THE BIG TALK
TERMS OF PURCHASE

General Terms

1. You are securing one of a limited number that the Company offers in this round of The Big Talk Live. This is an in-person experience to assist you in developing and presenting your six-to-eight minute talk. 
2. The Price is $5,000 US Dollars, payable in full by Credit Card. 
3. We make it easy to understand what it is like to do business with The Big Talk. Please check out the Company Policies before signing this Agreement. Those policies are part of this Agreement even though they are not spelled out in this document. You can access them HERE. 

The Big Talk Live Program Elements

1. Real Time Direction and Support in two days of live sessions. Company will provide two sessions, for support on content, delivery, and performance of a six-to-eight minute talk. 
2. Sessions will take place at The Triad Theatre. In these sessions, you will receive notes and direction from Company; have the opportunity to observe and be observed, to learn in real-time; 
3. Professional Reel. For participants, a professional reel will be provided to you for future use. 
4. The success of the program is dependent on your full participation.

Program Notices

1. Services.
   Done-for-you services of any kind, such as writing, editing, or professional hair and makeup, are not included. Complementary services of your choosing may be purchased at your own expense from third parties. 
2. Endorsements and Certifications.
   You are not receiving an endorsement from The Big Talk or Tricia Brouk. Do not create the appearance of an endorsement or rely on any person who claims to be endorsed by The Big Talk. 
3. Ownership of Written Materials.
   As a participant, you own your written materials. You do not have ownership of any written materials of The Big Talk, which is protected by federal copyright laws. You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, without express written consent of The Big Talk, which it may withhold for any reason, and purchase of a license (prices start at $5,000). 
4. Intellectual Property Policy.
   The Big Talk protects its names. You are not receiving permission to use trade and service marks of Company without express written permission. Furthermore, Company has a zero-tolerance policy for intellectual property infringement. By participating, you are warranting to Company that you own or have full legal right to perform and display your talk and accompanying audiovisual elements. You agree to indemnify, defend and hold harmless The Big Talk, its affiliates, successors and assigns from and against any and all claims, damages, losses, liabilities, lawsuits, costs and expenses (including attorneys’ fees at all tribunal levels) arising out of or related to any activity, work, or other thing done or permitted to be done by you where such liability arises from negligence on your part or the violation of this Agreement.  This includes any liability arising from breach of confidentiality by any party. 
5. Stage Time and Results Not Guaranteed.
   You are receiving a space in the program, support and guidance, but not guaranteed results from participating in the program. Further, stage time is offered as fairly and often as possible to accommodate the needs of the group, and is at Company’s final discretion. 
6. Confidentiality.
   The Big Talk cannot guarantee confidentiality. Do not share any confidential and proprietary information which may harm your business or personal interests if repeated, copied, or otherwise transmitted and/or implemented by a third party. 

Additional Legal Terms

1. There is a NO REFUNDS policy.
   By signing this Agreement, you acknowledge that no one has represented to you that refunds are available. Even if you cannot participate for any reason, you will continue to be billed according to the schedule in the General Terms of this Agreement through the end of the Term. The Big Talk considers this policy a material inducement to entering into this Agreement, which requires significant, upfront investment on the part of Company to prepare for your participation. Your seat cannot be filled once the Program has begun. The Company would not have entered into this Agreement unless this No Refunds policy were included.
2. The program is non-transferable.
   By signing this agreement, you acknowledge that you are committing to The Big Talk Live and cannot transfer to any other program at The Big Talk.
3. You are a Business Owner.
   You enter this Agreement in your capacity as a business owner, not as an individual consumer. This is true even if you do not have a business entity such as a limited liability company. As a business owner, you may have limited rights under the laws of your state, and may be giving up consumer rights.
4. Damages are limited under this Agreement.
   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT OF THIS AGREEMENT, EXCEPT THAT DAMAGES ARISING FROM INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS ARE NOT LIMITED PURSUANT TO THIS PARAGRAPH.
5. The Big Talk can end your participation in the program.
   Company may determine, in its sole discretion and without requiring disclosure of the reason, that the relationship under this Agreement must terminate. In this circumstance, Company will provide a pro-rated refund to you.
6. The law of the State of New York governs this Agreement and it will be enforced by either party in New York City, New York.
   This Agreement will be governed by New York law, without regard to its conflicts of law principles. I understand and agree that I submit to the personal jurisdiction and venue of this state and agree that any legal proceeding commenced shall take place in New York City, New York.
7. No Assignment; No oral waivers or modifications.
   This Agreement may not be assigned to any other party for participation in or delivery of the Program. Its requirements may not be waived or modified except in writing signed by the Company.
8. No relationship.
   The parties hereto expressly understand and agree that they are not employers or employees, principals and agents, or partners or co-venturers in the performance of each and every part of this Agreement, and they remain solely responsible for all of their respective employees and agents.