End of Effort Online + 1-on-1 with Kyle Cease | TERMS OF SERVICE
Acceptance to work 1-on-1 with Kyle is dependent on final consideration by Evolving Out Loud.
Participants must be over the age of 18.
If cancelled within 72 hours of original purchase: 100% tuition refunded.
No refunds after 72 hours of original purchase.
Cancellation requests must be received via email to [email protected].
CONSENT AND WAIVER:
I (“Participant”) have elected to participate in The End of Effort ONLINE and a one-on-one coaching Program with Kyle Cease and/or his affiliates, licensees, successors, agents and assigns (“Company”), whereby I will be speaking, communicating, and/or meeting with Kyle Cease and/or others at Company (the “Program”). I understand that the Program may cover a wide variety of topics, which may range from humorous to surprising, emotionally challenging or upsetting to me. I also understand that Kyle Cease is a comedian and coach, but he is not a licensed doctor, therapist, ordained religious leader or social worker. I understand that there is no guarantee of any particular outcome as a result of my participation in the Program.
I understand that my sessions in the Program may be videotaped or audiotaped by Company. Company will own all right title and interest, including all copyrights, in all videotapes or audiotapes which are recorded by Company. In the event that recordings are made of my participation in the Program, at Company’s discretion, such videotapes or audiotapes may be made available to me for my personal use only, but may not be rebroadcast, reposted or redistributed in any media or medium throughout the universe, whether known or not yet invented, without written consent of Company. Likewise, Company shall not post, exhibit, broadcast or distribute any videotapes or audiotapes of me without my written consent.
For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged I expressly and voluntarily assume all risk and liability in connection with the “Program”, including without limitation, death or injury to myself (physical, emotional or psychological), or to any person or property, and for all other risks and liabilities arising from the Program or in connection therewith. I acknowledge and agree that Kyle Cease and the Company are not responsible for any damages, costs, expenses or injuries (physical, emotional or psychological) I, or my property, may suffer as a result of my participation in the Program. Additionally, I hereby release, waive, and discharge Kyle Cease and Company to the maximum extent permitted by law, of any and all liability, claims, demands, actions, causes of action, costs and expenses of any kind whatsoever (including without limitation attorneys’ fees and costs) arising out of or related to any loss, damage, harm, death, or other injury, that may be sustained by me as a result of my participation in the Program, or otherwise.
This waiver and release extends to and includes any and all claims, liabilities, injuries, damages and causes of action that I do not presently anticipate, know, or suspect to exist, but that may develop, accrue or be discovered in the future and as such I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived. I agree and covenant on behalf of myself, my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors, and assigns, that I shall not directly or indirectly institute or seek any legal, equitable (including having no right to seek an injunction), administrative, or other action, complaint, or proceeding against Company arising from or in connection with the Program, and/or otherwise. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements. This Agreement may only be modified in writing. In the event that any portion of this Agreement is deemed unenforceable, the remaining portions of this Agreement shall remain in full force and effect.
Any dispute arising out of this release or related to the Program shall be governed by the laws of the State of California and submitted to confidential, binding arbitration at JAMS, or if JAMS is unavailable, the AAA, under the JAMS Commercial Arbitration Rules. Any such arbitration shall be conducted in the State of California and County of Los Angeles before a single arbitrator.