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INSTALLMENT AGREEMENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY 

("AGREEMENT")

IN CONSIDERATION of being permitted to participate in Prosper X Live from November 11th-13th , 2019 (Scottsdale, AZ) presented by Daily Love Media, Inc. (“DLM"), I, for myself and for my personal representatives, assigns, heirs, devisees, beneficiaries, trusts, assignees or other successors-in-interest:


1. ACKNOWLEDGE AND UNDERSTAND that the Seminar is not medical treatment or therapy and is not intended to provide and does not constitute medical, mental health, legal, or other professional advice, diagnosis and/or treatment. The content presented at the Seminar is designed to support, not replace, medical, psychological and/or psychiatric advice and treatment. I acknowledge and understand that Daily Love Media, Inc. and its employees and representatives are not licensed therapists, psychiatrists, psychotherapists, doctors, or other medical, psychological and/or psychiatric professionals and agree to seek proper medical and/or therapeutic treatment as needed. Further, I understand that since Daily Love Media, Inc is not providing medical, mental health or any kind of healthcare services that my relationship with Daily Love Media, Inc is not protected under HIPAA (Health Insurance Portability and Accountability Act of 1996). I explicitly include any and all costs incurred by me for seeking such proper medical and/or therapeutic treatment with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.


2. ACKNOWLEDGE AND UNDERSTAND that attending the Seminar may be an extremely difficult experience, both physically and emotionally. Attending the Seminar will expose me to extreme, atypical, and/or unnatural circumstances and may lead to extreme physical, psychological, and emotional strains, pressures, and/or distress, both during and after the Seminar, which may cause me, without limitation, anxiety, discomfort, embarrassment, anger, and/or shock. I acknowledge and understand that I am fully responsible for managing myself, my actions and my emotions in connection with the Seminar and am solely responsible for all actions I take and things I say during the Seminar. I am to refrain from any alcohol or drug use during my VIP Trauma Hacking coaching days and sessions.


3. ACKNOWLEDGE AND UNDERSTAND that I shall refrain from causing any and all forms of emotional or physical harm and/or violence, or threatening such harm and/or violence, to any other person or entity including, without limitation, any other participant, in connection with the Seminar. If I do so, I acknowledge, understand, and agree that Daily Love Media, Inc. needs to balance and preserve fairness while ensuring ultimate safety of the participants and shall have the right to exercise its sole discretion in evaluating such conduct and determining the nature of any required intervention including, but not limited to, asking me to leave the seminar without a refund. I explicitly include the consequences that I may suffer as a result of engaging in any of the conduct and of Daily Love Media, Inc.’s intervention with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.


4. ACKNOWLEDGE AND UNDERSTAND that, in connection with the Seminar, I may reveal and/or relate, and/or other parties (including, without limitation, other Program participants and/or parties affiliated with Daily Love Media, Inc.) may reveal and/or relate, information about me of a personal, surprising, defamatory, disparaging, embarrassing or otherwise unfavorable nature of the type that may typically expose me to public ridicule, humiliation or condemnation, and may be considered a serious invasion of my privacy. I explicitly include any injuries or harm that I may suffer as a result of engaging in any of the above described conduct with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.


5. ACKNOWLEDGE AND UNDERSTAND that no party has made any representations or warranties to me about other participants in the Seminar or any other person whom I may encounter in connection with the Seminar, including by not limited to, the mental or physical health of any such person. If I choose to engage in consensual sexual behavior or intimate contact with any such person I do so voluntarily and knowingly and I assume any and all risks that by engaging in such activity I may contract certain sexually transmitted disease and/or infections, and/or (if I am a woman) of becoming pregnant. No representations or warranties have been made to me that any such person is free from sexually transmitted diseases or infections. I am cognizant of the risks and I shall behave in a manner consistent with good judgment and causation as I would in my daily life. I further acknowledge and understand that if I choose to enter into an intimate relationship of a romantic and/or sexual nature with any such person, I do so without any duress and assume any and all risks that may be associated with any such relationship, including but not limited to emotional, physical, or financial harms. I explicitly include any injuries or harm that I may suffer as a result of engaging in any of the above described conduct with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.


