IMPORTANT – READ CAREFULLY. THIS
TERMS AND CONDITIONS AGREEMENT ("AGREEMENT") IS A LEGAL CONTRACT
BETWEEN YOU AND AGENT TRAINING IN ORDER TO OBTAIN PAUL FISHER’S
PHOTO EVALUATION AND ADVICE. IF ANY OF THE FOLLOWING TERMS ARE
UNACCEPTALBE TO YOU, PLEASE DO NOT PARTICIPATE IN THIS PROGRAM. BY
CLICKING THE [ACCEPT] ICON BELOW, YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT, INCLUDING THE TERMS, CONDITIONS AND
LIMITATIONS OF LIABILITY BELOW. RESTRICTIONS: You must be 18 years
or old to participate in the Photo Evaluation and to receive Paul
Fisher’s advice (the “Evaluation”). By accepting this agreement,
you acknowledge that you are 18 years or older. OPINIONS OF PAUL
FISHER: You acknowledge that your ability to succeed as a model is
entirely a subjective matter, and that the opinions and advice
provided by Paul Fisher (including the specific comments and/or the
sufficiency, completeness and accuracy of such comments) represent
only the opinion of one highly experienced modeling agent. As such,
the opinions and advice of Paul Fisher do not reflect the opinions
of Agent Training, and are not warranted to represented your
actuality ability to obtain (or not obtain) work as a model. PHOTO,
VIDEO AND PUBLICITY RELEASE: In order to evaluate your photo
submissions, you hereby release and discharge each of Agent
Training and its respective agents, employees, licensees,
directors, officers, assigns and any end user viewing or using the
image rights from any and all claims, losses, demands, damages,
royalties, liabilities, costs and expenses, including reasonable
attorneys’ fees and expenses, which you may now have or may
hereafter have by reason of the use of your name and likeness,
limited to those uses reasonably related to the Evaluation process.
You agree that all submissions become the property of Agent
Training and will not be returned to you. PASSWORD RESTRICTION. You
will be given a password to log in to the Resources Page to access
the blogs and the various resource lists made available to you. You
are responsible for maintaining the confidentiality of your
password and account, and agree to notify Agent Training if your
password is lost, stolen, or disclosed to an unauthorized third
party, or otherwise may have been compromised. You are responsible
for all activities that occur under your account. You agree to
immediately notify Agent Training of any unauthorized use of your
account or any other breach of security known to you. OWNERSHIP OF
WORK: All right, title and interest to the Resources available
through Agent Training’s websites, including any lists of modeling
agencies, photographers, model managers, etc. whether written or
however described, shall belong exclusively to Agent Training,
including any of the underlying rights to copyright, trademark and
trade secret. You are being granted a limited, revocable right to
view these Resources and use them for your own information only.
You are strictly prohibited from duplicating, publishing, or
sharing this information with any other person who is not part of
the Evaluation program. Agent Training reserves the right to
terminate your access to the Resources for any violation of this
policy, and to prosecute any violations of this limited license to
the fullest extent permitted under the law. LIMIT OF LIABILITY:
Agent Training’s liability, as well as the liability of Paul
Fisher, and any of the agents, employees, licensees, directors,
officers or assigns of Agent Training, with regard to any loss
caused by any breach or other cause or matter related to its
obligations under this Agreement shall be limited to the total
amount paid by you to Agent Training. The above-named parties shall
not have any liability with respect to its obligations under this
Agreement for consequential, exemplary or incidental damages,
including, without limitation, damages resulting from loss of data
or use, lost profits and claims, actions or demands against
customer by any third party, even if such parties have been advised
of the possibility that such damages may be incurred. GENERAL: If
you violate these terms, Agent Training may terminate and/or
suspend your access to the seminars without notice. California law
and controlling U.S. federal law, without regard to the choice or
conflicts of law provisions, will govern these terms. Any disputes
relating to these terms or the seminars will be heard in the courts
located in Los Angeles County, California. If any of these terms is
found to be inconsistent with applicable law, then such term shall
be interpreted to reflect the intentions of the parties, and no
other terms will be modified. Agent Training’s failure to enforce
any of these terms is not a waiver of such term. These terms are
the entire agreement between you and Agent Training and supersede
all prior or contemporaneous negotiations, discussions or
agreements between you and Agent Training. The proprietary rights,
disclaimer of warranties, representations made by you, indemnities,
limitations of liability and general provisions shall survive any
termination of these terms.