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Basic Training Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU (“AGENT” or “YOU”) AND TROPHY CLUB CONSULTING LLC (“PRESENTER”). By signing up for access to Basic Training for your employees, you are agreeing to be legally bound by all of the terms and conditions of this Enrollment Agreement (the “Agreement”).

  1. Agent Generally Agrees as follows:
    1. The Training Materials (defined below) are the sole and exclusive property of Presenter or its licensors, and Agent will not allow the Training Materials or any portion thereof, to be used except by its employees and only while attending the training.
    2. Agent shall not cause or allow its employees to copy or cause to be copied or reproduced in any way, form, or manner, electronic or otherwise, any of the Training Materials or portion thereof.
    3. Agent shall not cause or allow its employees to, directly or indirectly, distribute, make available, publicly display, publicly perform, create derivative works from the Training Materials or portion thereof in any form or manner, including online.
    4. Neither Agent nor its employees are permitted to record any of the provided training in any audio, video or other formats. No photography, video taping, filming, audio recording, or the like is permitted.
  2. Refunds/Cancellation: There are no refunds. If the Organization deletes a Trainee by 11AM Eastern Time for any reason, a credit for a future Basic Training session will be granted.
  3. Your Participation May Be Recorded: By participating in the training, you understand that portions of the training may be recorded in video and audio and/or captured in still and/or digital photographs. You hereby grant Presenter and its affiliates and assigns the right and permission to use in perpetuity your name, likeness, photographic images, voice, and/or testimonial(s), in any manner and in any media, throughout the world, at any time, for the purpose of advertising and publicizing Presenter’s products and services. Presenter owns all rights, title and interest, including intellectual property rights, in any audio, video, and/or photograph captured during the training. Presenter reserves the right to use any such photographs and video and/or audio recordings in any media, in perpetuity, without any compensation or prior review unless specifically prohibited by law, including without limitation on its website and social media pages.
  4. Intellectual Property Rights: You acknowledge that (i) anyone attending the training may receive and/or have access to certain materials, information, data, methodologies, and other creative output (collectively, “Content”), and (ii) this Content is owned by Presenter, its employees, licensors, representatives, business associates, advertisers, directors, agents, consultants, mentors, lecturers, and independent contractors participating in the training (collectively referred to as “Contributors”). You acknowledge that Presenter, and other Contributors own all right, title and interest, including intellectual property rights, in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere attendance or registration for the training. You accept full responsibility and liability for your use of any Content in violation of any such rights. You also acknowledge that Presenter is not responsible for any misuse of Content by third parties.
  5. Program Materials: You also agree that all the materials displayed or distributed during the training, or provided to you or which you may have access to in conjunction with the training, including without limitation: class handouts, teaching materials, presentations, audio and video material or stills from audiovisual material, graphics, slides, drawings, pictures, characters, animations, text, and data, and all intellectual property rights therein (such as copyrights and trademarks) (collectively “the Training Materials”) are the sole and exclusive property of Presenter or its Contributors. The Training Materials shall remain at all times the property of Presenter and/or of the Contributors. You shall not cause or allow Your employees to copy, distribute, make available, display, publish, perform or create derivative works from (by electronic means or in any other way) the Training Materials or Content without prior written permission from an authorized agent of Presenter. This includes forwarding or commercially exploiting the Training Materials or content. Neither this Agreement nor Presenter’s disclosure or display of the Training Materials or Content shall be deemed, by implication or otherwise, to grant you any licensed interest or property right in, under or to any of the Training Materials or Content and any intellectual property rights therein.
  6. Waiver and Release from Liability:
    1. You, on behalf of yourself and your assigns and heirs, devisees and estate (collectively “Successors”), hereby unconditionally and forever release, discharge and agree to hold harmless Presenter, and its affiliates, assigns and subsidiaries, along with each of its officers, directors, employees, volunteers, agents and contractors (collectively, “Released Parties”), from any and all claims, judgments, costs, damages, losses, expenses and liabilities (whether arising under a theory of contract, warranty, tort, strict liability, product liability or any other theory), relating to any claim you may now or hereafter have with respect to any death, personal injury, property damages, pecuniary loss or other loss, damage cost or expense (collectively “Harm”) that may be suffered by you or any third party as a result of, or in connection with, the training, or any portion thereof, even if such harm is caused in part by the recklessness, negligence, or fault of one or more Released Parties
    2. You specifically understand and agree that this Release will prevent you and your successor(s) from bringing a lawsuit, claim or other action against any Released Party and from recovering any money damages or other legal relief from any Released Party in connection with any of the claims released above.
  7. Indemnification: You agree to, and shall, indemnify, defend, and hold harmless Presenter and its parent company, affiliates, subsidiaries, divisions, officers, directors, employees, representatives, agents, contractors, assigns and successors-in-interest (collectively “Releasees”) from and against any claim, demand, damage, cost or other expense (including reasonable attorney fees) asserted by any third party due to, arising out of, or in any way related to, any violation by You of this Agreement.