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EXECUTIVE EDUCATION PROGRAM AGREEMENT
This Executive Education Program Agreement (hereinafter referred to as the “Agreement”) is entered into between Executive Courses LLC, a Florida limited liability company (hereinafter referred to as the “Company”) and you (hereinafter referred to as “Participant”) in connection with the Executive Education Program (hereinafter referred to as the “Program”) presented at Barry University or Florida International University or University of Central Florida or University of Nevada, Las Vegas or IDPEE from Faculdade de Direito at Universidade de Coimbra or Fundación General from Universidad de Salamanca or Universal Orlando Resort™ as of the date of Participant’s registration.
WHEREAS, the Program was established to increase business and educational exchange opportunities for foreign business professional seeking instruction and an introduction into the U.S., Portugal or Spain transactional and business environment;
WHEREAS, Company is to promote and market the Program on behalf of Barry University (hereinafter referred to as the “Barry”);
WHEREAS, Company is to promote and market the Program on behalf of Florida International University (hereinafter referred to as the “FIU”);
WHEREAS, Company is to promote and market the Program to be held at Nova Southeastern University (hereinafter referred to as the “NSU”);
WHEREAS, Company is to promote and market the Program to be held at University of Central Florida (hereinafter referred to as the “UCF”);
WHEREAS, Company is to promote and market the Program on behalf of University of Nevada, Las Vegas (hereinafter referred to as the “UNLV”);
WHEREAS, Company is to promote and market the Program on behalf of Instituto de Direito Penal Económico e Europeu (hereinafter referred to as the “IDPEE”);
WHEREAS, Company is to promote and market the Program on behalf of Fundación General de la Universidad de Salamanca (hereinafter referred to as the “Salamanca”);
WHEREAS, Company is to promote and market the Program to be held at Universal Orlando Resort (hereinafter referred to as the “Universal”);
WHEREAS, Participant would like to participate and enroll in said Program;
Now, therefore, in consideration of the premises and mutual covenants contained herein, it is agreed to by all parties as follows:
1. COVERED SERVICES
2. PAYMENT TERMS; CANCELLATION AND REFUND POLICIES
3. DISCLAIMER; LIMITATION OF LIABILITY
3.1 - DISCLAIMER; LIMITATION OF LIABILITY: COMPANY IS NOT AN AGENT OR AFFILIATE OF BARRY OR FIU OR UCF OR UNLV OR IDPEE OR UNIVERSAL. COMPANY CANNOT GUARANTEE PARTICIPANT’S SATISFACTION WITH THE PROGRAM. PARTICIPANT IS RESPONSIBLE FOR REVIEWING THE ACADEMIC CURRICULUM TO DETERMINE IF THE COURSE DESCRIPTIONS AND COURSE STRUCTURE ACCOMMODATE AND SATISFY THEIR PROFESSIONAL, EDUCATIONAL AND PERSONAL NEEDS. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT’S ENROLLMENT AND PARTICIPATION IN THE PROGRAM IS WHOLLY VOLUNTARY AND PARTICIPANT ASSUMES ALL RISKS, BOTH DIRECT AND INDIRECT, THAT ARE CONNECTED WITH HIS OR HER ENROLLMENT AND PARTICIPATION IN THE PROGRAM. COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ITS PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION CONTAINED WITHIN THIS AGREEMENT WHETHER THE CLAIM FOR DAMAGES IS BASED IN CONTRACT, TORT, OR OTHERWISE. COMPANY’S MAXIMUM LIABILITY TO PARTICIPANT FOR ANY CLAIM FOR DAMAGES RELATING TO THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID BY PARTICIPANT UNDER THIS AGREEMENT.
4. CONSENT TO PUBLICATION. Participant hereby consents to any and all uses and displays, by the Company and its agents, of the Participant’s name, voice, likeness, image, appearance and biographical information in, on or in connection with any pictures, photographs, audio and video recordings, digital images, websites, television programs and advertising, other advertising, sales and marketing brochures, books, magazines, other publications, CDs, DVDs, tapes and all other printed and electronic forms and media throughout the world, at any time during or after the Participant’s , for all legitimate business purposes of Company (hereinafter referred to as "Permitted Uses"). PARTICIPANT HEREBY FOREVER RELEASES THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITY OF ANY KIND, ARISING UNDER ANY LEGAL OR EQUITABLE THEORY WHATSOEVER AT ANY TIME IN CONNECTION WITH ANY PERMITTED USE.
5. ENTIRE AGREEMENT. This Agreement and its attachments constitute the entire agreement between the parties regarding the contemplated transactions and supersede all prior agreements and understandings between the parties relating thereto.
6. AMENDMENTS. No modification, termination, extension, or renewal of any provision of this Agreement will be binding upon either party unless made in writing and signed by the parties. Any supposed oral amendment shall be null and void.
7. SEVERABILITY. In case any one or more of the provisions contained in this Agreement is for any reason held to be invalid, illegal, or unenforceable in any respect, such provision will be severed, and its invalidity, illegality, or unenforceability will not affect any other provision hereof, and this Agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. The parties may agree to renegotiate the terms of such severed provisions to negate the invalidity, illegality, or unenforceability of same.
8. APPLICABLE LAW. This Agreement shall be construed in accordance with the laws of the State of Florida. The state courts located in Miami-Dade County, Florida, shall have exclusive jurisdiction with respect to any dispute under this Agreement. Each of the parties waives trial by jury and the right to trial by jury in any and all actions or proceedings in any court between them or to which they may be parties, whether arising out of, under, or by reason of this Agreement.
9. PARTICIPANT ACKNOWLEDGMENT. BY REGISTERING FOR THE PROGRAM THROUGH THIS WEBSITE PARTICIPANT ACKNOWLEDGES THAT HE OR SHE UNDERSTANDS, ACCEPTS AND AGREES TO BE BOUND AND ABIDE BY THIS AGREEMENT.