LIVE.LOVE.LEAD. MM RETREAT AGREEMENT

Please carefully review the following agreement. All stipulations stated below are legally binding and will guide your L3 MM Retreat participation. Please take careful consideration when reading the bolded sections. If you have any questions please discuss them with Rha

L3 MM RETREAT PARTICIPANT AGREEMENT

This agreement dated as of the date set forth below (the “Agreement”) is between Move The Crowd, LLC (the “Company”) with its primary address at P.O. Box 325 Oradell, NJ, 07649 and YOU (the “Participant”) and is set forth for the purposes of outlining the terms and conditions for the L3 MM Retreat experience. 

The Participant enters this Agreement understanding that the purpose of this L3 MM Retreat (the “Retreat” or the “Program”) is to offer in-depth, goal oriented, personalized strategic support as outlined in the product description. [see event page for details]

I. Training & Participation Relationship:

The Participant agrees to put forth the best effort possible throughout the process and remain open to the principles and methodologies introduced therein. 

 This includes but is not limited to:

1. Doing the exercises as assigned

2. Being prepared to take notes and experience activities

3. Being “coachable” - i.e. bringing an open mind and heart to the process

4. Paying on time as directed (see payment instructions)

5. Respecting the confidentiality and proprietary nature of the principles, methodologies, and assignments shared within

6. Being in communication around any breakdowns, issues, concerns, or problems that impact your ability to fulfill any or all of the above.

The Company agrees to maintain the highest standards of integrity and encourage the most beneficial application of the principles and methodologies offered herein to produce the best results.  

This includes but is not limited to:

1. Being fully “present” i.e. giving participants our 100% undivided attention.

2. Bringing the best resources, experiences, and counsel available to the work.

3. Creating an open and encouraging space for authentic dialogue.

4. Holding the Participant accountable to achieving articulated goals.

5. Honoring the confidentiality and proprietary nature of the Participant’s personal and business information including but not limited to i.e. name (as requested), background, finances, proprietary concepts, intellectual property, client roster, collaborators, etc.

II. Additional Services:

In addition to the standard offerings provided within the selected L3 MM Retreat experience, the Participant and the Company may agree that the Company shall provide additional services to support the professional development of the Participant (“Additional Services”). These Additional Services may include, but are not limited to:  one-on-one coaching, reviewing lengthy documents, strategic introductions, securing business deals, providing in-person training, or formally pitching projects to outside entities.

Such Additional Services are not included in the program listed in this Agreement. Any Additional Services shall be negotiated separately with the goals and additional fees to be agreed on by both parties before any such Additional Services are provided.

III. Representations:

 The Participant represents and warrants to the Company that the Participant has the requisite power, competency, and authority to enter into this Agreement, meet the rigorous demands of the Retreat, and to fulfill the Participant’s obligations under this Agreement.  This Agreement, when executed, constitutes the valid and binding obligations of the Participant, enforceable in accordance with its terms. The Participant shall be solely responsible for any personal and business decisions and choices made as a direct or indirect result of the Participant’s participation in the Retreat.  

The Participant represents and warrants to the Company that the execution and delivery of this Agreement and performance by the Participant of its obligations under this Agreement do not and will not violate any law, rule, regulation, order, judgment, or decree applicable to the Participant. Further, the Participant represents and warrants to the Company that the Participant’s business does not violate any law, rule, or regulation and covenants that the knowledge gained in the Retreat shall not be used for any illegal purpose.

IV. Limitation of Liability:

 The Participant hereby expressly acknowledges that the input, coaching, training, speaking, training or development received from the Company at the Retreat or as Additional Services are provided “as-is,” without any warranty of any kind, express or implied, and the Company expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, suitability or fitness for a particular purpose, or that the Participant’s participation in the Retreat will produce any particular outcome.

 By electronically signing this agreement, the Participant is agreeing that any actions he/she or his/her company takes as a direct or indirect result of the Company’s input, coaching, speaking, training or development or from Participant’s participation in the Retreat are the Participant’s actions and the Participant’s actions alone. The Participant is completely and solely responsible for the outcomes, results, and any liabilities that arise from taking those actions.

 IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR ASSIGNS BE LIABLE FOR ANY COSTS, EXPENSES, LOSSES, OR DAMAGES ARISING OUT OF THE INPUT, COACHING, SPEAKING, TRAINING, OR DEVELOPMENT PROVIDED BY THE COMPANY TO PARTICIPANT IN ANY WAY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, THE COMPANY SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE IN ANY WAY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR TORT DAMAGES. WITHOUT LIMITATION TO THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES TO THE PARTICIPANT EXCEED THE FEES PAID BY THE PARTICIPANT TO THE COMPANY FOR THE RETREAT.

V. Intellectual Property:

 The Participant understands that all rights, title, and interest in and to the material presented in the Retreat, the Additional Services, and coaching relationship and all intellectual property rights therein are the proprietary information of the Company, or licensed by the Company and shall remain exclusively with the Company. The Participant promises that any notes the Participant takes will be for the Participant’s personal and professional use only. The Participant will not resell, license, disseminate, broadcast, create a derivative work, or otherwise distribute any of the coaching distinctions and materials used in the Retreat, the Additional Services, and coaching relationship without the prior written consent of the Company.  Furthermore, the Participant will not attempt to coach other individuals by using the principles and methodologies employed in the Retreat, Additional Services, and coaching relationship without the prior written consent of the Company.

VI. Payments:

The Standard Payment Schedule for this program is Pay In Full. By signing this Agreement, (a) the Participant agrees to pay in full all payments associated with the Participant’s account and the Program selected, (b) the Participant authorizes the Company to charge the Participant’s credit card or other payment method on file with the Company for the applicable payment and processing fees and promises not to deny or decline any such charge. Except as otherwise agreed by the Company in writing, as further set forth below, payment has to be made in full in order for the Participant to participate in the Retreat. 

Should a payment be declined, the Participant agrees to pay a $50 NSF (insufficient funds) fee. This fee will be charged in addition to any administrative bank fees for any returned checks, chargebacks, declined charges, and late fees on top of the agreed-upon program payment.

The Company may, in its sole discretion, offer an installment option. If the Participant is offered an Installment Option for payment, the Participant must be enrolled in the Company's Autopay System unless otherwise specified to cover the cost of the Retreat. In order to enroll in this system, the Participant agrees to provide the Company with a current, valid credit or debit card or bank account information as a form of payment (as such may be updated from time to time), and complete the AutoPay Authorization process. 

The 4 Installment Option due dates for this retreat are as follows:

•  First Installment & Non-Refundable Deposit due October 7, 2022
•  Second Installment due December 1, 2022
•  Third Installment due February 1, 2023
• Final Installment due March 1, 2023

VII. Cancellation:

The Program fee upon purchase is non-refundable in full or in part.

The Company may in its sole discretion offer a partial refund in the case of severe illness, death, or a dire health emergency.

VIII. Assumption of Risk of Exposure to COVID-19:

1. The Participant knowingly and freely assumes all risks related to exposure to any infectious diseases, such as COVID-19, while attending the Retreat. While following the attendance protocols required by local, state, and federal guidelines and established by the Company (the “Attendance Protocols”) may reduce the risk of contracting an infectious disease, including COVID-19, the risk of serious illness and death nonetheless does exist. 

2. The Participant understands that it is the Participant’s responsibility to follow all Attendance Protocols. Failure to comply with the Attendance Protocols required by the Company may result in the Participant’s immediate removal from the program without refund or reimbursement.  

3. Should the Participant become infected with an illness including but not limited to COVID-19, the Participant waives all rights to hold the Company liable, and should the Participant’s illness prevent the Participant from participating, the Participant acknowledges that the Participant will not receive any refund of any kind.  

4. The Participant agrees to self-monitor for signs and symptoms of COVID-19 (which typically include, but are not limited to, fever, cough, and shortness of breath) and, contact the Company if the Participant experiences symptoms of COVID-19 during the Retreat or within 14 days after attending the Retreat. 

IX. Medical Advice:

The Participant understands that the information provided by the Company at or in conjunction with any of the services is not intended to be treated as medical advice or a substitution for medical advice by a physician, therapist, licensed dietitian, or any other licensed or registered medical professional. The Participant also acknowledges that the Company is not acting in a capacity to provide medical or mental health advice. The Participant understands that the Participant should continue to follow all recommendations provided by their medical or mental healthcare professionals. The Participant understands that in no way is the Company or its representatives to be a substitute for the Participant’s mental or medical healthcare or a cure to any illness or condition that the Participant may suffer from.

X. Disclosures of Allergies or Limitations:

The Participant agrees to disclose any food allergy or sensitivity to the Company prior to this event so that the Company may attempt to accommodate the foregoing.  It is also the Participant’s sole responsibility to understand the Participant’s mental and physical limitations. The Participant understands that each person’s level of physical and psychological fitness is different and that some activities may not be appropriate for the Participant. The Participant acknowledges the need to self-monitor. Should a service or activity impact the Participant’s well-being, such as causing the Participant physical pain, the Participant’s inability to breathe, or impacting the Participant’s mental health, it is the Participant’s responsibility to notify the Company or its representatives immediately and to stop performing that service or activity.

XI. Seek Medical Advice:

 The Participant agrees to seek the advice of the Participant’s physician regarding any questions or concerns the Participant has about specific health situations, including but not limited to possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions or any medications that the Participant is currently taking. The Participant fully accepts that the Participant should consult with the Participant’s medical professional prior to changing any treatment plan.

XII. Imminent Harm:

 At any time before or during the Retreat, should the Participant know or fear that they may cause imminent harm to themselves, other participants, the Company or representatives, or any other persons, the Participant understands and agrees that they are to immediately notify the Company or representatives, and that the Participant must remove themself from the situation in a calm and peaceful manner. Otherwise, the Company or representatives reserve the exclusive right to prevent the Participant from further participating in the Retreat without refund or reimbursement. The Participant also agrees to hold the Company harmless as a result from any such injury or damage due to the application of medical or mental treatment by the Company or representatives or local law enforcement.

XIII. Consent to First-Aid or Emergency Treatment:

 The Participant hereby consents to the application of first-aid or other medical health services to be applied if needed in connection with an emergency health problem or potentially harmful situation during the Retreat. The Participant agrees to hold the Company harmless for an injury or damage the Participant may suffer due to the application of first-aid or emergency medical treatment.  The Participant further agrees to allow the Company to contact the Participant’s emergency contact provided below and provide details as to the Participant’s emergency situation without violating the Participant’s privacy rights.

XIV. Release and Waiver:

THE PARTICIPANT HEREBY RELEASES, WAIVES AND FOREVER DISCHARGES ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE COMPANY AND ITS AFFILIATES, INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF  THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH THE PARTICIPANT, HIS OR HER HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON THE PARTICIPANT’S BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM THE PARTICIPANT’S PARTICIPATION IN THE RETREAT, ADDITIONAL SERVICES, OR THE COACHING RELATIONSHIP.

In addition, the Participant agrees to accept full responsibility for the security of the Participant’s personal belongings at all times and agrees that the Company is not responsible for lost, missing, or stolen items.

XV. Media Release:

 The Participant understands that by participating in the Retreat, the Participant consents to photographs, videos, and or audio recordings that may contain the Participant’s image or voice (the “Recordings”) for current and or future use. The Participant understands that the Participant will not be compensated in any way. The Participant understands that the Recordings may be shared on social media, with other clients, marketing materials, websites, or any other promotional resources for the Company. The Participant hereby releases and discharges the Company from and against any liability relating to any the Company’s use of the Recordings, including but not limited to any claims of defamation or invasion of privacy.

XVI. Travel Release:

 In the event that the Retreat is located outside of the United States, the Participant acknowledges that the Participant is choosing to travel internationally. Participant recognizes that there are inherent risks to international travel including but not limited to political, social, and economic unrest, poor health conditions, and less stringent safety requirements.  Further, Participant has read the US Centers of Disease Control (CDC) website (http://www.cdc.gov/travel) and the US State Department website (http://travel.state.gov) Travel Alerts, Travel Warnings, and Consular Information Sheet and has thoroughly evaluated any health and safety risks and dangers of the country(s) that Participant anticipates visiting during Participant’s participation in the Retreat. Participant shall be responsible for obtaining travel and health insurance which will provide coverage while Participant is traveling in connection with the Retreat.

 Participant assumes all risk and responsibility associated with such international travel and hereby releases the Company, its directors, officers, employees, or agents from and agrees to hold the Company harmless against any and all liability for any harm, injury, damage, claims, demands, actions, causes of action, costs, and expenses of any nature that result from Participant’s participation in international travel associated with the Retreat, including, without limitation, arising from any flight delays or cancellations, visa or passport requirements, or dangers, hazards, and risks created by the following: (a) weather; (b) strikes; (c) acts of God; (d) war; (e) quarantine; (f) disease; (g) civil unrest; or (h) terrorism. 

XVII. Governing Law and Jurisdiction:

This Agreement shall be deemed to have been made in the State of New Jersey and any and all performance hereunder, or breach thereof, shall be interpreted and applied in the State of New Jersey. The parties hereto hereby consent to personal jurisdiction and venue exclusively in the State of New Jersey with respect to any action or proceeding brought with respect to this agreement.

Any dispute arising under or relating to this agreement shall be submitted to binding arbitration in the State of New Jersey pursuant to the rules for commercial arbitrations of the American Arbitration Association. Any arbitration award shall include an award of reasonable legal fees and costs to the prevailing party. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

XVIII. Miscellaneous:

 This Agreement contains all oral and written agreements, representations, and arrangements between the parties with respect to its subject matter, and no representations or warranties are made or implied, except as specifically set forth herein.  No modification, waiver, or amendment of any of the provisions of this agreement shall be effective unless in writing and signed by both parties to this agreement.

If any provision or portion of this Agreement or the application thereof to any person, party, or circumstance shall be invalid or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this Agreement.