This Participant Agreement (the “Agreement”) is entered into between Kelly McDaniel (“Kelly”) and the individual (“You” or “Participant”) registering for the Mother Hunger® Level I/Part I Facilitator Training Program (the “Program”). This Agreement describes the terms and conditions that apply to your participation in the Program.

If you do not understand any of the terms of this Agreement, please contact Kelly at contact@kellymcdanieltherapy.com before registering.

Participant’s Responsibilities

By participating in the Mother Hunger Level I/Part I and/or Part II Facilitator Training Program, You understand and agree that:

1. Due to the nature of the limited enrollment process, refunds are not available.

2. Participant will not promote own services, programs, summits, or trainings while a Participant in the Program including in the private online Mother Hunger Learning Community.

3. Participation in the Facilitator Training does not qualify you to train other clinicians, coaches, or other participants to facilitate Mother Hunger groups or workshops.

4. Mother Hunger is a federally registered trademark (the “Mark”) owned by Kelly McDaniel. Participant may not use the Mother Hunger Mark without Kelly McDaniel’s prior written consent, except as permitted by this Agreement.

5. Participant will not exert any ownership or other intellectual property rights in the Mark or register any confusingly similar marks or logos with the United States Patent and Trademark Office or elsewhere.

6. Participant will not make any statement which disparages the Program or Kelly McDaniel.

7. Kelly McDaniel’s decisions regarding the Program and the provisioning of a Certificate of Completion are final and are made in Kelly McDaniel’s sole discretion.

Termination

Kelly McDaniel may immediately terminate this Agreement and/or Your involvement in the Program if Participant breaches this Agreement.

Limitation Of Liability

In no event shall Kelly McDaniel have any liability to You or to any third party for any interruption of business, lost profits or revenues, or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort, or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. This limitation of liability shall not apply to the extent prohibited by applicable law.

In no event shall Kelly McDaniel’s aggregate liability arising out of or related to this Agreement (whether in contract or tort or under any other theory of liability) exceed the total amount paid by you, your employer, or a third party for your participation in the Program in the two (2) months before the claim arose.

Changes To The Program

Kelly McDaniel may periodically update, modify, or revise the Program Materials or the Program.

No Warranties

KELLY MCDANIEL MAKES NO WARRANTIES THAT YOU WILL BE AWARDED A CERTIFICATE OF COMPLETION OR THAT YOUR PARTICIPATION IN THE PROGRAM WILL RESULT IN ANY MONETARY OR COMMERCIAL BENEFIT. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE PROGRAM, THE CERTIFICATE OF COMPLETION, THE MOTHER HUNGER MARK, AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND KELLY MCDANIEL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Indemnification

You shall indemnify, defend and hold Kelly McDaniel, her employees and contractors harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising out of, relating to, or caused by Your use of the Certificate of Completion, Mother Hunger Mark, or a breach of this Agreement.

No Partnership Agency Or Joint Enterprise

Nothing herein shall be construed as creating a partnership, agency, or any form of joint enterprise based on this Agreement, Your participation in the Program, or Your use, display, or promotion of a Certificate of Completion.

Non-Waiver

No failure or delay by Kelly McDaniel in exercising any right under this Agreement shall constitute a waiver of that right. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be considered modified and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in full effect. There are no third-party beneficiaries to this Agreement.

Notices

All notices Kelly McDaniel under this Agreement will be in writing addressed to Kelly McDaniel at contact@kellymcdanieltherapy.com. and will be deemed to have been given the first business day after sending by email with recipient confirmation of receipt. Kelly McDaniel may provide notice to You using the email or physical address You provided during registration.

Choice of Law

This Agreement and any amendments hereto shall be governed by and interpreted according to the laws of the State of North Carolina without regard to conflicts of laws principles. Any disputes arising from or relating to this Agreement shall be decided by a state or federal court of competent jurisdiction in the State of North Carolina and the Parties submit to the jurisdiction of that court.

Right to Amend

Kelly McDaniel has the right to amend or add to the terms of this Agreement at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions with respect to the Program. You will be notified of any changes by email.

Assignment

You may not assign this Agreement, any rights or licenses granted in this Agreement to others without Kelly’s prior written consent.

Force Majeure

Neither Party will be liable for any delays or other nonperformance caused by telecommunications, utility or equipment failures; labor strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control.

Survival

All provisions of this Agreement that give rise to a party’s ongoing obligation will survive termination of this Agreement, including: Participant’s Responsibilities paragraphs 3, 4, 5, and 6; Warranties; Limitation of Liability; Indemnification; Non-Waiver; Choice of Law; Survival; and Entire Agreement.

Entire Agreement

This Agreement is the Parties’ entire agreement and supersedes any prior or contemporaneous agreements relating to the Program or the Mother Hunger mark.