TERMS AND CONDITIONS FOR CURATED COACHING FOR ENTREPRENEURS
By making an appointment for a Curated Coaching session (the “Program”), the individual making the appointment represents that such individual is accepting (and accepting on behalf of such individual’s organization (together with such individual, “Client”) these terms and conditions (this “Agreement”).
No Representations and Warranties; No Liability; Indemnification. Client acknowledges and understands that TAP and volunteer consultants and other personnel (“Consultants”) provide advice and consultation which Client may or may not choose to implement. Under no circumstances shall TAP or any Consultants be held responsible for any advice or consultation provided in connection with the Program or for any business decisions resulting therefrom. Client agrees that all advice and consultation is solely of a business nature and under no circumstances shall the advice and consultation be construed by Client as legal, tax or other professional advice. The Program and all advice and consultation provided in connection therewith are provided on an “as is” basis and no representation or warranty is made by TAP or any Consultant in connection therewith. It is understood and agreed that neither TAP nor any Consultant shall have any liability or financial obligation to Client in connection with the Program or this Agreement. Client shall not pursue any action, suit or proceeding against TAP or any of its officers, directors, trustees, employees and agents or any Consultants (together with TAP, the “Indemnified Parties”) arising from or relating, directly or indirectly, to the Program. Client hereby indemnifies the Indemnified Parties and holds the Indemnified Parties harmless from any and all liability, loss, damage or expense, including, without limitation, legal fees, which may be suffered or incurred as a result of claims, demands, actions, costs or judgments against TAP, any Consultant and/or any of the other Indemnified Parties arising out of advice or consultation provided pursuant to this Agreement.
Non-Disparagement. During Client’s participation in the Program and at all times thereafter, Client shall not disparage the reputation of TAP, any Consultants, any of TAP’s donors, sponsors or funders, any of their respective affiliates or subsidiaries, or any of the respective officers, directors, trustees, employees, consultants, clients, or agents of any of the foregoing.
Consent and Release; Marketing. For good and valuable consideration, Client hereby grants, on its own behalf and on behalf of its affiliates and Client’s and such affiliate’s employees, officers and directors, to TAP and its parents, subsidiaries, successors, licensees and assigns (collectively, the “Authorized Persons”) the perpetual, irrevocable, royalty-free right and permission to: (a) interview Client (which term shall include, for purposes of this paragraph, Client’s affiliates and Client’s and such affiliate’s employees, officers and directors), gather details relating to Client and Client’s involvement with TAP and/or any Consultant and, film, videotape, photograph, and record Client’s likeness, image, voice, name, story, logo(s) and performance (collectively, “Persona”) and incorporate any or all of the above into fundraising, advocacy, marketing and promotional materials regarding TAP and/or its mission, products and services and any other program or materials produced by the Authorized Persons or on their behalf (collectively, the “Works”); and (b) reproduce, copy, edit, add to, subtract from, modify (including using a fictitious name), use, reuse, display, perform, exhibit, distribute, transmit or broadcast the Persona throughout the universe, in any and all media now known or hereafter devised, in whole or in part, in and in connection with the Works. Client hereby acknowledges and agrees that (i) no money is payable to Client hereunder and that Client’s participation and the Authorized Person’s willingness to consider using the Persona in the Works are sufficient consideration to Client for the rights Client is granting hereunder, (ii) TAP is the sole and exclusive owner of all rights, title and interest in and to the Works, (iii) Client has no approval or consultation rights regarding the Works, (iv) TAP has no obligation to use the Persona or to exercise any right granted herein, and (v) Client has entered into the provisions in this paragraph freely, voluntarily and knowingly. Client hereby acknowledges that the provisions of this paragraph are irrevocable, and Client shall have no right to enjoin, restrain or in any way interfere with the production, promotion, distribution and/or exploitation of the Works. Client hereby unconditionally and forever releases, indemnifies and agrees to hold harmless the Authorized Persons and their respective employees, directors, officers, agents, licensees and assigns from any and all liability, claims or actions that arise from use of the Persona, or that Client or its heirs, executors, administrators or assigns may have or claim to have in connection with use of the Persona as described herein, and Client agrees not to sue or bring any proceeding against any of those parties for any claim or cause of action, whether presently known or unknown, including, without limitation, actions for defamation, invasion of client’s rights to privacy, publicity or personality, or any similar matter, or based upon or relating to the exercise of any of the rights referred to herein. Client understands that the Authorized Persons are relying on the terms of this paragraph in the production, promotion, distribution and exploitation of the Works, as well as in the marketing, advertising and exploitation of all other rights granted herein.
Accuracy of Client Information. Client represents and warrants that all information (including, without limitation, background and contact information and data and feedback and progress data) previously or hereafter provided by or on behalf of Client to TAP is true, complete and accurate. Client agrees to promptly update any such information which ceases to be true, complete and accurate.
