TERMS AND CONDITIONS
Terms and Conditions of Participation
THESE TERMS AND CONDITIONS OF PARTICIPATION (the “Terms”) are applicable and agreed to by each participant (the “Participant”) who executes the Sky Eye Network Participation and Release or Registration Agreement (collectively, the “Registration Agreement”) and/or otherwise participates in any events, programs, systems, trainings and/or networks at any time (collectively, the “Network”) operated by Drone Command, LLC dba Sky Eye Network and/or its affiliates (collectively, “Promoter”). In consideration of Participant registering for, attending and/or participating in the Network and other good and valuable consideration received, Participant hereby agrees as follows:
- Registration. By registering for and/or otherwise participating in the Network, Participant signifies Participant’s acceptance of, and obligation to abide by, the Registration Agreement and these Terms and any modifications to the foregoing as may be implemented by Promoter from time to time, including those reflected on Promoter’s website (collectively, the “Agreement”). If Participant has any objections to the Agreement, Participant should not register for, attend, or participate in the Network. These Terms are entered into in connection with and are hereby incorporated into and made a part of the Registration Agreement. In the event of any conflict between these Terms and the Registration Agreement, these Terms shall govern.
- Definitions. Except as otherwise defined in these Terms, capitalized words used in these Terms shall have the same meanings as set forth in the Registration Agreement. For purposes of these Terms, the owners, directors, managers, officers, employees, contractors, agents, affiliates, successors and assigns of a party shall be called the “Related Parties.” In no event shall any party hereto and its Related Parties be deemed to be a Related Party of any other party hereto or its Related Parties. Promoter and its Related Parties are sometimes herein called the “Released Parties.” The Agreement and any other documents referenced therein, or referencing the Agreement, along with any amendments thereto, are herein collectively called the “Documents.”
- Participation. Participant shall pay all amounts and perform all obligations due to Promoter and its Related Parties in connection with the Network. Participant is responsible for his or her own expenses associated with the Network. If Participant fails to pay any amounts and/or perform any obligations in connection with the Network and/or under the Documents as and when due, Promoter reserves the right to take all actions in law and equity against Participant including cancellation of Participant’s participation in the Network without refund. Promoter reserves the right to dismiss any Participant from the Network at any time, for any reason. Promoter reserves the right to refuse or refund a licensing payment at any time and for any reason and in doing so, dismiss any Participant from the Network. Promoter reserves the right to limit the number of Participants and members in the Network. Promoter reserves the right to refuse a prospective participant access to the Network for any reason at any time. Promoter reserves the right to modify, add or remove content or Materials (defined below) from the Network resource list at any time for any reason.
- Cancelation. Participant understands that Promoter will incur certain costs in good faith reliance on Participant’s attendance and participation in the Network. If Participant cancels Participant’s attendance in the Network or does not attend a particular event, Participant may be required to forfeit all rights, training and payments associated with the Network or event in accordance with Promoter’s policies associated with the Network and/or such event.
- Reinstatement. If Participant cancels Participant’s participation in the Network or a particular event or does not attend that event, Participant retains the right to reinstate other similar training that may be offered at a future date for the Reinstatement Fee set forth in the Registration Agreement or otherwise established by Promoter plus any difference in event costs between the missed event and the future event at the time that the future event is provided. Participant’s reinstatement and participation in any future event is subject to availability as determined by Promoter. If Participant does not participate in an event, Promoter and its Related Parties shall not have any legal obligation to provide any future event or training of the same type or at the same location as the original event.
- Termination. Upon termination of Participant’s participation in the Network at any time and for any reason, including termination by Participant or termination by Promoter due to Participant’s default or otherwise, then (a) any amounts theretofore paid by Participant to Promoter shall be nonrefundable; (b) Participant shall immediately cease using all Materials and affiliating with the Network and its members; (c) within five business days following such termination, Participant shall deliver to Promoter at the address designated by Promoter all of Participant’s Materials associated with the Network including membership card, membership book, hat, flash drive, etc; (d) without the need for any further notice following Participant’s default under the Documents, Promoter shall have the right to immediately terminate and cancel all of Participant’s membership in the Network and rights under the Documents in all respects with the understanding that Promoter’s rights and remedies under the Documents shall continue in all respects; (e) Participant shall not communicate in any manner directly or indirectly with any person or entity (including Network members) respecting any matter associated with the Network or Released Parties; and Participant shall forever, unconditionally and irrevocably release, discharge and covenant not to sue the Released Parties in connection with any and all claims, liabilities, demands, obligations, damages, losses, costs and/or attorneys’ fees associated in any manner, directly or indirectly, entirely or in part, with the Documents and/or the Released Parties.
- Travel. Participant shall be responsible for all travel to, from and otherwise associated with the Network. If the Network will require Participant to engage in any significant travel, Participant should consider obtaining travel insurance in connection with the Network. Promoter and its Related Parties are not liable or responsible to provide any travel arrangements or insurance associated with the Network.
- Required Documentation. Participant shall take all actions and obtain all passports, permits, visas and other documents necessary for Participant to travel to and from all destinations associated with the Network in compliance with all applicable laws and any modifications thereto.
- Network Rules. Promoter and the venue owner and their Related Parties as well as other individuals and entities associated with any Network event may implement specific rules associated with that event. Participant shall comply with all such rules and any other applicable laws and agreements associated with the Network.
- Liability Waiver. Participant hereby represents and warrants that Participant has sufficient physical and mental health and financial capability to travel to and from, and participate in, the Network in a healthy and safe manner without any adverse consequences to Participant and/or Participant’s Related Parties and Participant accepts all risks associated with the same. Participant understands and acknowledges that the Network and associated activities bear certain known and unanticipated risks which could result in injury, death, illness or disease, physical or mental, or damage to Participant, to Participant’s property or to others or their property and Participant expressly agrees, covenants and promises to accept and assume all responsibility and risk for injury, death, illness or disease or damage to Participant and Participant’s property and/or others and their property arising from Participant’s participation in the Network. Participant should only travel to and from, and participate in, the Network if doing so will not adversely impact the physical and mental health and financial condition of Participant and/or Participant’s Related Parties and Participant. Participant shall be legally responsible for his or her own physical and mental health, safety, behavior and financial condition in connection with traveling to and from, and participating in, the Network. Some aspects of the Network may involve (a) physical activity of standing, moving and sitting; (b) long hours of training; (c) homework assignments after hours of training; and (d) mental, emotional, and psychological efforts. Should Participant require emergency or other medical treatment as a result of accident, illness or other conditions arising in connection with the Network, Participant hereby consents to such treatment and the Released Parties shall not have any liability for the same. Participant shall be financially responsible for any medical, legal and other charges that may be incurred as a result of such emergency and/or other medical treatment. Participant shall promptly notify Promoter orally and in writing if Participant is at any time or manner directly or indirectly injured or becomes ill in connection with the Network or if Participant has medical conditions about which emergency or other medical personnel should be informed; however, Participant understands that the Released Parties are not legally obligated to act on that information in any way or to provide any medical service or accommodation whatsoever to Participant. The Released Parties do not provide any physical or mental health, suicide or other similar advice or intervention and Participant should contact Participant’s own healthcare providers on such matters. Participant agrees that if Participant has any medical, mental health or psychological conditions that may hamper Participant from fully, safely and healthfully participating in the Network, that Participant shall notify Promoter in writing of those conditions before the Network and that Promoter retains the right to ask that Participant not participate in portions, or the entirety, of the Network.
- No Professional Advice. While Promoter hopes and believes that the Network and any tools, processes, strategies, information and other materials associated with the Network, the Released Parties or their respective websites (collectively, the “Materials”) will benefit Participant, Participant understands that the Released Parties do not offer any professional, personal, mental, psychological, medical, health, suicide prevention, financial, accounting, investment, tax, legal or other professional advice and neither the Network nor the Materials should be deemed such advice. The Network and Materials do not replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, psychological, medical, health, financial, accounting, investment, tax, legal or other professional fields. Participant acknowledges that if Participant is under the care of medical, psychological or other professionals that the Network and Materials are not intended to violate or otherwise conflict with the advice of such medical, psychological or other professionals and that Participant will not use any Materials in any manner that conflicts with the advice of Participant’s medical, psychological or other professionals.
- General Disclaimers. Participant understands that Promoter is in the business of providing training, products and services. While Promoter hopes and believes that the Network and Materials will be beneficial to Participant, the Network and Materials are provided “as is” and the Released Parties do not make any representations or warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose relative to the Network and associated Materials. Nothing associated with the Network or Materials shall constitute any kind of representation, warranty, promise or guaranty of profitability, earnings, investments, outcomes or successes. Participant’s success in obtaining certain results may depend on a number of factors including market conditions and Participant’s skill, physical and mental health, knowledge, ability, dedication, business savvy and financial situation. Participant acknowledges that Participant is solely responsible for Participant’s actions and results in life and business. Any forward-looking statements associated with the Network or Materials and/or the Released Parties are simply statements of possibilities, not representations, warranties, promises or guaranties.