I hereby grant you, Tenaglia Marketing, LLC, and Tom Tenaglia, ALL RIGHTS with this my irrevocable explicit approval to use my likeness, voice, etc. as captured or edited, recorded and rendered in various audio, visual, and written medium, to be used in commercial, instructional, and promotional activities as Tenaglia Marketing, LLC and Tom Tenaglia sees fit.
Tenaglia Marketing, LLC and Tom Tenaglia shall own 100% rights, title, and interest in resulting product and shall have the right to sell rights and transfer rights of the resulting product at their discretion.
I hereby state that any facts, figures, testimonials, stories, etc. I give are my own and are truthful, and are given freely without any offer of payment from Tenaglia Marketing, LLC, and Tom Tenaglia.
As an inducement to the Principals to accept Participant’s participation in this event, which is offered by Tenaglia Marketing, LLC, Participant expressly acknowledges and agrees that nothing in this document or any other written or oral communications relating to the Project, or any materials promulgated or distributed with respect thereto constitute a representation or guarantee.
The Project is performed by Company as an educational event for Customer, and no representation or warranty of any kind regarding specific or general benefits, monetary or otherwise, was or has been made by the Program and/or its principals, agents, and employees, including, without limitation, Tenaglia Marketing, LLC, and Tom Tenaglia, and any of the other vendors who participant in realizing the project. Participant acknowledges that neither the Program nor the Principals, in whole or in part, are responsible for Participant’s business success or failure, for Participant’s acts or omissions, or the appropriateness or Participants’ business decisions heretofore or hereafter.
Under every circumstance as Participant has not remitted any payment for the event, Participant has no representation, no guarantee, and no recourse. In the event that Participant remitted payment for participation in the event, Participant’s only representation, guarantee, and recourse is a refund of the purchase price in accordance with the purchase terms.
ANY SERVICES PRODUCTS, LICENSES, AND/OR SERVICES PROVIDED BY THE PROGRAM ARE PROVIDED ON AN “AS IS BASIS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY SPECIFICALLY DISCLAIMED.
If Participant does not agree with the terms and conditions of this Standard Publicity Release and Disclaimer and Standard Terms, Participant does not have to participate in this offer.
Participant hereby releases the Program and the Principals from, and agrees and covenants that participant will not contact any governmental agency nor sue the Principals on account of any and all claims or causes of action in connection with the Program, and, in no event shall any Course, the Program or the Principals be liable for any punitive damages, incidental or consequential damages whatsoever. Participant acknowledges that the limitations of its remedies provided for herein do not fail of their essential purpose and that it is not unconscionable for the Course, the Program and its Principals to seek and obtain such limitations of its and their financial exposure to the Participant.
Participant hereby agrees to and does indemnify any Course, the Program and its Principals and holds them, and each of them, harmless from and will defend them against any and all claims, judgments, liabilities, expenses, and damages (including attorney’s fees and costs) arising out of or in connection with any breach by Participant of its obligations, agreements or covenants hereunder, and any acts or omissions by Participant, its agents, representatives and employees whatsoever.
Any and all claims and actions arising out of the Program, this document, or otherwise, shall be exclusively arbitrated in Chester County, Commonwealth of Pennsylvania, in accordance with the then prevailing Rules & Regulations of the American Arbitration Association, which proceedings shall be final and binding, and strictly confidential. Neither the existence of such proceedings or the results thereof shall be disclosed to any third party unless expressly required by law.
PARTICIPANT REPRESENTS AND WARRANTS THAT PARTICIPANT IS FULLY COMPETENT TO CONTRACT IN HIS/HER OWN NAME, HAS CAREFULLY READ THIS STANDARD PUBLICITY RELEASE AND DISCLAIMER AND STANDARD TERMS, FULLY UNDERSTANDS ITS CONTENTS, AND HAS HAD AMPLE OPPORTUNITY TO CONSULT WITH PARTICIPANT’S OWN INDEPENDENT ATTORNEY OR OTHER ADVISOR BEFORE EXECUTING SAME.
PARTICIPANT REPRESENTS AND WARRANTS THAT PARTICIPANT IS FULLY AWARE AND ACKNOWLEDGES THAT THIS EVENT IS ASPIRATIONAL IN NATURE AND THAT NEITHER TENAGLIA MARKETING, LLC, TOM TENAGLIA, NOR ANY EMPLOYEES, ASSOCIATES, OR ASSIGNS HAVE MADE ANY INCOME CLAIMS OR PROMISES WHATSOEVER – NO INCOME IS PROMISED NOR IMPLIED, AND THIS EVENT IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY.