This agreement (the "Agreement") is made and entered into as of the date signed below by and between The Boot Nurse LLC ("Company"), and the undersigned participant ("Client").
1. Permission to Record and Use Content
By participating in NCLEX coaching sessions ("Sessions"), I, the Client, grant the Company and its affiliates, representatives, successors, and assigns (collectively "Organizers") the irrevocable right and permission to record, photograph, videotape, and otherwise capture my likeness, voice, and performance during the Sessions.
I understand that the recorded Sessions may be used for, but not limited to:
- Internal training and development
- Marketing and promotional materials
- Online courses or educational resources
- Social media content
- Any other lawful business purposes related to coaching services
I further acknowledge that:
- The Company has full rights to edit, distribute, and use the recorded content without additional approval.
- I will not receive compensation for the use of my likeness, voice, or contributions in recorded materials.
- I waive any right to inspect or approve the final version of any materials in which my likeness appears.
2. Confidentiality and Privacy
The Company agrees to maintain the confidentiality of all personal or sensitive information disclosed during Sessions. However, any content shared in recorded Sessions for promotional or educational purposes will not include confidential details without explicit permission.
3. Release of Liability
I, the Client, acknowledge and understand that NCLEX coaching involves discussions, study recommendations, and test strategies, and that results may vary. I assume full responsibility for my participation in coaching services and agree to the following:
- I waive and release the Company, its owners, employees, contractors, agents, and affiliates from any and all claims related to my NCLEX exam outcome, including failure to pass, emotional distress, or financial loss.
- I understand that coaching is not a substitute for formal nursing education or professional exam preparation.
- I release the Company from liability for any misunderstandings, misinterpretations, or perceived inaccuracies in the coaching material.
- I acknowledge that the Company does not guarantee results and that my performance on the NCLEX exam is my sole responsibility.
4. Assumption of Risk and Responsibility
I acknowledge that:
- The success of my NCLEX preparation depends on my personal effort, study habits, and test-taking ability.
- Coaching Sessions are for guidance and support, not a guaranteed pass for the NCLEX.
- I am solely responsible for implementing any advice or strategies discussed during the Sessions.
5. Indemnification
I agree to indemnify and hold harmless The Boot Nurse LLC, its owners, employees, agents, and affiliates from any claims, damages, liabilities, and expenses (including legal fees) that arise directly or indirectly from my participation in coaching services, including but not limited to:
- Any reliance on coaching advice or materials
- Any injury, damage, or loss sustained as a result of my participation in coaching
- Any third-party claims arising from my participation in the coaching program
6. First Aid and Emergency Consent (For In-Person Sessions Only)
If Sessions occur in person, I consent to receive first aid or emergency medical care in case of an accident, illness, or other medical emergency. I release the Company from any liability for such care.
7. Governing Law and Dispute Resolution
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. Any disputes arising from this Agreement shall first be resolved through mediation. If mediation is unsuccessful, disputes shall be resolved through binding arbitration in Texas, and the prevailing party shall be entitled to recover legal fees and costs.
8. Severability
If any provision, or part of a provision, in this Agreement is found to be invalid by any court or regulatory body of competent jurisdiction, such invalidity shall not affect the other provisions or remaining part of the provision of this Agreement, which shall remain in full force and effect.
9. Acknowledgment and Agreement
By checking the acknowledgment box during the sign-up process, I confirm that I have read, understood, and agreed to the terms and conditions outlined in this Agreement. I affirm that I am of legal age to enter into this agreement and that I do so voluntarily.
I understand that by purchasing the NCLEX Coaching and Mentoring, that I consent to subscribe to receive periodic emails, of which I can unsubscribe at any time.
**Please note, all sales are final and there are NO REFUNDS!