6. ACKNOWLEDGE AND UNDERSTAND, agree, and represent that I understand the nature of the activities to be undertaken at the Seminar and that I am qualified, in good health, and in proper physical and mental condition to participate in such activities. I further agree and covenant that if at any time I believe that my participation in an activity at the Seminar would put me or other participants at risk of harm, I will decline to participate in such activity, or if such activity has commenced, immediately discontinue further participation in such activity. If I participate in an activity, I do so voluntarily and knowingly and I expressly assume any and all risks of property damage, personal injury, and/or death to me or other participants arising from my participation in such activity.


7. The information contained in this program (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax, accounting, or related advice. Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.


8. THE INFORMATION PROVIDED IN THIS PRODUCT IS SOLD AND PROVIDED ON AN “AS IS” BASIS. DAILY LOVE MEDIA, INC DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN. THOSE RESULTS ARE YOUR RESPONSIBILITY AS THE END USER OF THE PRODUCT.


9. ACKNOWLEDGE AND AGREE THAT you have an existing business based on personal expertise and have purchased this program to add to or augment your existing business activities.


10. Hereby consent to receive medical treatment which may be deemed advisable in the event of any physical and/or emotional injury, accident and/or illness I may suffer during the Seminar. I acknowledge and understand that no party has made any representations or warranties about the treatment that I may receive and I explicitly include any injuries or harm that I may suffer as a result of the treatment, including but not limited to as a result of inadequate and/or negligent medical treatment, with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.


11. ACKNOWLEDGE AND UNDERSTAND and agree that at the Seminar, video images, movies, photographs and audio recordings may be made by Daily Love Media, Inc. and its representatives and employees and by other event holders, sponsors and advertisers of the Seminar. I hereby authorize my photo, video, voice or film likeness (with or without my name) to be used, without any compensation payable to me, for any commercial or non- commercial purpose (including without limitation for publicity, illustration or advertising) in any and all media by Daily Love Media, Inc. or the RELEASES (defined below).


12. ACKNOWLEDGE AND UNDERSTAND that all video, audio and written materials purchased by or provided to me in connection with the Seminar are protected by copyright laws and I agree not to use, disclose, copy or distribute any such materials to any third parties without the prior written consent of Daily Love Media, Inc.


13. Agree to NOT disclose, authorize disclosure, publish, post, circulate or otherwise disseminate any information learned, disclosed to or obtained by me, of any kind, relating directly or indirectly to Seminar, Daily Love Media, Inc., participants, and/or my participation hereunder, as well as any person or entity connected thereto (“Confidential Information”). This means that I shall NOT make statements regarding Confidential Information to any individual or entity, including without limitation, any members of the press or media service, including but not limited to, television, magazine, newspaper, radio and Internet sites, such non-disclosure being of the essence of this Agreement. I also acknowledge that any disclosure of Confidential Information will constitute a material breach of this Agreement and will cause Daily Love Media, Inc. irreparable injury entitling it to seek any and all remedies at law and equity, including but not limited to, injunctive relief, without posting any bond, punitive damages, and attorneys’ fees and costs.


14. ACKNOWLEDGE AND UNDERSTAND that my participation in the Seminar is voluntary. I acknowledge and understand the scope, nature, and extent of the risks involved and expressly, voluntarily, and irrevocably assume any and all risks of loss and/or damage to property, illness, injury, and/or death arising from my travel to and attendance and participation in the Seminar, whether or not contemplated in this Agreement and regardless of how it was caused.


15. ACKNOWLEDGE AND AGREE that any payment plan granted to you to pay over time by DLM is an Installment Agreement that will remain in effect until your balance is paid in full (including any fees or interest).


16. ACKNOWLEDGE AND AGREE that if you default on your Installment Agreement, you must pay a $1000 reinstatement fee to reinstate your good standing in the Seminar. You agree that DLM has the authority to deduct this fee from any credit card or bank account on file.


17. ACKNOWLEDGE AND AGREE that if you default on your Installment Agreement or violate any of the terms of this agreement or the terms of Participation and DLM removes access to the Seminar and related materials, portals, events or trainings, that you still owe, in full, the outstanding amount for the Seminar and that DLM is not required to reinstate your account in good standing until you have ceased any violations or defaults. If you choose not to cease any violations or do not return your account from default, you are still required to pay your remaining balance in full (with any and all fees and interest).

18. ACKNOWLEDGE AND AGREE that you will not block DLM’s Merchant Processor from charging your credit card for payments due. You also agree and acknowledge that you will not block DLM from any ACH or bank account access to process approved payments.


19. ACKNOWLEDGE AND AGREE that you will promptly notify DLM of any change to your credit card or banking information at least five (5) business days prior to your payment due date.


20. ACKNOWLEDGE AND AGREE that blocking DLM from charging your credit card or from drawing ACH/bank payments is a default of your agreement. At which time your outstanding balance is due in full.

21. ACKNOWLEDGE AND AGREE that charging back payments for the Seminar or the Installment Agreement payments with your credit card company or bank is considered a default of your agreement.

22. AGREE AND ACKNOWLEDGE that if DLM cannot, for any reason, charge the full amount of your Installment Agreement payment, that DLM may, in its sole discretion, charge multiple lower amounts to your credit card, bank account or any other form of payment DLM has on file until the Installment Agreement amount is paid in full.

23. AGREE AND ACKNOWLEDGE that Installment Agreement payments over 5 days late is a default of your agreement.


24. ACKNOWLEDGE AND UNDERSTAND that DLM may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement.


25. ACKNOWLEDGE AND UNDERSTAND that DLM may choose to delay enforcing or not exercise rights under this Agreement. If DLM does this, DLM does not waive DLM’s rights to exercise or enforce them on any other occasion.


26. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEREBY
UNCONDITIONALLY AND IRREVOCABLY FOREVER RELEASE, DISCHARGE, AND COVENANT NOT TO SUE DAILY LOVE MEDIA, INC., ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, HOSTS (INCLUDING THE OWNERS AND LESSORS OF THE PREMISES ON WHICH THE RETREAT TAKES PLACE), SPONSORS, PROMOTERS, ADVERTISERS, ALL PARTICIPANTS IN THE SEMINAR, AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES AND AGENTS OF ANY KIND, AND THE RESPECTIVE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING (EACH A "RELEASEE" AND COLLECTIVELY, THE "RELEASES"), FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, ATTORNEYS’ FEES, COSTS AND EXPENSES OF ANY KIND, ARISING OUT OF, RESULTING FROM, OR BY REASON OF, ANY TORT, CONTRACT, AND/OR STATUTORY CAUSE OF ACTION OF ANY KIND WHATSOEVER WHICH I NOW HAVE OR LATER MAY HAVE (WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN) AGAINST THE RELEASES IN ANY WAY RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH MY PREPARATION FOR, TRAVEL TO, ATTENDANCE IN AND/OR PARTICIPATION IN THE SEMINAR, OCCURRING BEFORE, DURING, OR AFTER MY ACTUAL PARTICIPATION IN THE SEMINAR, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ANY INJURY, ILLNESS, DAMAGE, LOSS, OR HARM TO ME OR MY PROPERTY, OR MY DEATH. THE RELEASED CLAIMS SHALL INCLUDE, WITHOUT LIMITATION, THOSE BASED ON NEGLIGENCE OR GROSS NEGLIGENCE, WRONGFUL DEATH, PERSONAL INJURY, INFLICTION OF EMOTIONAL DISTRESS (BOTH NEGLIGENT AND INTENTIONAL), PRODUCTS LIABILITY, BREACH OF CONTRACT, FRAUD, FRAUDULENT INDUCEMENT, FRAUDULENT CONCEALMENT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWED UNDER APPLICABLE LAWS, LIBEL, SLANDER, DEFAMATION, STATUTORY AND COMMON LAW INVASION OF PRIVACY, INTRUSION UPON SECLUSION OR SOLITUDE OR INTO PRIVATE AFFAIRS, PUBLIC DISCLOSURE OF PRIVATE FACTS, FALSE LIGHT, VIOLATION OF THE RIGHT OF PUBLICITY OR PERSONALITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, AND/OR LOSS OF EARNINGS OR POTENTIAL EARNINGS, WHETHER CAUSED BY ANY OF THE RELEASEES OR ANY OF THE OTHER PARTICIPANTS IN THE SEMINAR OR OTHER THIRD PARTIES. THE RELEASE EXTENDS TO ANY AND ALL CLAIMS I HAVE OR LATER MAY HAVE AGAINST THE RELEASES INCLUDING, BUT NOT LIMITED TO, CLAIMS RESULTING FROM OR ARISING OUT OF (I) THE RELEASEES’ ACTS OR OMISSIONS IN CONNECTION WITH THE SEMINAR (WHETHER BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE SEMINAR); (II) THE CONDITIONS, QUALIFICATIONS, INSTRUCTIONS, RULES OR PROCEDURES UNDER WHICH THE SEMINAR IS CONDUCTED; (III) ANY MEDICAL TREATMENT RECEIVED; AND/OR (IV) ANY OTHER CAUSE. THIS AGREEMENT SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

