GENERAL RELEASE, TERMS AND CONDITIONS, & PROGRAM PARTICIPATION AGREEMENT
Effective Date: January 1st, 2021
THE AGREEMENT: This Course Agreement (hereinafter, “Agreement”) is made by and between Momenta Group, a limited liability company, organized under the laws of the state of Oregon, hereinafter referred to as “Course Provider,” and you, further defined below, as a participant in the Course, also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all materials for the Course (all collectively referred to as “Course” or “Workshop”) and any services provided by or on this Course Provider through the Course (“Services”) and/or on the Course Provider’s website (“Website”). The agreement is effective at point of initial tuition payment.
Article 1 – DEFINITIONS:
A) The parties referred to in this Agreement shall be defined as follows:
I) Course Provider, us, we: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we, our, ours and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
II) You, the user, the participant: You, as the participant in the course, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
III) Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.
B) The Course details are as follows:
I) Course Name: Project Puerto Rico 2023
II) Course Description & URL: https://momentaworkshops.com/workshop/nola-2023/
III) Total Course Fees (“Fees”): $2900
IV) Course Date: March 19-25, 2023
Article 2 – ASSENT & ACCEPTANCE:
By purchasing tuition in the Course, you warrant you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course immediately. If you do so after purchase, your tuition payment is still bound to the Refund conditions. Course Provider only agrees to provide the Course to you if you assent to this Agreement.
Article 3 – AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to participate in the Course or access any Services contained herein or have parental permission to take part. By participating in the Course, you represent and warrant that you are at least 18 years of age or have full parental permission which may need to be verified in writing and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.
Article 4 – LICENSE TO USE WEBSITES & ACCESS COURSE MATERIALS:
We may provide you with certain information as a result of your accessing of the Course through the Website, email, or paper form. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course (“Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or any Websites or digital materials, or at the termination of this Agreement.
Article 5 – COURSE TERMS:
After purchasing the Course, you may not be able to begin until the specified Course Start Date. You must complete the Course by the specified Course End Date.
The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared any log-in information or proprietary material with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion, and you will not receive a refund.
We do not offer any promises or guarantees with regard to our Course or Course Materials.
You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;
D) This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
Article 6 – INTELLECTUAL PROPERTY:
You agree that the Materials, the Course, the Websites, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
Article 7 – CONTENT:
Momenta reserves the right to take photographs or videos during the operation of any educational course or part thereof, and to use the resulting photographs and videos for promotional and other purposes. You agree that the Images may be combined with other images, text and graphics, and cropped, altered or modified; acknowledge and agree that you have consented to publication of your likeness and further agree that you have no rights to the Images, and all rights to the Images belong to the Photographer/Filmmaker and Assigns. You also agree to comply with the “Acceptable Use” provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions. If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, you are requested to contact us immediately. Through your participation in the Course and your use of the Website or any Course related processes, you may be permitted to post materials to the Course pages and other parts of the Website or on 3rd-Party Platforms (“User Contributions”) or via email. You hereby grant Course Provider a non-exclusive, worldwide license to archive, copy, display, use, broadcast, transmit, and make derivative works of User Contributions you post as it deems necessary and relevant to the success of the Course and the Course Provider’s services and promotional purposes. The Course Provider claims no further proprietary rights in your User Contributions.
Article 8 – YOUR OBLIGATIONS:
As a participant in the Course, you will be asked to register your payment with our third party provider. When you do so, you will provide us with your address, telephone number, and email address. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course and be used for our correspondence with you.
You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website or 3rd-Party Platforms to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
As a participant in the Course, you will be asked to undertake and complete the obligations listed in any pre-session emails and via instructions via email correspondence. Should you not hear from the Course team prior to the workshop start date, you must contact us by telephone or email to assist us in diagnosing the problem.
Article 9 – PAYMENT, REFUNDS, & FEES:
As noted above, the total Fees for the Course are as follows: $2900 per person. A minimum deposit of $875 is required to hold your place on the workshop. Any discounts or scholarships will be applied at the time of the final payment. Final payment is due no later than 90 days prior to the course start date listed above.
The course is limited to a finite number of participants and should the occasion arise if a participant must be waitlisted after paying a deposit due to an error by our third party providers, we will notify you of this immediately and refund any tuition paid accordingly.
Momenta Group LLC reserves the right to cancel a reservation if full payment has not been received by 90 days prior to departure and all attempts to reach the registrant based on their email and telephone number given at registration have failed. For reservations made within 90 days of the departure date, full payment is required when the reservation is accepted.
Should you choose to cancel your registration, the following terms apply:
All cancellation notices must be received in writing via email and must be confirmed receipt by a Momenta staff member. Such cancellations will become effective as of the date of the postmark or email receipt.
If you cancel 120 days or more prior to departure, a refund will be issued minus an administrative fee of $550. Per person charges for cancellations that occur less than 120 days prior to departure are as follows:
• 119-90 days prior to departure: you will forfeit 100% of your deposit;
• 89-45 days prior to departure: you will forfeit 50% of the course price and any Customer Add-On services;
• 44 or fewer days prior to departure: you will forfeit 100% of the educational course cost and any Customer Add-On services without exception.
