THIS IS A LEGAL AGREEMENT BETWEEN YOU (“REGISTRANT” or “YOU”) AND NEXT EDUCATION, LLC, DBA, ANIMATION MENTOR.COM (“ANIMATION MENTOR”). If you agree with the terms of the Agreement, click “I Agree” on the registration page. If you do not agree with the terms of the Agreement, you will not permitted to register for this event. By clicking on the “I Agree” button, you are agreeing to be legally bound by all of the terms and conditions of this Enrollment Agreement (the “Agreement”).
2. Registrant Generally Agrees as follows:
a. Registrant will pay the full tuition as indicated in Paragraph 4;
b. The Program Materials are the sole and exclusive property of Animation Mentor or its licensors, and Registrant will use the Program Materials or any portion thereof, for his or her own personal educational purposes;
c. Registrant shall not copy or cause to be copied or reproduced in any way, form, or manner, electronic or otherwise, any of the Program Materials or portion thereof;
d. Registrant shall not, directly or indirectly, distribute, make available, publicly display, publicly perform, create derivative works from the Program Materials or portion thereof in any form or manner, including online;
e. Registrant will not disrupt, disturb, or otherwise unduly interfere with the conduct of the Event, as determined by Animation Mentor;
f. Registrant is not permitted to record any of the Event in any audio, video or other formats. No photography, video taping, filming, audio recording, or the like is permitted.
a. Non-Transferrable and Non-Refundable Registration. Registration for the Event is not transferrable or assignable, nor may it be exchanged or returned, in full or in part, for a future Animation Mentor event, seminar or class. Fees must be paid in full at the time of registration and are not refundable, except as otherwise provided herein. No refunds or credits will be granted for non-attendance or partial attendance.
b. Cancellation or Refund. Animation Mentor reserves the right to cancel the Event without notice, in which case, Animation Mentor will reimburse Registrant in full. If the Event is sold out, Animation Mentor will notify the Registrant and reimburse Registrant in full.
4. Fees and Payment Policy.
a. The total cost of registration for the Event is as set forth below. To reserve a space in the Event, Registrant must make payment in full.
b. You agree to pay the following registration fees (“Fees”) for the Event:
Registration Fee: $499.00 (USD)
c. To have confirmed registration, Animation Mentor must receive payment in full by 11:59 PM Pacific Standard Time on October 29, 2012.
d. Payment must be made in U.S. dollars and is accepted according to Animation Mentors’s payment policies for educational seminars.
5. Change or Cancellation. The Event is subject to change or cancellation, for any reason. Animation Mentor reserves the right to change the published agenda for the Event, including changes to scheduled times and speakers, without notice.
6. Your Participation May be Recorded. By participating in the Event, you understand that portions of the Event may be recorded in video and audio and/or captured in still and/or digital photographs. You hereby grant Animation Mentor and its affiliates and assigns the right and permission to use in perpetuity your name, likeness, photographic images, voice, and/or testimonial(s), in any manner and in any media, throughout the world, at any time, for the purpose of advertising and publicizing Animation Mentor’s products and services. Animation Mentor owns all rights, title and interest, including intellectual property rights, in any audio, video, and/or photograph captured during the Event. Animation Mentor reserves the right to use any such photographs and video and/or audio recordings in any media, in perpetuity, without any compensation or prior review unless specifically prohibited by law, including without limitation on its website and social media pages.
7. Warranties and Representations.
a. Registrant warrants and represents that Registrant is not an agent or employee of any animation or film school or educational institution and is not enrolling in the Event for any other purpose than Registrant’s personal educational purposes.
b. You represent and warrant that you are at least of the age of majority in your state or country of residence and at least eighteen (18) year old and have the right and the ability to enter into this Agreement.
c. In the event that Registrant breaches any of Registrant’s promises and warranties as set forth in this Agreement, Registrant agrees that, in addition to and without limitation of any other right or remedy to which Animation Mentor is entitled, Animation Mentor may terminate Registrant’s further participation in the Event, and any future Animation Mentor class or program, and may revoke Registrant’s right to use the Program Materials.
