TRANSFORMATIONAL REAL ESTATE INVESTING LLC TERMS AND CONDITIONS
WHEREAS Transformational Real Estate Investing LLC (which definition shall include Transformational Real Estate Investing LLC, its owners, affiliates and related companies together with all principals, members, managers, employees and agents thereof), a Texas limited liability company, desires to teach and educate individuals regarding real estate investments to students and [Deal.FirstName] [Deal.LastName], the undersigned individual, (the “Student” or “I”) has determined to enroll in Transformational Real Estate Investing LLC and take instruction from its programs (“Programs”), so therefore, IN CONSIDERATION OF TEN DOLLARS AND NO/100, and for the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Transformational Real Estate Investing LLC and Student hereby agree as follows:
1.
Educational Purposes Only and No Guarantee. The Student understands and agrees that the Program, its presenters, publishers and information do not provide or constitute legal, accounting, investment, financial, real estate, or other professional services or advice and are provided to me for educational purposes only. The Student acknowledges and agrees that the Student did not receive any guarantees or promises of any results, profits, income, or employment, or that any other benefits could or would be obtained from Transformational Real Estate Investing LLC, the Program, its Program presenters and Transformational Real Estate Investing LLC hereby disclaims any such guarantees or promises. Any decision to invest with any real estate project or program is at my own risk and I understand, warrant and acknowledge that Transformational Real Estate Investing LLC does not police its students’ private activities or investments in any way and has no control over such. Before making any decision, I will conduct my own independent investigation and consult with my own CPA, Attorney, or other licensed professional in association with the legal, business, or tax consequences of such and will rely solely upon the results thereof.
2.
Grant of Right to Use Materials. I hereby irrevocably grant to Transformational Real Estate Investing LLC the perpetual, irrevocable and unencumbered right to make audio and visual recordings (still or motion) and other reproductions of (a) my name, likeness, image and/or voice, and (b) any and all activities of every kind and nature whatsoever in which I may participate at any location where Transformational Real Estate Investing LLC is sponsoring or participating in an activity or is otherwise legally entitled to be present during the time I am a Student in Transformational Real Estate Investing LLC.
3.
Confidential Information. As used herein, “Confidential Information” shall mean all information provided by Transformational Real Estate Investing LLC to Student, prior to or after the execution of this Agreement, in any form or format, including, but not limited to, information regarding Transformational Real Estate Investing LLC’s Programs, pricing, trade secret, know-how, where-how, presenters, teachers, sponsors, suppliers, insurers, real estate brokers, appraisers, insurance companies, title companies, finders, property managers, contractors, third party contacts and all other relevant information set forth in the Programs and also gained through introductions to third parties relevant to the real estate industry that were obtained by the Student from Transformational Real Estate Investing LLC (its Programs, presenters and guest lecturers) or from another third party who was introduced to Student by Transformational Real Estate Investing LLC, the Transformational Real Estate Investing LLC’s business plan and pricing involving the various real estate related businesses, its business model, or like information provided by or disclosed by Transformational Real Estate Investing LLC. Student acknowledges and agrees that the Confidential Information provided to Student in connection with this Agreement is confidential trade secret information and proprietary to Transformational Real Estate Investing LLC. It is a material part of this Agreement that Student maintains the confidentiality and secrecy of that Confidential Information. Student further agrees to hold all of the disclosed Confidential Information in trust and confidence and agrees that it shall be used only for the contemplated purposes herein and shall not be used by Student for any other purposes nor disclosed to any third party without the prior written consent of Transformational Real Estate Investing LLC.
4.
Full and Final Release. I hereby fully and forever Release and Discharge Transformational Real Estate Investing LLC, and individually Transformational Real Estate Investing LLC Parties from, and covenant not to sue and further agree to indemnify and hold them harmless with respect to, any and all liabilities, losses, damages (including direct, special, consequential and punitive damages). Claims, demands, actions and causes of action, whatsoever; resulting from or arising out of (a) any Program or event, (b) the conduct of any of the Transformational Real Estate Investing LLC employees, instructors, or Transformational Real Estate Investing LLC students, or any of the associated activities of the Transformational Real Estate Investing LLC, including (without limitation) with respect to any transaction in which I elect to become involved and/or results thereof, and or (c) my violation of any provision of this Agreement. This is a full and final release applying to all known, unknown and unanticipated consequences, and all injuries and damages arising out of or in any way connected with or resulting from my participation in the Transformational Real Estate Investing LLC and its associated activities. Should any release or limitation of liability, disclaimer or exclusion of damages be found to be unenforceable then I agree that the maximum amount of damages I shall receive for any and all claims of any nature shall be limited to the fee paid to Transformational Real Estate Investing LLC.
5.
Laws and Jurisdiction. This Agreement shall be governed by the laws of the State of Texas. Any litigation related to this Agreement and involving any Transformational Real Estate Investing LLC Parties shall be subject to the exclusive jurisdiction of the state or federal courts of competent jurisdiction located in Harris County, Texas. I hereby waive any claim I may have of forum non-conveniens.