Should you request a transfer instead of canceling your registration, the following terms apply:
• You can transfer your registration once only, and the workshop you select must be in 12 months from the date of cancellation. A transfer without penalty can only happen prior to 120 days before your workshop’s start date.
• Between 119-45 days to the workshop, a transfer of your tuition may occur but will forfeit your deposit in full and any additional payments can be applied to your new workshop tuition.
• Between 45 or fewer days to departure, you will forfeit 100% of the educational course cost.
• Should you again cancel your new registration for the chosen transfer workshop, you will forfeit all deposits paid to date and may be charged the additional cancellation fees above, depending on the date of your cancellation.
All refunds are made via the original credit card given at the time of registration or via check to the name and address given at the time of registration. Momenta will attempt to process your credit card but if the card has expired or the refund is rejected for another reason, Momenta will mail a check to the registrant. Momenta Group LLC is not responsible for delayed refunds if you have moved from your address used at the time of registration and you did not inform our staff of your change of address. Refund checks are processed on the 1st and 3rd week of every month and are mailed via USPS regular postage and typically take 5-10 business days on average to arrive by mail at minimum.
Article 10 – ACCEPTABLE USE:
You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, Platforms, or general business of the Course Provider.
a) You further agree not to use the Course or the Website:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of the Course Provider or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
Article 11 – NO LIABILITY:
The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us or our guest faculty. You further agree that your participation in the Course is at own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, 3rd-Party Platforms, or on the Website.
Article 12 – REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
b) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Article 13 – DATA LOSS:
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.
Article 14 – INDEMNIFICATION:
You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
Article 15 – SPAM POLICY:
You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Article 16 – MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
Article 17 – ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
Article 18 – COURSE INTERRUPTIONS:
While highly unlikely, we may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled circumstances, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Article 19 – TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.
Article 20 – NO WARRANTIES:
You agree that your participation in the Course and your use of the Website is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Course or Website will meet your needs or that the Course or Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Course or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.
Article 21 – LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a result of your participation in the Course or your use of the Website or 3rd Party Platforms, to the fullest extent permitted by law, as noted above. The maximum liability of Course Provider arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to us in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Article 22 – GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language unless stated otherwise.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Course and your use of the Website, you agree that the laws of Oregon shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Deschutes, Oregon. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum nonconveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Deschutes. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Oregon. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, communicable diseases and quarantine, and other acts which may be due to unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: info@MomentaWorkshops.com.
K) PARTICIPANT ACCEPTANCE OF TERMS, CONDITIONS, AND WAIVER: With your payment of tuition or deposit, you formally agree to these Terms and Conditions as well as agree to waive any claim whatsoever against Momenta Group LLC and/or its designated members, principles, owners, faculty, contractors, officers, employees, agents, tour operator, tour administrator, or assigns, for any loss, damage, injury, or death, howsoever caused. You acknowledge you have asked to participate in an educational course to be conducted by Momenta Group LLC and are aware and informed that participation in and travel during this educational course is a potentially dangerous activity. The risks relating to participation in an educational course include, but are not limited to, risk of illness, injury or death; and risks associated with travel by airplane, automobile, train, boat or any other mode of transit. You acknowledge that personal property may be lost, damaged, stolen, or confiscated during the course of this trip. Travel or program disruption may be interrupted or delayed due to causes beyond the control of Momenta Group, LLC, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by third party providers, and any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s). Further, you recognize that as a participant in this workshop and educational course you may travel to locations and places where punctual and/or modern medical care may be difficult or impossible to access, and that, should you become ill or injured, medical treatment may not reasonably be available. You consent to receive first aid from Momenta Group LLC, its members, principles, owners, officers, employees, agents, tour operator, tour administrator, contractors or assigns. You affirm you are in good health and physically able to participate in all aspects of the trip. Momenta Group LLC, its designated members, principles, owners, officers, employees, agents, tour operator, tour administrator, contractors or assigns, shall not be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant’s Momenta Group, LLC educational course departure city. Baggage and personal effects are at all times the sole responsibility of the participant.
L) DISCLOSURE STATEMENT: Momenta Group LLC conducts educational courses and trips to places around the world where modern facilities may not be available and where inclimate weather, political unrest, and civic or governmental instability are possibilities. Every effort will be made to plan for such conditions, but there may be circumstances beyond the control of Momenta Group, LLC which can affect the trip, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by third party providers, and any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent, thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s). By registering for a Momenta Group LLC educational course, the participant certifies that they do not have any mental, physical, or other condition or disability that would create a hazard for oneself or other participants. The participant further certifies that they will read and sign the Medical Certificate & Questionnaire (if applicable), and that the disclosures to be made therein will be complete and accurate. The Momenta Group LLC and its designated members, principals, owners, officers, employees, agents, tour operator, tour administrator, contractors or assigns, reserve the right in their sole discretion to accept, decline to accept, or remove any participant in an educational course. Momenta Group LLC and its agents and assigns reserve the right, without penalty, to make changes in the published itinerary whenever in their judgment conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants.