Peak Performance Summit
This Participant Agreement (the “Agreement”) is entered into as of DATE, by and between Energy Psychology Group, Inc., a Nevada corporation with principal place of business at 3340 Fulton Rd, #442, Fulton, CA 95439 (hereinafter called “EPG”) and SPEAKER NAME (hereinafter called the “Speaker”).
- Event: Speaker agrees that he/she is a willing participant as a guest expert presenter on TOPIC (hereinafter called the “Subject Matter”), which shall be included in the 2014 Peak Performance Summit (hereinafter called the “Summit”). The Summit shall be operated by EPG and promoted by both EPG and the Speaker as an internet event on June 16th through July 19th, 2014 (actual summit is July 9-19). Speaker understands the Summit is an educational event with the purpose of sharing information about the Subject Matter.
- Collaborative Project: Speaker understands that he/she and the other presenters will be producing a collaborative project that will be resold by the Speaker and each of the other presenters and affiliates participating in the Summit.
- Division of Proceeds of Seminar “Upgrades”: Speaker will be paid a commission by EPP on all sales of programs related to the Summit and related services that he/she makes personally through his/her special affiliate link for admission. Further, Speaker understands that all of the other presenters and affiliates will also make a commission on all sales that they make in connection with the Summit. Commissions shall be payable to Speaker in accordance with the following schedule:
Commission Percentage, 50% Gross:
- PP Digital Product Cost $97.00 — Speaker’s Commission $48.50;
- PP CD’s Product Cost $197.00 — Speaker’s Commission $98.50;
- CDs/Books Product Cost $297.00 — Speaker’s Commission $148.50
- Collection of Payments: All payments from participants in the Summit shall be collected, processed, and fulfilled by EPG. Speaker may at any time log into Speaker’s affiliate account to determine dollar value of sales.
- Accountings and Commission Payments: EPG will account and pay commissions to Speaker on a monthly basis commencing one month after the completion of the Summit and shall continue to pay such commissions on a monthly basis so long as the programs based upon the Summit are available to the public. Payments made by EPG to Speaker shall be remitted to in accordance with EPG Affiliate Terms and Conditions, and the EPG Affiliate Agreement shall is considered by both parties to be an integral part of this Agreement.
- Affiliate Promotion: Speaker agrees to promote the Summit to Speaker's entire mailing list of # SUBSCRIBERSsubscribers, by sending # EMAIL SENDS solo email blasts, # NEWSLETTER STORIES number of newsletter stories and promoting on Affiliate’s SOCIAL MEDIA URL(s) social media page(s) # TIMES times before the commencement of the Summit. EPG recommends the Speaker send three (3) emails blasts to the Speaker's entire mailing list, but the Speaker is only contractually obligated to send one (1) such e-mail blast to promote the Summit to Speaker's e-mail list. Affiliate agrees not to promote any teleseminar/summit/webinar type event to their lists during the pre-launch and running of the event (June 16th through July 19th, 2014).
- Name and Likeness: Speaker grants EPG the right to record the Speaker’s presentation and to record and film information relating to Speaker’s participation in the Summit as an expert presenter on the Subject Matter, including but not limited to, audio and video recordings of Speaker’s approved image, likeness, voice and performance. Speaker hereby irrevocably grants EPG the right to use, reproduce, and distribute Speaker’s recordings and to use Speaker’s approved name, likeness and voice, for the purpose of promoting, marketing and otherwise commercially exploiting audio and video programs based upon or arising from the Summit in any and all formats and media whether now known and hereinafter devised in perpetuity throughout the world without any additional compensation to Speaker except for any commissions that may be payable to Speaker by EPG as specifically provided in Section 3 above.
- Copyright and Ownership: Speaker agrees and understands that EPG owns all right, title, and interest, including without limitation, all rights of copyright and trademark in and to any recorded, written and/or graphic materials whether in printed, digital, electronic or other form (the “Materials”) which arise form or are related to the Summit. Speaker agrees that Speaker will not copy, reproduce, distribute, sell or exhibit the Materials without the prior written consent of EPG. Speaker acknowledges thatEPG will suffer irreparable harm in the event that Speaker violates the provisions of this Paragraph. Therefore, in addition to any other right or remedy to which EPG may be entitled, EPG may seek to obtain injunctive relief to prevent any actual or threatened breech by Speaker of this Paragraph.
- Representation and Warranty: Speaker represents and warrants that he/she is fully able to participate in the Summit without restrictions of any kind and is not a party to any contracts or agreements that would prohibit or prevent Speaker from participating in creating, selling and promoting the Summit and fulfilling Speaker’s obligations pursuant to the Agreement.
- Indemnification and Release: Speaker is fully responsible for the content of Speaker’s presentation and any other activities Speaker engages in as a presenter for the Summit and agrees to not make representations about EPG that would violate FTC regulations or to make unsubstantiated claims of curative ability regarding EPG. Speaker shall indemnifyEPG and release and hold harmless EPG’s owners, employees, consultants, volunteers, agents, and others associated with EPG from any and all liability, including but not limited to, judgments, civil penalties, refunds, attorneys’ fees, court costs, and/or lost business incurred by EPG as a result of Speaker’s representations or actions or the content of Speaker’s presentation.
- Independent Business Relationship: The parties agree and understand that Speaker is an independent contractor. This Agreement between EPG and Speaker does not create an employee/employer relationship, agency, partnership, or joint venture between EPG and Speaker. Speaker has no authority (expressed or implied) to bind EPG to any obligation.
- Entire Agreement: This writing contains the full essence of the Agreement between the parties hereto, and there are no other representations or understandings, either verbal or written between the two parties, with the exception of the Affiliate Agreement which shall be considered an integral part of this Agreement.
- Choice of Law; Jurisdiction: This Agreement shall be governed by the laws of the State of California. Any legal action or proceeding arising under this Agreement or in any way related Speaker’s participation in the Summit may be initiated only in the state and federal courts located in Sonoma County, California. Speaker irrevocably consents to the jurisdiction of such courts and agrees that venue will be proper in any such court.
- Miscellaneous: (a) This Agreement may not be amended except in writing signed by both parties. No waiver by any party of any right under this Agreement will be construed as a waiver of any other right. If a court finds any provision of this Agreement is invalid or unenforceable as applied to any circumstance, then the remainder of this Agreement is binding on the successors and assigns of the parties. In the event of any action, suit, or proceeding arising from or based upon this Agreement, the prevailing party shall be entitled to attorney fees. (b) This Agreement shall be binding upon EPG only when it has been signed by the Speaker and by an authorized officer of EPG.
The parties agree to the foregoing terms and conditions and have executed this Agreement on the date signed using the Docracy.com digital signing service.