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PHOTO RELEASE/RETREAT TERMS AND CONDITIONS ADDENDUM
WORDSWORK WINTER WONDER RETREAT
WITH CHRISTINE D'ERCOLE
C LAZY U RANCH, GRANBY CO
JAN. 30TH - FEB. 4TH, 2024
We are so glad you will be able to join us for Christine's upcoming Wordswork | Winter Wonder Retreat in Granby, Colorado Jan. 30th-Feb 4th 2024! We will have a professional photographer taking photographs and filming video during portions of the retreat. The purpose is to archive the retreat, and to promote future retreats.  We also have one minor addendum to the Retreat Terms and Conditions below as well.
Please read, agree to and submit the release prior to arrival Jan. 30th. We thank you in advance!
Please check below after readin and understanding the full
***PLEASE READ THE FULL PHOTO RELEASE AND RETREAT TERMS AND CONDITIONS ADDENDUM, AGREE  BELOW AND THEN CLICK "SUBMIT" AT THE BOTTOM TO SUBMIT YOUR RELEASE

 TERMS AND CONDITIONS

PHOTO RELEASE AND TERMS AND CONDITIONS ADDENDUM

 

Please read this document carefully and in full. By submitting below, you agree to be legally bound by this agreement and release of liability. This is a binding legal contract between you (“Participant”) and Windward Tailor, LLC (“Windward” or “Organizer”), the retreat organizer. This contract concerns the Windward’s Wordsworks Retreat  Retreat January 30 – February 4, 2023 (“Retreat”). 

SHOT/VIDEO DESCRIPTION: Wordswork Retreat with Christine D'ercole at C Lazy U Ranch, Granby CO Jan 30th-Feb 4th 2024

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby grant to Windward Tailor, LLC and its subsidiaries and affiliates and/or its agents, licensees, contractors, successors, legal representatives, assigns and those acting for or on its behalf and/or those authorized by any of the foregoing, including, without limitation, including present or future (“Owners”), any third party marketing and/or public relations agencies engaged by Windward and their contractors (Windward and all of the foregoing parties are hereinafter referred to collectively as the “Companies”), the perpetual, irrevocable right and permission to use my name, pseudonym (if any), portrait, image, appearance, silhouette and/or likeness (as it appears in photographs, videos, drawings, or otherwise), voice and/or any other personally identifiable, in whole or in part, in any form and/or any statements made by me in any form, either alone or accompanied by other material (all of the foregoing elements are referred to collectively as my “Identity”) for advertising, promotion, publicity, trade or any other purpose, throughout the world, in any medium now known, including, without limitation, printed media, digital and electronic media, audiovisual recordings, still photographs and the Internet (including, without limitation, any use related to the “Facebook” website (www.facebook.com), the “Twitter” website (www.twitter.com), the “Instagram” website (www.instagram.com), the “YouTube” website (www.youtube.com), the “Pinterest” website (www.pinterest.com), the “Flickr” website (www.flickr.com), the “Tumblr” website (www.tumblr.com) or any other social media websites) or hereafter developed.

On behalf of myself and my heirs, I hereby release and discharge the Companies from any and all claims, demands and/or liability (including, without limitation, defamation, libel, false light, copyright infringement, invasion of privacy and/or right of publicity claims) arising out of or relating to any use of my Identity or any element thereof including, alteration, blurring, distortion, optical illusion, retouching or use in a composite form of my photograph or likeness or any part thereof, whether or not intentional. I understand that I may not terminate or rescind the permission granted to the Companies to use my Identity. I hereby waive, in favor of the Companies: (a) any and all right to inspect and/or approve the Companies’ use of my Identity; (b) any and all claims of copyright or other ownership with respect to the Companies’ use of my Identity; and (c) all moral rights of whatsoever nature in and to my Identity. I agree that under no circumstances shall I have any right to maintain any cause of action against the Companies or any other person or entity by virtue of the terms of this release, or any action or omission pursuant to hereto. For greater certainty, I expressly agree that I may not enjoin, restrain or interfere with use of my Identity as provided hereunder.

