November 17, 2022
Loom Participant Subscription Agreement
Loom partners with thoughtful leaders and organizations to foster communities of growth, belonging, and service because we believe incredible things happen when you create the space and tools to help each other become more fully alive. We are delighted that you have chosen to walk this path with Loom. Before we begin our journey please take a moment to read and sign our terms and commitments below.
This Loom Participant Subscription Agreement (“Agreement”) is entered into by and between Loom, Inc., a Nevada corporation having its principal place of business at 600 Houze Way, Suite D3, Roswell, GA 30076 (“Loom”), and the party identified as the Customer on an Order Form, as defined below (“Customer”) as of the date of the Order Form.
By executing an order form that references this Agreement (each, an “Order Form”), Customer agrees to the terms and conditions of this Agreement and that such terms and conditions shall govern the services to be provided by Loom under any Order Form submitted by Customer and accepted by Loom (“Services”), as though the provisions of this Agreement were set forth in their entirety within such Order Form, and so that each Order Form and this Agreement shall be considered one, fully integrated document and agreement. Customer agrees that Services provided hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written comments made by Loom regarding future functionality or features.
Terms and Conditions
The following fees for the in-person retreat are covered as part of your subscription:
- Lodging for designated retreat dates
- Food and beverage for designated retreat dates
- Retreat activities and meetings
The following fees shall be covered by Customer:
- Airfare or ground transportation to retreat location
- Lodging for extended stays beyond the designated retreat dates
- Additional services not included in retreat agenda (e.g., spa services, golf, etc.)
The parties acknowledge that strict adherence to attendance requirements may be difficult due to the demands on Customer’s time and professional obligations. However, Customer acknowledges that make-up sessions are not offered in the case of missed virtual or in-person events.
Customer acknowledges that strict adherence to confidentiality is essential to the Loom experience. As such, Customer agrees to comply with the following guidelines:
- Anything discussed in meetings, during one-on-one conversations, and in the Loom platform (“Confidential Information”) is and shall remain confidential and may not be disclosed without the prior written consent of Loom.
- Care and attention should be given to support a safe and relaxing environment for all participants.
Please note that Confidential Information may be disclosed as required by applicable law, rule or regulation or in a civil or criminal legal proceeding, regulatory proceeding or similar process. If Customer is legally compelled to disclose Confidential Information, Customer shall provide Loom with prompt notice, to the extent practicable, prior to disclosure and shall only disclose the minimum amount of Confidential Information necessary. Customer agrees to exercise caution when discussing anything Customer would not want disclosed in any legal proceeding.
Photography and Video
Photographs and non-confidential videos are taken at most Loom events. We share this media with individuals who register for these events, and believe that using photos of Loom events in our publications fosters a sense of community. We use photos and videos to enhance the quality of our websites, social media, newsletters, and occasionally print materials. As a participant in Loom events, you have a right to opt out of inclusion in photographs/media, but unless you inform us otherwise, participation implies permission for the use of images taken at those events.
Loom will never post images with identifying information such as name or email address. No special compensation is provided to any individual included in images taken at Loom events. Loom does not contact individuals to notify them if or when their images are used.
If you would prefer not to be photographed, please let us know at email@example.com, and alert event photographers so you are not accidentally captured in crowd shots. If you would like to see images from events you have attended, or if you would like us to delete images of you, please let us know at firstname.lastname@example.org.
Responsibility For Actions and Decisions
Customer understands the Services are not a substitute for the advice of Customer’s personal or professional advisors and Customer agrees that all of Customer’s decisions and actions, and their consequences, are entirely Customer’s responsibility. Customer acknowledges that abuse, discrimination, and harassment (including sexual harassment) will not be tolerated and may result in the immediate termination of this Agreement by Loom.
Customer acknowledges that Loom cannot control, monitor, or be responsible for the conduct of participants and that disputes or claims arising out of violations of these guidelines shall remain between the disputing parties without liability to Loom.
Customer shall not solicit any members in the Loom platform or use any information obtained during the Services to compile marketing or any kind of customer database.
Competition and Hiring
Customer shall not use any non-public information posted on the platform or shared during the sessions to, directly or indirectly, either individually or with others, compete with Loom or solicit customers, employees, contractors, or business away from Loom or otherwise cause economic loss to Loom.
Helping To Protect Our Intellectual Property and Client Confidentiality
Customer agrees that any reproduction, presentation, distribution, transmission, or commercial use of the concepts, strategies, methods, materials, and all other trademarks, copyrights, and other intellectual property owned by Loom in any media, now known or hereafter invented, is prohibited without the express written permission of Loom. Customer agrees that it shall not use any device to make an audio and/or visual recording, transmission, or broadcast of any of the Services, in whole or in part.
Customer commits to taking all the necessary precautions to safeguard and secure their personal username and password used to access to Loom platform and the information contained therein. In the case where Customer believes any user access information is compromised, Customer shall promptly notify Loom.
Protecting Your Personal Information
Loom does not rent, sell, or otherwise disclose personal information about its clients to third parties, and will use commercially reasonable efforts to protect Customer’s personal information against loss and unauthorized use. Customer shall indemnify Loom and its directors, officers, agents, and employees from any liability due to unauthorized disclosure or use of this information.
Rights Reserved by Loom
Loom reserves the right to reschedule workshops and/or substitute coaches.
Customer agrees to defend, indemnify and hold Loom harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
- Customer’s use of and access to the Services, including any data or content transmitted or received by Customer;
- Customer’s violation of this Agreement, including, but not limited to, Customer’s breach of any of the representations and warranties set forth in this Agreement;
- Customer’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- Customer’s violation of any statutory law, rule, or regulation;
- any content that is submitted from Customer’s account, including third party access with Customer’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information; or
- Customer’s willful misconduct.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Loom be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Services;
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or Customer’s account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from Customer’s access to or use of the Services;
- any unauthorized access to or use of the Loom’s secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Services;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or
- the defamatory, offensive, or illegal conduct of any Customer or third party.
In no event shall Loom be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by Customer hereunder in the preceding twelve (12) months.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Loom has been advised of the possibility of such damage.
The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Loom is not responsible for delays, delivery failures, or other damage resulting from such problems not caused by Loom. In addition, Loom reserves the right to change the location and/or format of the in-person Retreat and shall be excused from performance under this Agreement or any Order Form for any period to the extent Loom is prevented from performing any obligation, in whole or in part, as a result of causes beyond its reasonable control including, without limitation, acts of God, natural disasters, war or other hostilities, pandemics, epidemics, labor disputes, civil disturbances, or governmental acts, orders or regulations.
This Agreement, including all Order Forms, constitutes the entire agreement between the parties concerning the subject matter hereof, and supersedes (a) all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements, and communications, whether oral or written, between the parties relating to the subject matter of this Agreement; and (b) all past courses of dealing and industry custom. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto or any Order Form, the terms of such exhibit, addendum or Order Form shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions set forth in Customer’s purchase orders or other documentation (excluding Order Forms) shall be incorporated into or form any part of this Agreement, and all such terms and conditions shall be null and void.
Each party has read, understands and agrees to the terms and conditions of this Agreement.