hereby representing and warranting your full right and authority to make the purchase in the manner elected without violating any applicable law, rule, or regulation. You hereby authorize Company to charge the registration fee to the credit or debit card provided.
Confidentiality. You acknowledge and agree that during the Event, Company may disclose to You certain information that is of value and treated as confidential by Company, relating to Company’s business methods, presentation and coaching methods, policies, procedures, and other proprietary information (“Confidential Information”). You acknowledge and agree that the disclosure of information to You does not confer upon you any interest or rights of any kind in or to the Confidential Information. You may only use the Confidential Information in your participation in the Event, and except as required by your participation in the Event, You will hold the Confidential Information in strict confidence. You acknowledge and agree that You will respect the privacy of fellow Event participants, and that You will not keep confidential any sensitive information shared by other Event participants.
No Guarantee. You acknowledge and agree that Company does not make any guarantees as to the results or effectiveness of the Event and you do not enter into this Agreement based on any such or similar guarantee. Neither Company, nor its owners, employees, contractors, or personnel is qualified to provide legal, tax, accounting or financial advice, and the information provided to You by the Company is not intended as such. You should refer all legal, tax, accounting and financially related inquires to appropriately qualified professionals.
Representations and Warranties. You represent and warrant that You have the full power and authority to enter into this Agreement and to carry out your obligations hereunder.
Waiver, Indemnity, and Limitation of Liability. To the fullest extent permitted by law, You hereby assume all risk of injury or damages to your person or property while voluntarily choosing to be involved in the Event, and release Company, its officers, directors, employees, agents, and representatives from and against any claim, demand, suit, judgement, cost or fees, including reasonable attorneys’ fees, damages, or other liabilities (collectively, “Claims”) relating to or arising out of activities connected with the Event. You shall indemnify defend, and hold harmless Company, its officers, directors, employees, agents, and representatives (the “Indemnified Parties”) from and against any and all Claims that may be obtained against, imposed upon or suffered by any of the Indemnified Parties, arising out of or resulting from: (a) any breach or alleged breach by You of any of your representations or warranties under this Agreement; and (b) any negligent act or omission or willful conduct of yours that results in: (i) bodily injury, sickness, disease or death; (ii) injury or destruction to tangible or intangible property or any loss of use resulting there from; or (iii) the violation of any statute, ordinance, or regulation. To the maximum extent permitted by law, You agree that Company will not be liable to You for any special, exemplary, punitive, incidental, or consequential damages arising out of or otherwise connected to this Agreement or your participation in the Event and Company’s maximum liability hereunder will be limited to the total fee You paid to participate in the Event. You expressly agree that any damage caused to You will not be irreparable or otherwise so sufficient as to entitle You to injunctive or equitable relief. You acknowledge and agree in the event of a breach of this Agreement by Company, your remedies will be limited to an action for damages, if any, and as limited above.
Termination. You acknowledge and agree that Company may terminate this Agreement and your participation in the Event immediately at any time without further obligation if You breach this Agreement. You acknowledge and agree that Company may terminate this Agreement and have You removed from the Event with no obligation to provide a refund for (i) disruptive behavior; (ii) your failure to abide by guidelines or obey instructions of Event staff; or (iii) your impairment of program participation for Event participants or staff.
Miscellaneous. This Agreement shall be governed by the laws of the State of California. This Agreement, including the Risk Acknowledgement and Disclaimer Acknowledgement of Risk Waiver and Name and Likeness Release, represents the entire understanding by the parties with regard to the subject matter hereto and may not be modified except in a writing signed by both parties, and supersedes all prior communications and understandings between the parties relating to its subject matter. No waiver of any default or breach of this Agreement by either party will be deemed a continuing waiver or a waiver of any other breach or default, no matter how similar. If one or more provisions of this Agreement are held to be unenforceable under applicable law, then (i) such provision may be excluded from this Agreement, (ii) the balance of the Agreement will be interpreted as if such provision were so excluded, and (iii) the balance of the Agreement will be enforceable in accordance with its terms. Neither party shall be liable for any costs or damages due to delay or nonperformance under this Agreement arising out of any cause or event beyond such party’s control, including, without limitation, strikes, work stoppages, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, or pandemics, as determined by the World Health Organization (each a “Force Majeure Event”). In case of a Force Majeure Event, Company is relieved of any and all obligations under this Agreement.