Fire and Soul Academy Agreement
This Agreement is made as of August 2024, by and between Student/Participant (hereinafter referred to as “You(r),” “Student,” and/or “Participant”), on the one hand, and Michelle Sorro and Michelle Sorro, Inc. (herein after sometimes referred to as “Michelle Sorro and/or “MS”) and their respective officers, employees, directors, members, agents, trainers, assistants, guest facilitators, affiliates, designees, licensees, consultants, and other representatives (sometimes collectively referred to herein as the “COMPANY”), on the other, concerning Your participation in Michelle Sorro's Six Week Program and/or the Fire and Soul Academy Accelerated (hereinafter referred to collectively as the “TRAINING” ).
In consideration of the mutual promises set forth herein, Student and Company hereby agree as follows:
The total tuition for the TRAINING is $999. Your enrollment and seat is secured upon the Company's receipt of your payment.
TRAINING: The TRAINING shall be delivered by COMPANY. The TRAINING includes six (6) 90-minute group sessions via Zoom over the course of the TRAINING with Michelle Sorro.
CANCELLATION: There are a limited number of available spaces in the TRAINING. Upon Your enrollment, Company guarantees your space and may have to turn others away. Therefore, if you wish to cancel this Agreement, you must do so no later than seven (7) calendar days before the start of the TRAINING by sending Notice of Cancellation via email to [email protected]. Within 60 days of receipt of said Notice of Cancellation, Company shall refund all payments made.
If You cancel at any other time including during the TRAINING, You acknowledge and agree that Your space in and access to the TRAINING is not transferable to a third person and that You remain responsible for all remaining payments due under this Agreement.
If You wish to defer your enrollment to a later date, you must submit a request via email to [email protected] with your reason for the request. Deferment is at the sole discretion of the COMPANY and will be evaluated on a case-by-case basis. You may only defer to the next round of the TRAINING.
If you are granted deferment, you will be responsible for continuing scheduled payments. In the event that the round you have deferred has increased in price, you will be responsible for paying the difference. The COMPANY will contact you to set that up on a case-by-case basis.
You hereby acknowledge and agree that in the event of cancellation after the commencement of the TRAINING, COMPANY has sole discretion to determine whether to refund any payments previously made.
YOU ARE PURCHASING A PROGRAM FOR EDUCATIONAL PURPOSES:
You understand that You are participating in an educational program and associated educational materials delivered in a group format. Not all of the materials provided, and not all of the methods discussed will be entirely applicable for you or your particular business activities or personal situation. You acknowledge that Michelle Sorro and the COMPANY cannot be aware of all the particulars surrounding your business and individual actions; you will, therefore, adapt, to your situation and of your own volition, any advice you receive or that you hear given to other participants. You understand that the information that you collect in the TRAINING will not be all the information that exists on the subjects discussed in the TRAINING, but is merely meant to complement, amplify and supplement your existing knowledge and your current work, and direct you to other available information. You agree that the COMPANY may, at their sole discretion, change, delete, add to and substitute the educational content and materials of the TRAINING, and change, substitute, add to, or schedule differently any portion of the TRAINING described in marketing materials or otherwise conveyed to you. You understand that the TRAINING is an educational process of seeing into yourself and others, specific behavior patterns, and gain clearer, more intuitive knowledge. In the process of this TRAINING, you may become aware of certain things and may make realizations and conclusions about your personality or the personality of others. You willingly choose to attend this TRAINING and accept and take full responsibility for what you may learn, your actions, and feelings that may occur during and after the TRAINING. You understand that the COMPANY is not practicing any kind or type of psychological therapy or counseling, and the COMPANY is in no way responsible or liable for the results or outcome that you may receive from the TRAINING. You understand that this TRAINING is not a treatment or therapy for any physical, mental, or psychological problems of you or of others.
NO PROMISES ARE BEING MADE THAT YOU WILL EARN MONEY OR ACHIEVE SUCCESS:
COMPANY does not warrant or guarantee you will make revenue or achieve any particular level of success from your participation in the TRAINING. You expressly acknowledge that no promises have been made to you, either express or implied, verbal or written or otherwise, regarding any level of success you might attain, any income you might earn, any change in you or your client’s lives due to your participation in the TRAINING, or any fees you might receive back, including any deposit, tuition, taxes, or other monies you might have paid. You acknowledge that hard work and discipline are required to get the full value of the TRAINING.
LIABILITY FOR DAMAGES: You hereby expressly waive and release any and all claims, now known or hereafter, known in any jurisdiction or venue throughout the world, against MS and the COMPANY, in any way related to your participation in the TRAINING, including but not limited to claims for personal injury, emotional, psychological, or economic injury, property damage, or any other injury or damage, whether arising out of the negligence of COMPANY or attendees of the TRAINING or otherwise. You covenant not to make or bring any such claim against COMPANY and forever release and discharge COMPANY from liability for such claims.
INDEMNIFICATION: To the fullest extent of the law, YOU shall indemnify, defend and hold harmless MS and COMPANY, and their officers, employees, agents, representatives, consultants, and contractors from and against any and all loss, costs, penalties, fines, damages, claims, expenses (including attorney’s fees) or liabilities arising out of, resulting from, or in connection with the TRAINING, including but not limited to the negligent or other wrongful acts of any third parties, such as attendees who participate in the TRAINING.
VENUE, JURISDICTION, AND CHOICE OF LAW: The parties hereto agree that exclusive venue for any litigation, action, or proceeding arising from or relating to this Agreement shall lie in the County of Los Angeles, State of California, and each of the parties hereto expressly waives any right to contest such venue for any reason whatsoever. If You institute, maintain or otherwise bring an action against COMPANY outside Los Angeles County, California, You shall be responsible for all legal fees and expenses of the COMPANY incurred in obtaining a court order transferring the action to Los Angeles, California. California law shall govern all disputes between the Parties.
YOUR PARTICIPATION MAY BE TERMINATED: The COMPANY reserves the right, in its sole discretion, to terminate the participation of any student in the TRAINING, at any time. In such case, the student will be notified of the termination, and the student will be required to return all content and materials from the TRAINING and will be prohibited from using such materials.
YOU ARE ALLOWING THE COMPANY TO RECORD YOUR PARTICIPATION AND USE YOUR
COMMUNICATION: You understand and agree that the COMPANY may choose to record audio, video alternatively, photograph your participation in the TRAINING, as well as record or document group conference calls and other forms of communication, both verbal and written during the time you interact with the COMPANY and the TRAINING (collectively, “Recordings”). You consent to the COMPANY’s use of your name, image, likeness, appearance, city, and state of residence, professional designation or occupation, statements, testimonials, content, anything you may say or show, and your general participation, in whole or in part, in any such. Recordings, materials, and testimonials you give the Company or other derivative materials based on them, in any format now known or devised in future, in any geographic location, and you understand that the COMPANY will have the right to use the Recordings for educational, promotional and commercial applications, including but not limited to “for sale” products. The COMPANY has no obligation whatsoever to use all or any part of your participation in such Recordings or review the Recordings with you and may edit any Recordings at their sole discretion. You agree that the COMPANY shall own all right, title and interest, including copyrights, in and to such Recordings, with worldwide rights to reproduce, distribute, prepare derivative works based on, publicly perform and display, advertise, publicize your participation in such Recordings, and use such Recordings in their sole discretion, without any input from you, or compensation or credit to you. We ask that all participants in the TRAINING refrain from taking photos and videos in the training room. You acknowledge that although we make this request, we are not legally responsible for students who might break this guideline.
COPYRIGHTS AND TRADEMARKS: You understand that the COMPANY owns all copyrights and trademarks in and to the TRAINING including but not limited to all materials, written and otherwise, provided to you and the other participants in connection with the TRAINING.
USE OF COMPANY OWNED MATERIALS: You are prohibited from using Michelle Sorro’s name, image, likeness, logo(s) or trademark(s) or written materials without written permission from Michelle Sorro. You are not permitted to use any of the COMPANY’S copyrighted materials in your marketing or for any other purpose.
