“Program” means the program(s) selected by the Participant at the time of registration and payment.
“LLA” means Lucinda Literary Academy, LLC; and
“Participant” means the individual registering for the Program.
Registration and Payment.
Payment for the Program is due upon registration. Registration is not complete until full payment has been received and accepted by LLA.
If payment is made by credit card and the charge is declined, reversed, disputed, or charged back, Participant shall remain responsible for all registration fees, collection costs, administrative expenses, and attorneys’ fees incurred by LLA in collecting amounts due.
LLA reserves the right to refuse or cancel any registration for any lawful reason.
No Refunds. Registration fees are non-refundable. Without limitation of the foregoing, no refunds shall be issued for failure to attend the Program, partial attendance, scheduling conflicts, travel disruptions, technical difficulties experienced by Participant, dissatisfaction with Program content; dissatisfaction with the consultant assigned to Participant; and/or any other reason, unless expressly approved in writing by LLA (such approval to be given or withheld in the sole discretion of LLA). In the event Participant is not satisfied with the consultant assigned to Participant, LLA shall use good faith efforts to assign a replacement consultant to Participant to complete the Program.
Program Changes.
LLA reserves the right to (i) change seminar dates, times, location, format, instructors, speakers, agenda, curriculum, or materials; (ii) convert an in-person event to an online event; (iii) substitute presenters; and/or (iv) cancel or postpone the Program.
If LLA cancels the Program and does not reschedule it, LLA’s sole obligation shall be to refund registration fees actually received. Without limitation of the foregoing, Participant agrees that in the event the Program is cancelled, LLA shall not be liable for airfare, lodging, lost business opportunities, lost profits, travel expenses, or any other consequential losses.
Consent to Recording/Name and Likeness.
Participant acknowledges that LLA may record, photograph, livestream, and/or otherwise capture portions of the Program and use, and/or authorize others to use, the foregoing and/or portions of same, as LLA shall determine, including, without limitation, for promotional and advertising purposes.
Participant grants LLA a perpetual, worldwide, royalty-free right to use Participant’s name, image, likeness, voice, comments, and appearance in recordings, photographs, promotional materials, websites, social media, and/or future educational content as LLA shall determine, including, without limitation, for promotional and advertising purposes.
Proprietary Materials. The Program, and all Program materials, presentations, handouts, recordings, slides, workbooks, exercises, and related content (collectively, the “LLA Materials”) are the exclusive property of LLA. Without limitation of the foregoing, Participant may not (i) record the Program by means of audio or video; (ii) reproduce and/or distribute any of the LLA Materials; (iii) share login credentials for the Program; (iv) upload the LLA Materials to websites or social media; and/or (v) use the LLA Materials for commercial training purposes. Failure to comply with the foregoing, including, without limitation, unauthorized use of the LLA Materials, may result in removal from the Program without refund and may subject Participant to legal action.
Program Purpose.
Participant acknowledges and agrees that the Program is provided solely for educational and informational purposes.
Attendance at the Program does not entitle Participant to, and LLA does not guarantee, any of the following: (i) a publishing contract; (ii) a literary agent relationship or representation agreement; (iii) referrals to publishers, agents, editors, or media outlets; and/or (iv) any other professional, financial, and/or publishing-related services or benefits.
Any interactions between Participant and publishers, agents, editors, speakers, instructors, sponsors, or other attendees are solely at their discretion and do not create any contractual, fiduciary, agency, partnership, employment, joint venture, and/or other legal relationship.
Any statements regarding publishing opportunities, author success, marketing results, book sales, royalties, readership growth, or professional advancement are illustrative only and shall not be construed as promises, guarantees, or predictions of future results.
LLA shall not be liable for any decision by a publisher, literary agent, editor, reviewer, distributor, retailer, or other third party concerning Participant’s work.
Assumption of Risk.
Participant voluntarily elects to attend and participate in the Program, and accordingly, Participant assumes all risks associated with attendance, including risks related to travel, transportation, accommodations, internet connectivity, equipment failures, and interactions with other participants.
Participant is solely responsible for maintaining appropriate hardware, software, and internet access. Without limitation of the foregoing, LLA is not responsible for interruptions caused by (i) internet outages or connection issues; (ii) platform/streaming failures; (iii) equipment malfunctions; (iv) cybersecurity incidents; (v) power outages; and/or (vi) circumstances beyond LLA’s control.
Release and Waiver of Claims. Participant hereby releases, waives, and forever discharges LLA and LLA’s owners, officers, directors, employees, contractors, speakers, instructors, affiliates, agents, and successors, from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses arising out of or relating to (i) the Program; (ii) reliance on Program content; (iii) business decisions made by Participant after attending the Program; (iv) publishing or marketing activities undertaken by Participant after attending the Program; and/or (v) any acts or omissions of other participants attending the Program.
Indemnification. Participant shall indemnify and hold harmless LLA and LLA’s licensees, representatives, successors, parents, affiliates, subsidiaries and assigns, and the employees, officers, directors, members, managers, agents, representatives, attorneys and shareholders of each of them (collectively, “LLA Parties”) from and against any and all third-party losses, damages, costs, liabilities or judgments (including attorneys’ fees and expenses) sustained, paid or incurred by any of the LLA Parties as a result of or in connection with the failure of Participant to comply with these Terms and Conditions. LLA shall have the right to control the defense of any claim or proceeding to which it is a party in LLA’s sole discretion. Each party shall provide notice to the other of any claim to which the foregoing indemnities apply promptly following receipt of notice thereof and shall cooperate with the other in the defense thereof.
Limitation of Liability.
LLA shall not be liable for (i) any indirect, incidental, special, exemplary, consequential, and/or punitive damages, and/or (ii) lost profits, lost revenue, loss of business opportunities, loss of goodwill, loss of data, and/or business interruption.
LLA’s total aggregate liability arising out of or relating to the Programs shall not exceed the amount of registration fees actually received by LLA from Participant for the Programs.
Non-Disparagement. Unless required to do so by legal process, Participant will not make any statements or representations, either directly or indirectly, whether orally or in writing, by word or gesture, to any person whatsoever, about LLA or the Programs or any other participant in the Programs which would cause or tend to cause the recipient of the communication to question the business condition, integrity, competence, good character, or product quality of the person or entity to whom the communication relates.
Code of Conduct.
LLA is committed to providing a safe, respectful, and collaborative environment for participants. By registering for and attending this event, Participant agrees to cultivate an atmosphere of mutual respect and professionalism. Attendees are expected to engage in constructive dialogue, respect diverse viewpoints, and extend professional courtesy to all speakers and other participants.
Harassment, disruption, or inappropriate behavior of any kind will not be tolerated. Prohibited actions include, without limitation, (i) verbal, written, or physical harassment, intimidation, or discrimination based on race, gender, religion, sexual orientation, disability, or any other protected characteristic, (ii) intentional disruption of Program activities, (iii) the use of offensive, crude, or defamatory language, and (iv) unauthorized promotional recording, and/or photography.
Unless LLA shall otherwise approve in writing, Participant shall not engage the services (including, without limitation, ghostwriter or editor services) of any panelist, speaker, instructor and/or consultant rendering services in and/or as part of the Program before the date which is 2 years after the final date of the Program.
If Participant fails to comply with the terms of this paragraph 13, without limitation of LLA’s rights and remedies, LLA reserves the absolute right to (i) immediately withdraw Participant’s attendance privilege for the Program without refund of any registration fees, and/or (ii) permanently ban Participant from future Programs.
If Participant experiences or witnesses behavior that violates this Code of Conduct, please report it immediately to an LLA staff member. All reports will be handled discreetly and investigated promptly.
LLA reserves the right, in its sole discretion, to revise and/or enforce this Code of Conduct at any time.
General Provisions. Paragraph headings are included for convenience only and shall not affect the interpretation of these Terms and Conditions. These Terms and Conditions shall be interpreted in accordance with the laws of the state of New York applicable to contracts entered into and wholly to be performed within said state. The courts (state and federal) located in New York County, New York shall have exclusive jurisdiction over these Terms and Conditions and any controversies arising hereunder. No waiver of any breach of any provision of these Terms and Conditions by LLA shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by LLA. In the event any provision of these Terms and Conditions shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the remaining provisions shall remain in full force and effect. These Terms and Conditions contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous agreements between the parties concerning the subject matter, and cannot be amended except by a writing signed by both parties.
