PROJECT PARTICIPANT COMMITMENT & RELEASE
This Agreement is between you and 10Ten Project, Inc. You have requested to participate in the program we provide and facilitate, and this Agreement sets out the conditions for your commitment. We have worked very hard to make sure this Agreement is clear and thorough, and it is very important that both of us are certain about our commitment to work together.
1. OUR RELATIONSHIP
10Ten Project, Inc. is a Christian non-profit organization that provides a transformative year-long program that equips ministry leaders with essential health, longevity, and resilience skills grounded in a decade of research (the “Program”). You are a qualified individual seeking to participate in the Program, and by participating in any activities within the Program you agree to the terms of this Agreement. Please note that this Agreement does not create any other legal or fiduciary relationship between us
2. PAYMENT
Option 1: You agree to pay a $9,000.00 flat-rate to participate in the program, either by ACH bank transfer or credit/debit card, due upon signing this Agreement. Payment can be made at Exhibit 2 of this form. If paying by card, there is a 3% transaction fee
Option 2: You may make monthly payments, with $1,000 payable upon signing this Agreement, and the remainder payable in 12 monthly installments of $667.00, either by ACH bank transfer or credit/debit card. Deposit can be made at Exhibit 2 of this form and you will receive an email shortly from our finance team including a link to initiate recurring payments. If paying by card, there is a 3% transaction fee.
All monthly payments are due on the first day of each month. We reserve the right to charge late fees and interest as allowed by law for any past-due unpaid amounts, as well as any additional expenses we incur because of your delinquent payment. We also reserve the right to suspend your participation in the Program if any amount due is unpaid for more than 30 days past the original due date of payment. If we remain unpaid for more than 90 days past the original due date of payment, we reserve the right to pursue collections as a last resort to obtain payment and you will be responsible for any fees or costs associated with the collections process.
3. ATTENDANCE EXPECTATION
You agree to participate in the complete Program, and will attend all meetings, Zoom calls, and events. Your participation will only be excused when you have an unexpected family or medical emergency, though 10Ten Project reserves the right to remove you from the Program if you miss the second scheduled trip, or up to three Zoom calls or meetings.
4. ACTIVITIES
Attendance at each Program event is mandatory. We are not able to provide refunds if you are unable to participate, and all payments will remain due as specified in this Agreement. Each experience is unique, but we will provide you with a basic outline of expectations and scheduling for your Program. While attendance at each event is mandatory, participation in individual activities at an event is entirely optional, and you will participate in such activities at your own discretion (“Activity”). Regardless of your choice to participate, you must accept and sign the Participant Release and Waiver of Liability contained in Exhibit 1 prior to participation in any Activity contemplated under this Agreement.
5. ASSURANCES
You have reviewed this Agreement and agree that everything in this Agreement accurately reflects our relationship and the promises we have made to each other. You will promptly review all information we send to you about the Program. You accept and agree that additional liability releases and waivers may be required to fully participate in all aspects of the Program or available Activities. You will promptly let us know if you become aware of anything that might give rise to any claim against either of us related to the Program. You agree and represent that you are an adult of sound mind and the legal age of majority in the state in which you reside, with the legal capacity to sign this Agreement. You agree to abide by all relevant federal, state, and local laws while participating in the Program and any Activity contemplated under this Agreement. You agree to adhere to all posted rules and regulations, whether provided by 10Ten Project or by another business provider, which govern any aspect of the Program or a planned Activity.
6. NO ASSIGNMENT
This Agreement is unique to you, and you may not assign any of the rights, duties, or obligations to any other party. Any attempt to assign this Agreement is void.
7. MAINTAINING CONFIDENTIALITY
“Confidential Information” includes any information or materials that either of us provide to the other that have been marked, designated, or described as confidential. We will both use the utmost care to avoid disclosing each other’s Confidential Information. Each of us will keep all Confidential Information in confidence indefinitely, or as directed by the other party.
8. DISPUTE RESOLUTION
In the event of any claim, demand, disagreement, or dispute of any nature between us, or any agents, employees, officers, or directors, arising out of or related, in any way, to any of the terms, provisions, or conditions of this agreement, both parties are required to utilize mediation and/or arbitration proceedings adhering to the current Rules of Procedure for Christian Conciliation produced by Peacemaker Ministries. Both parties knowingly and voluntarily waive any and all rights to litigate any dispute in any court of law or court of equity, or in any other forum, except as specifically provided herein. This agreement will be governed by the laws of the State of Georgia, and venue for any dispute action arising under this agreement will lie in Fulton County, Georgia.
9. INDEMNIFICATION AND LIABILITY LIMITS
With respect to any proceeding brought by someone other than you, (a “Nonparty Claim”), you will indemnify us against all losses or legal fees arising out of any proceeding, except to the extent that we negligently or intentionally caused those losses. Further, you agree to indemnify us against all losses we incur as a result of your breach of confidentiality under this Agreement. You will pay any reasonable out-of-pocket expense incurred in defending a proceeding or in any related investigation or negotiation, including court filing fees, court costs, arbitration fees, witness fees, and attorneys’ and other professionals’ fees and disbursements that we incur in connection with defending against a Nonparty Claim. This indemnification extends to our directors, officers, agents, representatives, contractors, employees, successors, and assigns. This obligation will extend beyond the termination or expiration of this Agreement. Neither of us will be liable to the other for any indirect, special, incidental, consequential, or punitive damages, including loss of profits, arising out of obligations contained in this Agreement or as a result of your participation in the Program or any Activities.
10. LEGAL FEES AND EXPENSES
If either party brings legal action to enforce its rights under this Agreement, the prevailing party will be entitled to recover all legal fees and expenses incurred in connection with the action and any appeal. This will include all reasonable fees necessary to collect outstanding or unpaid invoices.
11. OTHER PROVISIONS
There are no third-party beneficiaries under this Agreement. This document and any attachments are the entire agreement between us, and this Agreement won’t be changed unless we both agree in writing. This Agreement will be governed by the laws of the State of Georgia. Venue for any action arising under this Agreement will lie in Alpharetta, Fulton County, Georgia. We both understand what this Agreement says, and agree that this Agreement will not be construed more strongly against either of us, regardless of who is responsible for writing this Agreement. If any provision of this Agreement is held to be illegal or otherwise unenforceable, only that provision will be severed while the remaining portion of this Agreement will continue in full force and effect. The dates included in this Agreement are important to both of us, and time is of the essence in this Agreement.
12. FORCE MAJEURE
For purposes of this Agreement, “Force Majeure” means any event or circumstance, whether or not foreseeable, that was not caused by that party (other than an increase in prices or other change in general economic conditions, a change in law, or an event or circumstance that results in that party not having sufficient funds to comply with an obligation to pay) and any consequences of that event or circumstance. If a Force Majeure event occurs, the non complying party will promptly notify the other party of the Force Majeure event, its effect on performance, and how long the non complying party expects it to last. During a Force Majeure event, the non complying party will use reasonable efforts to limit damages to the other party and to resume its performance under this Agreement.