By accessing or using our digital product and coming to any in-person sessions, you agree to be bound by the following terms and conditions:
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Updated Refund Policy (Effective January 3, 2025)
- Final Sales: All sales are final, and refunds will not be available unless stated below.
- Support for Non-Registration: If your co-parenting partner does not register by the 15th day of your registration, you can request a full refund on the 15th day. If you do not request a refund on the 15th day, then you will not receive a refund at all.
- Access Upon Registration: Access to the course will be granted once both co-parenting partners have registered for the course, ensuring a seamless start to the program. If you missed the date to request a full refund, you will have a credit for 30 days from the refund cut off date, to give your co-parenting partner more time to register for the program. Once the 30 days is up, you will have to re-register and pay again if the court orders you back to the program. It is your sole responsibility to adhere to these terms and condition.
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Non-Transferable: This product is solely for your personal educational use and cannot be transferred, resold, or shared with any other individual or entity.
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Educational Use Only: The content provided within this product is for educational purposes only. It is not intended to serve as professional advice, legal advice or replace any formal education or training.
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No Disputes: You agree not to dispute any charges related to this product, including but not limited to credit card charges or payment transactions.
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Acceptance: By using this product, you acknowledge that you have read, understood, and agreed to abide by these terms and conditions.
These terms and conditions are subject to change without prior notice. It is your responsibility to review this document periodically for any updates or modifications. Continued use of the product after any such changes constitutes acceptance of those changes.
Website Terms of Use
TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers. By using this site or any site affiliated with The Family Pact, LLC, (“the “Company”) you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
- Agreement. This Term of Use agreement (the "Agreement") specifies the Terms and Conditions for access to and use of TheFamilyPact.com or affiliated sites (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by the Company upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at TheFamilyPact.com/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
- Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at TheFamilyPact.com/privacy.
- Ownership. All content included on this site is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
- Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
- Trademarks. The words “The Family Pact” and Company logo, and others are either trademarks or registered trademarks of Company. Other product and company names mentioned on this Site may be trademarks of their respective owners.
- Site Use. The Company grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Company and Company may terminate your use of this website at any time.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
- Indemnification. You agree to indemnify, defend and hold Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
- Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Use of Information. Company reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
- Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Elaine Law Group, PLLC, who can be reached as follows:
By Mail: 1808 S. Good Latimer Expy, Dallas, TX 75226
By Phone: 214-432-3113
By E-mail: [email protected]
- Applicable Law. You agree that the laws of the State of Texas, without regard to conflicts of laws provisions, will govern these Terms and Conditions of Use and any dispute that may arise between you and the Company or its affiliates.
- Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of Company.
- Termination. Company may terminate this Agreement at any time, with or without notice, for any reason.
- Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- Entire Agreement. This Terms of Use constitutes the entire agreement between you and Company and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Company may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
The Family Pact, LLC
475 e fm 1382 #1225, Cedar Hill, 75104
214-531-4348
Privacy Policy
- Website Owner. The Family Pact, LLC ("TFP") is the owner of this Website ("TFP Website"). TFP can be contacted by mail at 475 e fm 1382 #1225, Cedar Hill, 75104, by phone at (214) 531-4348, or by email at [email protected]. This online privacy notice discloses TFP information practices for this TFP Website and affiliated websites, including what type of personally identifiable information is requested in order to pay fees, how the information is used, and with whom the information is shared. Note that other TFP Websites may be governed by privacy notices containing different information practices applicable to those sites.
- Website Visits. TFP collects certain information from TFP Website visitors. This includes, but is not limited to, the home server domain name, e-mail address, type of computer and web browser, what pages visitors accessed, and limited information about search requests. This information is used to solve technical problems and to calculate overall usage statistics.
- Website Transactions. At times, TFP will need personal information regarding a customer or a prospect. For example, to process an order or provide course access, TFP may need to know a customer's name, mailing address, e-mail address and credit card details. It is TFP's intent to inform you before TFP collects personal information, such as user's name and/or address on the Internet. If you tell us that you do not wish to have this information used as a basis for further contact with you, TFP will respect your wishes.
- Personal Information That May Be Collected.
- Identifying Information. In order to pay fees and/or access designated services and/or restricted areas within the TFP Website or affiliated websites, TFP will request a user to provide certain personal identifying information, which may include: legal name, postal address, e-mail address, screen name, password, telephone number, facsimile number, method of payment, and, if applicable, credit card number. TFP may request additional information necessary to establish and maintain customer's account.
