Public Offer Agreement
1. GENERAL PROVISIONS
1.1. This Public Offer Agreement (hereinafter referred to as the "Agreement") is an official proposal of [Name of the Organizer / Company] (hereinafter referred to as the "Organizer"), addressed to an indefinite number of persons (hereinafter referred to as the "Participant"), to enter into an agreement for participation in a marathon, webinar, course, lesson, training (hereinafter collectively referred to as the "Event") under the terms and conditions set forth below.
1.2. In accordance with Article [insert relevant article depending on jurisdiction]*, this Agreement is a public offer. Full and unconditional acceptance of this offer shall be deemed to occur at the moment the Participant makes payment for participation in the Event. From that moment, the Participant is deemed to have fully and unconditionally accepted the terms of this Agreement.
1.3. The Organizer and the Participant are hereinafter collectively referred to as the "Parties," and individually as a "Party."
2. SUBJECT OF THE AGREEMENT
2.1. Under this Agreement, the Organizer undertakes to provide the Participant with services related to participation in the Event (marathon, webinar, course, lesson, training), and the Participant undertakes to pay for such services in accordance with the terms of this Agreement.
2.2. The type, content, duration, schedule, and cost of participation in the Event are determined by the Organizer and published on the Organizer’s official website [insert website link] and/or in other official communication channels of the Organizer.
2.3. The Organizer reserves the right to modify the program, schedule, or content of the Event, while ensuring that the quality and overall volume of the services provided are not diminished.
2.4. The Participant accepts that participation in the Event requires active involvement and compliance with the Organizer’s rules and instructions communicated during the Event.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Organizer undertakes to:
3.1.1. Provide the Participant with access to the Event in accordance with the terms of this Agreement.
3.1.2. Ensure the quality of services provided within the framework of the Event.
3.1.3. Provide information on the procedure, rules, and conditions of participation in the Event.
3.1.4. Maintain confidentiality of the Participant’s personal data in accordance with applicable law and the Organizer’s Privacy Policy.
3.2. The Organizer has the right to:
3.2.1. Determine the program, content, and schedule of the Event at its own discretion.
3.2.2. Make changes to the Event (including speakers, timing, and format), provided that such changes do not reduce the overall quality of services.
3.2.3. Restrict the Participant’s access to the Event in cases of violation of the rules of participation, disrespectful behavior, or non-compliance with payment obligations.
3.2.4. Use anonymized feedback, reviews, and statistics obtained during the Event for advertising and marketing purposes.
3.3. The Participant undertakes to:
3.3.1. Provide accurate and up-to-date information when registering for the Event.
3.3.2. Pay for participation in the Event in a timely manner and in full, according to the terms set forth on the Organizer’s website.
3.3.3. Comply with the rules of participation and instructions of the Organizer during the Event.
3.3.4. Refrain from distributing, recording, or otherwise using the materials of the Event for commercial purposes without the prior written consent of the Organizer.
3.4. The Participant has the right to:
3.4.1. Receive services in accordance with the terms of this Agreement.
3.4.2. Obtain additional information from the Organizer regarding the program, schedule, and conditions of participation in the Event.
3.4.3. Provide feedback and suggestions regarding the quality of the Event.
4. PROCEDURE FOR CONCLUDING THE AGREEMENT
4.1. This Agreement is considered concluded between the Organizer and the Participant at the moment of the Participant’s full and unconditional acceptance of this public offer.
4.2. The Participant’s acceptance of the offer is confirmed by performing one of the following actions:
payment for participation in the Event in the manner specified on the Organizer’s website;
submission of a registration form (if provided by the Organizer) followed by payment;
other actions clearly confirming the Participant’s intention to take part in the Event.
4.3. By accepting this Agreement, the Participant confirms that they have read, understood, and agreed with all the terms of this Agreement without any reservations or exceptions.
4.4. From the moment of acceptance, the Agreement is deemed concluded in written (electronic) form and has full legal force.
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1. The cost of participation in the Event is determined by the Organizer and published on the Organizer’s official website and/or in other official communication channels.
5.2. The Organizer has the right to change the cost of participation in the Event at any time. At the same time, the price already paid by the Participant before such changes shall remain unchanged.
5.3. Payment for participation in the Event is made by the Participant in the form of a 100% prepayment, unless otherwise specified by the Organizer.
5.4. Payment is considered completed at the moment the funds are credited to the Organizer’s settlement account (or other payment methods provided by the Organizer).
5.5. In case of non-payment or incomplete payment, the Organizer has the right to deny the Participant access to the Event.
7. LIABILITY OF THE PARTIES
7.1. The Parties shall be liable for non-performance or improper performance of their obligations under this Agreement in accordance with applicable law.
7.2. The Organizer shall not be liable for:
the Participant’s inability to participate in the Event due to technical issues on the Participant’s side (poor internet connection, malfunction of equipment, etc.);
any direct or indirect losses of the Participant caused by participation in or inability to participate in the Event, except in cases of proven fault of the Organizer;
the results achieved or not achieved by the Participant during or after the Event, since the effectiveness of participation depends on the Participant’s personal efforts and involvement.
7.3. The Participant shall be liable for:
providing false or inaccurate information when registering for the Event;
violation of the rules of participation or disrespectful behavior toward the Organizer or other participants;
unauthorized distribution or commercial use of materials provided within the framework of the Event.
7.4. In case of violation of clause 7.3.3, the Participant undertakes to compensate the Organizer for documented damages caused by such violation.
8. FORCE MAJEURE
8.1. Neither the Organizer nor the Participant shall be held liable for partial or complete non-performance of obligations under this Agreement if such non-performance was caused by circumstances beyond their reasonable control (force majeure), including but not limited to:
natural disasters (floods, earthquakes, hurricanes, fires, etc.);
war, military actions, terrorism, or civil unrest;
changes in legislation or government actions preventing performance;
failures in communication networks, internet outages, or power outages;
other extraordinary circumstances that could not have been foreseen or prevented by the Parties.
8.2. The Party affected by force majeure shall notify the other Party in writing within [insert number] calendar days after the occurrence of such circumstances, indicating their nature and expected duration.
8.3. The time for fulfilling obligations under this Agreement shall be extended for the period of force majeure.
8.4. If the force majeure situation lasts more than [insert number] calendar days and makes the fulfillment of obligations impossible, either Party has the right to terminate this Agreement without penalty, and the Organizer shall refund any prepayments for services not yet provided, unless otherwise agreed.
9. CONFIDENTIALITY AND PERSONAL DATA
9.1. The fact of entering into this Agreement is not considered confidential information by the Parties.
9.2. The Parties undertake not to disclose information obtained during the performance of their obligations under this Agreement, except in cases where disclosure is required by applicable law or with the consent of the other Party.
9.3. The Participant has the right to independently place an order for any available service under the terms of this public offer. In doing so, the Participant must provide personal information and contact details necessary for the Organizer to fulfill their obligations.
9.4. The Participant gives consent to the Organizer to process their personal data in accordance with the Privacy Policy posted on the Organizer’s website, in compliance with the applicable U.S. laws on personal data.
9.5. The Organizer undertakes to use the Participant’s personal data only for the purpose of fulfilling obligations under this Agreement and providing services.
10. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
10.1. The Website contains intellectual property owned by the Organizer, its affiliates, representatives, and other related parties acting on behalf of the Organizer.
10.2. By using the Website, the Participant acknowledges and agrees that all content and structure of the Website are protected by copyright, intellectual property rights, and that these rights are valid and protected in all forms, on all media, and with respect to all technologies, whether existing now or developed in the future.
10.3. No rights to any content on the Website, including, but not limited to, audiovisual works, text and graphic materials, software, trademarks, are transferred to the Participant by using the Website or entering into this Agreement.
10.4. In case of violation by the Participant of the provisions of this Agreement concerning the protection of the Organizer’s copyright and exclusive rights, the Organizer has the right to claim compensation of $10,000 (ten thousand) USD for each case of violation, as well as compensation for all incurred losses, including lost profits, and, if income is received as a result, reimbursement of lost profits along with other damages in an amount not less than such income.
11. ORGANIZER DETAILS
Organizer: Iryna Maskaliova
Address: Pittsburgh, PA 15220, USA
Email: hello@irynamaskaliova.com
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