This Live Yoga Class and Q&A with Donna Farhi (the “Event”), sponsored by Yanka Industries, Inc. dba MasterClass (“MasterClass”), is open worldwide, except where prohibited (the “Eligibility Area”), to individuals, who, as of the date of their Registration (defined below), are eighteen (18) years of age or older and have an active MasterClass Membership linked to a valid email address.
- Registration for the Event starts at 5:00 AM (PDT) on Friday, August 13, 2021 (“Registration Starting Time”) and continues until all Event spots are filled.
- All eligible MasterClass members who wish to participate in the Event must log into their MasterClass account and submit a registration form for the Event (the “Registration Form”). Each person associated with a complete Registration Form shall be an “Candidate.” Each Candidate may only register for one (1) spot for the Event. Registration Forms may be submitted starting at the Registration Starting Time.
- All Candidates who meet eligibility criteria shall be awarded a spot for the Event until all Event spots are filled (each a “Attendee”). If a Candidate is ineligible for any reason whatsoever, or any communications regarding the Event is undeliverable for any reason, MasterClass may, in its sole discretion, determine an alternate Attendee or elect not to select an alternate Attendee.
By attending the Live Yoga Class portion of the Event, each Attendee certifies that they are in good physical health. Each Attendee agrees to follow their healthcare provider’s advice before initiating any new physical exercises and acknowledges and agrees to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises.
GRANT OF RIGHTS AND RELEASE.
In consideration for the Attendee’s participation in the Event, Attendee grants permission to MasterClass and each of its parent companies, affiliates, subsidiaries and successors, and the agents and licensees of each of the foregoing (all of the foregoing, the “MasterClass Entities”), the right, but not the obligation, to incorporate the materials set forth below, including any and all elements contained therein (collectively, the “Materials”), for use in and in connection with the production, distribution, exhibition, exploitation, advertising, marketing and promotion of the MasterClass’s product and services via any means now in existence or hereafter discovered, worldwide, in perpetuity, as well as advertising and promotion of the MasterClass’s products and services, worldwide, all media, in perpetuity.
The ”Materials” shall include: Attendee’s name, photograph, appearance, written statements, audio/visual materials, biographical information, testimonials, or other likeness, as well as any other items or information provided by Attendee to MasterClass for use in connection to this Event.
Attendee represents and warrants that: (i) the Attendee has the full right and authority, either as owner or as agent of the owner, to grant the rights granted in this agreement; (ii) the Materials are free and clear of any liens or other third party claims; (iii) any such use as authorized herein will not give rise to any claims of infringement, misappropriation, invasion of privacy or publicity, claims for payment of any monies such as re-use fees or residuals, or any other claims; and (iv) no third party permissions or licenses are required in connection with this agreement and/or any such use. Attendee agrees to indemnify, defend and hold the MasterClass harmless from and against any claims, damages or expenses (including reasonable costs and outside attorney’s fees) arising out of any use of the Materials, as well as a breach of this agreement and/or alleged breach of the representations and warranties provided herein.
LIMITATION OF LIABILITY.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Event Rules or the rights and obligations of Candidate and MasterClass in connection with the Event will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. By registering for the Event, Candidate hereby submit to the jurisdiction and venue of the federal and state courts of San Francisco County, California, United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. By registering for the Event, Candidate agrees that to the extent permitted by applicable law any and all disputes, claims, and causes of action arising out of or connected with the Event will be resolved individually, without resort to any form of class action; any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred (if any) not to exceed twenty dollars ($20.00), but in no event will attorneys’ fees be awarded or recoverable; under no circumstances will any Candidate be permitted to obtain any award for, and Candidate hereby knowingly and expressly waives all rights to seek, punitive, incidental, consequential, or special damages, lost profits and/or any other damages, other than actual out-of-pocket expenses not to exceed twenty dollars ($20.00), and/or any rights to have damages multiplied or otherwise increased; and Candidate’s remedies are limited to a claim for money damages, if any, and Candidate irrevocably waives any right to seek injunctive or equitable relief.
In consideration for the Attendee’s participation in the Event, Attendee agrees, on behalf of and for Attendee’s heirs, executors, administrators, representatives, guardians and assigns (collectively, “Representatives”), to hold each of the MasterClass Entities and their advertising, marketing and promotion agencies, all other companies involved in the development, marketing or operation of the Event and the directors, officers, employees and assigns of all of the foregoing (all of them, the “Released Parties”), harmless from and against any and all claims and liability arising out of the operation of the Event, Attendee’s participation in the Event, or the use of Attendee’s name, biographical information, likeness, voice, and/or statements, including without limitation any and all claims and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any Candidate or any other person or (b) based upon any allegation of violation of the right of privacy or right of publicity, copyright infringement, misappropriation or violation of any other personal or proprietary right. Attendee assumes all liability for any injury or damage caused, or claimed to be caused, by Attendee’s participation in the Event.
In consideration for the Attendee’s participation in the Event, on behalf of Attendee and each of Attendee’s Representatives, Attendee hereby waives, to the maximum extent permitted by applicable law, any and all rights Attendee may have under Section 1542 of the Civil Code of California, and every like provision in any other jurisdiction. Section 1542 provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Decisions made by MasterClass in all matters regarding the Event shall be final and binding. Limit one (1) event spot per person. Employees of MasterClass and their immediate family members are not eligible. Each Attendee will be notified by email and must meet all eligibility requirements (as set forth above), including confirmation that they have provided the necessary information in the Registration Form. If a dispute arises regarding who submitted a Registration Form, the registration will be deemed submitted by the holder of the email account associated with the MasterClass account, as determined solely by MasterClass account records. MasterClass is not responsible for communications that are undeliverable for reasons beyond MasterClass’ direct control. Upon MasterClass’s request, Candidate agrees to sign any additional documents required by MasterClass in connection with the Event. All federal, state, and local laws and regulations apply. Void wherever prohibited or restricted by law.
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