BY COMPLETING THE REGISTRATION FORM FOR A PARTICULAR WORKSHOP, YOU ARE APPROVING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. YOU WILL ENSURE THAT YOUR EMPLOYEES, PARTNERS, AGENTS YOUR BEHALF SHALL AGREE TO THIS DOCUMENT. PLEASE READ CAREFULLY.
In consideration of PinterEC Technology Projects Inc. (the “Company”) permitting the Participant named herein to participate in the various activities, events, consulting services, discussion on Company channels, such as Slack, and other group discussion events (collectively, the “Workshop”) arranged by the Company, and for other and valuable consideration, the Participant agrees to all the terms and conditions set forth in this Agreement.
1. IP Protections:
a. Relation of the Parties: In order for the Company to provide its services to conduct the Workshops, it may be necessary for the Company and/or the Participants (collectively “Parties”) to disclose Confidential Information to each other. Furthermore, in order for all Participants to obtain the maximum benefit of the Workshop, each Participant must be willing to disclose Confidential Information in free-flowing exchange with other Participants or the Company.
b. Confidential Information:
- Confidential Information means any information disclosed by the Parties, or third party Participants, in any manner, in any form, at any time during the Workshop, regarding Background Intellectual Property. Confidential Information does not inherently include Developed Intellectual Property.
- Background Intellectual Property means Intellectual Property that is (i) in existence prior to the start date of the Workshop or (ii) is designed, developed or licensed by a Participant after the start date of the Workshop independently of the work done in connection with the Workshop. Any information disclosed between the Parties, or third party Participants, is considered confidential, unless otherwise agreed upon.
- Developed Intellectual Property means all Intellectual Property that is made, invented, created, conceived, or reduced to practice as a result of the work done or in connection to the Workshop.
c. Facilitation of a Collaborative Environment: The Participant acknowledges and confirms that in order for the Workshop to function, and all Participants to benefit from their participation in the Workshop, they will be required to disclose Confidential Information during the Workshop. The Participant covenant to respect the Ownership of Confidential Information while assisting in furthering the development of Developed Intellectual Property. This respect is in consideration for other Participant’s respect and assistance in regards to their own Confidential Information.
d. Consideration for Confidentiality and Free Exchange of Ideas: The Participant acknowledges and confirms that in exchange for the protection of their Confidential Information, they are expected to provide free exchange of ideas regarding other Participants’ Confidential Information. This free exchange can only be in operations if all Participants and the Company respect and keep the Confidential Information confidential as described in the terms of this Section. The Participant acknowledges and understands that this agreement is in the benefit of their interests as well as the interests of other Participants.
e. Ownership of Confidential Information:
- The Receiving Party acknowledges and confirms that ownership of the Confidential Information including all Intellectual Property Rights in the Confidential Information remains vested in and under the control of Disclosing Party.
- The Parties acknowledge and confirm that the ownership of Developed Intellectual Property will be allocated in respects to the primary origin of the Developed Intellectual Property.
f. No Rights Granted: This Agreement does not constitute a grant, intention or commitment to grant any right, license, title or interest in any product, innovation, intellectual property, or Confidential Information, from the discloser to the recipient.
g. Covenant of Confidentiality: At all times once Confidential Information has been disclosed, the Parties will keep confidential and will not make use of or disclose the Confidential Information to any party external to the Workshop for the term of this Agreement, for any purpose except to evaluate and engage in discussions, and contribute to an environment of trust within and surrounding the Workshop.
h. No Warranty: ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS”. NEITHER PARTY, OR THIRD PARTY, MAKES ANY WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, REGARDING THE ACCURACY, COMPLETENESS, OR FITNESS FOR ANY PURPOSE OF ANY CONFIDENTIAL INFORMATION.
i. Surviving Obligations: The Parties obligations hereunder will survive until the earliest of either i) three (3) years after the termination of this Agreement or ii) the date all Confidential Information becomes publicly known and generally available through no action or inaction of the applicable Party.
j. Waiver: Any waiver by either Party of any subsection of this Section or of any breach of the other Party must be expressly stated in writing. No expressed or implied waiver by either Party of any subsection of this Section or of any breach of the other Party is a continuing waiver unless expressly so stated in writing.
2. Personal Information and Use of Data:
a. By submitting registration details, Participants agree to allow the Company to contact them regarding their services. Participants who do not wish to receive such communications must contact the Company.
b. The Participant hereby grants the Company permission to use, modify, reproduce, distribute, publicly perform and display, in any form known or later developed, the Participant’s Image throughout the world by incorporating it or them into publications, catalogues, brochures, books, magazines, photo exhibits, motion pictures, and/or other media, or commercial, informational, educational, advertising, or promotional materials thereto (together “Works”). The Participant waives any rights to inspect of approve any Works that may be created using the Participant’s Image, and waive any claim with respect to the eventual use of the Participant’s Image may be applied. The Participant agrees that the Company is and shall be the exclusive owner of all rights, title, and interests including copyright, in the Works, and that the Participant will not receive payment for any use of the Image.
3. Liability Waiver: THE COMPANY IS NOT RESPONSIBLE FOR ANY INJURY, LOSS, DAMAGE THAT MAY OCCUR TO THE PARTICIPANT OR PARTICIPANT’S PROPERTY, FROM ANY CAUSE WHATSOEVER. THE RIGHTS OF THE COMPANY SHALL NOT BE WAIVED AT ANY TIME.
Participant hereby indemnifies and agrees to hold harmless the Company and its affiliates, officers, employees and directors against any and all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including but not limited to reasonable attorney’s fees and the costs of any investigations) directly or indirectly arising from or in any way connected with i) participation within the Workshop; ii) any breach or default under the terms and conditions of this Agreement by the Participant; iii) any negligence, gross negligence or willful misconduct on or on behalf of the Participant.
a. All bookings made prior to the Workshop must be paid in full to guarantee registration. Payments must be received and processed by the Start of the Workshop or registration will be cancelled.
b. All Payments are to be made in $CDN, unless otherwise approved by the sole discretion of the Company.
6. Cancellation and Refund Policy:
a. If the Participant wishes to cancel a confirmed booking, the Participant may do so by notifying the Company through writing.
b. In the event of cancellation in accordance with the above subsection, the following scale of refunds shall apply:
- If the cancellation occurs prior to the Workshop, full refund may be available at the discretion of the Company.
- If the cancellation occurs after the Start of the Workshop, no refund will be available.
c. For the purpose of section 5 and 6, the Start of the Workshop is defined as the time the Participant receives course materials from the Company for the purpose of the Workshop.
- In the event the specific Workshop does not require course materials to be sent out in advance, the start of the Workshop is to be considered the start time of the first scheduled activity, virtual or in-person, as communicated by the Company.
7. Participation and Behaviour:
The Company reserves the right to remove the Participant from the Workshop in the event the Participant acts in a manner contrary to the integrity of a positive community, or in any way which can be considered, in the discretion of the Company, is likely to cause harm or nuisance to any person at the Workshop. If the Participant is removed due to behaviour contained within this section, NO REFUND will be made available.
8. Photography and filming
We may wish to photograph or film the Workshop and reserve the right to do so for the purposes of promoting future workshops or otherwise. You consent to us (or any other person attending the Workshop) photographing or filming you and any persons attending the Workshop with you. You may not photograph or video the Workshop without our prior consent.
9. Disability, medical conditions, and dietary restrictions:
It is the responsibility of the Participant to ensure the Company has notice of any disability, medical condition, or dietary restriction that may impact the Participant’s participation within the Workshop. This notice must be provided at least two (2) weeks prior to the start of the Workshop, in order to allow reasonable time to adjust.
10. Force Majeure:
Neither Party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labour disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, pandemic or acts of god, in which event the non-performing party shall be excused from its obligations for the period of the delay and for a reasonable time thereafter. Each Party shall use reasonable efforts to notify the other Party of the occurrence of such an event within three (3) business days of its occurrence.
11. Choice of Law:
This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the laws of Alberta.
12. Entire Agreement:
This Agreement and any documents entered into pursuant to it constitutes the entire agreement between the Parties and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral, in respect of its subject matter.
13. General Warranties and Disclaimer:
a. The Company reserves the rights to change, amend, add or remove any aspect of the Agreement in its sole discretion and without prior notice. If one or more of the provisions becomes invalid, the other provisions of this Agreement shall continue to be valid and apply.
Each term and provision of this Agreement that should by its sense and context survive and termination or expiration of this Agreement shall so survive regardless of the cause and even if resulting from the breach of either Party to this Agreement.