BY USING THE PROGRAM MATERIALS OR ACCESSING AGELESS (“Site”), YOU (“Participant”) AGREE TO THE PROGRAM AND SITE TERMS AND CONDITIONS, AS MORE FULLY SET FORTH IN THIS AGREEMENT WITH DEBRA PONEMAN AND RONNIE NEWMAN AND THE SITE’S TERMS OF USE. YOUR CONTINUED ACCEPTANCE OF AND COMPLIANCE WITH THE AGREEMENT AND TERMS OF USE ARE CONDITIONS PRECEDENT TO YOUR RIGHT TO USE THE PROGRAM MATERIALS AND THE SITE.

This AGREEMENT (the “Agreement”) is made between The New Success, LLC. (“TNS”) and Site User (“Participant”). TNS and Participant are sometimes individually referred to as “Party” and collectively referred to as the “Parties.” WHEREAS, TNS has launched AGELESS (the “Program”) to provide mentoring opportunities for women and men 18 years or older; WHEREAS, Participant desires to participate in the Program; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, TNS and Participant hereby agree as follows:

  1. Waiver and Release. Participant hereby releases, waives, discharges and covenants not to sue TNS and its directors, officers, servants, agents, personnel, contractors, volunteers or employees (collectively, the “Released Party”) from any and all actual or alleged liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by Participant, or any of the property belonging to Participant, arising out of or incident to any acts, omissions, negligence, or willful misconduct of other Participants or the Released Party, or otherwise, while participating in the Program.
  2. Assumption of Risks. Participant is fully aware of the risks involved with the Program, including but not limited to, another Participant’s negligence, omissions or willful misconduct, and hereby elects to voluntarily participate in the Program with full knowledge of any such risks. Participant voluntarily assumes full responsibility for any risk of loss, property damage or personal injury that may be sustained by the Participant, or any loss or damage to property owned by Participant, as a result of being engaged in the Program.
  3. Indemnification. Participant hereby agrees to indemnify and hold harmless the Released Party from any loss, liability, damage or costs, including court costs and attorney fees, that the Released Party may incur due to or caused by Participant’s participation in the Mentoring Program, even if caused by the negligence of the Released Party.
  4. Not a Substitute for Counseling and Medical Advice and Treatment. Participant agrees to not use the Program as a substitute for counseling, psychotherapy, medical advice, medical treatment, substance abuse treatment or otherwise. Participant acknowledges that the Program is not being provided by a licensed medical and/or mental health professional. Participant represents that if Participant is currently in therapy of any type and/or under the care of a mental health professional that Participant has consulted with that professional regarding the advisability and appropriateness of Participant participating in the Program.
  5. No Warranties and Representations; and Limited Guarantee. PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES THAT TNS MAKES NO OTHER GUARANTEES AND FURTHER, TNS DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM PARTICIPATION IN THE PROGRAM, AND, IN ADDITION, TNS MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AS TO ANY BENEFITS, IMPROVEMENTS OR SUCCESS IN PARTICIPANT’S LIFE RESULTING FROM THE PROGRAM AND/OR ANY ACTIONS TAKEN AS A RESULT OF OR IN CONNECTION WITH THE PROGRAM.
  6. General Release of Unknown or Unanticipated Results. Participant does hereby assume the risks set forth in this Agreement, including without limitation, the risks set forth in Paragraphs 1, 2, 3, 4 and 5, and Participant agrees that Participant’s releases and waivers set forth in this Agreement shall apply to all unknown or unanticipated results of the transactions and occurrences of the Program, as well as those known and anticipated, and, Participant does hereby knowingly and expressly waive any and all rights and protections under California Civil Code Section 1542, which reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT TH TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”, or any similar law, rule or provision of any jurisdiction pertaining to the matters released in this Agreement.
  7. Participant Representations.In using this site, Participant acknowledges and represents that:
  • Participant has read the foregoing Agreement, understands it and signs it voluntarily as Participant’s own free act and deed.
  • No oral representations, statements, or inducements, apart from the foregoing written agreement have been made.
  • Participant is at least eighteen (18) years of age and fully competent; provided, however that people under the age of 18 may participate with parental approval.
  • Participant executes this Agreement for full, adequate and complete consideration fully intending to be bound by same.
  1. Termination. Participant agrees that TNS may, in its sole discretion, limit, suspend or terminate Participant’s participation in the Program without refund or forgiveness of monthly payments if Participant becomes disruptive or difficult to work with, if Participant fails to follow the Program guidelines, or if Participant impairs the participation of instructors or participants in the Program.
  2. Insurance. Participant understands that TNS does not maintain any insurance policy covering any circumstance arising from Participant’s participation in the Program or any activity associated with or facilitating that participation. Participant is aware that he/she should review his/her insurance portfolio.
  3. Authority to Enter Agreement.Each Party warrants that the individuals who have used this site and this Agreement have the legal power, right and authority to make the Agreement and bind each respective Party.
  4. Binding Authority.It is Participant’s express intent that this Agreement shall bind the members of Participant’s spouse, family, heirs, assigns and personal representative, and shall be deemed as a release, waiver, discharge and covenant not to sue the Released Party on behalf of the Participant.
  5. Entire Agreement.This Agreement contains the entire agreement between the Parties related to the matters specified therein, and supersedes any prior oral or written statements or agreements between the Parties related to the matters herein.
  6. Headings.Headings to the paragraphs of this Agreement are inserted only as a matter of convenience and for reference. Such headings in no way define or limit the scope of this Agreement nor the content of any provision of this Agreement.
  7. Waiver.No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel or otherwise.
  8. Amendment/Modification.No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by the Parties.
  9. Governing Law.This Agreement shall be construed in accordance with the laws of the State of California.