Public Workshop Terms and Conditions
These Public Workshop Terms and Conditions (“Public Workshop Terms”) apply to the public workshops and seminars (“Workshops”) provided by JANEK Performance Group, Inc. (“JANEK”).
By signing up for one of JANEK’s Workshops: (i) you acknowledge that you are the individual named in the registration as the attendee of the JANEK Workshops (“Attendee”) or have authority to enter into these Public Workshop Terms on behalf of the Attendee; (ii) you acknowledge that you are the individual or entity which is providing JANEK payment for the Workshops (“Payor”) or have authority to enter into these Public Workshop Terms on behalf of the Payor; and (iii) that you accept these Public Workshop Terms on behalf of yourself, the Attendee, and the Payor (collectively, “Client”).
Attendee Requirements: Attendees must be 18 years of age or older. Casual business attire is requested. All Attendees are required to comply with all policies of the property where the Workshops is being held as well as all local, state and federal laws (“Laws and Polices”). During any Workshops, any individual who is in violation of the Laws and Policies or is acting disruptive or in anyway impeding the smooth presentation of the Workshops may be required to leave the Workshops. No refund will be provided for any attendance fees paid on behalf of said individual.
(a) Cancelation by Client. To be effective, any Workshops cancellation must be submitted in writing by Client and received by JANEK at least ten (10) business days in advance of the scheduled date of the Workshops. If this timely cancellation is received by JANEK in writing, Client can either reschedule the Workshop for a later date, or received a refund of any fees paid minus a $100 administrative fee. If cancellation is not timely received as specified herein, Client shall forfeit any fees paid.
(b) All Transactions Final: All transactions are deemed final nine (9) business days in advance of the Workshop. Client understands and agrees that all transactions, including credit card transactions, are final and that payment of any products and services are fully earned and final nine (9) business days in advance of the Workshop.
(d) Cancellation by Janek: JANEK reserves the right to cancel any Workshops for any reason. In the event of a cancellation by JANEK, Client shall have the right to either reschedule the Workshops for a later date or receive a refund of any fees paid. JANEK has no responsibility for non-refundable or other costs incurred by Client in anticipation of any Workshops.
Returned Checks: If any check or other negotiable instrument provided to JANEK by Client is returned for any reason, Client agrees to pay JANEK thirty dollars ($30) per returned check.
Workshop Content: Workshop content and speakers are subject to change without notice. Space is limited, and all Workshops are offered on a space available basis.
Disclaimer of Warranties: JANEK makes no express or implied warranty of any kind regarding any Workshops. The content of the Workshop is general in nature and not guaranteed or warranted to provide solutions to any specific situation. Workshops are provided for information purposes only.
Limited, Revocable License to use the Material:
(a) The forms, documents, and other content (“Material”) which are distributed to the Attendee at any JANEK Workshops are owned by JANEK. The Material is licensed, not sold.
(b) The Material is licensed by JANEK solely to the individual (i) named in the registration as the attendee of the JANEK Workshop where the Material was distributed; and (ii) for which a registration fee was and is fully paid (“Licensee”).
(c) JANEK grants to the Licensee (an individual) the revocable, personal, non-exclusive, nontransferable, and temporary right to use the Material (“License”) JANEK may revoke this License at any time. Sharing Material with other individuals, or allowing other individuals to view the contents of the Material, is in violation of this License. Licensee may not make the Material available to others within an organization, on a network, in a company library, or in any way provide the Material to multiple individuals.
(d) Licensee agrees that in the event of his/her violation of this License, JANEK is entitled to: (i) Repossess of all Material and all copies, duplicates or any and all derivative works; and (ii) Seek injunctive relief to cease ongoing violations of this License and to prevent subsequent violations. Licensee further agrees to indemnify and hold JANEK harmless from any losses Licensee or Client incurs as a result of JANEK’s revocation of the License to use any Material.
Intellectual Property Notice:
All Material is copyrighted © 2005 – 2013 JANEK Performance Group, Inc. and is protected by United States and international copyright laws. All rights reserved. Reproduction, public display, creation of derivative works, and any non-licensed use is prohibited.
Governing Law and Jurisdiction:
(a) Governing Law; Jurisdiction. These Public Workshop Terms are entered into in Nevada and shall be construed in accordance with and governed by the substantive laws of the State of Nevada without regard to the conflict of laws provisions thereof. As part of the consideration for signing up for a Janek Workshops Client agrees that all actions or proceedings arising directly or indirectly from said Workshops or these Public Workshop Terms shall be litigated in courts located within Clark County, Nevada and the parties consent to be subject to personal jurisdiction in any local, state or federal court located in Clark County, Nevada.
(b) Attorneys Fees. Client and JANEK agree that should any action be instituted by either party against the other regarding the Workshops or these Public Workshop Terms, the prevailing party will be entitled to all of its expenses related to such litigation including, but not limited to, reasonable attorney’s fees and costs.
Assignment: The right to attend the Workshops is personal to Attendee and shall not be assignable without the prior written consent of JANEK. JANEK may freely assign or transfer any or all of its rights or obligations under these Public Workshop Terms without Client’s consent.
Entire Agreement: All advertising material and all prior representations or agreements, if any, whether oral or written, are all hereby superseded by these Public Workshop Terms. These Public Workshop Terms contain the entire understanding and agreement between JANEK and Client, and no additional terms or modification of any terms shall be effective unless set forth in writing and signed by both JANEK and Client. No sales person, agent, nor affiliate acting on JANEK’s behalf has the authority to modify these Public Workshop Terms.
Electronic Signatures. These Public Workshop Terms are being executed by electronic signature, which shall have the same force and effect as an original signature.