DANIELLE McCLELLAN, RD PLLC

Forward Together Agreement

 

This Forward Together agreement (the “Agreement”) is made and entered by and between ____________________ (hereafter referred to as the “Client”) and Danielle McClellan, RD PLLC and The A Team Coaching, LLC (hereafter referred to as the “Coach”) (each a “Party” and collectively the “Parties”) as of this ___ day of _____________, 20___ (the “Effective Date”). 

 

The purpose of this Agreement is to set forth the details of the Parties’ relationship so that each are clear as to respective roles and how communication will take place so that the relationship will be positive, productive, and comfortable.

 

THEREFORE, Coach and Client agree as follows:

 

 

1. Coach agrees to provide an online seminar in accordance with the specific services set forth in the Forward Together Program details as outlined in Exhibit A (the “Service”). Unless otherwise agreed between the Parties, to the extent the Service is performed by a person, Coach’s duties hereunder will primarily be performed by Danielle McClellan and Alex Thieme.
2. The Service to be provided by Coach to the Client includes an online seminar on how to calculate and count macros (the “Program”) and other content designed by the Coach. The Service hereunder may address general dietary concerns or general conditions. Coach may work to develop and, if necessary, periodically adjust the Service to reflect a change in general goals or education, or as needed.

1. If Client is presently under any form of psychiatric care or specialized medical supervision, Client should talk to their provider and inform Coach prior to executing this Agreement and accepting the Service.

 

2. The Program will be available online and accessible via Zoom. The Program will provide Client with access to information regarding how to calculate and count macros. Further details regarding the Program are outlined in Exhibit A to this Agreement.

 

3. The Service will last for the duration and occur at a frequency solely as determined by Coach and as provided in Exhibit A. If Client does not utilize the Service, Coach may still collect the entire amount owed for the Service.

 

4. Coach may employ a range of methodologies in the Program, including video education and/or other methods to be determined by Coach. Client understands that Coach makes no guarantees as to the outcome of the Service.

 

 

1. Client will make payment via website or other agreed upon method as outlined in Exhibit A.
2. The fee for the Service shall be as set forth in Exhibit A. Client is responsible for paying in strict accordance with Exhibit A unless prior alternative arrangements have been made. Payment must be made by credit card, or as otherwise explicitly agreed upon in writing. In the event Client fails to timely pay in accordance with this Agreement, Coach reserves the right to use an attorney or collection agency to secure payment. Coach does not accept insurance at this time; thus, Client will be responsible for the entire fee as outlined in Exhibit A.
3. NO REFUNDS WILL BE ISSUED. Should Client decide not to continue with the Service for which the Parties have contracted at any time, full payment shall be due and owed for the full amount of any outstanding fees. Should Client not make the full payment, Coach may deny entry to the Program and pursue legal action. Notwithstanding the foregoing, in the event Coach determines that Client is ineligible for the Program based on an assessment and terminates Client’s access to the Program, Coach may, in Coach’s sole discretion, provide a full or partial refund for any unused portion of the Service. 
4. Credit Card Authorization. Each Party hereto acknowledges that Coach may send an invoice or charge the credit card chosen by the Client on the date and for the amount specified in Exhibit A. No Service will be provided until payment is made and if any payment is not paid on the due date, Client forfeits any remaining Service.

 

6. HEALTHCARE DISCLAIMERS.

1. Client understands that Danielle McClellan, RD, LD is a Registered and Licensed Dietitian and is not a physician nor providing medical services. Rather, she provides education within the scope of her credentials to enhance knowledge of general health as it relates to foods, dietary supplements, and behaviors associated with eating. While nutritional and dietary support can be an important complement to medical care, Client understands dietary knowledge is not a substitute for diagnosis, treatment, or care of disease by a physician or other medical provider. Rather, the Service is intended as a general and non-personalized guide to developing an appropriate health-supportive program. This Service is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice. By utilizing the Service, Client acknowledges that Danielle McClellan is not providing medical services, and that the Service hereunder does not replace the care of other professionals.
2. Coach may provide the Client with information relating to products that Coach believes might benefit people trying to live a healthier lifestyle, but such information is not to be taken as an endorsement. Coach may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information, coaching, recommendations, suggestions, or Service provided.
3. If Client is under the care of a healthcare professional or currently uses prescription medications, Client should discuss any dietary changes or potential dietary supplement use with their primary care physician and should not discontinue any prescription medications without first consulting their primary care physician.
4. Client acknowledges and agrees that the information provided to Client is designed to meet general fitness goals. It is NOT suitable for all persons or persons with certain medical or health related conditions. Client understands and acknowledges that Client should not use the Service if Client is pregnant or breastfeeding, uses certain medications, and/or has certain medical histories or chronic conditions, including but not limited to persons with kidney disease, diabetes, anyone with a history of bariatric surgery, or anyone with a history of an eating disorder or disordered eating. Client understands and acknowledges that using this Service can be dangerous to Client’s health.
5. Use of the Service and performance of the suggested actions hereunder is at Client’s own risk. Any use of the Service requiring physical activity, calculation, or behavior modifications are done at Client’s discretion, and Coach will not be held liable for any injury that could result from utilizing the Service.
6. Coach may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services or products. Client acknowledges and agrees that these are only recommendations, and Coach will not be held liable for the services or products provided by any third-party to the Client. Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

 

7. GENERAL DISCLAIMERS. Any testimonials or examples shown through Coach’s website, programs, and the Service are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s Service. Client acknowledges that Coach has not and does not make any representations as to the future result that may be derived from using Coach’s website, programs, products, or the Service. Client expressly assumes the risks of receiving and using the Service, including the risks of trying new foods or modifying Client’s dietary regimen, and the risks inherent in making lifestyle changes.

    

8. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal, or make use of any Confidential Information, as defined below, learned by either Party during discussions, coaching sessions, appointments, or otherwise. Coach’s policies about confidentiality, as well as other information about Client’s privacy rights, are further described in separate documents entitled Privacy Policies and Terms of Use. Nothing herein shall prevent Coach from updating or amending its confidentiality practices or other terms of the Privacy Policies and Terms of Use from time to time and at any time. Notwithstanding the terms of the Privacy Policies and Terms of Use, Client acknowledges that Coach may share confidential information or information providing during or regarding discussions, through comments or feedback, or otherwise relayed to Coach with Coach’s contractors or representatives. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase of the Service shall survive the termination, revocation, or expiration of this Agreement.

 

9. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents provided to Client as part of this Agreement, Coach maintains all the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content and/or Service provided by Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of Coach to Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Section, “Material” shall mean the materials, in whatever form, used by Coach to provide the Service and the products, systems, programs, or processes produced by Coach pursuant to this Agreement.

 

10. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by law, the Service provided to Client by Coach under this Agreement is provided on an “as-is” basis, without any warranties or representations express, implied, or statutory, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose.

 

11. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event will Coach or any of its employees, members, managers, officers, partners, affiliates, subsidiaries, or representatives (collectively the “Representatives”) be liable to Client or any other party for any special, direct, indirect, incidental, exemplary, consequential, or punitive damages arising from or related to the Service, any third party content or services provided through the Service, or to this Agreement, regardless of causal event or legal theory asserted, including but not limited to: (a) any loss of profits or economic loss; (b) any business interruption; (c) any loss or breach of data or privacy, including any loss, disclosure, or misuse of Client’s Confidential Information; (d) any cost of procuring or transitioning to replacement services; (e) any failure to meet any duty, including any statutory duty, duty of good faith, or duty of reasonable care; (f) any failure by Client to act on any recommendation of Coach; (g) any inaccurate, misleading, or deceptive description of a program distributed by Coach as part of the Service; (h) any service not required under this Agreement; (i) any personal injuries up to and including death; and (j) any other pecuniary or other loss whatsoever, whether such loss arises out of the use of the Service, the inability to use the Service, the provision of or failure to provide support, information, upgrades, or related materials, or any breach of contract or any tort, including but not limited to, negligence, misrepresentation, or strict liability obligations. Further, to the maximum extent permitted by law, in no event will Coach’s or any of its Representatives’ total cumulative liability to Client or any other third party for claims, losses, or damages of any kind, whether based on contract, tort, negligence, indemnity, or otherwise, arising out of or related in any way to this Agreement or the Service, exceed the actual fees Client paid to Coach under this Agreement during the preceding three (3) month period ending on the date of the cause of action giving rise to the claim, loss, or damage. Unless otherwise required by applicable law, no claim may be asserted by Client against Coach more than six (6) months after the date of the cause of action underlying such claim.

 

12. Client shall indemnify, defend, and hold harmless Coach and Coach’s current and former employees, contractors, agents, affiliates, partners, members, managers, and representatives (collectively the “Indemnified Party”), from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to: (a) the Service provided by Coach; (b) the negligence, recklessness, or willful misconduct of the Indemnified Party or any party under the direction or control of the Indemnified Party; (c) a material breach of this Agreement by the Indemnified Party; (d) the use of any third party services in relation to the Program; or (e) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the Indemnified Party, or its clients.

 

13. NON- The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. Client agrees that Client will not engage in any conduct or communications with a third party, public or private, designed to disparage or embarrass Coach. Neither Client nor any of Client’s associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize, or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing), any remark, comment, message, information, declaration, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, Coach or any of its programs, affiliates, subsidiaries, principals, employees, agents, or representatives.

 

14. DISPUTE RESOLUTION. Except to the extent explicitly prohibited by applicable non-waivable law, if a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Austin, Texas or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

 

15. GOVERNING LAW. Except to the extent explicitly prohibited by applicable non-waivable law, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.

 

16. GOOD FAITH. Each Party represents and warrants to the other that such Party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

 

17. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Parties and supersedes all prior agreements between the Parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, or changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and Coach.

 

18. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the Parties will negotiate in good faith to (or the court may) modify this Agreement to affect the Parties’ original intent as closely as possible.

 

19. Client shall not assign, transfer, delegate, or subcontract any of its rights or obligations under this Agreement without the prior written consent of Coach. Any purported assignment, transfer, delegation, or subcontract without the Coach’s prior consent will be null and void.

 

20. SUCCESSOR AND ASSIGNS. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.

 

21. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by email or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

 

IN WITNESS WHEREOF, Coach and the undersigned Client have executed this Agreement on the Effective Date.

 

 

                            

CLIENT:                                                                                                                                         

                                    Signature                                                                     Date

 

                                                                       

                                    Name

 

 

 

 

 

 

 

EXHIBIT A

DETAILS REGARDING SERVICES

 

1. SCOPE OF PROGRAM.
   • The Forward Together Program shall be offered through Zoom, beginning at 11:00am Central Time on October 7, 2023, and ending at 1:00pm Central Time on October 7, 2023, or as otherwise provided by Coach, and as set forth in this Agreement (the “Service”).

 

• The Service will consist of the following:

 

• The Service includes admittance to the “Forward Together” program online seminar (the “Program”) as provided by Coach. The Program is meant to provide general information to people with goals of weight loss, weight maintenance, weight gain, or other relevant fitness goal and is based on counting macros, or macronutrients, which are carbohydrates, protein, and fat. The Program will include online instruction with general education on how to calculate macronutrient goals, along with other general educational material as Coach sees fit.

 

• Duration: The Parties acknowledge and agree that the Program will commence at 11:00am Central Time on October 7, 2023, and end at 1:00pm Central Time on October 7, 2023. Client shall only be permitted entrance to the Seminar after Coach receives payment of the Fee, as described in Sections 1.4 and 1.5 below.

 

• One-Time Access Fee: Any person who purchases the Service shall pay a total fee of $25.00 (the “Fee”) for the Service. The Fee shall be paid in full at the time of purchase. The Parties understand and agree that the Service contracted for and detailed in this Exhibit and in the underlying Agreement is to be included in the Fee detailed in this Section, and that Client will not be billed, charged, or otherwise required to pay any additional fees to attend the Program, unless otherwise agreed to in writing by the Parties or Client signs up for additional offerings, as applicable. Any person who signs up for the Forward Forever program will have access to the Service without having to pay the $25.00 fee.