On behalf of myself and my heirs, I hereby release, waive liability, discharge and agree not to sue, and further agree to defend, indemnify and hold harmless, the Companies, any photographer and any producer, against any and all claims, demands, causes of action, liabilities, judgments, settlements, interest, awards, penalties, fines, costs, or expense of any kind including attorneys’ fees, and any fees and costs enforcing any right to indemnification under this release, arising out of or resulting from, in whole or in part, my participation in any photo shoot or similar activity at any location and/or premises, including but not limited to any hotel or resort managed and/or operated by Four Seasons, in connection with the use of my Identity by the Companies.

I represent and warrant that: (a) I am at least  18 years of age1; (b) I have the authority to grant to the Companies the right to use my Identity as contemplated hereunder; (c) the permission of no other person or entity is required for the Companies to exercise the rights granted hereunder; (d) the Companies' exercise of such rights shall not violate or infringe any rights of any third party or the terms of any agreement(s) with any other person or entity; (e) I am not a member of ACTRA, AFTRA, SAG or any other guild or union of performers and/or if I am that the terms of such guild or union membership agreement or other agreement(s) are in no way applicable to this release or the provisions hereof; (f) I have had an opportunity to obtain independent legal advice and obtained such advice or decided not to obtain such advice having been given the opportunity to do so; (g) beyond the consideration referred to above, I shall not be entitled to and shall not seek or claim any other consideration from the Companies of any kind, including but not limited to any monetary or other compensation relating to use.

RETREAT TERMS AND CONDITIONS ADDENDUM

The objective and content of the services provided by the Organzier and/or Speaker are solely motivational and educational and not psychotherapeutic or medical in nature. I acknowledges and agree that Windward Tailor and their Speaker are not licensed psychologists, psychotherapists, medical doctors, or health care professionals. The services provided by the organizer and the Speaker as well as any blogs, videos, group activities, keynote speeches, virtual and in-person “Wordshops”, or any other dissemination of their or their speakers views or opinions, recorded or live are in no way to be construed as or a substitute for psychological counseling, psychotherapy, mental health counseling, or other medical advice of any kind. WINDWARD TAILOR, LLC  DISCLAIM TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW ANY LIABILITY FOR ANY DAMAGES, CLAIMS OR LOSSES BASED ON ANY THIRD PARTY’S ATTENDANCE AT THE RETREAT OR THE SERVICES PROVIDED BY WINDWARD

MODIFICATION OF AGREEMENT 

 Any future modification, amendment, waiver, or revocation of any provision of this Agreement shall be effective only if it is made in writing and is executed by the Parties with the same formality as this Agreement. Any such modification, amendment, waiver, or revocation shall specifically provide what provision of the Agreement it intends to modify, amend, waive, or revoke. No oral modifications, amendments, waivers, or revocations shall be effective. Failure of a party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of subsequent defaults of the same or similar nature or of the other obligations contained in this Agreement. 

 

SEVERABILITY 

 

If any provisions of this Agreement are deemed invalid or unenforceable, such provisions shall be deemed severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement. Consistent with the provisions of this Paragraph, if any provisions are deemed invalid due to their scope or breadth, such provisions shall be deemed valid to the full extent of the applicable law. 

 

JURISDICTION, VENUE, AND CONTROLLING LAW 

 

The substantive law of the State of Colorado (and not its law of conflicts) shall govern all questions as to this Agreement’s validity and enforceability and the construction of its provisions, as well as all disputes arising out of this Agreement, unless the Parties otherwise agree. In the event of any dispute or claim arising under or related to this Agreement, the Parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other.  In the event that the Parties are unable to settle such dispute or claim through good faith negotiations, the dispute shall be resolved in binding arbitration conducted by the Judicial Arbiter Group (JAG) of Denver, Colorado (or a similar group comprised of former judges if JAG is no longer in existence), according to the provisions of the Colorado Uniform Arbitration Act in effect at the time of arbitration.  The Parties agree to abide by all decisions rendered in such proceedings. Such awards shall be final and binding on all parties to the extent and in the manner provided by the Colorado Rules of Civil Procedure. The prevailing Party shall be entitled to attorneys’ fees. The Parties agree that the arbitration, including any resolution, shall at all times remain confidential.   

 

 

By electronically submitting the form above I intend to enter into a binding legal agreement and warrant the following: 

I have read this document in full. I understand its contents. I am acting voluntarily and knowledgeably. I understand that I am giving up significant legal rights, including the right to sue. I believe this document to be fair.

Submission Sent

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