Subscriber’s Participation Agreement
This legal agreement (the “Agreement”) is a legal contract between you, the subscriber, (the “Subscriber”) and The Crucible Project, a not-for-profit corporation of Illinois (“TCP”) required and entered into as part of registering as a subscriber to the online program titled “My Journey To” (the “Program”). By clicking “I Accept” at the end of this Agreement you acknowledge that you have read, understand, and agree to be bound legally by the terms and conditions presented herein.
You shall be bound to this agreement as of the date and time your subscription to the application is transmitted to TCP (the “Effective Date”). You may, and are encouraged to, print this Agreement for your own records.
I, (the “Participant”) acknowledge that my participation will be a personal growth and development experience that may involve mental, emotional, and intellectual activity (the “Activities”) stimulated by presentations, teachings, shared experiences, (collectively the “Processes”). The Processes are provided as guidance and suggestions, not medical or mental health advice. For such reasons, I acknowledge and agree I should consult medical or mental health professionals before undertaking any regiment and/or activities introduced, presented, demonstrated, or discussed in association with the program by staff or co-participants.
I represent, covenant, and promise that my subscription and participation in any activity associated with the program is solely for my own benefit and not as an observer, researcher, journalist, investigator, or in any other capacity beyond that of a subscriber and/or individual participant.
I guarantee and certify that I am not subscribing or participating with any intention to report about or investigate the program, any of its processes, or any of the other participants. I understand that the experiences of each participant are personal, may be emotionally significant, and shall be considered private between those sharing the experiences of the Activities. In exchange for the duty of confidentiality granted to me by each of the other participants, I hereby promise and guarantee to keep confidential the specific details of Activities, as well as the actions of, and identities of other participants that I witness, experience, or are aware of through my participation.
I also understand that the programs and services of the Activities are the intellectual property of TCP, which owns trademarks, trade names, service marks, and copyrights related to all programs and services of TCP, or is under licensing obligations with the owners (the “Licensor”), and/or otherwise considers the materials their trade secret (collectively “Protected Materials”) which you, by execution of this Agreement, acknowledge a duty not to disclose as outlined herein. The copyrighted materials of other organizations used by TCP, are utilized with the respective owner’s express written consent.
I covenant and promise that I shall not write or speak about the Program nor reveal any of its Activities, exercises, the names or identities of other subscribers, or the experiences of other participants. I will not attempt to train others in the Processes I experience in this Program without written consent of TCP and the Licensors. The sole exceptions are 1) that I may describe my own experiences with the Program, (i.e. what happened for me), or 2) that I may report as required by laws or courts, without specifically describing any Process or revealing directly or indirectly the identity or actions of anyone else involved.
I understand and agree that the non-disclosure provisions of this Agreement, and my duty to protect confidentiality shall survive the termination of this Agreement. I further agree that my breach of these duties could cause irreputable harm and damage to goodwill, which may be difficult or impossible to ascertain, and that the remedies at law for any such breach will be inadequate. Accordingly, I agree that in the event of an anticipated, threatened, or actual breach, in addition to any other remedy which may be available at law or equity, TCP, for itself or others affected, shall be entitled to specific performance and injunctive relief.
I agree that TCP, and/or Licensors assume no liability to me with respect to the Protected Materials, and I agree not to use any of the Protected Materials: (i) to create course(s), product(s), service(s) or other material that would be in competition with TCP without written permission from TCP, (ii) to train any others in TCP’s Protected Materials or methods without written permission from TCP or the respective owners / Licensors of the Protected Materials.
If I breach this Agreement, I agree to indemnify and hold, TCP, and all Licensors harmless from and against any and all losses, liabilities, claims, damages, and expenses of any kind, including attorney fees and court cost, that may arise or result directly or indirectly from my breach of this Agreement.
If any portion of the Agreement is held invalid, the remainder of the Agreement will continue in full legal force and effect.
Should a dispute arises regarding this Agreement, I agree to work with the Licensor and TCP to resolve the dispute first by utilizing mediation in accordance with the rules of the American Arbitration Association (AAA), or any other mutually-agreed format prior to litigation. In the event litigation occurs, all parties agree and consent to the jurisdiction of the circuit courts of Cook or DuPage Counties in the State of Illinois, and that disputes shall be settled by application of the laws of Illinois without regard to the conflict of law rules of Illinois.
I have read this Agreement and have had the opportunity to consult with an attorney and/or otherwise satisfy any questions I had concerning its meaning. I therefore enter into and execute it freely, without duress, and in full complete understanding of its legal effect, and of the fact that it may affect my legal rights.