This Workshop Agreement (this “Agreement”) is entered into by and between Danny Pugh (“Instructor“), an employee of Daniel Wolcott Design LLC (“Provider”), and __________________ (“Participant”) and is effective on __________________ (the “Effective Date”). In consideration of the mutual agreements contained herein and intending to be legally bound the parties hereto agree as follows:
1. Position. The Provider agrees to deliver the Participant a workshop as a work-for-hire independent contractor providing workshop services.
2. Relationship. Nothing herein shall be deemed to constitute a partnership or joint venture between Provider and Participant. Further, this workshop does not create a relationship beyond the confines of the workshop.
3. Content. Provider will offer a course curriculum as detailed in the event description, which may include: Intention Setting Processes, Meditation Instruction, Law of Attraction Activities, Power Animal Visualizations, Spiritual Dancing, Yoga, Mindful Walking, Reiki Instruction, and Dyad Conversations.
4. Instructor Background. Danny has been certified as a Spiritual Life Coach by the Life Purpose Institute in San Diego. He has apprenticed with the renowned Hellenistic Astrologer, Arthyr Chadbourne, for five years after a lifelong pursuit of astrological literary study. He has completed a Reiki Mastership with Yadira Gonzalez and has since performed hundreds of hours of energy healing work. He has received a certification in Meditation Instruction from the Shambhala Center of Los Angeles where he co-founded and facilitated the youth group for five years. He has trained as a Challenge Course Facilitator and led hundreds of participants through leadership and team building exercises.
5. Fees. Participant agrees to pay the amount on the checkout screen for this workshop.
6. Transfer/Refund. The workshop is non-refundable, however, may be transferred to another attendee at the approval of the Instructor. Transferring is the responsibility of the Participant.
7. Schedule. Schedule is subject to change due to circumstances including, but not limited it, weather, travel arrangements, and illness.
8. Physical Activity Waiver. Participant represents and warrants that he/she is in good physical health and does not suffer from any medical condition which would limit participation in the activities offered by the Provider. Participant understands that it is his/her responsibility to consult with a physician prior to and regarding participation in any of the dancing exercises, yoga exercises, or movement-based activities. Participant understands the risks associated with the activities offered by the Provider and agrees to follow all instructions so that he/she may safely participate in classes, workshops, or other activities. In taking part in the Provider's activities, Participant understands and acknowledges that he/she is fully responsible for any and all risks, injuries, or damages, known or unknown, which might occur as a result of participation in the classes, workshops, or other activities.
9. Photo and Video Release. Participant understands that the Provider may take pictures and video during the workshop. Participant grants the Provider to use his/her likeness in any and all of its publications, including website entries, without payment or any other consideration. Participant understands that these materials will become property of the Provider and will not be returned. Participant irrevocably authorizes the Provider to edit, alter, copy, exhibit, publish, or distribute these pictures and videos for purposes of publicizing its programs or for any other lawful purpose. In addition, Participant waives the right to inspect or approved the finished product, including written or electronic copy, wherein his/her likeness appears. Additionally, Participant waives any right to royalties or other compensation arising or related to the use of the pictures and videos.
10. Not Healthcare Advice. No statement by Instructor should ever be taken by the Participant as a recommendation to discontinue the use of legal drugs or controlled substances prescribed by an appropriately licensed practitioner. Any third party information (such as books or articles) provided is entirely educational in nature, and it is up to the client to use his or her own independent judgment in assessing or utilizing such information.
11. Copyright. Participant acknowledges the proprietary nature of the information and activities provided to Participant under this Agreement and waives any interest in the program except as specifically granted herein. Participant acknowledges that Daniel Wolcott Design LLC is the owner of the program and holds all proprietary rights to every aspect of the workshop, including but not limited to its methodology and content and anything published as part of the program (including books, workbooks, videos, and audio recordings). All information conveyed to Participant as part of the workshop shall be presumed subject to this Agreement unless explicitly exempted in a writing signed by the Provider.
12. Warranties
12.1 By Both Parties. Each party represents and warrants to the other party that (i) it has the right to enter into this Agreement and perform its obligations hereunder in the manner contemplated by this Agreement, and (ii) this Agreement shall not conflict with any other agreement entered into by it.
12.2 By Client. Client represents, warrants, and covenants that it shall comply with all applicable laws of the United States of America, any State thereof, and any other applicable rules, ordinances, and regulations in connection with the performance of Client’s obligations under this Agreement.
13. Limitation of Liability. IN NO EVENT SHALL PROVIDER, OR ITS SUBCONTRACTORS, PARTNERS, AGENTS, OR AFFILIATES, BE LIABLE FOR ANY CAUSE OR CLAIM WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT.
14. Indemnity. Client agrees to indemnify, defend and hold Provider harmless from all expenses, losses, damages or liabilities (including reasonable legal fees) arising out of or relating to any third party claims, demands, or suits, to the extent resulting from a breach of Client’s warranties, representations, covenants, or obligations set forth herein.
15. Injunction Relief Authorized. Any controversy or claim arising out of or relating to this contract, or the breach thereof initiated by Client, shall be settled by arbitration administered by the JAMS Arbitration in the City of Los Angeles in accordance with its rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof,
16. Force Majeure. Provider shall not be liable to Client or any other person or entity for any delay or failure in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by such party due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of vandalism, terrorism, lightning, fire, strike or any other causes beyond Provider’s reasonable control.
17. Miscellaneous. If any term of this Agreement is found to be unenforceable or contrary to law, it shall be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
18. Resolution. Participant shall first approach Instructor as to any issues related to the workshop.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this Agreement by any representations or promises not specifically stated herein and have had the opportunity to have the agreement reviewed by a legal professional. This agreement will not be viewed as being drafted by one party but both in its application and understanding.
IN WITNESS WHEREOF, the parties have caused this Agreement to be electronically executed by their duly authorized representatives effective as of the Effective Date.