8. Intellectual Property Rights. You acknowledge that: (i) by attending the Event you may receive and/or have access to certain software, characters, pictures, digital images, graphics, music, video, audio, text and other creative output (collectively, “Content”), and (ii) this Content is owned by Animation Mentor, its suppliers, employees, licensors, representatives, business associates, advertisers, directors, agents, consultants, mentors, lecturers, independent contractors and animation studios participating in the Event (collectively referred to as “Contributors”). You acknowledge that Animation Mentor, and other Contributors own all right, title and interest, including intellectual property rights, in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere attendance or registration for the Event. You accept full responsibility and liability for your use of any Content in violation of any such rights. You also acknowledge that Animation Mentor is not responsible for any misuse of Content by third parties.
9. Program Materials. . You also agree that all the materials displayed or distributed during the Event, or provided to you or which you may have access to in conjunction with the Event, including without limitation: class handouts, teaching materials, presentations, audio and video material or stills from audiovisual material, graphics, slides, drawings, pictures, characters, animations, text, and data, and all intellectual property rights therein (such as copyrights and trademarks) (collectively “the Program Materials”) are the sole and exclusive property of Animation Mentor or its Contributors. The Program Materials shall remain at all times the property of Animation Mentor and/or of the Contributors. You shall not copy, distribute, make available, display, publish, perform or create derivative works from (by electronic means or in any other way) the Program Materials or Content without prior written permission from an authorized agent of Animation Mentor. This includes forwarding or commercially exploiting the Program Materials or content. Neither this Agreement nor Animation Mentor’s disclosure or display of the Program Materials or Content shall be deemed, by implication or otherwise, to grant you any licensed interest or property right in, under or to any of the Program Materials or Content and any intellectual property rights therein.
10. Warranty Disclaimer. THE MATERIALS ARE PROVIDED “AS IS” AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. ANIMATION MENTOR MAKES, AND YOU DO NOT RECEIVE, ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY TYPE OF COMMUNICATION WITH YOU. Animation Mentor has made no statements, representations, promises or guarantee as to Registrant’s ability to find employment or work professionally in animation or film after attending the Event.
13. Standards of Conduct. You understand that Animation Mentor may terminate your enrollment at any time if you fail to abide by Animation Mentor’s standards of conduct.
14. Acknowledgment of Risk; Waiver and Release From Liability.
a. You acknowledge that any participation in the Event is solely at you own risk. You hereby consent to voluntarily participating in the Event offered by Animation Mentor. You certify that you have full knowledge of the nature and extent of the risks inherent in any educational event, including injury, illness or death, and that you are voluntarily assuming these risks. You understand that the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death.
b. You, on behalf of yourself and your assigns and heirs, devisees and estate (collectively “Successors”), hereby unconditionally and forever release, discharge and agree to hold harmless Animation Mentor, and its affiliates, assigns and subsidiaries, along with each of its officers, directors, employees, volunteers, agents and contractors (collectively, “Released Parties”), from any and all claims, judgments, costs, damages, losses, expenses and liabilities (whether arising under a theory of contract, warranty, tort, strict liability, product liability or any other theory), relating to any claim you may now or hereafter have with respect to any death, personal injury, property damages, pecuniary loss or other loss, damage cost or expense (collectively “Harm”) that may be suffered by you or any third party as a result of, or in connection with, the Event, or any portion thereof, even if such harm is caused solely by the recklessness, negligence, or fault of one or more Released Parties.
c. You specifically understand and agree that this Release will prevent you and your successor(s) from bringing a lawsuit, claim or other action against any Released Party and from recovering any money damages or other legal relief from any Released Party in connection with any of the claims released above.
15. Indemnification. You agree to, and shall, indemnify, defend, and hold harmless Animation Mentor and its parent company, affiliates, subsidiaries, divisions, officers, directors, employees, representatives, agents, contractors, assigns and successors-in-interest (collectively “Releasees”) from and against any claim, demand, damage, cost or other expense (including reasonable attorney fees) asserted by any third party due to, arising out of, or in any way related to, any violation by you of this Agreement.
16. General Terms.