PLEASE READ AND RETURN TO YOUR REGISTRATION WHEN COMPLETE
UPLIFT CONSENT FORM
In consideration of the services of Youth Era, their agents, owners, officers, promoters, participants, employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “YE”), I, as well as all members of the household participating in the virtual event with me, hereby agree to release, indemnify, and discharge, Youth Era, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I understand that this is a virtual event to be experienced over the internet and I am fully responsible for all internet charges and connections which are required to participate in this seminar. YE is not responsible for any computer failures, problems or errors, connection speed, interruptions of service or any technical or mechanical malfunctions, or any other malfunctions, whether caused by computer, servers, telephone, cable or satellites, human error, programming, equipment or otherwise related to the attempted entry into and participation during the seminar. Caution: Any attempt to deliberately damage any website or link affiliated with this seminar, by myself or whoever accesses the virtual seminar through my IP address, or otherwise undermine the legitimate operation of this seminar is a violation of criminal and civil laws, and if such attempt should be made, YE reserves the right, in its sole discretion, to disqualify and remove any individual from participation in this seminar it finds to be tampering with the online operation of the seminar or to be acting in violation of these terms or in any unsportsmanlike, immoral, or disruptive manner, as well as seek damages or any other remedy available to it to the fullest extent permitted by law.
2. In the event of any dispute, claim or cause of action arising from or connected with my attendance at this seminar, I agree to resolve any such dispute by binding arbitration pursuant to the terms hereof, and I further agree that the substantive law of the State of Oregon shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. The parties agree that the exclusive manner of resolving any and all disputes between them of any kind or nature whatsoever, including but not limited to disputes regarding validity, interpretation, enforcement or claimed breach of this Release, shall be by MANDATORY BINDING CONFIDENTIAL ARBITRATION. Arbitration shall be administered by a law firm of YE's choosing, applying Oregon law, the the arbitration will be heard and decided by one neutral arbiter ("Arbitrator") selected by mutual agreement or recommendation from the law firm of YE's choosing. The parties have the right to conduct discovery in accordance with Oregon Discovery law as described in the Oregon Rules of Civil Procedures (ORCP). Whether a dispute is subject to Arbitration and issues regarding jurisdiction and enforceability of this Release shall be determined solely by the Arbitrator and not by any court. The Arbitrator may impose any and all legal and equitable remedies that would be available to any Party before any governmental dispute resolution forum or court of competent jurisdiction. Any papers required to be delivered or served in connection with Arbitration may be sent via email and certified mail. The Arbitrator shall issue a written opinion containing their factual and legal reasoning. BY AGREEING TO ARBITRATION, THE PARTIES ARE GIVING UP ANY RIGHTS THEY MAY HAVE TO A TRIAL BY JUDGE OR JURY REGARDING MATTERS REQUIRED TO BE ARBITRATED. THE PARTIES UNDERSTAND AND AGREE THAT THERE IS NO RIGHT TO AN APPEAL OR A REVIEW OF AN ARBITRATOR’S AWARD AS THERE WOULD BE OF A JUDGE OR JURY’S DECISION.
GENERAL RELEASE
In consideration of my participation in the seminar presented by Youth Era and its vendors, I hereby generally release YE and its agents, representatives, employees, promoters, vendors, contractors, successors, assigns, insurers and affiliated companies for any and all liability whatsoever related to Youth Era’s negligence, negligent conduct or omissions, or my participation in this virtual event.
Having been so apprised, I hereby elect to and do assume the risk for claims heretofore or hereafter arising, known or unknown, from this Release and from my participation in the seminar. I acknowledge that I have been given the opportunity to ask questions regarding any aspect of the release contained herein, and by signing below, do acknowledge that I have carefully and completely read and fully understand all aspects of the releases and agree to the terms in their entirety. By participation in or attending the virtual Uplift event, I, on behalf of myself and any and all other members of the household watching with me or through my IP address (collectively the Viewing Party”), expressly agree not to record by audio, video, photography or any other means, any portion of this seminar, nor will the Viewing Party publish, post on the internet or otherwise make publicly available any recording of any portion of this Uplift event. The Viewing Party hereby assigns, conveys and transfers all right, title and interest including any copyright interest therein, in and to any recordings the Viewing Party might improperly make during this seminar to Uplift and Uplift shall be the sole and exclusive owner of any such recordings. The Viewing party also understands that all physical, written and/or electronic materials provided by Uplift (whether via streaming, digital download or any other method) in connection with this event are protected by the copyright laws, and the Viewing Party agrees not to use it in any form after this Uplift event, other than for the Viewing Party’s personal use.
During the virtual Uplift event, video images, movies, photographs and audio recordings will be made by YE, their agents or authorized independent contractors. As a result of my participation in Uplift, I and the Viewing Party may be included in any such video, movie, photographic or audio reproduction. Any and all of said reproductions are the exclusive property of YE and YE is the exclusive copyright owner. I and the Viewing Party shall have no claim, right or interest to any of these recordings or reproductions and my signature hereto grants permission to YE to use any of said recordings and reproductions in any responsible manner, including, but not limited to, promotional materials and commercial purposes. Such uses shall include and not be limited to commercial product, television infomercial, audio, CD and/or video tapes, internet and/or wireless transmission. These rights shall belong to YE in perpetuity. All video, audio, photographic and written material purchased by or provided to me during Uplift is protected by the copyright laws of the United States and other countries.
By signing the acknowledgment on the event registration form, I acknowledge that if anyone is hurt or property is damaged during my participation in these activities, I may be found by a court of law to have waived my right to maintain a lawsuit against Youth Era on the basis of any claims from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.