By making an appointment for a Curated Coaching session (the “Program”), the individual making the appointment represents that such individual is accepting (and accepting on behalf of such individual’s organization (together with such individual, “Client”) these terms and conditions (this “Agreement”).
No Representations and Warranties; No Liability; Indemnification. Client acknowledges and understands that TAP and volunteer consultants and other personnel (“Consultants”) provide advice and consultation which Client may or may not choose to implement. Under no circumstances shall TAP or any Consultants be held responsible for any advice or consultation provided in connection with the Program or for any business decisions resulting therefrom. Client agrees that all advice and consultation is solely of a business nature and under no circumstances shall the advice and consultation be construed by Client as legal, tax or other professional advice. The Program and all advice and consultation provided in connection therewith are provided on an “as is” basis and no representation or warranty is made by TAP or any Consultant in connection therewith. It is understood and agreed that neither TAP nor any Consultant shall have any liability or financial obligation to Client in connection with the Program or this Agreement. Client shall not pursue any action, suit or proceeding against TAP or any of its officers, directors, trustees, employees and agents or any Consultants (together with TAP, the “Indemnified Parties”) arising from or relating, directly or indirectly, to the Program. Client hereby indemnifies the Indemnified Parties and holds the Indemnified Parties harmless from any and all liability, loss, damage or expense, including, without limitation, legal fees, which may be suffered or incurred as a result of claims, demands, actions, costs or judgments against TAP, any Consultant and/or any of the other Indemnified Parties arising out of advice or consultation provided pursuant to this Agreement.
Non-Disparagement. During Client’s participation in the Program and at all times thereafter, Client shall not disparage the reputation of TAP, any Consultants, any of TAP’s donors, sponsors or funders, any of their respective affiliates or subsidiaries, or any of the respective officers, directors, trustees, employees, consultants, clients, or agents of any of the foregoing.
Consent and Release; Marketing. For good and valuable consideration, Client hereby grants, on its own behalf and on behalf of its affiliates and Client’s and such affiliate’s employees, officers and directors, to TAP and its parents, subsidiaries, successors, licensees and assigns (collectively, the “Authorized Persons”) the perpetual, irrevocable, royalty-free right and permission to: (a) interview Client (which term shall include, for purposes of this paragraph, Client’s affiliates and Client’s and such affiliate’s employees, officers and directors), gather details relating to Client and Client’s involvement with TAP and/or any Consultant and, film, videotape, photograph, and record Client’s likeness, image, voice, name, story, logo(s) and performance (collectively, “Persona”) and incorporate any or all of the above into fundraising, advocacy, marketing and promotional materials regarding TAP and/or its mission, products and services and any other program or materials produced by the Authorized Persons or on their behalf (collectively, the “Works”); and (b) reproduce, copy, edit, add to, subtract from, modify (including using a fictitious name), use, reuse, display, perform, exhibit, distribute, transmit or broadcast the Persona throughout the universe, in any and all media now known or hereafter devised, in whole or in part, in and in connection with the Works. Client hereby acknowledges and agrees that (i) no money is payable to Client hereunder and that Client’s participation and the Authorized Person’s willingness to consider using the Persona in the Works are sufficient consideration to Client for the rights Client is granting hereunder, (ii) TAP is the sole and exclusive owner of all rights, title and interest in and to the Works, (iii) Client has no approval or consultation rights regarding the Works, (iv) TAP has no obligation to use the Persona or to exercise any right granted herein, and (v) Client has entered into the provisions in this paragraph freely, voluntarily and knowingly. Client hereby acknowledges that the provisions of this paragraph are irrevocable, and Client shall have no right to enjoin, restrain or in any way interfere with the production, promotion, distribution and/or exploitation of the Works. Client hereby unconditionally and forever releases, indemnifies and agrees to hold harmless the Authorized Persons and their respective employees, directors, officers, agents, licensees and assigns from any and all liability, claims or actions that arise from use of the Persona, or that Client or its heirs, executors, administrators or assigns may have or claim to have in connection with use of the Persona as described herein, and Client agrees not to sue or bring any proceeding against any of those parties for any claim or cause of action, whether presently known or unknown, including, without limitation, actions for defamation, invasion of client’s rights to privacy, publicity or personality, or any similar matter, or based upon or relating to the exercise of any of the rights referred to herein. Client understands that the Authorized Persons are relying on the terms of this paragraph in the production, promotion, distribution and exploitation of the Works, as well as in the marketing, advertising and exploitation of all other rights granted herein.
Accuracy of Client Information. Client represents and warrants that all information (including, without limitation, background and contact information and data and feedback and progress data) previously or hereafter provided by or on behalf of Client to TAP is true, complete and accurate. Client agrees to promptly update any such information which ceases to be true, complete and accurate.
