Virtual Expert® Live - 2023

Orlando, FL
April 21-22-23, 2023

ATTENDEE AGREEMENT

This Agreement (“Agreement”) is between You and Goughenour Group, LLC (“Leader”). Your participation is subject to the terms and conditions in this Agreement. If you do not agree to these terms, you may not attend the Virtual Expert® LIVE Event on April 21, 22, & 23, 2023 at The Drury Plaza Hotel, 187 DPH Drury Plaza Hotel Orlando - Disney Springs® Area; 2000 Hotel Plaza Boulevard, Lake Buena Vista, FL 32830.

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS.

I.  WHAT’S INCLUDED (“Services”)

Your Services include:

• Daily buffet breakfasts provided by the Drury Plaza Hotel
• Lunch vouchers will be provided for Friday, April 21, and Saturday, April 22, 2023
• Welcome reception on Thursday, April 20, 2023 at the Drury Plaza Hotel common dining area
• Daily training sessions (all materials will be provided)
• High-speed internet in the hotel’s common areas and conference room (some in-room Wi-Fi may be available)
• Detailed daily itinerary
• Access to our private Virtual Expert® Facebook group. This is the place we'll be sharing flight deals, packing tips, inspiration and getting to know each other before the event

Your Services do not include:

• Round-trip airfare to The Drury Plaza Hotel Orlando - Disney Springs® Area; 2000 Hotel Plaza Boulevard, Lake Buena Vista, FL 32830
• Transportation between the airport and The Drury Plaza Hotel (suggested resources will be provided)
• The cost of your hotel room, including taxes and additional fees
• Private excursions or activities not mentioned in the Services section above
• Spa treatments or special personal services
• Gratuities for hotel staff, drivers when exploring on your own, personal services and/or purchases
• Personal services such as room service, laundry, telephone calls, cover charges
• Souvenirs and shopping sprees
• Meals, beverages, alcohol not identified in Services section above
• Travel, accident, health, or life insurance
• Any other items not specified in Services section above

II.  CANCELLATION & REFUND POLICY

Because we have limited the number of clients for the Services to provide you with the best possible experience, your participation in the Program necessarily precludes other potential participants. In light of this fact, and due to the extensive time, effort, preparation, and care that goes into planning, booking, creating, and providing the Services, we have a no-refund policy regardless of your level of participation in the Services. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for the Services and no refunds will be provided to you at any time. You understand and agree that all sales are final and no refunds will be provided. We recommend that you purchase trip cancellation insurance in the event you need to cancel your trip for an unforeseen reason.

If you do have to cancel, your spot is fully transferable to another person.

All cancellation requests must be made in writing (including email) to [email protected]

Exceptions to this cancellation and refund policy cannot be made for any reason, including personal emergencies. There is no refund available for leaving the event early or arriving late. There are no refunds for any part of the Services that you choose not to attend.

Leader reserves the right to cancel the event if we have an insufficient number of participants, or in the event of a force majeure or logistical problem out of our control which may impede event operations.

Leader shall not be deemed in breach of this Agreement if Leader is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of Leader or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Leader’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Leader shall give notice to You of its inability to perform or of delay in completing the Services.

Leader must make substantial payments to vendors far in advance of the scheduled date. Leader is not responsible for, and will not compensate you for, any payments you have made directly for airfare, excursions, or other personal travel arrangements in the event of a cancellation by Leader.

III.  GENERAL TERMS

1. Itinerary not guaranteed. While every effort will be made to ensure we cover all Services outlined above, Leader reserves the right to rearrange or alter the itinerary or substitute accommodations or group facilitators due to weather, vendor cancellations, or any other unforeseen circumstances.
2. Leader Intellectual Property. You acknowledge that Leader owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos (“Leader IP”) that may be used during the event or any related website or forum hosted on any platform by Leader (“Leader Media”). Leader grants You permission to use Leader IP for your own personal use only. You agree not to copy, share, sell, or distribute any of these materials. If You or your employees or agents copy, share, sell, distribute, or use Leader IP in any way not authorized by Leader, You agree to pay liquidated damages of five (5) times the total contract price to Leader.
3. Confidentiality. You are free to speak, write and share about your own experiences with the Services, but you agree to keep all information shared by others confidential. This provision specifically applies to and includes content shared within the Services, where applicable, and any private Facebook group for attendees, or similar Leader Media. Leader agrees to keep all information that you ask us to keep private strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court issues a subpoena for the file or information, or if you threaten to harm yourself, or others.

You acknowledge that our communications are not covered by any doctor-patient privilege or other privileges. You acknowledge that communications between you and Leader, or any of Leader’s employees, contractors, agents, or volunteers, are not covered by any doctor-patient privilege or other privileges.

4. Consent to Medical Care. You consent to medical care and transportation in order to obtain treatment in the event of injury to You as Leader, volunteers, or medical professionals may deem appropriate and understand that this Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
5. Following Rules, Instructions. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Leader through its employees, representatives, or agents, and to abide by any decision of any Leader staff or volunteers, or Leader vendors or contractors, relative to your ability to safely participate in or attend the Event.
6. Appropriate Behavior; Dismissal Without Refund. Leader treats all clients, vendors, and guests with the utmost respect, and asks that you and your family and guests do the same. At no time and under no circumstances will Leader tolerate verbal or physical abuse, violent, destructive, menacing, or harassing behavior from You, any party acting on behalf of You, or Your guests or family members, before, during, or after the event, toward Leader or its staff or vendors. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the event and to obey all local, state, and federal civil and criminal laws while participating in or attending the Retreat. This includes, generally, respect for other people, equipment, facilities, or property. Leader may dismiss You and terminate this Agreement, without refund, should You or your family/guest’s behavior endanger the safety of or negatively affect the event or any person, facility, or property, in Leader’s sole discretion.
7. Consumption of Alcohol or Other Intoxicants. You agree not to consume alcohol or any other intoxicant prior to activities that involve physical exercise or activity or use any medicine or substance that will inhibit Your mental or physical ability to safely participate in such activities. If You choose to consume alcoholic beverages or other intoxicants prior to, during, or after any other activities, You will do so responsibly, and only if you are over the legal age to do so.
8. Damage or Theft of Property. You understand and agree that Leader is not responsible for any personal item or property that is lost, damaged, or stolen at or during the event.
9. Consent to Use Your Image. You consent to the use of your image or likeness in photographs, videos, or recordings, whether altered or unaltered, taken during the Services for use by Leader in any media now known or unknown, and You waive and release any right to compensation and/or damages with respect to the use, display, distribution or other publication of such photographs, videos or recordings.
10. License Grant to Use Your Photos, Videos, or Recordings. You grant Leader an unlimited, non-exclusive, perpetual right and license to use any and all photographs, videos, recordings, or other records of the Services You may create or capture, in any media now known or unknown.

IV.  PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK, DISCLAIMERS, AND INDEMNIFICATION

As used in this Agreement, the term “Releasees” is defined to include the following: (i) Leader, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors and assigns; and (ii) any Leader volunteers.

11. You acknowledge that, by engaging with Leader for the Services, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Services, whether or not caused by the active or passive negligence of the Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to Leader.

12. I expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

13. You represent and warrant to Releasees that you have reviewed the itinerary and are able to safely participate in the Services and have no medical condition that would make your participation in the Services more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Services without the approval of a physician.
14. You are responsible for bringing the appropriate clothing, medicines, supplies, and equipment as advised in the pre-departure information provided by Leader.
15. Leader provides information and education only and does not provide any financial, legal, medical, or psychological services or advice. Leader is not a licensed healthcare professional. None of the Services prevents, cures, or treats any mental or medical condition. Coaching is not intended as a substitute for psychological counseling, therapy, or professional health care advice. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions, and results. Leader disclaims any liability for your reliance on any opinions or advice contained in the Services or Leader IP. If you have thoughts about harming others or yourself, you should NOT use the Services or Leader IP. Instead, you should immediately call 911 and seek appropriate professional help. If Leader is informed of your intention to harm yourself or others, we reserve the right to contact proper authorities and release whatever information we possess to protect the individual(s) at risk.
16. DISCLAIMERS. Leader cannot, and does not, guarantee particular results. Leader disclaims all warranties, express or implied, to the fullest extent permissible by applicable law. You agree that Leader has not made and does not make any representations about the earnings or results you may receive as a result of your use of the Services or Leader IP. Leader cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Services or Leader IP, and you understand that results differ for each individual.
17. Third-party Vendors. While Leader has made every effort to make arrangements with reputable vendors, You expressly agree that Leader shall not be liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property occasioned through the negligence, wrongful or intentional acts, or default of any company or individual engaged in providing these arranged services. Each hotel accommodation, restaurant, and other vendor is subject to the laws of the state or country where the service is provided.
18. Any links to third-party products, services, or sites are subject to separate terms and conditions. Leader is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Leader may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
19. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LEADER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEADER DOES NOT WARRANT THAT THE LEADER MEDIA OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE LEADER MEDIA, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
20. LEADER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES.
21. INDEMNITY. You agree to defend, indemnify and hold harmless Leader and any directors, officers, agents, employees, contractors, partners, assigns, and successors-in-interest from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of Leader Media in violation of this contract, (ii) any breach by you of this contract or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to Leader Media, (iv) your use of materials or features available on Leader Media (except to the extent a claim is based upon infringement of a third-party right by materials created by Leader) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
22. Leader controls and operates the Websites from offices in the United States. Leader does not represent that the Services, materials in the Leader IP, or the Leader Media are appropriate or available for use in other locations. If You choose to access Leader Media from other locations, You acknowledge you do so on Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
23. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
24. GENERAL PROVISIONS. This Agreement will be governed by the laws of Missouri. You agree to submit to the jurisdiction and venue of the state and federal courts in or nearest to Black, Missouri, and waive any defense of lack of personal jurisdiction or forum non-conveniens. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

You expressly agree that the terms of this Agreement are intended to be as broad and inclusive as permitted by the law of Missouri.

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

By checking the “ I Agree to the terms and conditions box” on the purchase page, You acknowledge that You have carefully read this Agreement, including the waiver and release, and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You acknowledge You are aware and agree that by executing this Agreement, You are giving up Your right to bring a legal action or assert a claim against Releasees for their negligence, or for any defective product used while participating in the Services. You acknowledge You have read, understood, agreed to, and voluntarily signed the entire Agreement, including by providing the electronic equivalent of your signature if applicable.

COVID-19 Event Release and Indemnity Agreement

As a condition of being permitted to attend in person, the Virtual Expert® LIVE event (the “Event”) hosted or provided by Goughenour Group, LLC (the “Company") on April 21, 22, & 23, 2023 at The Drury Plaza Hotel, 187 DPH Drury Plaza Hotel Orlando - Disney Springs® Area; 2000 Hotel Plaza Boulevard, Lake Buena Vista, FL 32830; in light of the 2019-2022 outbreak of the novel Coronavirus COVID-19, I agree to the following terms.

For purposes of this agreement, “Releasees” shall include (i) the Company, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns; (ii) any Company volunteers.

In consideration of my live attendance and participation in the Event, I acknowledge and agree:

1. COVID-19 is extremely contagious and can be spread through person-to-person contact. Asymptomatic individuals can be infected with and transmit COVID-19 without their knowledge.
2. During the Event, following the federal, state, and local laws regarding face coverings and/or social distancing must be practiced to reduce the risks of exposure to COVID-19. Despite preventative measures, the Releasees cannot guarantee that the Event attendees will not become infected with COVID-19.
3. I am fully and personally responsible for my own safety and actions during the Event. To the best of my knowledge, I have no medical condition that would make my participation in the Event more hazardous.
4. My live attendance at and participation in the Event could lead to serious injury, illness, or even death for myself and others including, but not limited to, those resulting from influenza, MRSA, or COVID-19.
5. With full knowledge of the risks involved, I voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to me, my personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my live attendance at or participation in the Event, whether or not caused by the active or passive negligence of the Releasees, including but not limited to economic loss, injury, illness or death related to COVID-19.
6. If the release and hold harmless provision is held unenforceable for any reason, I agree to limit any damages claimed to the amount that I paid the Company to attend the Event.
7. I agree to indemnify, defend, and hold harmless the Releasees from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims they may incur, directly or indirectly, arising from or related to my live attendance at or participation in the Event, including but not limited to those arising from any breach of a representation and warranty by me.
8. I expressly agree that this Event Release and Indemnity Agreement is intended to be as broad and inclusive as permitted under the law and that if any portion is held invalid, it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of reckless or intentional acts by the Company.
9. I expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

10. This is the entire agreement of the parties and there are no other agreements between them with respect to its subject matter. This agreement may only be modified in an express writing signed by both parties. This agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to its conflict of laws principles. The nearest state and federal court to Black, Missouri shall have exclusive jurisdiction over any case or controversy arising from or relating to my attendance at or participation in the Event. If either party is required to make a claim for violation of this agreement, whether resolved by negotiation, mediation, or litigation, the prevailing party will be entitled to recover its full attorney’s fees and costs from the non-prevailing party. Any waiver by either party of a breach of this agreement does not equal approval or waiver by said party in any subsequent breach or violation of this agreement. This agreement and each party’s obligations shall be binding on the representatives, assigns, and successors of such party.

By checking the “ I Agree to the terms and conditions box” on the purchase page,I agree that: I have read this Event Release and Indemnity Agreement and understand its contents; I am at least eighteen (18) years old and fully competent to give my consent; I have been sufficiently informed of the risks involved; and I give my voluntary consent in signing it, free from any inducement or representation, with full intention to be bound by it.