Agreement: This Participation Agreement, along with any additional terms and/or policies incorporated by reference (collectively the “Agreement”), constitutes a legally binding agreement between 3 Key Elements, Inc. (“3 Key Elements”) and purchaser or participant (“You” or “Your”) (collectively the “Parties”) as part of Your purchase of audios, merchandise, or products (the “Products”) or Your purchase of or in consideration for 3 Key Elements permitting You to observe, work for, volunteer in, or participate in any way in any courses, events, services, or programs (the “Programs”) (collectively the “3 Key Elements Offerings”). You expressly acknowledge that You have read and understand this Agreement in its entirety, and You agree to be bound by the terms and conditions of this Agreement, including any modifications which 3 Key Elements may make by notifying You or by posting updates online at 3keyelements.com/terms. If at any time You disagree with any part of this Agreement, Your sole remedy is to cease access to all 3 Key Elements Offerings. Please note, however, that any transaction or participation which occurred prior to the date of such termination shall be governed and controlled in full by the terms of this Agreement. In the event You transfer Your ownership of any 3 Key Elements Offerings, You shall ensure that any purchasers or assignees are bound by the terms of this Agreement.
Definitions: All capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Terms of Service.
Terms of Participation - available online at 3keyelements.com/terms and provided here for convenience
1. Program Participation: Participation in the Programs is voluntary and the results You experience are based upon Your level of participation. You may choose to cease participation at any time—knowing that the Program tuition will not be refunded except as subject to the Terms of Purchase.
a. You agree that You are of sound mind and not currently under any psychiatric care, under which You have been advised against participating in a Program of this kind. You also agree that You are not taking over-the-counter medication or substances that alter mental capacity. If You are using a prescribed anti-depressant or prescribed stimulant, You agree that You are participating in the Programs under Your own free will. You further agree not to discontinue care or prescribed medications until approved by Your health care provider.
b. Your emotions may surface at any point. You are responsible for how much You share and express in the Programs. You acknowledge that You take responsibility for Your feelings and will respectfully participate in the Programs to learn and gain new insight. You are responsible to identify appropriate goals and to complete the action steps You set.
2. Photo Release: You grant to 3 Key Elements and its authorized representatives per mission to record Your participation using recording devices of any kind including photography, video, and/or audiovisual technology. Except for recordings of individual mentoring appointments, which will be kept confidential, You consent to Your voice, name, and/or likeness being used, in any and all media, whether now known or hereafter devised, in perpetuity, without payment of fees, royalties, special credit, or other compensation.
3. ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY:
a. Assumption of Risk: You acknowledge and agree (1) that You understand the nature of the Programs; (2) that You are qualified, in good health, and in proper physical condition to participate therein; (3) that there are certain inherent risks and dangers, both known and unknown, associated with participation in the Programs including, but not limited to, permanent disability or death, social and economic losses, costs, damages, and other risks not readily foreseeable at this time (collectively, the “Risks”); (4) these Risks may be caused by Your own actions or inaction, the actions or inaction of others participating in the Programs, the conditions in which the Programs take place, or the ordinary negligence of the “Releasees” named below; and (5) You knowingly and voluntarily accept and assume all such Risks and all responsibility for each of these Risks that could arise out of, occur during, or as a result of Your participation in the Programs.
b. Release and Waiver: You hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE 3 Key Elements, or any subdivision thereof, its related parties, affiliates, officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (collectively, the “Releasees”), from and for any liability for any personal injury, accident, illness, permanent disability or death, and/or property loss, caused in whole or in part by Releasees ordinary negligence, or arising from, or in any way related to, Your participation in the Programs.
c. Severability: You expressly agree that You have read and fully understand the entire foregoing assumption of risk and release and waiver of liability agreement in which You have given up substantial rights by signing, and intend Your signature to be a complete and unconditional release of all liability to the fullest extent allowed by law with the assumption of risk and release and waiver of liability to be as broad and inclusive as is permitted by law, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
4. Survival: Terms of Participation sections 2 and 3 shall survive termination of this Agreement.
I certify that I am at least 18 years of age and have read and agree to the 3 Key Elements Participation Agreement, effective on the date signed. 3 Key Elements, Inc. limits acceptance to the terms as provided, and objects to any other additional or different terms.
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Document Name: Event Waiver
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