DISCLAIMER, RELEASE, CONFIDENTIALITY AGREEMENT, AND NON-DISPARAGEMENT AGREEMENT:
As a condition of your participation in any programming offered by or as part of Equity Protection Partners, LLC, also known as the “Brewer Method,” you acknowledge and agree as follows:
1. The methods, processes and procedures explained in the programming have been formulated and practiced under the laws of the Commonwealth of Pennsylvania and the State of Texas, and the instructors and presenters make no representation or warranty as to the validity or applicability of those methods, processes or procedures in any other state or jurisdiction. Each participant is strongly encouraged to consult their legal and accounting advisors in any state or jurisdiction in which they intend to do business to confirm that legal, tax and other ramifications of the use of the methods, processes and procedures in that state or jurisdiction.
2. The instructors and presenters are explaining real estate investment transaction format concepts that have proven to be profitable for the instructors and presenters, but they make no representation, warranty or guarantee of the profitability of any transaction structured implementing those concepts, methods, processes or procedures.
3. RELEASE: In consideration of the presentation of the said methods, processes and procedures, you hereby agree to forever release, discharge and hold harmless the instructors and presenters, their associates, employees, agents and affiliates, from and against any and all claims, suits, actions, liability, obligations, duties, losses, damages, costs, fees, expenses or the like, of any kind or type whatsoever, arising out of or in any way relating to your use of said methods, processes and procedures in any way in any state or jurisdiction.
4. CONFIDENTIALITY: All information disclosed by the instructors or presenters to you as part of the programming shall be deemed to be “Confidential Information.” Confidential Information shall include, but is not limited to, the methods, processes and procedures discussed in the programming, along with any forms or documents provided or shared as a part thereof. You may use the Confidential Information received from the instructor and presenters only to the extent required to enable you to structure real estate investment transactions implementing the methods, processes and procedures presented. No other rights to the Confidential Information are implied or granted to you. Any use of the Confidential Information contrary to, or beyond the scope of, the authority granted under this section shall be deemed to be a breach hereof and shall entitle the non-breaching party to relief as hereinafter set forth. You agree that you will not disclose any Confidential Information to any person or entity, other than to your legal and accounting professional(s) with respect to structuring contemplated real estate investment transaction(s). You shall inform any such professional that all such matters are confidential and you shall be responsible for any failure by them to honor this confidentiality obligation.
5. NON-DISPARAGEMENT: You agree that as additional consideration for your participation, you are prohibited from making disparaging remarks, statements, or publications regarding Equity Protection Partners, LLC - or anyone else affiliated with that company or its customers, clients, and coaching students - to any third party, internet, web based, cloud based, or “review” type publication site, effective as of the date you begin participating in any programming offered by or as part of Equity Protection Partners, LLC. This provision relates to remarks, statements, publications, opinions, evaluations or any other thought process reduced to writing regarding: (1) this agreement; (2) any parties’ performance under this agreement and your participation; (3) any duty or obligation or action of or by either party that relates to or touches upon the management of this agreement. If any dispute arises regarding whether any remark, statement, or publication is disparaging, you agree that for purposes of this provision, expressly including the enforcement of this provision detailed below, that any remark, statement, or publication shall be irrefutably deemed disparaging if: (1) Equity Protection Partners, LLC requests, in writing, that you or the writing or publishing party remove the remark and/or publication; and (2) the remark and/or publication is not removed within 2 calendar days of said requests. You understand and agree that damages for failure to comply with this provision shall be liquidated at $500.00 per day for each remark, statement, or representation that is disparaging or is not removed within 2 calendar days of request to remove said remark, statement, or representation. You further understand and agree that enforcement of this provision is appropriate through a temporary restraining order and/or injunctions, and permanent injunctions, notwithstanding any rights under the First Amendment to the United States or other codified statute, regulation, or code, and that any party who prevails on enforcement of this provision, whether for monetary damages or injunctive relief is entitled to recover reasonable attorney fees against the other. You hereby agree that this provision shall survive the termination, expiration, or cancellation of this agreement and/or your participation in any programming offered by or as part of Equity Protection Partners, LLC, and is enforceable at any time should you publish a remark, statement, and/or publication or other writing which is subject to this provision.
6. USE OF NAME, LIKENESS OF SOURCE: You further agree that as additional consideration for your participation, Equity Protection Partners, LLC - or anyone else affiliated with that company or its customers, clients, and coaching students - may use yours and your company’s name and likeness in video and similar media for the purpose of advertising, promoting and selling its products and services to third parties and/or soliciting prospective clients, affiliates, strategic partnerships, associates, vendors, and any other third parties for purposes of financial gain to Equity Protection Partners, LLC. You expressly agree to allow Equity Protection Partners, LLC to use you and anyone else affiliated with you as a reference and to share yours and your company’s name, likeness, and contact information to third parties. At times Equity Protection Partners, LLC may make certain personal and business information of yours available to strategic partners to provide products and services, improve its products and services, and help its strategic partners market directly to you and your company. This provision shall survive the termination, expiration, or cancellation of this agreement and/or your participation in any programming offered by or as part of Equity Protection Partners, LLC.