YOUR AGREEMENT OF CONFIDENTIALITY: You understand that the TRAINING is an educational process and part of this process may involve learning, hearing, seeing, or general disclosure by the COMPANY, students, participants, and others involved with the TRAINING of certain information that may be considered confidential in nature, including but not limited to, personal stories, data, business plans, concepts for new products and books, etc (“Confidential Information”). You agree not to disclose any such Confidential Information. Your obligation of confidentiality and non-disclosure shall not apply to information which: (a) is or becomes generally known to the public; (b) is acquired by you from a third party not bound by this Confidentiality Agreement; (c) is received from a third party authorized to disclose the Information without restriction; or (d) is required by law, regulation or valid court or governmental agency order to disclose. This Confidentiality provision and YOUR agreement of confidentiality does not apply to the use of information by the COMPANY pursuant to the paragraph above labeled: YOU ARE ALLOWING THE COMPANY TO RECORD YOUR PARTICIPATION AND USE YOUR COMMUNICATION. The COMPANY will use its discretion in recording your participation and using your communications. However, the COMPANY cannot guarantee the discretion of those outside its control, and thus, all participants agree to confidentiality as defined within the paragraph.
GENERAL PROVISIONS:
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns, without limitation.
The parties represent and warrant that the signatory below is authorized to do so and thereby binds such party to the terms of this Agreement.
This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matters addressed herein and shall supersede all prior written and oral agreements concerning such subject matters.
This Agreement may not be amended, modified, or otherwise changed in any respect whatsoever except by a writing duly executed by authorized representatives of the COMPANY.
Each party acknowledges that it has read this Agreement, fully understands all of its terms and conditions, and executes this document freely, voluntarily, and with full knowledge of its significance.
This Agreement may be executed in counterparts, including by facsimile or “pdf”, and such counterparts together shall constitute but one original hereof. Each counterpart shall be equally admissible in evidence, and each original shall fully bind each party who has executed it.
OFFICIAL GIVEAWAY TERMS AND CONDITIONS
Participation in the SWEEPSTAKES (the “Sweepstakes”) constitutes your agreement to be bound by these Official Rules (“Official Rules”).
ALL APPLICABLE LAWS AND REGULATIONS APPLY. PARTICIPATION IN THE SWEEPSTAKES IS VOID WHERE PROHIBITED.
Sweepstakes Period: The Sweepstakes begins on the 4th day of March, 2021 and ends the 12th day of March, 2021 (the “Sweepstakes Period”).
Sponsor: The Podcast Accelerator is the sponsor of the Sweepstakes (the “Sponsor”). The Sponsor’s address is 1115 Broadway Suite 1156, New York, NY 10010.
How to Enter: You may submit one (1) Sweepstakes entry during the Sweepstakes Period by purchasing the “Pay in Full” option for the March 2021 round of The Podcast Accelerator course. This is one entry (“Entry”). Internet access required.
LIMIT OF ONE (1) ENTRY PER PURCHASE OF COURSE. All requirements listed in the applicable Entry Announcement and Official Rules must be completed in full for an entry to be considered valid. Any attempted form of entry other than as described in the applicable Entry Announcement and herein is void. Entries in violation of these Official Rules, as determined by Sponsor in its sole discretion, will be disqualified. Entries must be received by the time indicated in the applicable Entry Announcement. Any entry that includes illegal, false, or fraudulent information, obscenities, objectionable materials, or which defames or invades the publicity or privacy rights of any person, living or deceased, or otherwise infringes upon any third party’s personal or proprietary rights, publicity rights, as determined by Sponsor in its sole discretion, will be disqualified. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, Facebook accounts, registrations and logins, or any other methods will void such entries and that entrant may be disqualified, as determined by Sponsor in its sole discretion. Entries that are late, incomplete, misdirected, illegible or corrupted are void and will not be accepted or eligible to win. The sole determinant of time for the purposes of receipt of a valid entry in a Sweepstakes will be determined by Sponsor. Proof of submission (screen captures, etc.) does not constitute proof of entry. All entries become property of the Sponsor and will not be returned. If you enter the Sweepstakes, you hereby irrevocably consent to Sponsor’s use of the text, photo, and/or video in any publicity or advertising carried out by Sponsor or any related entities in any media without territorial or time limitation, except where prohibited by law, without any additional permission or approval, without notification, and without compensation to you, you heirs, or assigns. If you participate via your wireless phone, message and data rates may apply. Please consult your wireless-service provider regarding its message and data pricing plans.