- Service Quality Monitoring. Some Website transactions may require a customer to telephone TFP, or TFP to call the customer. TFP will not contact you by telephone without your prior consent, except to confirm an order placed online and/or to inform a customer of the status of such order. Customer should be aware that it is TFP's practice to monitor, and in some cases record such calls for staff training or quality assurance purposes.
- Information from Children. TFP does not collect or maintain information from users actually known to be under the age of 13, and no part of TFP's Websites are structured to attract anyone under the age of 13.
- Lost or Stolen Information. If a customer's credit card and/or password is lost or stolen, the customer should promptly notify TFP in order to enable TFP to cancel the lost or stolen information and to update its records with a changed credit card and/or password.
- Group Sessions, Chat Rooms, Forums and Bulletin Boards. If customer participates in an TFP group session, chat room, discussion forum, or posts messages to an TFP bulletin board, customer should be aware that the information disclosed and shared will be broadly available to other persons, both inside of and/or outside TFP, who have access to that group session, chat room, forum or bulletin board. Some individual TFP group sessions, chat rooms, forums or bulletin boards have additional rules and conditions regarding participation. Also, participant's expressed opinion is his or her own and should not be considered as reflecting the opinion of TFP.
- Links to Other Websites. A TFP Website or affiliated website may contain links to other Websites. TFP is not responsible for the privacy practices or the content of those other Websites.
- Uses Made of the Information.
- Limited Uses Identified. Personal information collected by TFP will be used by TFP for the following purposes including but not limited to: statistical analysis of customer's behavior; service development; content improvement; customization of content and layout of TFP's Website and affiliated websites; internal and external company reviews.
- Marketing Uses. Unless the customer opts-out, TFP reserves the right to provide customer with information about TFP's Website and affiliated websites, TFP services, and related information in which the customer has indicated an interest.
The information you provide to the TFP Website may also be collected, used, analyzed and/or processed by TFP, or selected third parties on TFP's behalf, for marketing and other business purposes.
- Stored Information Uses. TFP stores and retains Customer information. Stored information is used by TFP and TFP agents: to support customer interaction with the TFP Website; to deliver customer purchases; and/or to contact customers again about other TFP services.
- Online Advertising. Some companies that help TFP deliver interactive on-line advertising, such as banner ads, may collect and use information about TFP's customers to help TFP better understand the types of advertising or promotions that are most appealing to TFP's customers. After it is collected the information is aggregated so it is not identifiable to a specific individual. If, however, customer would prefer that these companies not collect such information, please opt-out.
- Disclosure of the Information.
- Within Corporate Organization. TFP is a business organization, with legal entities, business processes, management structures, and technical systems that may cross borders. TFP may share your personal information within the TFP corporate organization, and may transfer the information to countries in the world where TFP conducts business. Some countries may provide less legal protection for customer personal information.
- Mergers and Acquisitions. For the purpose of developing and expanding its business, TFP may share, rent, sell or buy business assets. In such transactions, customer information is generally one of the transferred business assets. Also, in the event TFP is acquired, customer information will be one of the transferred assets.
- Agents. TFP employs or engages other companies and individuals to perform business functions on behalf of TFP. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer services.
- Affiliated Businesses. TFP works closely with affiliated businesses operating Website stores, providing services on each other's Websites. These businesses identify themselves to customers. Customer information related to a transaction with an affiliated business is shared with that affiliated business.
- Marketing Analysis by Third Parties. TFP reserves the right to disclose to third parties personal information about customers for marketing analysis; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual customer.
- Disclosure to Governmental Authorities. TFP may release personal information to appropriate governmental authorities where release is required by law (for example, a subpoena) or by a regulation, or is requested by a government agency conducting investigations or proceedings.
- Use of Computer Tracking Technologies.
- No Tracking of Personal Information. TFP's Website(s) are not set up to track, collect or distribute personal information not entered by visitors. Through Website access logs TFP does collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff for research and development, user analysis and business decision making, all of which provides better services to the public. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.
