*Please note: (i) ALL DEPOSITS ARE NON-REFUNDABLE; (ii) Terms and Conditions below do NOT apply for Camp, Club Team, or Classes; (iii) we will send you separate contractual Terms and Conditions paperwork for these services upon confirmation of payment.*
5. Services NOT Included. Unless included as a “Service” in Section 1, Company and DebateDrills Tutors shall be under no obligation to provide any additional services including, without limitation, over the phone coaching at any debate Tournament, on-site coaching at any Tournament, or arguments or cases produced or created by Company in respect of any Topic or Tournament. These services must be negotiated separately and may be subject to additional fees.
6. Access to Files. Parent and Student agree that access and use of any files that are the property of DebateDrills, including Backfiles, DebateDrills Files, and Debate Files, is limited to the duration of this Agreement and that all such files remain the property of DebateDrills. Should the Agreement be terminated for any reason, Student and Parent may not access, distribute, or otherwise use in any way any of the aforementioned files, whether for personal, professional, or any other purpose.
7. Recording and Use of Likeness. You hereby grant to DebateDrills the right and permission to use in perpetuity your name, likeness, image, voice, recorded voice, appearance, statements, performance, and/or testimonial (collectively, “Likeness”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing DebateDrills’ products and services, without review, permission, or compensation of any kind or amount whatsoever. DebateDrills shall have complete ownership of any recording, product, copy, presentation or other material containing your Likeness, including copyright interests, and you acknowledge that you have no interest or ownership. This grant includes, without limitation, the right for DebateDrills to edit, abridge, augment, title, or create a compilation from my Likeness in whole or part as DebateDrills may elect in its sole discretion.
8. Opt Out of Recording and Use of Likeness. You may opt out of Section 7 of these Terms and Conditions exclusively by emailing email@example.com with a message that includes (1) your name; (2) your username on the Website, if any; (3) a statement that you wish to opt out of Section 7 regarding Recording and Use of Likeness of these Terms and Conditions. Any other efforts to opt out of Section 7 shall be invalid and shall have no effect.
9. Term. These Terms and Conditions shall remain in full force and effect while you use the Website and/or Services. DebateDrills, in its sole discretion, for any or no reason whatsoever, and without penalty, may suspend or terminate any account you may have with DebateDrills or your use of the Website and/or Services and discard any or all of your account, profile, and user content at any time. DebateDrills may also stop providing Services at any time and without prior notice. You may terminate these Terms and Conditions by completely discontinuing use of the Website and Services in addition to deleting your account.
10. User Interactions and Release. DebateDrills is not responsible for the actions, content, information, or data of other third parties, including other users of the Website or Services. You are solely responsible for your interactions with any other users of the Website and services
11. Limitation of liability. PARENT AND STUDENT AGREE AND ACKNOWLEDGE THAT (I) IN NO EVENT SHALL DEBATEDRILLS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, (II) UNDER NO CIRCUMSTANCES SHALL DEBATEDRILLS BE HELD RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF ANY ASSISTANT COACH, ANY OTHER PERSON, STUDENT, OR CLIENT OF DEBATEDRILLS FOR ANY CAUSES OF ACTION, DAMAGES, CLAIMS, JUDGMENTS, COSTS OR EXPENSES, INCLUDING ATTORNEY FEES AND LITIGATION COSTS WHICH MAY ARISE FROM SUCH ACTIONS OR OMISSIONS AND (III) IT WILL HOLD DEBATEDRILLS HARMLESS AND NOT INSTITUTE ANY ACTION OR PROCEEDING AGAINST DEBATEDRILLS OR SEEK ANY COMPENSATION, RECOMPENSE, COSTS, EXPENSES OR DAMAGES FOR ANY CLAIMS OR CAUSES OF ACTION ARISING FROM ACTIONS OR OMISSIONS OF ANY ASSISTANT COACH, ANY OTHER PERSON, STUDENT, OR CLIENT OF DEBATEDRILLS. YOU ACKNOWLEDGE AND AGREE THAT DEBATEDRILLS HAS OFFERED THE SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DEBATEDRILLS, AND THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DEBATEDRILLS.
12. Indemnification. You agree, to the extent permissible under state and federal law, to indemnify, defend, and hold harmless DebateDrills and its contractors, employees, officers, directors, and any other affiliates from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind including legal fees and expenses, from any claim or demand made by any third-party relating to or arising out of your access or misuse of the Services, your breach or violation of any of the provisions of this Agreement, your failure to comply with any applicable laws including failure to obtain necessary parental consent, or your breach or alleged breach of any interaction, agreement, or policy between you and any other students.
14. General Provisions.
15. Contact. If you have any questions about these Terms and Conditions, you may reach DebateDrills by email at firstname.lastname@example.org.
CAUTION: THIS AGREEMENT RESTRICTS YOUR RIGHT TO DISCLOSE OR USE DEBATEDRILLS’ CONFIDENTIAL INFORMATION.
THIS AGREEMENT WAIVES YOUR RIGHT TO A TRIAL BY JURY.
PARENT HAS READ THIS AGREEMENT CAREFULLY AND UNDERSTANDS ITS TERMS.