By entering the Sweepstakes in accordance with the entry process described above, you will be registering to receive email communication from The Podcast Accelerator, and agree that your registration and any other information collected in connection with the Sweepstakes may be used by then.
Eligibility: To participate in the Sweepstakes you must be eighteen (18) years of age or older at the time of entry and have, as of the start of the Sweepstakes, internet access. Employees, officers, and directors, and their immediate family members, of the Sponsor, and are not eligible to participate in the Sweepstakes. Only current residents of the United States of America are eligible to enter.
Entry: Entrants hereby acknowledge and agree that the relationship between entrant and the Sponsor and/or any Sweepstakes Partner is not a confidential, fiduciary, or other special relationship, and that entrant’s decision to provide the Entry to the Sponsor for purposes of the Sweepstakes does not place the Sponsor and/or any Sweepstakes Partner in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules.
Prizes; Disclaimer Warranties; Release from Liability: One (1) potential winner will be selected at random from the pool of eligible entries at the close of the Sweepstakes Period. The winner will receive:
- Roundtrip Flights to the giveaway destination for one person. Less than or equal to $500 US dollars.
- Hotel accommodations for two (2) nights. Less than or equal to $500
- 6 hours at $120 USD per hour of Studio Time at Metro Podcast Studio, at 1115 Broadway Suite 1156, New York, NY 10010, including additional $540 worth of Studio Cost.
- 1.5 hour lunch with Ginni Saraswati
Prize must be utilized prior to the 30th day of November, 2021 (“Expiration Date”). Prize will be void if utilized after Expiration Date.
No substitution or cash equivalent of any prize is permitted except that if the prize is not reasonably available, the Sponsor may substitute the prize with one of equal or greater value. All prizes awarded are subject to the restrictions and limitations noted in these Official Rules, on the prizes and/or included with the prizes and the winner must abide by all such limitations and restrictions. Winners agree to accept their prize “as is” without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. The Sponsor has the right to resolve any concerns, questions, or complaints related to the prizes in its sole discretion. Each winner is solely responsible for any and all federal, state and/or local taxes, fees, and any other costs in connection with receipt of the prize. IN NO EVENT WILL SPONSOR BE HELD LIABLE FOR ANY WARRANTY, COSTS, DAMAGE, INJURY, OR ANY OTHER CLAIMS IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO USE OR MISUSE OF THE PRIZE.
Selection of Winners; Odds of Winning: One (1) prize winner will be selected at random from the pool of eligible entries at the close of the Sweepstakes Period. By participating in the Sweepstakes, you agree that the decisions of the Sponsor are final and binding in all respects. Odds of winning a prize depend on the number of eligible entries received. All decisions of Sponsor are final in all matters, including determination of the Sweepstakes winners, interpretation of these Official Rules, and awarding of prizes. PLEASE NOTE THAT EVEN IF YOUR ENTRY QUALIFIES YOU AS A POTENTIAL WINNER AT THE CLOSE OF THE SWEEPSTAKES, YOU HAVE NOT YET WON A PRIZE. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE AN ENTRANT WILL BE CONFIRMED AS A WINNER AND A PRIZE WILL BE AWARDED.
Notification: The potential winner (the “Potential Winner”) will receive a direct message from the Sponsor within fourteen (14) business days following the expiration of the Sweepstakes Period. The Potential Winner will have seventy-two hours (72) hours from the initial message from the Sponsor to respond and claim their prize. If the Potential Winner does not respond within the seventy-two (72) hour period, then the Potential Winner will forfeit the prize and the Sponsor will contact the next Potential Winner. By entering and/or accepting a prize, you agree to be bound by these rules and to release Sponsor from any and all liability arising out of your participation in this Sweepstakes with respect to the awarding, receipt, use and/or misuse of any prize. If within five (5) days of notification a potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate potential winner may be selected. The Sponsor may select an alternate potential winner in its sole discretion from all eligible and qualified entries received in accordance with these Official Rules.
Distribution: Each prize will be delivered to the winner via the email provided at entry. Void where prohibited by law.
Required Paperwork: Participation in the Sweepstakes constitutes permission for the Sponsor and the Sweepstakes Partners to use the winner’s name, likeness, city, state of residence, personal information and text, photographs, graphics or other works of authorship submitted in their Sweepstakes entry to appear on the Sponsor’s and/or any Sweepstakes Partner’s website, Facebook page, Instagram, Twitter account, YouTube.com Channel and elsewhere in all media for advertising, marketing and promotional purposes without compensation, unless otherwise prohibited by law. Each potential prize winner may be required to provide supporting documents (such as a copy of the winner’s driver’s license or passport and tax-related documentation) in form and substance satisfactory to Sponsor and the Sweepstakes Partners in furtherance of the representations, warranties and covenants set forth in these Official Rules. Participation in the Sweepstakes constitutes permission for the Sweepstakes Partners to use audio and video recordings of the sweepstakes winner for marketing advertising, marketing and promotional purposes without compensation.
Your Representations to the Sponsor: You represent and warrant that: (a) the information and documents you have submitted or will submit to the Sponsor in connection with the Sweepstakes are true, correct, and complete in all material respects and not misleading; and (b) you have never been arrested, indicted, convicted or pled no contest to a felony or a crime involving moral turpitude.
Indemnification: You agree to indemnify, defend and hold harmless the Sponsor and the Sweepstakes Partners and each of their respective subsidiaries, affiliates, successors and assigns, from and against any and all claims, demands, expenses, losses or liabilities including but not limited to reasonable attorney’s fees and punitive damages that may be asserted against or incurred by them at any time in connection with your participation in the Sweepstakes or any material or information submitted by you in connection with the Sweepstakes, or any use thereof, including, without limitation, those arising from any breach, or alleged breach, of the warranties, representations and promises provided by you in these Official Rules; or your or any third party’s acceptance, possession, use or misuse of any prize you win.
Technology Terms And Conditions: Neither Sponsor nor the Sweepstakes Partners assumes any responsibility for any damage to a Sweepstakes entrant’s computer or telephone system that is directly or indirectly caused by accessing the Sponsor’s or the Sweepstakes Partners’ application, website, Facebook page, or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, dropped or delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Sponsor and the Sweepstakes Partners are not responsible for incomplete, misdirected, late, lost, damaged, or stolen entries; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsor and the Sweepstakes Partners do not warrant that access to any Sweepstakes will be uninterrupted. Neither Sponsor nor the Sweepstakes Partners is responsible for, and you hereby waive any claim arising from, any problems that may arise, including, without limitation: (i) inaccessible or unavailable networks, websites, or other connection or accessibility problems; (ii) failed, delayed or misdirected communications, including any lost, late, stolen, incomplete, illegible or undelivered entries; (iii) technical malfunctions, printing, clerical, or other errors in connection with the administration of any Sweepstakes or the offering or announcement of any prize; (iv) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with any Sweepstakes; (v) damage to a user’s system occasioned by participation in any Sweepstakes; or (vi) any other errors of any kind relating to or in connection with any Sweepstakes.
No Agency: Neither these Official Rules nor the awarding of a prize creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Sponsor and/or the Sweepstakes Partners.
General Conditions: PURCHASE NECESSARY. Neither Sponsor nor the Sweepstakes Partners is responsible for or liable for: (i) misdirected or delayed mail or e-mail; (ii) telephone, telecommunications, hardware or third party software malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the Sponsor’s or the Sweepstakes Partners’ control that may cause the Sweepstakes to be disrupted, corrupted or terminated; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of participating in the Sweepstakes or use of the prize; or (iv) any printing or typographical errors in any materials associated with the Sweepstakes. The Sponsor and the Sweepstakes Partners reserve the right to disqualify, in their sole discretion, any person tampering with the entry process, the operation of the systems required to conduct the Sweepstakes or operate the Sponsor’s or the Sweepstakes Partners’ websites or Facebook pages, or who is otherwise in violation of these Official Rules. All issues concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Sweepstakes entrants, shall be determined by the Sponsor in its sole discretion. All decisions of the Sponsor are final.
Any and all disputes will be resolved in the appropriate courts in the County of Queens, State of New York, exclusively, and subject to the laws of the State of New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York.