- Use of Cookies. TFP, or its third party vendors, collects non-identifiable and personal information through the use of various technologies, including "cookies." A cookie is an alphanumeric identifier that a Website can transfer to customer's hard drive through customer's browser. The cookie is then stored on customer's computer as an anonymous tag that identifies the customer's computer, but not the customer. Cookies may be sent by TFP or its third party vendors. Customer can set its browser to notify customer before a cookie is received, giving an opportunity to decide whether to accept the cookie. Customer may also set its browser to turn off cookies; however, some Websites may not then work properly.
- Use of Web Beacon Technologies. TFP may also use Web beacon or other technologies to better tailor its Website(s) to provide better customer service. If these technologies are in use, when a visitor accesses these pages of the Website, a non-identifiable notice of that visit is generated which may be processed by TFP or by its suppliers. Web beacons usually work in conjunction with cookies. If customer does not want cookie information to be associated with customer's visits to these pages, customer can set its browser to turn off cookies; however, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.
- Collection of Non-Identifiable Information. TFP may collect non-identifiable information from user visits to the TFP Website(s) in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on TFP Website(s); Website and system administration; user analysis; and business decision making. Such information is sometimes known as "clickstream data." TFP or its contractors may use this data to analyze trends and statistics.
- Collection of Personal Information. TFP collects personal identifying information from customer during a transaction. TFP may extract some personally identifying information about that transaction in a non-identifiable format and combine it with other non-identifiable information, such as clickstream data. This information is used and analyzed only at an aggregate level (not at an individual level) to help TFP understand trends and patterns. This information is not reviewed at an individual level.
- Commitment to Online Security. TFP employs physical, electronic and managerial procedures to safeguard the security and integrity of personal information. Billing and payment data is encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online requests or complaints.
- No Liability for Acts of Third Parties. TFP will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, TFP shall not be liable for unauthorized disclosure of personal information due to no fault of TFP including, but not limited to, errors in transmission and unauthorized acts of TFP staff and third parties.
- Privacy Policy Changes and Opt-Out Rights.
- Changes to Privacy Policy. This privacy notice was last updated on June 22, 2024. TFP reserves the right to change its privacy policy statement at any time. A notice of any material change will be posted on the TFP Website on page TheFamilyPact.com/privacy.
- Opt-Out Right. Customer has the right at any time to cease permitting personal information to be collected, used or disclosed by TFP and/or by any third parties with whom TFP has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting TFP via e-mail at [email protected] or certified postal mail. After processing the cancellation, TFP will delete the customer's personal information from its marketing database.
- Information Maintained by TFP. Upon customer's request, TFP will provide a reasonable description of customer's personally identifiable information that TFP maintains in its data bank. TFP can be contacted by e-mail at [email protected], telephone at (214) 531-4348, or certified postal mail at 475 e fm 1382 #1225, Cedar Hill, 75104.
- Corrections and Changes to Personal Information. Help TFP to keep customer personal information accurate. If customer's personal information changes, or if customer notes an error upon review of customer information that TFP has on file, please promptly e-mail TFP at [email protected] and provide the new or correct information.
- Questions, Problems and Complaints. If you have a question about this policy statement, or a complaint about TFP compliance with this privacy policy, you may contact TFP by e-mail at [email protected]. If TFP is unable to resolve your complaint to your reasonable satisfaction or if customer does not receive acknowledgment of an inquiry, customer may elect to proceed by contacting [email protected].
- Terms of Use. If a customer chooses to pay for and/or utilize TFP's services, customer's action is hereby deemed acceptance of TFP practices described in this policy statement. Any dispute over privacy between customer and TFP is subject to the provisions of this notice and to TFP's Terms of Use Agreement which is hereby incorporated herein and which can be read at TheFamilyPact.com/terms.
RELEASE AND WAIVER OF LIABILITY AGREEMENT
WHEREAS, The Family Pact, LLC (“Company”) provides parent education and family
stabilization courses (the “Activity”) and is willing to permit the individuals (the “Invitees”)
signing this Agreement to participate in the Activity, upon the terms and conditions of this
Agreement. All or some of the Activity may take place on various properties. The Company and
Invitees may be collectively referred to as (the “Parties”).
In consideration for being provided the ability to participate in the Activity and enter the
Premises where in person Activity will be performed, each person signing below hereby
stipulates and agrees:
1. Results Not Guaranteed. You understand that, particularly with respect to Activity, we
cannot guarantee any expected outcome due to numerous and complicated factors which
exist. Accordingly, while we will always endeavor to use our best efforts in Activity, we
cannot guarantee a favorable outcome from the program. Invitee participation is not
contingent upon the ultimate outcome of the program.