 

• Client shall provide valid credit card information and shall pay the Fee as provided in this Agreement. Client understands and agrees that Coach may revoke access to the Service and Client shall have no right to access any part of the Service if any part of a payment is not received for any reason. In the event Coach does not receive timely payment, Client forfeits access to the Seminar and any other Services provided through the Program. Coach may, in Coach’s sole discretion, reinstate access to the Service in the event Client provides a valid credit card and Coach receives all due and owing payments.

 

• The Service listed in this Agreement is the exclusive item to be provided hereunder. The Service does not include any terms or services not specifically provided in this Agreement, or any third-party fees or costs. Any additional services or tasks must be agreed to in writing by the Parties.

 

2. COMMUNICATION GUIDELINES. Client may ask questions during the Program Zoom meeting pertaining to nutrition-related questions or other questions pertaining to the education presented. Client may email Coach with questions prior to the Program Zoom meeting at the following email [email protected], but all questions should be consolidated into one email. Coach shall not be responsible for responding to any additional emails. Notwithstanding the foregoing, Coach does not guarantee Coach will respond to Client’s questions and Coach does not guarantee any other communication between Client and Coach. Any and all communications are subject to the terms, disclaimers or warranties, and limitations of liability as set forth in this Agreement.

 

3. Client will pay the Fee, as provided for in Sections 1.4 and 1.5 of this Exhibit, through Kajabi. Coach must receive payment of the Fee as scheduled prior to Client obtaining or in order to retain access to the Service detailed in the Agreement.

 

4. ZOOM. Coach does not guarantee that Client will be able to access the Program. Client is solely responsible for ensuring Client has the appropriate technology to access the Program through Zoom. Coach does not control Zoom and does not accept responsibility for its functioning. Client acknowledges and agrees that Client is aware of these issues prior to Client’s decision to participate. The Program may have up to 300 participants, and Coach has no control over the actions of other participants in the Program. Participation on the Zoom platform is at Client’s own risk and Client is subject to Zoom’s privacy policy and terms of use, and by participating Client agrees to hold harmless and indemnify Coach from potential privacy infringements and other damage.

 

 

IN WITNESS WHEREOF, Coach and the undersigned Client have executed this Exhibit on the Effective Date.

 

 

CLIENT:                                                                                                                                         

                                    Signature                                                                     Date

 

                                                                       

                                    Name

 

 

 

 

 

 

SEMINAR PUBLICITY WAIVER AND RELEASE

 

Danielle McClellan, RD PLLC, a Texas Professional Limited Liability Company (the “Company”), desires to use and publicize the name, likeness, and other personal characteristics of the individual named below with a residence at the address set out below (“I” or “me”) for advertising, promotion, and other commercial and business purposes. In exchange for the intangible value I will gain by participating in Company’s Forward Together Seminar outlined in the Forward Together Agreement above, and other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I give Company my permission for such use and publicity for such purposes, according to the terms and conditions set forth in this Publicity Waiver and Release (“Publicity Agreement”).

 

I hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, and promotion agencies, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons”), the rights to record, display, exhibit, transmit, broadcast, reproduce, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use, my name, image, likeness, appearance, voice, signature, and other personal characteristics, as well as all materials created by or on behalf of Company that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures, and other print publications, electronic, magnetic, and optical media, motion pictures, television broadcast and satellite, radio broadcasts, display, point-of-sale, and other advertising and promotional materials, press releases, the internet and other digital transmission or delivery methods, and mobile applications, on any platform, including but not limited to social medias, and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of Company and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me.

 

Company shall be the exclusive owner of all rights, including copyright, in the Materials. I hereby irrevocably transfer, assign, and otherwise convey to Company my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Materials before they are used by Company, and that Company has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from Company’s editing, alteration, or use of the Materials, or Company’s presentation of me. Any credit or other acknowledgment of me, if any, shall be determined by Company in Company’s sole discretion. Company has no obligation to create or use the Materials or to exercise any rights given by this Publicity Agreement.

