Live Event Terms and Conditions
Confidentiality Agreement And Filming Release
This agreement is made by and between The Schramko Family Trust (the Promoter) and the participant acknowledging this form hereinafter referred to as the participant in The Schramko Family Trust’s SuperFastBusiness Live held in Australia in March, 2020.
In the course of the event, the Event Promoter will disclose confidential information, proprietary tactics and strategies to the Participant. For the good and valuable consideration of the Promoter making such confidential information available to the participant the receipt and sufficiency of which is hereby acknowledged the participant agrees as follows:
1. As used in this agreement, the term Materials means all information including but not limited to technical or business information furnished by the Promoter to the participant regardless of whether such information is in written, oral, electronic, or other form. Such materials may include without limitation software, data, database documentation, diagrams, designs, product content, marketing materials, trade secrets, know-how, inventions, technical data or specifications, formats and testing methods.
2. The participant agrees that he/she shall:
(a) Maintain all information and materials provided in strict confidence.
(b) Use the information and materials solely in his/her own business and shall not disclose the information nor materials in any manner or form to anyone other than is stipulated in the agreement: and
(c) Make best efforts to secure and protect all information and materials from disclosure, taking at least the same care that he/she would take for his/her own confidential information
3. The obligations of the Participant under Section 2 above shall not apply to the extent that the Participant can demonstrate that certain information and material:
(a) was in the public domain prior to the time of its disclosure under this Agreement:
(b) entered the public domain after the time of its disclosure under this Agreement through means other than an authorised disclosure resulting from an act or omission
(c) is or was independently developed or discovered by the participant without reference to or use of the Information and/or Material
(d) is or was disclosed to the participant at any time , whether prior to or after the time of its disclosure under this agreement, by a third party having no fiduciary relationship with the Disclosing Party and having no obligation of confidentiality with respect to such Information and Material.
(e) is required to be disclosed to comply with applicable federal or state laws or regulations , or with a court order, provided that the Disclosing Party receives prior written notice of such disclosure and that the participant takes all reasonable and lawful actions to obtain confidential treatment for such disclosure and, if possible, to minimise the extent of such disclosure.
4. The participant agrees that he/she shall not reproduce, derivate, modify, reverse engineer, display or transmit the Information and/or Materials, except the Participant may allow his/her employees who are involved in the work among the two parties to reproduce the Materials only to the extent necessary to effect the purposes set forth in this Agreement, with all such reproductions being considered.
5. The Participant acknowledges that the Promoter has ownership of the Materials and all copyright, patent, trademark, trade secret and other intellectual property rights in, or arising from, the materials. No option, licence or conveyance of such rights to the Participant is granted or implied under this Agreement. IT IS UNDERSTOOD AND AGREED THAT THE PROMOTER RETAINS OWNERSHIP OF ALL MATERIALS DISTRIBUTED TO THE PARTICIPANT, INCLUDING BUT NOT LIMITED TO HANDOUTS, AS WELL AS ALL OTHER MATERIALS INCLUDING MATERIALS THAT THE PARTICIPANT IS PERMITTED TO TAKE WITH HIM/HER, AND ARE ONLY DISTRIBUTED TO THE PARTICIPANT AS A CONVENIENCE. SAID MATERIALS CANNOT BE SOLD, GIVEN AWAY OR DISCLOSED TO THIRD PARTIES AND MUST BE RETURNED UPON REQUEST.
6. This agreement shall begin on the 19th August 2018. In the event the Promoter terminates this Agreement due to a breach by the participant or the earlier request of the Promoter, the Participant shall immediately cease using the materials and return to the Promoter all originals, copies, summaries, and other tangible-both physical and electronic manifestations of Materials in the possession or control of the Participant. The obligations of the participant under this agreement shall remain in effect in perpetuity after expiration or termination of this Agreement.
7. The Participant agrees that any breach of his/her obligations under this agreement shall cause irreparable harm to the Promoter. Therefore, in addition to any remedies available at law, the Promoter shall have the right to seek equitable relief to enforce this agreement without the necessity of posting a bond. Any provision of this Agreement found to be invalid, unenforceable or prohibited by law shall be ineffective only to the extent of such invalidity or unenforceability without invalidating the rest of this agreement.
It is further acknowledged and agreed:
8. The event takes place in Sydney, Australia and this agreement shall be governed pursuant to the laws of the city, state and country of the Promoter, those being the City of Sydney, in the State of New South Wales, Australia and any dispute arising under this Agreement shall be resolved solely in the courts of the city, state and country of the Promoter, The Schramko Family Trust without regard to the conflicts of such law principles thereof and with each party submitting to the jurisdiction and venue of such court and the undersigned Participant designating himself/herself as his/her agent for service of process in any such action. The undersigned Participant agrees to accept any and all notice or notices, including but not limited to, service of legal documents and pleadings by mail.
9. The event promoter is not responsible in any manner for any potential or actual loss resulting from the use of the information presented. The content of this event is for informational purposes. No promise or guarantee of income or results is implied or suggested.
Photographic/Video/Audio Consent & Release
I understand and agree that the event that I am attending, James Schramko’s SuperFastBusiness LIVE Workshop will be photographed, video-recorded and audio-recorded.
I do hereby consent and agree that The Schramko Family Trust has the right to take and/or use photographs and/or recordings and/or or record video of me (and/or my property) and use photographs and/or video supplied by me and to use these in any and all media including online, now or hereafter known, and for any purpose whatsoever. I further consent that my name and identity may be revealed therein or by descriptive text or commentary.
I do hereby release to The Schramko Family Trust all rights to exhibit this work in print and electronic form publicly or privately and to market copies. I waive any rights, claims or interest I may have to control the use of my identity or likeness in the photographs and video and agree that any uses described herein may be made without compensation or additional consideration of me.
I understand that images of me published on website/s may be viewed by anyone, and may potentially be viewed by millions of people around the world.
I represent that I am at least 18 years of age, have read and do understand the foregoing statement, and am competent to execute this agreement.
This agreement constitutes the entire agreement of the parties and may only be amended in writing.