POWERHOUSE WOMEN COMMUNITY BUILDERS MASTERMIND PUBLICITY WAIVER AND RELEASE AGREEMENT
I voluntarily enter into the Mastermind Publicity Waiver and Release Agreement (“Agreement”) with Powerhouse Women LLC, an Arizona limited liability company (“Powerhouse Women”).
I hereby irrevocably and unconditionally agree for myself, my personal representatives, my heirs, next-of-kin, insurers, successors, and assigns, as follows:
- I desire to participate in the Community Builders Three Month Mastermind hosted by Powerhouse Women (the “Mastermind”). This Mastermind will include the following:
- 4 day in-person retreat in Phoenix, AZ (February 20-23, 2023) three meals included, travel + accommodations not provided.
- Monthly live Q&A implementation calls (January - March)
- Small group mastermind with women at a similar stage of business, for additional support & collaboration
- 3 months of access to an online portal full of curated content and business resources
- Profitable Events Playbook Bonus
- Visibility Accelerator Bonus
- Assumption of Risks. I understand that participating in the Mastermind entails risks and challenges associated with an intensive training program of personal and business development, including, by way of example, physical, mental or emotional distress that may accompany significant life changes. By signing this Agreement, I am freely and voluntarily assuming the risks arising from my participation in the Mastermind, including risks that cannot be foreseen at this time. I take full responsibility for my business’ health, my personal health and well-being, my actions and decisions, and my personal care during the Mastermind and any subsequent actions I choose to take as a result of the influence, information or educational materials provided to me by Powerhouse Women, any Authorized Mentors, and any of the other Mastermind participants. Further, I assume all the risk of travel to and participation in the Mastermind. I understand I am solely responsible for my personal safety and the protection of my personal property during the Mastermind.
- No Guaranteed Outcomes. I understand that outcomes of the Mastermind can be subjective and can vary greatly depending upon individual circumstances and individual effort invested in the Mastermind process. Joining the Mastermind does not guarantee that I will take any specific action and does not offer any guarantee of success. As such, I understand that Powerhouse Women makes no guarantee, representation or warranty of any nature or kind that the Mastermind will be effective or will result in any particular outcome.
- Disclaimer. To the fullest extent permitted by law, Powerhouse Women, its affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by participant or others in connection with the Mastermind, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. Powerhouse Women, Authorized Mentors, and the Mastermind participants are not medical, legal, financial or other professionals, or if we are, during the terms of the Mastermind and related material(s), they are not offering our professional services and I expressly agree they are not acting in any professional capacity, including medical, legal, financial or otherwise during the Mastermind. None of the Mastermind or its related material(s) should be construed as medical, legal, financial advice.
- Waiver and Release of Liability. I fully and forever release and discharge Powerhouse Women, its affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, the Authorized Mentors, any of the other Mastermind participants, the venue, and all others involved in this Mastermind, from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Mastermind, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause, and whether such claims are known or unknown, or suspected or unsuspected (all such claims, demands, losses, liabilities, damages and causes of action are referred to collectively herein as the “Released Claims”).
- Medical Expenses. I hereby consent to receive medical treatment which may be deemed necessary should any illness, accident, or injury, or medical emergency occur at any time during the Mastermind and understand that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation.
- Agreement Not to Sue; Indemnity. I covenant and agree that (i) I will not institute or attempt to institute any legal action, arbitration, demand or proceeding against Powerhouse Women, its affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, Authorized Mentors, any of the other Mastermind participants, the venue, and all others involved in this Mastermind based upon any Released Claim, and (ii) I will indemnify, defend and hold harmless Powerhouse Women, its affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, Authorized Mentors, any of the other Mastermind participants, the venue, and all others involved in this Mastermind from and against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with the defense of any Released Claim or any other breach of my obligations under this Agreement.
- Content Standards. In order to foster a supportive and productive environment, during the Mastermind the following content standards apply to any and all contributions and communication among the Mastermind participants (“Participant Contributions”). Participant Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Participant Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or (iii) promote any illegal activity, or advocate, promote, or assist any unlawful act. If the Powerhouse Women is made aware of and determines that Participant Contributions have violated these Content Standards, Powerhouse Women will take commensurate action to restore a supportive and productive environment, including the removal of the participant who violated these Content Standards from the Mastermind, without any refund.
- Confidentiality and Non-Disclosure: I agree to preserve the sanctity and safety of the Mastermind. I understand during the course of this Mastermind, I will have access to and learn about non-public, confidential, or proprietary information ("Confidential Information") disclosed by Powerhouse Women and each of the Mastermind participants (“Disclosing Party”). I hereby agree to protect and safeguard the confidentiality of all such Confidential Information with at least the same degree of care as I would protect my own Confidential Information, and I will not use Confidential Information in any manner to the Disclosing Party's detriment. To provide me with the highest quality of service, I understand that Lindsey Schwartz, founder of Powerhouse Women, may discuss and receive independent coaching on certain topics anonymously and hypothetically with other personal coaches or from Authorized Mentors. In addition to all other remedies available at law, the Disclosing Party may seek equitable relief (including injunctive relief) against the to prevent the breach or threatened breach of this Section and to secure its enforcement.