 

To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”), arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Publicity Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of Company or any other person, and I hereby covenant not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims. I understand that Company is relying on this Publicity Agreement and will incur significant expense in reliance on this Publicity Agreement, and I agree that this Publicity Agreement cannot be terminated, rescinded, or modified in whole or in part.

 

I represent and warrant to Company that I am at least 18 years of age, and I have full right, power, and authority to enter into this Publicity Agreement and grant the rights granted hereunder. I further represent and warrant to Company that I will provide only true and correct statements and other information in connection with this Publicity Agreement, and the Authorized Persons’ use of the Materials and the rights and license granted hereunder do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required in connection herewith. I agree to defend, indemnify, and hold harmless the Authorized Persons from and against all Claims by third parties resulting from my breach or alleged breach of this Publicity Agreement or any of the foregoing representations and warranties.

 

This Publicity Agreement, the abovementioned Forward Together Agreement, and the Forward Together Zoom Meeting Disclaimer constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. I have not relied on any statement, representation, warranty, or agreement of Company or of any other person on Company’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Publicity Agreement. If any term or provision of this Publicity Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Publicity Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Company may assign this Publicity Agreement and its rights hereunder, in whole or in part, to any party. This Publicity Agreement is binding on and inures to my benefit and the benefit of Company and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Publicity Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Publicity Agreement may be brought only in the federal and state courts located in Austin, Texas, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.

 

THIS PUBLICITY AGREEMENT PROVIDES COMPANY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING COMPANY TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS PUBLICITY AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COMPANY.

IN WITNESS WHEREOF, Company and the undersigned Individual have executed this Publicity Agreement on the date of the undersigned Individual’s signature.

 

 

                                                                                                                                                           

                                    Signature                                                                     Date

 

                                                                       

                                    Name

 

                                                                       

Address Line 1

 

                                                                       

                                    Address Line 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Forward Together Zoom Meeting Disclaimer

 

Disclaimer / Authorization on the Program meeting website

 

By joining the Forward Together Zoom meeting, you acknowledge and explicitly agree that:

 

1. Zoom Video Communications, Inc., (“Zoom”), a third-party service provider engaged by the Company, as defined in the Publicity Agreement above, is operating the Forward Together meeting (“Zoom Meeting”);

 

2. your personal data, such as the information you enter when accessing the Zoom Meeting (e.g. name, email address), the name and IP address of your device, and any other personal or client identifying data, including the Zoom Meeting itself, on screen, or in the text chat associated with the Zoom Meeting, recordings of the Zoom Meeting, files, any other information uploaded or shared while using Zoom (“Client Data”), may be disclosed to and processed by (1) Company, Company’s affiliates, employees, members, managers, officers, agents, partners, other third parties Company works with, and its service providers (including Zoom) for the performance of this Zoom Meeting, and (2) may also be shared with and viewed by (including on the meeting screen and text chat) any other person who may join the Zoom Meeting or as otherwise provided in the Forward Together Agreement and the Seminar Publicity Waiver and Release (the “Purposes”). You authorize Company to disclose Client Data to the above listed parties and their service providers globally for the Purposes. Accordingly, you release Company to this extent from any applicable duty of confidentiality.

 

3. Client Data will be collected by Zoom as outlined in the Zoom Privacy Statement (available on https://explore.zoom.us/en/privacy/), and such data will be stored in the United States;

 

4. if Client Data is transferred abroad, it may no longer be protected by your local laws (e.g., where relevant, client confidentiality and data protection laws may not provide for adequate protection) and may fall under foreign regulations that allow Client Data to be passed to local authorities or other third parties;

 

5. there are inherent risks in transmitting information and Client Data over the internet including the risk that such information may be intercepted, monitored, or otherwise interfered with by third parties. You acknowledge and accept these risks;

 

6. you will not record this Zoom Meeting or any part of it whether by video or sound recording, screen shot, screen grab or otherwise; and

 

7. this Zoom meeting may be recorded by Company for training and business purposes and/or to comply with legal or regulatory obligations.

 

 

For information on how Zoom processes your personal data, please refer to the Zoom privacy statement at https://explore.zoom.us/en/privacy/.