This Workshop Agreement ("Agreement") is entered into by and between Hercelium LLC ("Company"), a Colorado limited liability company, and the individual ("Participant") who has enrolled in one or more Hercelium workshops. By enrolling in a workshop, the Participant agrees to the terms outlined herein.
1. Workshop Enrollment and Payment Terms
- Eligibility: Participants must be at least 18 years of age or have the consent of a parent or guardian if under 18.
- Payment: Workshop fees must be paid in full at the time of enrollment. Payment can be made via the methods specified on the Hercelium website or through authorized payment platforms.
- Refund and Cancellation Policy:
- Participants may cancel their enrollment and receive a full refund if the cancellation request is made within 3 days of purchase, provided the purchase is made at least two weeks before the workshop start date.
- If the cancellation request is made after the 3-day period or if the purchase is made within two weeks of the workshop start date, the Participant will not be eligible for a refund. However, the Participant will be issued a credit that can be applied toward another Hercelium workshop or the same workshop offered at a later date.
- The issued credit will be valid for one year from the date of cancellation. After one year, any unused credit will be forfeited and removed from the Participant’s account.
- Credits are non-transferable and may only be used by the original Participant for Hercelium workshops.
- Rescheduling: If a workshop is rescheduled, participants will be notified promptly. In the event of rescheduling, participants will have the option to attend the new date or receive a credit for future use.
2. Conduct and Participation Requirements
- Attendance: Participants are expected to attend all sessions of the workshop. In the event of absence, no refunds or additional credits will be provided unless the absence is due to emergency situations that are verifiable.
- Punctuality: Participants are expected to arrive on time. Late arrivals may disrupt the workshop and may be refused entry.
- Engagement: Participants are encouraged to actively participate in discussions and group activities. Respectful interaction with fellow participants is mandatory.
- Code of Conduct: All participants are expected to behave professionally and respectfully toward workshop facilitators and fellow attendees. Discrimination, harassment, or disruptive behavior will not be tolerated and may result in removal from the workshop without a refund.
- Confidentiality: Participants may be exposed to confidential information during the workshop (including personal or business information shared by other participants). All such information must be treated as confidential and may not be shared outside of the workshop.
- Prohibition on Recording: Participants are strictly prohibited from recording any portion of the workshop, including but not limited to audio, video, and screen captures, without the express written consent of Hercelium LLC. This includes recording conversations, presentations, or any other form of communication during the workshop. Violation of this provision may result in immediate removal from the workshop and forfeiture of any refund or credit.
3. Use of Image and Likeness
- By participating in the workshop, the Participant consents to the recording of their image, voice, and likeness during the workshop. Hercelium LLC reserves the right to use such recordings, including photographs, video, or audio, for promotional, marketing, and educational purposes in perpetuity.
- Participants agree that no compensation will be provided for the use of such materials and waive any rights to inspect or approve the promotional content in which their image or likeness appears. If a participant does not wish to be recorded or included in promotional materials, they must notify Hercelium in writing prior to the workshop.
4. Intellectual Property
- Ownership: All workshop materials, including but not limited to slides, documents, and content provided during the workshop, are the intellectual property of Hercelium LLC. These materials are provided for personal use only and may not be distributed, copied, or used for any other purpose without written permission from Hercelium.
- Participant Contributions: Any ideas, feedback, or suggestions provided by Participants during the workshop will become the intellectual property of Hercelium LLC, and Hercelium reserves the right to use such contributions for any purpose, without compensation to the Participant.
5. Liability and Disclaimers
- Workshop Content: Hercelium makes no guarantees about the effectiveness of the workshop in achieving desired outcomes for participants. The content is provided for educational and informational purposes only.
- Limitation of Liability: To the fullest extent permitted by law, Hercelium LLC will not be liable for any direct, indirect, incidental, or consequential damages resulting from the workshop, including but not limited to personal injury or property damage.
- Assumption of Risk: The Participant acknowledges that participation in certain workshops may involve physical, emotional, or intellectual challenges, and assumes all risks associated with such participation.
6. Compliance with Laws
- Federal and State Law Compliance: This Agreement complies with all applicable U.S. Federal laws and the laws of the State of Colorado, including but not limited to the Colorado Consumer Protection Act and the Federal Trade Commission's guidelines on online commerce.
- Data Privacy: Hercelium adheres to the Federal Trade Commission (FTC) guidelines regarding the protection of personal information. Participant information will not be shared with third parties, except as necessary to facilitate the workshop or as required by law.
- Dispute Resolution: Any disputes arising from this Agreement shall be governed by the laws of the State of Colorado. Both parties agree to first attempt to resolve disputes through mediation before resorting to litigation or arbitration.
7. Force Majeure
- Hercelium LLC will not be held responsible for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, government orders, or other unforeseen circumstances.
8. Miscellaneous
- Non-Transferable: Workshop enrollment is non-transferable. Only the registered Participant is entitled to attend the workshop.
- Amendments: Hercelium LLC reserves the right to amend this Agreement at any time, with notice provided to the Participant. Continued participation in workshops after such amendments will constitute acceptance of the updated Agreement.
- Entire Agreement: This Agreement constitutes the entire understanding between the Participant and Hercelium LLC and supersedes all prior agreements and understandings, whether oral or written, related to the workshop.
BY COMPLETING THE WORKSHOP REGISTRATION, THE PARTICIPANT ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM.