Enlightened Wealth Institute
Participant’s Disclaimer, Release and Indemnity
1. Disclaimer and Standard Terms. As an inducement to the Principals (defined
below), to accept Participant’s participation in the “Training,” which may include
boot camps, workshops, seminars, conferences calls, mentor training and internet
service. Participant expressly acknowledges and agrees that nothing in this document
or any other written or oral communication relating to the Training, or any materials
promulgated or distributed with respect to the Training constitute a representation
or guarantee that Participant shall become a millionaire or obtain the financial
success, or realize Participant’s business expectations as a result of the Training
or use of the materials. The Training is provided for information only to the Participants,
and no representation or warranty of any kind regarding specific or general benefits,
monetary or otherwise, was or has been made by the Training and/or its principals,
agents, and employees, including, without limitation, Enlightened Wealth Institute,
LC (“EWI”), Robert G. Allen, and Thomas R. Painter, and their respective affiliated
companies (individually and collectively, the “Principals”). Participant acknowledges
that neither the Training, the materials, nor the Principals are responsible for
Participant’s business success or failure, for Participant’s acts of omissions,
or the appropriateness of Participant’s business decisions made currently or subsequently.
Any products, materials, and/or services provided by the training are provided on
an “as is basis,” without warranty of any kind, including but not limited to implied
warranties of merchantability and fitness for a particular purpose, all of which
are hereby specifically disclaimed.
Participant acknowledges and agrees that the confidentiality of any business ideas,
plans, proprietary ideas and/or concepts (collectively, “Property”) revealed by
Participant to other participants of the Training, including the Principals, cannot
be assured. Participant therefore acknowledges that with respect thereto the Principals
shall have no liability whatsoever, nor any obligation to enforce or disclose the
confidentiality (if any) of Participant’s Property on behalf of Participant or otherwise.
2. Real Estate Disclaimer. Training is provided for educational purposes
only. If in the course of training Participant is exposed to possible real estate
transactions, it is Participant’s sole responsibility to evaluate them through due
diligence and to seek independent advice from real estate agents, appraisers, attorneys,
accountants, and mortgage brokers. Participant’s own actions will affect whether
Participant is successful or not. Neither Principals nor the Training recommends,
provides or guarantees any investment or real estate transaction.
3. Release. Participant hereby releases the Training and the Principals from,
and agrees and covenants, that Participant will not sue the Principals on account
of any and all claims or causes of action in connection with or related to the Training
and/or Participant’s participation therein, and in no event shall the Training or
the Principals be liable for any punitive damages, incidental, or consequential
damages whatsoever, arising from such matters, including, without limitation, bodily
injury, emotional distress, property damage, and/or wrongful death. Participant
acknowledges that the limitations of its remedies provided for herein do not fail
of their essential purpose and that it is not unconscionable for the Training and
the Principals to seek and obtain such limitations of its and their financial exposure
to Participant.
4. Indemnity. Participant hereby agrees to and does indemnify the Principals
and holds them, and each of them, harmless from and will defend them against any
and all claims, judgments, liabilities, expenses and damages (including attorneys’
fees and costs) arising out of or in connection with any breach by Participant of
its obligations, agreements or covenants hereunder, and any acts or omissions or
otherwise, shall be exclusively arbitrated in Utah County, State of Utah, in accordance
with the then prevailing Rules & Regulations of the American Arbitration Association,
which proceedings shall be final and binding, and strictly confidential. Neither
the existence of such proceedings or results thereof shall be disclosed to any third
party, unless expressly required by law.
5. Acknowledgment; General Terms. Participant acknowledges that Participant’s
participation in the Training may require physical and/or mental exertion and may
present certain substantial risks and dangers to the Participant, including but
not limited to, the risk of death, severe physical or emotional injury, including
severe bodily harm, and/or illness. Participant represents and warrants that Participant
is in good physical condition, has reviewed thoroughly all aspects of the Training,
and fully and completely assumes each and every risk associated therewith without
liability of any type whatsoever to the Principals. Participant further warrants
and represents that Participant maintains, or has obtained, with respect to Participant’s
participation in the Training any and all general liability insurance, health insurance,
travel insurance, and the like of which Participant is the insured, for the benefit
of Participant and/or Participant’s heirs, successors and assigns, and that neither
the Training nor the Principals maintain, or have obtained, insurance with respect
to the Training and Participant’s participation therein for the benefit of the Participant.