By executing this Student Agreement with Sumrok Multifamily Mentoring, LLC (“Sumrok”), I hereby acknowledge, represent and agree to the following:
1. I wish to enroll as a Student in the Sumrok Program titled “Foundations” or “Personal Mentoring” and have access to the Program materials associated therewith (the “Program”), with the understanding and agreement that neither Sumrok nor any of its owners, members, managers, officers, agents, employees, presenters, mentors, organizers, or contractors, including Brad and Jen Sumrok (collectively referred to hereinafter as “Sumrok Parties”), are rendering or have rendered to me legal or accounting services or advice, and instead are solely providing information to me for educational purposes.
2. The Publicity Release Agreement and General Release previously executed by me (the “Prior Instrument”) is incorporated herein by reference, and I understand and agree that the provisions in the Prior Instrument shall also apply to this Student Agreement and the Program.
3. At no time have any of the Sumrok Parties made me any guarantee(s) as to any benefits, profits, income, employment, successes, or other results that may or will be obtained by me for enrolling in the Program, from the study of the Program materials, or by investing with other Program participants, including Brad and Jen Sumrok, or by using any Service Providers referred by the Sumrok Parties.
4. I HEREBY FULLY AND FOREVER RELEASE AND HOLD HARMLESS THE SUMROK PARTIES AND THEIR SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL LIABILITY, DAMAGES (INCLUDING SPECIAL OR CONSEQUENTIAL DAMAGES), CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION, WHATSOEVER, IN ANY WAY RELATING TO, RESULTING FROM, OR ARISING OUT OF THE PROGRAM, AND/OR ACTS OR OMISSIONS OF ANY OF THE SUMROK PARTIES DURING OR FOLLOWING MY ENROLLMENT IN THE PROGRAM. THIS IS A FULL AND FINAL RELEASE OF THE SUMROK PARTIES APPLYING TO ALL KNOWN, UNKNOWN AND UNANTICIPATED CONSEQUENCES, INJURIES AND DAMAGES.
5. I HEREBY EXPRESSLY ACKNOWLEDGE, UNDERSTAND, REPRESENT AND AGREE THAT MY DAMAGES, IF ANY, FOR ANY AND ALL CLAIMS THAT I HAVE AGAINST SUMROK RELATED TO OR ARISING FROM MY ENROLLMENT IN THE PROGRAM ARE AND SHALL BE LIMITED IN TOTAL TO THE AMOUNT I PAID TO ENROLL IN THIS PROGRAM.
6. It is Sumrok’s policy to refund the money paid for this Program for up to three (3) calendar days after the purchase date, provided cancellation occurs prior to accessing any of the Program Materials, attending any subsequent Events, or receiving any mentoring. After that time, I understand and agree that I am not entitled to a refund and that no refunds will be made. All requests for refunds must be in writing, postmarked no later than three (3) calendar days after sign-up, and mailed to Sumrok Multifamily Mentoring, LLC, 3000 Blackburn Street, Suite 1903, Dallas, TX 75204, Attention: Brad Sumrok. In the event the Program Materials or Events are accessed, the Program attended, or mentoring received, there will be NO REFUND of any amount.
7. I expressly acknowledge and agree that Sumrok is the creator and owner of the Program, which consists of proprietary and trade secret information created, compiled and assembled by Sumrok and Brad and Jen Sumrok through years of considerable time, expense, and energy. The Program consists of Education Seminars, On-line Live Training, Live and Recorded Webinars, Public Speaking At Events, Mentoring, Consulting, Conducting Networking Events, Brokerage Services and Property Tours (all specific to Apartment (Multifamily) Investing). I expressly acknowledge and agree that:
a. I only have permission to use the Program for my own private benefit for as long as I am enrolled in the Program, and that I do not have permission or the legal right to republish, disseminate, distribute or teach the Program to others, or conduct similar events to/with others in the Program, or otherwise compete with Sumrok in the State of Texas for a period of three years from the execution of this Student Agreement;
b. I represent that I am not using the Program for the purpose to build or enhance my separate real estate services business, (e.g., brokerage, lending, management, insurance, legal, accounting, etc. service). I will not conduct any other multi-family related real estate Business (including Brokerage Services) with other Members of the Program, except for my own personal apartment investing business;
c. Personal Mentoring Program Students (“PM Students”) may solicit potential investors from others in the Program, provided the PM Student
(1) reviews the deal and offer with Sumrok prior to submitting an offer, and (2) only solicits investors from within the Program for the purpose of purchasing an existing Apartment Building and not for investment in any other asset class. Foundations Students may NOT solicit capital from others in the Program;
d. I understand and agree that as a PM Student Co-Sponsoring a deal, I shall only solicit other Sumrok Students as potential investors if each of my Co-Sponsors is enrolled as a PM Student in the Personal Mentoring Program;
e. I will not solicit investments or capital from individuals I meet at meetings, trainings, or seminars (including but not limited to Sumrok’s weekend “Rat-Race 2 Retirement” events) organized by Sumrok unless such individuals are registered participants in the Foundations or Personal Mentoring Program, or unless I have a pre-existing relationship with that individual prior to any Sumrok event; and,
f. I will adhere to all SEC laws, state securities laws (Blue Sky laws), and all other applicable laws, and seek the advice of legal counsel in my apartment investing and funding activities.
8. I expressly acknowledge and agree that the Program is confidential and not generally known or discoverable outside of the Program, that I will maintain the confidentiality of the Program, and that I will not disclose, disseminate, or share the Program with any other person outside of the Program. I agree to provide Sumrok with my own unique and individual email address and I will not allow other persons to access the Program using my login information. I authorize Sumrok to use my email address to contact me in the future regarding seminars and information.
9. I agree that Sumrok has the right to remove me from the Program WITHOUT A REFUND for violating this Student Agreement or the Prior Instrument. I also agree that Sumrok may revise, edit or modify this Student Agreement, the Prior Instrument, and Sumrok’s policies and procedures at any time in its sole discretion. I agree to be bound by Sumrok’s policies and procedures, as amended from time to time, and to sign, if requested, an updated Student Agreement to continue in the Program. In the event that I refuse to sign an updated Student Agreement, I agree that Sumrok has the right to remove me from the Program and that I will not be entitled to a refund.
10. In the event of a dispute, I agree to negotiate in good faith with Sumrok to resolve the dispute. If the dispute cannot be resolved by negotiation, I agree that, prior to filing any legal proceeding, the parties shall submit the dispute to mediation before a mutually acceptable mediator in Dallas, Texas, with the parties sharing equally in the costs of mediation. I hereby irrevocably consent to jurisdiction of the Courts of the State of Texas in connection with any action that arises out of or relates to this Agreement or any dispute with Sumrok or the Sumrok Parties, and agree that any such action shall be brought only in a Dallas County Court, State of Texas. The prevailing party in any legal action arising from this Agreement may recover from the non-prevailing party all costs of the proceeding and reasonable attorneys’ fees.
11. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas. I acknowledge and agree that in the event that any provision of this Student Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, the remainder of this instrument shall continue in full force and effect as if the unenforceable or invalid provision was not a part hereof. Without limiting the foregoing, I agree that each and every provision of this Student Agreement which providesfor a release or limitation of liability, disclaimer or exclusion of damages is intended to be several and independent of any other provision to the extent necessary to allow and permit the full enforcement thereof.
12. I acknowledge that I have read this Student Agreement and that I fully understand the terms herein. This Student Agreement contains all of the arrangements, understandings, representations, promises, inducements, or other communications, whether written or oral, between Sumrok and me. I expressly disclaim reliance upon any arrangement, understanding, representation, promise, inducement, or other communication, whether written or oral, from Sumrok that is not contained in this Student Agreement.
NOTICE: This agreement is subject to change at any time with notice. When you click the button below, this agreement is legally binding as of today. Should we change the agreement we promise to notify you by email 3 times for you to review any changes or updates that may happen.
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