This event, Brad Sumrok’s Rat Race 2 Retirement (the “Event”), held March 9th & 10th, 2019 in Dallas, Texas, will be recorded by Sumrok Multifamily Mentoring, LLC and Brad and Jen Sumrok (collectively referred to as “Sumrok”). I represent and agree that I will not record (visual or audio), photograph, or otherwise copy any Content or Presentation Material at the Event, or any other meeting, training or seminar organized by Sumrok, unless given express written permission by Sumrok.
For this Event, or any other meeting, training or seminar organized by Sumrok, I hereby grant Sumrok ALL RIGHTS to use my name, likeness and voice as captured, edited, recorded, or rendered in various audio, visual, and written medium created by Sumrok, to be used in commercial, instructional, and promotional activities as Sumrok sees fit in their sole discretion. Sumrok shall own 100% of all right, title and interest in such audio, visual, and written medium products created by them (collectively, the “Event Media Products”) and shall have the exclusive right to sell, transfer or assign the Event Media Products.
I hereby represent and state that any facts, figures, testimonials and stories I may relate to others at the Event, or at any other meeting, training or seminar organized by Sumrok, are my own, are truthful, and are given freely and voluntarily without any offer of payment or inducement made by Sumrok to me. I am executing this Publicity Release Agreement and General Release (“Instrument”) without any expectation of receiving any remuneration by Sumrok whatsoever.
I expressly acknowledge and agree that nothing in this Instrument, in any other written or oral communications relating to this Event, in any materials promulgated or distributed with respect thereto, or at any other meeting, training or seminar organized by Sumrok, constitutes a representation, express or implied, or guarantee made by Sumrok to me. I expressly acknowledge and agree that theEvent is an educational event, and no representation or warranty of any kind regarding specific or general benefits, monetary or otherwise, was or has been or is being made to me by Sumrok or their principals, agents, or employees. I expressly acknowledge and agree that neither the Event nor Sumrok are responsible for my business success or failure, for my acts or omissions, or for the appropriateness or inappropriateness of my business decisions heretofore made or hereafter made.
I EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY SERVICES, PRODUCTS, OR LICENSES PROVIDED BY SUMROK TO ME AT THE EVENT OR THEREAFTER ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, ALL OF WHICH ARE HEREBY SPECIFICALLY DISCLAIMED BY SUMROK.
I HEREBY FULLY AND FOREVER RELEASE AND HOLD HARMLESS SUMROK AND THEIR OWNERS, MEMBERS, MANAGERS, OFFICERS, AGENTS, EMPLOYEES, PRESENTERS, MENTORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY REFERRED TO HEREIN AS THE “SUMROK PARTIES”) FROM ANY AND ALL LIABILITY, DAMAGES (INCLUDING SPECIAL OR CONSEQUENTIAL DAMAGES), CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION, WHATSOEVER, IN ANY WAY RESULTING FROM OR ARISING OUT OF THE EVENT OR SUMROK’S PROGRAM, AND/OR THE ACTS OR OMISSIONS OF ANY OF THE SUMROK PARTIES DURING OR FOLLOWING THIS EVENT. THIS IS A FULL AND FINAL RELEASE APPLYING TO ALL KNOWN, UNKNOWN AND UNANTICIPATED CONSEQUENCES, INJURIES AND DAMAGES.
I HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT MY DAMAGES, IF ANY, FOR ANY AND ALL CLAIMS THAT I HAVE AGAINST SUMROK ARE AND SHALL BE LIMITED IN TOTAL TO THE AMOUNT I PAID FOR THIS EVENT.
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 Hurst, 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 Hurst 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.
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 Instrument is found to be unenforceable or invalid, that 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 Instrument which provides for 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.
I understand and agree that, as an Event Participant, I may (but am not obligated to) invest in securities and investment opportunities offered by other Event attendees and/or their affiliates, but I agree that I will not do so until after I have registered for and accessed the Foundations or Personal Mentoring training offered by Sumrok. I expressly acknowledge, represent, and agree that if I do invest in any securities or investment opportunities presented to me by any other Event attendee, including Sumrok, that I am doing so freely, voluntarily and of my own choosing after conducting the due diligence that I deem appropriate and in accordance with all applicable securities laws and regulations and all other applicable laws.
Furthermore, to the extent I am, or I control, an issuer of securities or offeror of investment opportunities, I expressly acknowledge, represent and agree that I will not offer or accept subscriptions for securities or funding of investment opportunities from other Event participants unless (1) the Event participant has registered for and accessed the Foundations and/or Personal Mentoring Program offered by Sumrok (an exception is if the issuer of securities has a pre-existing relationship with the Event participant prior to any Sumrok event), (2) I am a registered participant of Sumrok’s Personal Mentoring program, and, (3) I do so only in strict compliance with applicable securities laws and regulations and all other applicable laws.
I acknowledge, understand and agree that Sumrok does not and will not endorse, promote, or broker any securities or investment opportunities made by one Event participant or his/her affiliates to another Event participant or his/her affiliates. I understand that, due to the general educational nature of the information provided by Sumrok to its Event participants, such information should not be construed as being all inclusive or as containing all the information that I may need or desire in investigating any specific investment before making an investment decision. I will conduct and rely on my own evaluation of each investment and promoter, and the terms of the offering, including all merits and all risks involved. I acknowledge, understand and agree that I should consult my own attorney, business advisor or tax advisor as to the legal, business, and tax aspects of any investment. I acknowledge, understand and agree that any direct or indirect investment in real estate involves a high degree of risk and speculation, and is potentially suitable only for investors of substantial means who have no need for liquidity in the investment. I further acknowledge, understand and agree that any securities or opportunities offered for investment may be subject to restrictions on transferability and resale and may not by transferable or resold except as permitted under applicable securities laws and regulations. I understand that I might be required to bear the economic risk of an investment for an indefinite period of time and that no public market may exist for the offered investment and none may develop. I expressly acknowledge, understand, represent and agree that Sumrok is not responsible for, and hereby disclaims and responsibility for, any loss I experience as a result of investing in any security or investment opportunity offered by another Event participant, or their affiliates, including Sumrok.
I agree to remain in the training room (and not loiter outside the training room) except for authorized breaks or urgent personal matters. I agree that Sumrok may remove me from the Event, or any other meeting, training, or seminar, for violating this Instrument, at the sole discretion of Sumrok.
This Instrument 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, if any, from Sumrok that is not contained in this Instrument.
I represent and warrant that I am fully competent to contract in my own name, have carefully read this instrument, and fully understand its contents. As a material inducement to Sumrok to allow me to attend the Event, I have executed this Instrument.