2. Use of Premises for Activity Only. I understand and agree that I may only use the Premises
for the Activity set forth in this Release and Waiver of Liability agreement. I further agree
that I am responsible for the proper use and care of the Premises and any of Company’s
property thereon, and that I will be liable for the replacement cost of any Company
property/equipment which is damaged, destroyed or lost.
3. Assumption of Risk. I understand and acknowledge that the Activity I want to participate in
may involve the risk that I will sustain injury, temporary or permanent disability, death,
and/or property damage. I understand that the Activity may not be supervised and that the
Company does not provide medical services. I further acknowledge that any injury I may
sustain while participating in the Activity may be compounded by negligent or delayed
medical service or negligent or delayed assistance by the Company. I VOLUNTARILY
AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR
PURSUANT TO MY USE OF THE PREMISES AND PARTICPATION IN
ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH,
OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE
COMPANY.
4. Release from Liability. I HEREBY AGREE, ON BEHALF OF MYSELF, MY HEIRS
AND MY PERSONAL REPRESENTATIVES, TO FULLY AND FOREVER DISCHARGE
AND RELEASE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE
PARTNERS, AGENTS, OPERATORS, MANAGERS, EMPLOYEES, AND
REPRESENTATIVES (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS I
MAY HAVE OR HEREINAFTER HAVE FOR ANY INJURY, TEMPORARY OR
PERMANENT DISABILITY, DEATH, DAMAGES, LIABILITIES, EXPENSES AND/OR
CAUSES OF ACTION, NOW KNOWN OR HEREINAFTER KNOWN IN ANY
JURISDICTION IN THE WORLD, ATTRIBUTABLE OR RELATING IN ANY MANNER
TO MY ENTRY UPON AND USE OF THE PREMISES AND PARTICIPATION IN THE
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ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR
ANY OF THE RELEASED PARTIES OR BY ANY OTHER REASON. I
ACKNOWLEDGE AND AGREE THAT THIS RELEASE AND WAIVER OF LIABILITY
FOR A POTENTIALLY DANGEROUS ACTIVITY IS INTENDED TO BE, AND IS, A
COMPLETE RELEASE, AS MUCH AS ALLOWED BY LAW, OF ANY
RESPONSIBILITY OF THE RELEASED PARTIES FOR ALL PERSONAL INJURIES,
TEMPORARY OR PERMANENT DISABILITY, DEATH, AND/OR PROPERTY
DAMAGE SUSTAINED BY ME WHILE ON OR USING THE PREMISES OR
PARTICIPATING IN THE ACTIVITY.
5. Appearance Release. Invitee hereby grants to Company, subject to the terms hereof, the
non-transferable, non-sublicensable, non-exclusive right and license to photograph or
otherwise record me, and to edit, use, and reproduce my image, performance, voice, and/or
physical likeness, as well as my personal information, including but not limited to my name
and biographical information (individually and collectively, my "Likeness"), in whole or in
part, and on a perpetual and worldwide basis, but only in connection with Company's
business purpose including production, distribution and other exploitation that is subject to
intellectual property protection.
6. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or
initiate or assist in the prosecution of any claim for damages or cause of action against the
Released Parties which I or my heirs may have as a result of any personal injury, death or
property damage I may sustain while on or using the Premises or while participating in the
Activity.
7. Indemnification. I HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD
HARMLESS COMPANY AND THE RELEASED PARTIES FROM AND AGAINST ANY
THIRD-PARTY LOSSES, DAMAGES, ACTIONS, SUITS, CLAIMS, JUDGMENTS,
SETTLEMENTS, AWARDS, INTEREST, PENALTIES, EXPENSES (INCLUDING
REASONABLE ATTORNEYS’ FEES) AND COSTS OF ANY KIND FOR ANY
PERSONAL INJURY, LOSS OF LIFE OR DAMAGE TO PROPERTY SUSTAINED BY
REASON OF OR ARISING OUT OF MY USE OF THE PREMISES OR
PARTICIPATION IN ANY ACTIVITIES ON THE PREMISES.
8. Medical Treatment Release. I hereby authorize the Company to secure, and I consent to,
any medical treatment that may be given to me should the Company determine, in its sole
discretion, that I need medical care, as a result of my being on the Premises or from
participating in the Activity. I accept full responsibility for all costs related to my medical
treatment, including any transport costs, and I release all parties involved from any type of
liability for anything that may happen during my treatment or transport.
9. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely
responsible for any of my property and personal belongings that I bring onto the Premises or
that I use during the Activity, and that the Company will not be responsible for or provide
any security for my property and personal belongings.
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10. No Representations by Company. I acknowledge that Company makes no representation as
to the condition of the Premises or the safety of the Activity or any equipment either on the
Premises or used in the Activity. I accept and shall use the Premises, and its equipment, in its
“AS IS” condition. I acknowledge and agree that I am not relying upon any representation or
statement by the Company or the Company’s employees, agents, sponsors, or representatives
regarding this agreement or the Premises or Activity, except to the extent such
representations are expressly set forth in this agreement.
11. Governing Law and Venue. This Release and Waiver of Liability agreement will be
governed by and interpreted in accordance with the laws of the State of Texas, without giving
effect to the principles of conflicts of law of such state. I agree that any action arising out of
this Release and Waiver of Liability agreement must be brought exclusively in any state or
federal court located in Dallas County, Texas.
12. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement
shall be effective unless in writing, signed by an authorized representative of the waiving
party. The failure of any party to enforce any provision of this agreement shall not be
construed as a waiver or modification of such provision, or impairment of its right to enforce
such provision or any other provision of this agreement thereafter.
13. Survival. Any provision of this Release and Waiver of Liability agreement providing for
performance by either party after termination of this agreement shall survive such
termination and shall continue to be effective and enforceable.
14. Compliance with Laws, Regulations, and Rules. In the performance of the terms of this
Release and Waiver of Liability agreement and use of the Premises, the parties shall comply
with all applicable federal, state, regional and local laws, rules and regulations. Compliance
requirements includes COVID protocols based on Centers for Disease Control and
Prevention (CDC) guidance as well as maintenance of compliance with Section 105.009 of
the Texas Family Code relating to parent education and family stabilization courses.
15. Family Court Expense. Invitee acknowledges and agrees that if Invitee engages in any legal
action that causes Company to incur expense to maintain compliance with the Texas Family
Code, or to defend its legal rights in relation to the services rendered including but not
limited to: court filings of any type; witness and/or expert procurement, preparation, reports
and testimony; staff and/or vendor time beyond the allotted program sessions; reasonable
attorney fees and any other related expenses; then Invitee shall promptly pay Company
within twenty-four (24) hours of notice from the Company. Invitee acknowledges and agrees
that Company shall not be obligated to appear or respond to Invitee’s legal action without
prior payment of Company expenses by Invitee.
16. Enforcement Expenses. In the event of any dispute arising out of or relating to Activity or
this Agreement, including but not limited to interpretation, performance, breach, termination,
or enforcement, Company shall be entitled to recover from the Invitee all reasonable costs,
expenses, and attorneys' fees incurred in enforcing, attempting to enforce, or defending any
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of the terms, covenants, or conditions of this Agreement, including costs associated with any
action, suit, or proceeding, including appeal, brought by either party to enforce any right
under this Agreement or by the Company to defend its rights hereunder. Invitee shall
promptly pay Company within seven (7) days of notice from the Company. This provision
shall survive the termination of this Agreement.
17. Severability. If any provision or portion of this Release and Waiver of Liability agreement
shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the
remaining provisions or portions shall remain in full force and effect.
18. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement
between the parties with respect to the subject matter hereof and supersedes any prior
agreement or communications between the parties, whether written, oral, electronic, or
otherwise. No change, modification, amendment, or addition of or to this agreement shall be
valid unless in writing and signed by authorized representatives of the parties. This
agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal
representatives of the parties.
19. I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND
EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP
SIGNIFICANT LEGAL RIGHTS ON MINE, INCLUDING THE RIGHT TO SUE THE
COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I
HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS
AGREEMENT. I AM EIGHTEEN (18) YEARS OF AGE OR OLDER AND AS SUCH, I
LEGALLY HAVE THE RIGHT TO GRANT THE RIGHTS HEREIN GRANTED. THIS
RELEASE AND WAIVER OF LIABILITY AGREEMENT SHALL BE GOVERNED BY
THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF
LAWS PRINCIPLES.
By executing where indicated, each party agrees to the terms and conditions set forth above.
If you have any questions or concerns regarding these terms and conditions, please contact us at [email protected]