This Participation Agreement (the “Agreement”), effective on the last date set forth below (the “Effective Date”) is made by and between Janki’s Real Estate Training Academy LLC, a California limited liability company (the “Company”) and _________________ (the “Participant”), regarding Participant’s enrollment in Company’s [insert name of course] _____________ course (the “Course”).
1. Course Dates and Times. The Course runs from [insert start date] – [insert end date]. The Course will include [insert number of sessions] thirty (30)- minute Zoom classes and [insert any additional classes or instructor time included].
2. Fees and Withdrawals. The total Course fee (the “Course Fee”) is $1497. $499 is due on the __ day of each month for three total consecutive months. Once the Course begins, the Participant may not switch to a different course. No transfer credits or refunds are available.
3. Course Subject to Change. Although every effort will be made to operate the Course as announced, the Company reserves the right, should conditions warrant or necessity demand, to make changes in the Course arrangements or class schedule. In the event that classes are rescheduled or delayed, the Company will work with Participants to conclude any ongoing Course work after the day of the last class.
4. Participant Expectations. Participants are expected to conduct themselves with professionalism at all times during the Course and to treat each other, instructors, and executives with professionalism and respect. Unprofessional conduct is grounds for the Company to dismiss the Participant from the Course. Participants are expected to dedicate the time necessary to attend all class sessions. Online classes may be viewed at a later date but in-person classes will not be recorded.
5. No Guarantees; Assumption of Risk. The Company makes no guarantees or representations regarding the results of the Course. Participants understand that they undertake the Course at their own risk. Participants understand and agree that the Company offers no guarantees from the Course, including the number or amount of real estate sales or clients.
6. Intellectual Property Ownership. Title to, sole ownership of, and all rights and interest in the Company’s intellectual property, including, without limitation, written materials, presentations, documents, copyrights, video or audio recordings, trademarks, trade names, trade secrets, and other proprietary rights or any material provided to the Participant during the Course (collectively, “Company Intellectual Property”) shall remain with the Company. The Company grants Participant a nonexclusive, revocable, limited license to use the Course materials provided to Participant, which may include handouts and presentations (the “Course Materials”) for Participant’s personal, educational uses only and only during the duration of the Course. Participants may not distribute, disseminate, copy or use Course Materials for any other uses. The Company may include Course Materials in the Company’s marketing materials. Participants may not record or take photographs of the Course meetings without the Company’s prior written consent. The Company reserves the right to use video or audio recordings, images, and descriptions of the Course meetings for the Company’s marketing and other business needs. The participant will not have access to any Course Materials after the end of the Course.
7. Confidentiality. Any information about the Company that is disclosed during the Course and that is not publicly available will constitute confidential, trade secret, and proprietary materials and information (the “Confidential Materials and Information”). The Participant shall not disclose, use or publish any Confidential Materials and Information, except in accordance with this Agreement or as otherwise authorized by the other Company in writing. The Participant shall take appropriate steps to protect the Confidential Materials and Information from any unauthorized use and disclosure.
8. Indemnification. Participant shall indemnify, defend and hold harmless the Company and its directors, officers, shareholders, employees, and agents from and against all third party actions, claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs of discovery) resulting from negligent acts, errors, or omissions, whether active or passive, of Participant during the Course.
9. Independent Contractor. The Company is an independent contractor for all purposes. This Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship between the Company and Participant, and in no event will the Company or its agents, representatives, or employees be deemed to be agents, representatives, or employees of Participant.
10. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.
11. Assignment. Neither party may assign this Agreement or any obligation herein without the other party’s prior written consent. This Agreement shall be binding upon and inure to the benefit of the parties herein and the respective heirs, executors, personal representatives, successors, and assigns.
12. Entire Agreement. This Agreement contains the entire understanding of the parties and supersedes any and all other agreements presently existing or previously made, written or oral, between the parties concerning its subject matter. This Agreement may not be modified except by a writing signed by both parties.
13. Notices. All notices, requests, demands, and other communications hereunder shall be deemed to have been duly given if delivered, emailed with receipt requested or mailed, to the other party at the physical or email address set forth below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
COMPANY: JANKI’S REAL ESTATE TRAINING ACADEMY LLC
By:____________________________________________
(Signature)
Name: Title:
PARTICIPANT
By:___________________________________________
(Signature)
Name: