b*free cohort agreement
We are delighted that you are interested in participating in the b*free program (the “Program”), and excited to take this journey with you. At b*free, we believe that clear and mutual expectations about our commitment to You and your commitment to Us will help us set the stage for a powerful and rewarding relationship and experience together. To that end, please carefully review this Cohort Member Agreement (the “Agreement”), which sets forth the rights and obligations of Alight LLC (provider of the b*free program, hereinafter referred to as “Alight” or “b*free”) and you, as a Cohort Member (“Cohort Member” or “You”).
You and b*free agree as follows:
The schedule of the Program (the “Cohort Schedule”) is available on the b*free website and will be emailed to you. You confirm that you have been notified of the Cohort Schedule, and that content delivery days, times for coaching calls, and other events have been set and are not subject to change except in extreme circumstances.
165 Allen Street
New York, NY 10002
The Participation Fee is $2700.00.
You may withdraw from the Program at anytime by emailing the Program Director Nita Baum at email@example.com. You must notify b*free of your withdrawal accordingly, Your absence from any event during the Program will not be considered a withdrawal. In the event of Your withdrawal, your Participation Fee will be refunded according the following schedule:
If You withdraw more than 15 days before the start of the first day full day of content delivery, You will receive a refund of $2500.
If You withdraw within 15 days or less before the start of first day of content delivery, You will receive a refund of $1350.
If You withdraw on or after the first full day of content delivery, but before the third, You will receive a refund of $500.
Withdrawals on or subsequent to the third full day of content deliver will not entitle You to a refund.
During the course of the program, b*free may take photos and video to document the proceedings, and may use such photos and videos for its internal business purposes and for the purpose of marketing the program on the b*free website, or elsewhere. You acknowledge that your image/likeness may be recorded in the process, and hereby grant b*free the permission to use any and all photos or video recordings for the purposes detailed above, without further authorization from You. You may revoke this permission, as it pertains to marketing purposes, at any time by sending an email to the Program Director, Nita Baum (firstname.lastname@example.org).
Waiver of Liability, Assumption of Risk and Indemnity
The b*free program may include sessions wherein session facilitators lead the cohort in light physical activity, such as light stretching, meditation, and associated activities (the “Physical Activities”). You understand and agree that your participation in the Physical Activities is completely voluntary and is undertaken at your own risk, and in accordance with the following terms:
Waiver: In consideration of being permitted to participate in any way in hereinafter called Physical Activities You, for yourself, your heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Alight LLC, its officers, employees, contractors and agents from liability from any and all claims including the negligence of Alight LLC, its officers, employees and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in the physical Activities.
Assumption of Risks: Participation in the Physical Activities carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death.
You confirm that you have read the previous paragraphs and You know, understand, and appreciate these and other risks that are inherent in The Physical Activities. You hereby assert that your participation is voluntary and that You knowingly assume all such risks.
Indemnification and Hold Harmless: You also agree to INDEMNIFY AND HOLD Alight LLC AND ITS REPRESENTATIVES HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in The Physical Activities and to reimburse Alight for any such expenses incurred.
Severability: You further expressly agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: You have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that You are giving up substantial rights, including Your right to sue. You acknowledge that You are signing the agreement freely andvoluntarily, and intend this Agreement to be a complete and unconditional release of all liability to the greatest extent allowed by law.
General Information Disclaimer
Alight LLC provides the b*free program, and all of the content disseminated therein, as general information only. You understand and agree that any and all content provided during the program, whether verbally, in writing or otherwise, shall not be considered investment, tax, legal, or other form of advice and is NOT meant to be treated as a substitute for the advice of a professional, such as an attorney, accountant, or other licensed professional who may provide advice concerning your specific situation. Furthermore, You understand and agree that no attorney-client relationship or any other privileged, fiduciary, and/or professional relationship shall be created between you and Alight LLC or any representative of the Program due to your participation in the program.
Use of Program Materials
b*free may provide you with take-away materials regarding course content, further reading, outside resource information and other collateral during the course of the Program. Any collateral marked as being the property Alight of b*free or copyrighted by Alight or b*free are intended for your personal use only (the “b*free Materials”). Accordingly, You agree not to copy, publish, post, or otherwise disseminate the b*free materials to the general public, and you agree that you will take reasonable steps to prevent the unintentional dissemination of the same.
Limit of Liability, Dispute resolution, and Jurisdiction
You understand and agree that the Alight LLC’s liability with regard to any claim arising from Your participation in the b*free program shall be limited to the amount of the Participation Fee.
This Agreement shall be governed in all respects by the laws of the State of New York, excluding the choice of law rules thereof. Parties shall endeavor to resolve any controversy or claim relating to this Agreement through mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. Failing mediation, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Expedited Procedures and Rules of the American Arbitration Association by a single arbitrator and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof; provided, however, that nothing in this paragraph shall prevent Alight LLC from commencing judicial proceedings for injunctive or other equitable relief. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee and, as stated above, no award of consequential or other damages may be granted to the Client. A mediation or arbitration under this Agreement shall be conducted in New York City.