27. HEREBY AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) OF ANY NATURE WHATSOEVER, BY WHOMEVER ASSERTED, WHICH THEY MAY INCUR OR SUFFER ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO (A) ANY BREACH OR ALLEGED BREACH OF ANY AGREEMENT, COVENANT, REPRESENTATION, WARRANTY MADE BY ME IN THIS AGREEMENT OR (B) MY TRAVEL IN CONNECTION WITH, AND PREPARATION FOR, ATTENDANCE AND PARTICIPATION IN THE SEMINAR OR THE ACTIVITIES ASSOCIATED WITH THE SEMINAR, WHETHER OCCURRING BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE SEMINAR, INCLUDING, WITHOUT LIMITATION, ANY INJURY, ILLNESS, DAMAGE, LOSS, HARM OR DEATH I OR ANY THIRD PARTIES MAY SUFFER THEREFROM AND ANY STATEMENT, ACTION OR OMISSION OF MINE DURING OR IN CONNECTION WITH THE SEMINAR OR RESULTING DIRECTLY OR INDIRECTLY FROM THE SEMINAR (WHETHER BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE SEMINAR).


28. ACKNOWLEDGE AND UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASEES WILL NOT BE LIABLE TO ME OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, I ACKNOWLEDGE AND UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE RELEASEES’ TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SEMINAR, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED MY COST OF ADMISSION TO THE SEMINAR. I ACKNOWLEDGE AND UNDERSTAND THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND MY PARTICIPATION IN THE SEMINAR. IN THE EVENT THAT ANY LITIGATION OR ARBITRATION IS BROUGHT BY ME OR THE RELEASEES, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY ALL THE REASONABLE COSTS, ATTORNEYS’ FEES AND OTHER EXPENSES INCURRED BY SUCH PREVAILING PARTY IN THE LITIGATION OR ARBITRATION.

29. ACKNOWLEDGE AND UNDERSTAND THAT THERE IS A POSSIBILITY THAT SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, I WILL DISCOVER FACTS OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN OR UNSUSPECTED AT THE TIME THIS AGREEMENT WAS EXECUTED, AND WHICH IF KNOWN BY ME AT THAT TIME MAY HAVE MATERIALLY AFFECTED MY DECISION TO EXECUTE THIS AGREEMENT. I ACKNOWLEDGE AND AGREE THAT BY REASON OF THIS AGREEMENT, AND THE RELEASE CONTAINED IN THE PRECEDING PARAGRAPHS, I AM ASSUMING ANY RISK OF THE EXISTENCE OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS. I HAVE BEEN ADVISED OF THE EXISTENCE OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE THVIE OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. NOTWITHSTANDING SUCH PROVISIONS, THIS RELEASE SHALL CONSTITUTE A FULL RELEASE IN ACCORDANCE WITH ITS TERMS. I KNOWINGLY AND VOLUNTARILY WAIVE THE PROVISIONS OF SECTION 1542, AS WELL AS ANY OTHER STATUTE, LAW, OR RULE OF SIMILAR EFFECT OF ANY JURISDICTION THROUGHOUT THE WORLD, AND ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS RELEASE. IT IS INTENDED, UNDERSTOOD AND AGREED THAT THE RELEASE SET FORTH HEREIN CONSTITUTES RELEASE BY MYSELF OF ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, REGARDING OR RELATING TO THE SERIES. I HEREBY REPRESENT THAT I HAVE BEEN ADVISED BY MY LEGAL COUNSEL (OR, IN the ALTERNATIVE, HAVE HAD OPPORTUNITY TO BE ADVISED BY MY LEGAL COUNSEL, AND HAVE CHOSEN NOT TO CONSULT SUCH COUNSEL), UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND CONSEQUENCE OF THIS RELEASE AND OF THIS WAIVER OF SECTION 1542 AND OTHER SUCH LAWS.


30. ACKNOWLEDGE AND UNDERSTAND THAT IF I INSTITUTE OR ANYONE ON MY BEHALF INSTITUTES, ANY SUIT OR ACTION AT LAW OR ANY CLAIM FOR DAMAGES OR CAUSE OF ACTION AGAINST ANY OF THE RELEASES BECAUSE OF INJURY TO MY PERSON OR PROPERTY, OR MY DEATH, DUE TO THE ACTIVITIES COVERED BY THIS AGREEMENT, THIS AGREEMENT CAN AND WILL BE USED IN COURT AS CONCLUSIVE EVIDENCE OF MY FULL INFORMED “COVENANT NOT TO SUE” RELEASES, AND IT IS MY FULL INTENT AND DESIRE THAT THIS WAIVER BE GIVEN FULL FORCE AND EFFECT TO PREVENT ANY LITIGATION BROUGHT BY MY ESTATE, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS WHO MAY ATTEMPT TO BRING SUIT AGAINST THE RELEASES. I HAVE FREELY RELINQUISHED MY RIGHT TO SUE AND THUS MY SUCCESSORS, HEIRS AND ASSIGNS SHALL BE EQUALLY BOUND IN LAW AND EQUITY BY THIS COVENANT NOT TO SUE. IT IS MY UNDERSTANDING AND INTENT THAT THIS AGREEMENT WILL BE BINDING NOT ONLY ON MYSELF, BUT WILL ALSO BE BINDING ON ALL OTHER PERSONS OR ENTITIES INCLUDING MY ESTATE, EXECUTORS, HEIRS, PERSONAL REPRESENTATIVES, ADMINISTRATORS OR OTHER SUCCESSORS AND ASSIGNS WHO MAY INITIATE ANY SUIT, ACTION, CLAIM OR OTHER PROCEEDING ARISING OUT OF MY PARTICIPATION IN ANY AND ALL ACTIVITIES, HOWEVER SUCH INJURIES, DAMAGES OR LOSSES ARE CAUSED.

31. ACKNOWLEDGE AND UNDERSTAND that any dispute, controversy, or claim (collectively, “Claims”) arising out of or related to this Agreement, or the creation, validity, interpretation, breach, or termination of this Agreement will be resolved under California law. All parties agree that all Claims shall be finally and exclusively resolved by binding arbitration, under the Expedited Arbitration rules of the American Arbitration Association. Such arbitration will be held in the City of Los Angeles, California, and may be initiated by any party by sending a written notice request arbitration to the other parties. The parties agree not to contest personal jurisdiction or venue in connection with any such proceeding. Disputes may only be resolved on an individual basis, and I may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.


32. ACKNOWLEDGE AND UNDERSTAND that this document constitutes the entire agreement and understanding between the parties concerning the subject matter hereof, and supersedes all prior or contemporaneous communications, whether electronic, oral, or written between the parties, and cannot be changed or terminated except by a written instrument signed by the parties hereto.


I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT If ANY PROVISION OF THIS AGREEMENT SHALL BE DETERMINED TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THIS AGREEMENT SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT AND ENFORCEABLE.

