Agreement for Offering Online Group Seminars

This document outlines the program guidelines and agreement. Please sign below to continue to the final payment page :

Effective Date: 05/11/2024

THE AGREEMENT: This Agreement for Offering Online Group Seminars (hereinafter, "Agreement") is made by and between Avive la Vie INC., a corporation, incorporated under the laws of the state of Oregon, hereinafter referred to as "Seminar Provider" and you, further defined below, as a participant in or attendee of the Online Group Seminar, also defined below. (hereinafter the “Participant”).

All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern your attendance to and/or participation in the Online Group Seminar.

Avive la Vie Online Group Seminar
12-Week Series - 1 ½ hour each session

Article 1 - DEFINITIONS:

A) The parties referred to in this Agreement shall be defined as follows:

   I) Seminar Provider, us, we: Seminar Provider, as the creator and operator of the Online Group Seminar, is responsible for providing the Online Group Seminar publicly. Seminar Provider, us, we, our, ours, and other first-person pronouns will refer to the Seminar Provider, as well as, if applicable, all employees and affiliates of the Seminar Provider.
   II) You, the attendee, the participant: You, as the attendee of or participant in the Online Group Seminar, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as attendee or participant.
   III) Parties: Collectively, the parties to this Agreement (Seminar Provider and you) will be referred to as Parties and individually as Party.

B) The Online Group Seminar details are as follows:
   I) Online Group Seminar Name: Avive la Vie - An Adventure in Belonging
   II) Online Group Seminar Description: The online group seminar was created for people who strongly desire to overcome their self-defeating habits and programming that affect their ability to connect with themselves and build authentic relationships. We have had people from all walks of life attend the group. What we all have in common is that we seek to experience a true sense of belonging and connection. In the live seminar, we will explore relationship strife, career direction, business problems, financial issues, lack of direction, anxiety, depressive thoughts, or simply elusive happiness.
   III) Total Fees ("Fees"): $795 (seven hundred ninety-five US dollars)
   IV) Seminar Location: Online
   V) Online Group Seminar Offerings:
Avive la Vie Online Group 12-Week Series - 1 ½ hour each session

Article 2 - ASSENT & ACCEPTANCE:

By attending or participating in the Online Group Seminar, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please do not attend or participate in the Online Group Seminar or cease your attendance and participation, if ongoing. Seminar Provider only agrees to provide the Online Group Seminar to you if you assent to this Agreement.

Article 3 - AGE RESTRICTION:

You must be at least 18 (eighteen) years of age to attend or participate in the Online Group Seminar. By attending or participating in the Online Group Seminar, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Seminar Provider assumes no responsibility or liability for any misrepresentation of your age.

Article 4 - REFUNDS:

   a. Refunds are not available for the Online Group Seminar. Participant acknowledges that significant work and preparation is required for each new participant and that the total online group seminar fee is non-refundable.    b. Participant may request to attend the next available online group seminar for up to one year from this agreement. They are not guaranteed a reserved attendance to the online group seminar.

Article 5 - LICENSE TO ACCESS AND USE MATERIALS:

We may provide you with certain information, documents, writings, graphics, or any combination of the above (the "Materials") as a result of your attendance and participation in the Online Group Seminar. The Materials have been developed by Seminar Provider. Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your attendance and participation in the Online Group Seminar. The Materials may not be used for any other purpose. You may not share or sell the Materials with others. You may not post the Materials online. You may solely and exclusively view the Materials for personal use.

Article 6 - LIVE SEMINAR TERMS:

We do not offer any promises or guarantees with regard to our Online Group Seminar or Materials. You hereby acknowledge and agree:

   A) You are solely and exclusively responsible for the choices that you make with regard to this Online Group Seminar, the Materials contained within it, or any significant changes to your business or life;
   B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
   C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Online Group Seminar;
   D) This Online Group Seminar does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.

Article 7 - INTELLECTUAL PROPERTY:

You agree that the Materials, the Online Group Seminar, any online properties belonging to the Seminar Provider (such as websites, social media pages, etc.), and any other such created intellectual property is the property of the Seminar Provider, including all copyrights, trademarks, trade secrets, patents, and any other intellectual property ("Provider IP"). You agree that the Seminar Provider owns all right, title and interest in and to the Provider IP and that you will not use the Provider IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Provider IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Seminar Provider.

Article 8 - PAYMENT & FEES:

As noted above, the total Fees for the Online Group Seminar are as follows: $795 (seven hundred ninety-five US dollars). A two-hundred sixty-five dollar first installment payment is due upon registration. The balance of the Online Group Seminar Fees is due in two installment payments of two hundred sixty-five dollars each. The first installment payment is due 30 days after the registration date, and the second payment is due 60 days after the registration date. THE TOTAL ONLINE GROUP SEMINAR FEE IS NON-REFUNDABLE. Avive la Vie Online Group is a 12-week Series - One session per week of 1 ½ hour each session.

Article 9 - ACCEPTABLE USE:

You agree not to:
   A) Harass, abuse, or threaten others or otherwise violate any person's legal rights;
   B) Violate any intellectual property rights of the Seminar Provider or any third party;
   C) Perpetrate any fraud;
   D) Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
   E) Publish or distribute any obscene or defamatory material;
   F) Publish or distribute any material that incites violence, hate, or discrimination towards any group;
   G) Unlawfully gather information about others.

Article 10 - NO LIABILITY:

The Online Group Seminar is provided for informational purposes only. You acknowledge and agree that any information received by you as a result of or through the Online Group Seminar, or in the Materials, is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Online Group Seminar is at own risk. We do not assume responsibility or liability for any advice or other information given in the Online Group Seminar.

Article 11 - INDEMNIFICATION:

You agree to defend and indemnify the Seminar Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the Online Group Seminar, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.

Article 12 - TERM, TERMINATION & SUSPENSION:

We may terminate this Agreement with you at any time for any reason, with or without cause. We may also deny your entry into any Online Group Seminar event, at our sole and exclusive discretion. If we do so, any funds paid will be refunded. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. This Agreement will otherwise terminate at the conclusion of the Online Group Seminar.

Article 13 - NO WARRANTIES:

You agree that your participation in the Online Group Seminar is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Online Group Seminar will meet your needs. We also make no warranties as to the reliability or accuracy of any information in the Online Group Seminar. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Online Group Seminar is your sole responsibility and that we are not liable for any such damage or loss.

Article 14 - LIMITATION ON LIABILITY:

We are not liable for any damages that may occur to you as a result of your participation in the Online Group Seminar, to the fullest extent permitted by law, as noted above. The maximum liability of Seminar Provider arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to us in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

Article 15 - GENERAL PROVISIONS:

   A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

   B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Online Group Seminar, you agree that the laws of Oregon shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Linn County, Oregon. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

   C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Linn. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Oregon. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

   D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Seminar Provider, the rights and liabilities of Seminar Provider will bind and inure to any assignees, administrators, successors, and executors.

   E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

   F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

   G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

   H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

   I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

   J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: inquiry@avivelavie.com. You may also find us at the following web address: www.avivelavie.com.

Dated : May 11, 2024