Participation Terms of Agreement

This is a General Agreement relevant to any event hosted by MyResilient Wellness. If chosen as a speaker/participant, you will receive an agreement specific to the event you are participating in.

This Agreement sets for the Terms of Participation for your participation in an Online Giveaway (hereinafter the “Giveaway”). In order to become a Contributor, you must consent to these Terms and fulfill your obligations as a Contributor. The Giveaway is located at http://www.my-rw.com (the “Website”), which is owned and operated by MyResilient Wellness

By signing up to participate in the Giveaway, by submitting your payment, or by completing your submission to MyResilient Wellness (hereinafter the “Company”), by clicking “accept,” or by participating as a Giveaway Contributor (hereinafter “Contributor”), you agree to be bound by this Agreement.

If you do not agree with these terms, you should leave the Company website or the applicable submission page or contact us immediately so that we

can remove or delete any content you have submitted to us. In these terms and conditions, “We/us/our/[d/b/a]” means MyResilient Wellness “You/your” means you as a user of the Website and/or Contributor.

Any information, material, content, recordings, presentations or similar media that you provide, submit to us (through our website or via email), or permit us to record as part of your participation in the Giveaway, constitutes “Contributor Content.”

Summary of Contributor Content Submission Guidelines.

You have read and agree to the Giveaway Rules (including Contributor Content Submission Guidelines) found.

Types of Contributor Content Available to Giveaway Participants.

There are two types of Contributor Content: your Contributor Credentials, which include any information related to you as the Contributor, e.g. your bio, headshot, summary of your business or offerings, etc., and then all remaining information related to your contribution to the giveaway: your course, program, information product, digital download, live presentation, etc.

You acknowledge that all information, content, or material that you have made available to participants of the Giveaway, may be attended, viewed, reviewed, and shared by Giveaway Participants, i.e. members of the Company’s subscriber audience as well as by other Contributors’ subscriber audiences.

Submission Deadlines. Please visit the Contributor Content Submission Guidelines [Guidelines] to view all deadlines related to the Giveaway.

Payment Requirements. If there is a payment requirement to participate as a Contributor in the Giveaway, the requirement will be as disclosed in the Giveaway Rules. Payment is required before any Services associated with your participation in the Giveaway will commence, and any failure to comply with any payment requirements that apply will constitute grounds for removal from the Giveaway.

Refund Policy. If payment is required to participate, consistent with the Giveaway Rules, there are no refunds available. Please be sure that the Giveaway is a fit for you before you submit Contributor Content and make any payment, if required.

Compensation. If, as a Contributor, there is an opportunity for Contributor compensation as a part of participating in this event (for example, as in an affiliate program), Compensation will occur as outlined in the Giveaway Rules [ Payment will be made in the form and in accordance with the timeline indicated in the Giveaway Rules, so long as you comply with all applicable requirements (i.e. providing accurate information to ensure Company is able to contact you and make any payments necessary). You may be required to provide additional information, including a PayPal email address or alternative method for receiving payment, in accordance with the written directions provided by the Company.

Marketing Efforts. You agree to support the promotion and marketing efforts of the Giveaway as outlined in the Giveaway Rules . Generally, the marketing efforts required in support of the Giveaway include sharing a minimum number of times across social media platforms via your personal or business social media accounts, sending emails to your list announcing and promoting the giveaway, and anything else described on the Giveaway website or Giveaway Terms of Participation in accordance with the Giveaway timeline or schedule.

Contributor Credentials. Company may request information at the time of your submission which includes your name, title, affiliated institution (optional, and if

applicable), professional credentials, website, and other information related to you as a presenter or Contributor. You hereby grant us a perpetual, non-exclusive, worldwide, and royalty-free right and license, without expectation of payment or remuneration to you, to use your name and Contributor Credentials, alongside your image, likeness, voice, and Contributor Content on our platform and in any of our marketing or promotional efforts. (This provides us the freedom to market the event and showcase the presenter while Company is using the content for purposes of fulfilling this Agreement.)

Contributor’s Representations and Warranties. By completing your submission of Contributor Content, you represent and warrant that you own, have full rights to or otherwise control the content and information that you submit or send to us (the “Contributor Content”), that such content is accurate and truthful and does not violate these Terms of Participation, our Website Terms, and Conditions or our rights, or those of any third party, and will not cause injury to anyone. You expressly warrant that you have the permission or authority to share with the Company, for distribution, sale, or resale, all information included in your Contributor Content, including any images, media or other content used in your submission or including any recorded presentations, or live presentations which we may record through our platform. You warrant that you are not violating the rights of any third party, including but not limited to any third party’s intellectual property rights by submitting your Contributor Content to us.

If your submission of Contributor Content to us would require authorization or consent from an Institution, Organization or Company with whom you are affiliated, or any other individual(s), including any participating in or contributing to the Contributor Content, you expressly warrant and represent that you have received such authorization or consent, and affirm that we have the right to rely upon your representation.

You agree to indemnify us and our affiliates and designees from and against any and all claims arising out of, resulting from, or relating to our use of your Contributor Content, in accordance with these Terms and additional language below. We assume no responsibility and have no liability for any Content created or submitted by you or anyone else.

Each time that you access the Website or create or complete a submission of Contributor Content, you hereby ratify and confirm these terms, applicable to any submission and all previous submissions by you to us.

Media Consent License Granted to Company. By uploading, submitting, or otherwise providing any Contributor Content to the Company including Contributor Content delivered live, you hereby grant Company a perpetual, worldwide, non-exclusive, and irrevocable right and license (without any obligation by Company whatsoever to use said content), to record, capture, reproduce, copy, prepare derivative works incorporating, publicly display, perform, market, sublicense, sell and otherwise distribute such Contributor Content in all formats, including but not limited to live video and audio streams, audio and video recordings, and transcriptions.

You further agree that Company may use excerpts or segments of the Contributor Content in all forms and media, including advertising and related promotion throughout the world and in perpetuity, without limitation while Company is using the content for purposes of fulfilling this Agreement. (The perpetual, worldwide license allows us, amongst other things, to use excerpts for advertising, and sharing via social media, which does not get deleted once it is posted).

In the event that the Giveaway includes an online or live presentation, you also grant the Company the right to capture and use your image, likeness, voice and name in connection with all uses of the Contributor Content.

Contributor Retains Intellectual Property Rights. Contributor will retain all original ownership rights in and to Contributor’s intellectual property including any copyrighted material utilized in the Contributor Content. By participating in the Giveaway, Contributor does not transfer any of Contributor’s original intellectual property to the Company Communications. The online community, forum, or website associated with the Giveaway is intended to be a supportive, respectful and positive community for all involved. Communicating disrespectfully to the host (Company) or any other Contributors or Participants constitutes grounds for removal from the Giveaway and any associated online community, forum, or website associated with the Giveaway, which decision shall be in the sole discretion of the Company.

Reservation of Rights. Company reserves the right to remove you from the Giveaway for cause, whether a breach of this contract, an act of misfeasance against the Company, a representative of the company or a participant of the Giveaway, or other inappropriate action, which may include any action which causes a disturbance at the event or otherwise negatively impacts the experience of others participating in the Giveaway. Such a determination shall be made solely by Company. You agree that your exclusive remedy in such a scenario, if any, will be limited to the refund of any amount paid to participate in the

Giveaway.

Third-Party Infringement. You acknowledge that Company is not responsible for any use by third parties resulting from our sharing of your Contributor Content and that we are under no obligation to enforce our Website Terms & Conditions or any other agreement that may exist between us and any third party, nor are we liable to you or any third party for any breach of our legal terms or infringement or wrongful conduct by any third party. You shall retain all rights to pursue any third party for violations of your intellectual property irrespective of our involvement. We cannot and do not control the actions of third parties, including third-party viewers or Giveaway Participants.

Moral Rights. You hereby waive any “moral rights” including the right to object to the modification of your Contributor Content. Company also has the right but not the obligation to alter, modify, edit, revise, resample, convert, correct, resize, or to create a composite of your Contributor Content or Contributor Credentials to correct what we determine, in our sole discretion, to be an error or omission, or to support the marketing, distribution, sale, or licensing of your Contributor

Content. We will have no liability to you or any third party if we do not exercise these rights. (For example, we may need to modify, resize, or restructure your material to fit online advertising sizing requirements, layout requirements, etc).

Compliance with Applicable Law. Contributor represents and warrants that at all times it is and will remain in compliance with applicable laws, including any laws governing privacy, data collection, email and online marketing (including anti-spam laws, and laws prohibiting the collection of data from children online). Contributor is responsible for maintaining its own legal documentation on its website, posting any required privacy policies or other data collection notices, legal terms and disclaimers, and in all ways complying with truth-in-advertising laws that require disclosure of affiliate relationships, paid-for or bargained-for testimonials, earning disclaimers and more. The Company is not and shall not be held responsible for Contributors’ actions or inactions including any that fail to comply with applicable law.

Indemnification. You agree to indemnify, defend, and hold harmless Company and Company’s agents, representatives, assigns, licensees and successors from any and all damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs related to any claim or proceeding by a third party that may arise regarding Company’s use of the Contributor Content including but not limited to any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity or copyright.

Limitation of Liability. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF, OR ANY INABILITY TO USE, THE SERVICES, COMPANY’S WEBSITE, OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICES, OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO PARTICIPATE IN ANY SERVICES PROVIDED BY COMPANY.

Disclaimer of Implied Warranties. The Parties acknowledge that all deliverables are provided “as is.” Except as expressly provided in this Agreement, neither party makes any other representation or warranty, oral or written, express or implied, either in fact or by operation of law, statute, or otherwise, and each party specifically disclaims any and all implied or statutory warranties including warranties of merchantability and of fitness for a particular use or purpose, or technical performance.

Earnings Disclaimer. RESULTS ARE NOT GUARANTEED. Any statement made on the website or in the Giveaway regarding results or outcomes (including list-building, networking, income, or related topics) are provided as examples only, and do no guarantee you future results. Please note that the stated results are not typical and there is no guarantee that you will achieve the same or similar results. As with any endeavor, results may vary, and depend on a wide variety of factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation. The use of any products or services offered through the Company, including participation in the Giveaway, should be based on your own due diligence. You agree that the Company (including its agents, representatives, sponsors, promoters, advertisers or affiliates), are not responsible for the success or failures you experience in your personal life or business,

including any results or outcomes related to this event.  

Term. This Agreement will be effective upon receipt of Contributor’s submission of Contributor Content. Contributor Content may be used by the Company, including in its online platforms indefinitely, or until either party elects to remove it.

Cancellation/Removal of Contributor Content. Under limited circumstances, you may cancel your account or request the removal of your Contributor Content for courses at any time subject to thirty (30) days advance written notice. (Including circumstances where infringement is alleged, or some other violation of law or requirement to comply with a governmental or court order exists). Company will make reasonable efforts to comply with your request, however there may be certain instances where removal of the Contributor Content may be subject to a longer timeframe or is not possible, which decision shall be in the sole discretion of the Company. (For example, for social media posts, etc., we will not be removing them after the fact, as posts are not easily tracked or deleted.)

No Requirement to Use. Company is not obligated to utilize the rights granted in this Agreement.

Terms of Use Agreement. You agree to the terms and conditions of the Terms of Use Agreement found at http://www.my-rw.com.

Privacy. You also consent to have received notice of our Privacy Policy, found at http://www.my-rw.com.

Waiver. The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Relationship. Contributor agrees that no joint venture, partnership, employment or agency relationship exists between Company and Contributor as a result of the relationship established by this Agreement.

Modification. In the event that modifications to this Agreement may be advised or required in the future, either party may submit a written request for modification to the other Party, subject to a 30-day window for consideration. There is no requirement to approve or agree to any requested modification, in which case the original agreement remains binding as is.

Assignment. No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.

Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

Dispute Resolution. In the event that a dispute arises pursuant to this Agreement, the parties agree that they will first make good faith efforts to resolve the dispute directly between themselves, and that if those efforts fail, they will engage in mediation to be performed by a mutually-selected mediator at a location agreed upon by the parties or conducted online or telephonically allowing parties to participate from their respective locations. If mediation fails, either Company or Contributor may submit a written demand to the other that the dispute must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Lincoln, Nebraska. Any dispute resolution options pursued must permit the Parties to participate remotely (online or

telephonically), and Parties agree to make best efforts to resolve any dispute within a reasonable timeframe.

Governing Law. This Agreement and any action related thereto shall be governed by the laws of the State of Nebraska without regard to its choice of law principles.

Force Majeure. If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of

any sums of money owed by you to the Company; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

Construction. This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.

Entire Agreement. This Agreement represents the entire understanding and agreement of the parties relating to the submission of your Contributor Content, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding this topic are of no further force and effect. In order to participate as a Contributor you may be notified that you may be required to agree to additional terms and conditions as Services are revised over time. You may receive a copy of this Agreement at any time by emailing the Company at mailto:shannon@my-rw.com and requesting a copy

of your “Giveaway Terms of Participation.”

Compliance with the Law. In the event Company is required by law to disclose information included in your submission or Contributor Content, nothing contained in this Agreement shall be in derogation of Company’s right to do so.

Notices. Any and all notices, demands, or other communications related to this Agreement shall be in writing and may be validly made or given when sent via e-mail. Such communications shall be effective when they are received and acknowledged by the addressee, which acknowledgement shall not be purposely or unreasonably withheld.

Contact. If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at mailto:shannon@my-rw.com.

Thanks so much! I look forward to working with you!

Shannon