DAILY LOVE MEDIA, INC

TERMS OF PARTICIPATION


Daily Love Media, Inc (DLM) programs are intense, interactive and, in our opinion, like no other programs which our students have ever experienced.

We are committed to providing all participants with a positive experience. Thus, to fully experience and gain the most benefit from our programs, you agree:

DLM may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, virtual, artificial intelligence, applications, social media-based or digital without refund or forgiveness of remaining payments if:

●   you become disruptive or difficult to work with;

●   you fail to follow the program guidelines; or,

●   you impair the participation of our instructors or participants in our program(s).

Privacy & Confidentiality:

We respect your privacy and must insist that you respect the privacy of fellow Program participants.

We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company.

Thus, you agree:

●   not to infringe any Program- participants or the Company's copyright, patent, trademark, trade secret or other intellectual property rights;

●   that any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;

●   not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;

●   that all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;

●   the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;

●   that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.

You further agree to execute the Installment Agreement, Release And Waiver Of Liability, Assumption Of Risk, and Indemnity, annexed hereto.

Content:

●   Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, medical, therapy or counseling tailored to any individual.

●   All materials, procedures, policies, and standards, all manuals, all teaching aids, and the like that have been or will be made available by DLM Mastin Kipp or their designated facilitators, coaches, team, contractors, vendors, affiliates or any other source, oral or written, are for personal use in or in conjunction with this training program only.

●   Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of DLM.

●   The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.

●   We assume no responsibility for errors or omissions that may appear in any program materials.

Right to Use Name & Likeness:

●   You hereby authorize and grant to DLM, and its agents and assigns, an irrevocable license and permission to use your name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, print media and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. Your consent extends to such use without restriction or limitation as to time or geographic boundary.

●   You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by DLM for any product and/or service in connection with such use and publication. You also waive any right to inspect, review or approve any photograph, recording, or other written material at any time, and waive the right to approve the use and medium of publication determined by DLM.

●   You understand that DLM owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.

Promise To Pay:

●  You promise to keep your payments current and on time.

●   You promise to keep your payments current and on time, whether or not you choose to participate.

●   You promise to notify DLM immediately if you change your credit card, ACH and/or billing address, email address or contact details.

●  You promise to stay current on payments for all other products, programs, retreats, etc that you are enrolled in with DLM.

Terms of Sale:

● You hereby ratify your understanding that all program sales at the Seminar are non-refundable and waive any rights to chargeback your purchase with your credit card processor and that any chargeback is considered a default of this Agreement.

● You agree that DLM is not responsible for accommodations, meals, travel or other travel related expenses associated with events, retreats, Seminars, etc and that these charges are your sole responsibility.

● You agree to pay the Amount Due no later than the Payment Due Date shown on your statement to avoid a late payment fee. You agree that Installment Agreement payments over 5 days late represent a default of this agreement.

● You agree that being under the influence of drugs or alcohol during sessions is a violation of our terms and is considered a default of this agreement. Prescription medication prescribed by a doctor is not considered default.

● You acknowledge that DLM has a no-quit policy and that your payments are due in full for the program, whether or not you choose to participate.

● You acknowledge that you are free to not participate in the program, however, you agree not to cancel your payments, chargeback, dispute or go delinquent in your payments, dues or membership fees that are due to DLM.

● You agree to pay all reasonable costs, including attorneys' fees, that DLM incurs to collect amounts you owe.

● You agree that DLM, at its sole discretion, may charge any credit card, ACH or other payment methods on file in the event that your account turns delinquent.

● You agree that a 10% late fee per month will be added to any past due amounts greater than 30 days.

● You agree that DLM can, at its sole discretion, suspend access to the program and it’s channels, both physical and digital, at the time of your account going delinquent and that even though your account is suspended, your membership fees and dues are due upon request and that you will take swift action to bring your account out of delinquent status. If DLM takes any of these actions to suspend your account, you must still pay DLM for all charges, fees and membership dues due under the terms of this Agreement.

● You agree that all payments, details, coordination of travel and/or accommodations to/from and at events are your responsibility and disruptions of travel, delays, and/or cancellations for any reason are not a grounds for a refund. You agree to procure travel insurance or waive your right to do so.

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