- Intellectual Property. To honor and protect Powerhouse Women’s intellectual property, I agree not to disclose, reproduce or distribute this Mastermind’s written materials, techniques or methods to any third party without Powerhouse Women’s prior written consent. I understand that Powerhouse Women’s written, and recorded materials are protected by United States intellectual property laws, and I agree not to copy, reproduce or distribute any such materials for any reason without Powerhouse Women’s prior written consent.
- Payment. I acknowledge that I am committing to the Powerhouse Women 11 Month Business Mentorship and Mastermind as well as the entire financial investment. I may either pay for the Mastermind by (i) payment plan, and (ii) a single payment in full. If I select to pay by payment plan, I must remain current to continue my participation in the Mastermind. In the event any payment becomes past due, I have 5 days to cure my breach, before my participation in the Mastermind will be terminated by Powerhouse Women. If I select to pay by a single payment in full, such payment is required prior to commencement of the Mastermind. If I cannot attend any scheduled Mastermind session or part thereof for any reason, including as a result of an emergency, I understand full payment is still required despite the method of payment selected. No discounts or refunds of fees will be given under any circumstances; unless approved in writing prior to the commencement of the Mastermind.
- Termination. I understand that I am free to cease my participation in the Mastermind at any time. However, I will not receive a refund for remainder of the Mastermind and all remaining payments under the payment plan will continue. This Mastermind is non-refundable and non-transferable. Therefore, I understand that no refunds will be provided in the event of my failure to attend any scheduled Mastermind session or part thereof for any reason. Further, I understand that I may not designate a surrogate to replace myself in the Mastermind, including online and live events.
- Survival. I understand that the terms of this Agreement shall survive the termination or completion of the Mastermind.
- Publicity Waiver. By participating in the Mastermind, I acknowledge I have been informed that I may be photographed, filmed, or otherwise recorded during the Mastermind, with the exception of any participant’s Confidential Information, for Powerhouse Women’s advertising, promotion, and any other commercial and business purposes Powerhouse Women may deem fit (the “Content”). Further by participating in the Mastermind, I grant my irrevocable consent to Powerhouse Women, the right use, modify, reproduce, license, distribute, create derivative works of the Content, which may include the publicly display the my name, image, email address, likeness, appearance, and voice, without compensation, in any other manner or media now known or hereinafter invented, throughout the world, without restriction as to alterations or modifications, for any purpose described above. I understand that Powerhouse Women will be the sole property of the Content, and I waive any and all rights of publicity, privacy, or other rights therein. I further waive any and all rights to bring an action at law or equity related to the Content against Powerhouse Women, its affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, and release them from any and all liability whatsoever related to the Content.
- Force Majeure. Powerhouse Women shall not be liable or responsible to the Mastermind participants, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) action by any governmental authority; (f) national or regional emergency; (g) shortage of adequate power or transportation facilities; and (j) other events beyond the reasonable control of Powerhouse Women or Authorized Mentors. Powerhouse Women shall give notice as soon as reasonably possible to all of the Mastermind participants of the occurrence of a Force Majeure Event. Powerhouse Women shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Powerhouse Women shall resume or reschedule the performance of its obligations as soon as reasonably practicable after the removal of the cause.
- Dispute Resolution; Limitation of Liability. In the unlikely event of a dispute arising from or relating to the Mastermind or this Agreement, the dispute shall be settled by binding arbitration, which will occur via telephone by an arbitrator that is mutually approved by the parties. The costs of the arbitration will be shared equally by the parties; provided that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable attorneys’ fees and costs. I agree that if Powerhouse Women is found liable for any loss or damage, then to the fullest extent permitted by law, the aggregate collective liability of Powerhouse Women, will be limited to a refund of amounts I have paid to Powerhouse Women for the Mastermind per this Agreement.
- Miscellaneous. This Agreement shall be governed by the laws of the State of Arizona without regard to its conflicts of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision had never comprised a part of this Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon me and my heirs, next of kin, family members, estate, trustees, beneficiaries, executors, administrators and representatives. Each member of Powerhouse Women, its affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, any Authorized Mentors and any of the other Mastermind participants, are express third-party beneficiary of this Agreement, and fully entitled to enforce his or her rights hereunder. No amendment changes or modification to this Agreement shall be valid unless it is in writing signed by both parties. This Agreement may be executed by an electronic, jpeg, PDF, facsimile or other digital method of signature, and all such methods of signature, including by counterparts shall be fully binding.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS