BY JOINING A LITERARY MASTERS GROUP (“GROUP”) OR ACCESSING OR USING ANY OF THE CONTENT OR FACILITATOR OR INSTRUCTION SERVICES (“SERVICES”) OF LITERARY MASTERS GROUPS LLC (“LITERARY MASTERS”), YOU (“MEMBER”) AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS (“TERMS”), AS MAY BE AMENDED FROM TIME TO TIME BY LITERARY MASTERS. PLEASE READ THESE TERMS CAREFULLY BEFORE JOINING A GROUP OR USING ANY OF THE LITERARY MASTERS CONTENT OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT JOIN A GROUP AND IMMEDIATELY CEASE USE OF ANY OF THE LITERARY MASTERS’ CONTENT AND SERVICES.

1. Representations. Member represents Member is over eighteen (18) years of age, is the parent or legal guardian of any minors who are joining a Group with Member (Member’s “Child” or “Children”), and Member may legally consent and agree to these Terms on Member’s own behalf and on behalf of Member’s Children. Member and Member’s Children are participating in the Groups voluntarily.
2. Recording Permission. Member acknowledges Group sessions may be recorded for internal training purposes and consents to Literary Masters’ use of Member’s and Member’s Children’s images and likenesses for such purposes.
3. Code of Conduct. All contributions to discussions are valuable and everyone must be treated with respect. Courtesy, respect, responsibility and trustworthiness are required traits of all Members (“Code of Conduct”).
4. Fees. Member agrees to pay the full membership fee prior to the start of the coming season. Member agrees no refunds or credits are given for missed meetings.
5. Term; Termination. Member agrees membership (“Membership”) is for the next season (“Season”) in Member’s registration (“Registration”). Member may cancel Member’s Membership at any time by notifying Literary Masters in writing. Member agrees, however, no refund or credit will be given for Member’s cancellation. Member agrees Literary Masters may cancel Member’s Membership if Member violates Literary Masters’ Code of Conduct or otherwise breaches these Terms.
6. LM Content. Literary Masters owns all of the content and materials originally developed by Literary Masters and provided to Member (“LM Content”) and all messages, feedback and materials posted by Members on Literary Masters’ website, as well as Literary Masters’ name, logo, branding, graphics; and all modifications, improvements, enhancements and derivative works thereof; and all associated intellectual property rights. Member may use and make copies of the LM Content only for Member’s personal, non-commercial use in connection with Member’s participation in the Group. Member agrees not to: (a) access or use any LM Content in an unauthorized or unlawful manner; (b) remove identification, copyright, or other proprietary notices in or on any LM Content; or (c) alter or modify, sell, distribute, republish, publicly perform, display, post, transmit, or create derivative works of any LM Content or any part thereof, except as expressly authorized in writing by Literary Masters.
7. Third-Party Content. Some of the content Literary Masters provides Member may come from third parties or include references and/or links to third-party websites, services, content, and/or materials (“Third-Party Content”). Literary Masters makes no claim or representation regarding the Third-Party Content and accepts no responsibility for the Third-Party Content.
8. Warranty Disclaimer. Literary Masters Content and Services, and all Third-Party Content are provided “as-is” without any representation or warranty of any kind. Literary Masters makes no, and all representations and warranties, whether express or implied, arising from a course of dealing, usage or trade practice, including without limitation any warranty of quality, merchantability, fitness for a particular purpose or non-infringement, are disclaimed and excluded to the extent allowed by applicable law.
9. Limitation of Liability. In no event will Literary Masters or Facilitators be liable for (a) any incidental, consequential, indirect or special damages or losses of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if Literary Masters or a Facilitator has been advised of the possibility of such damage, and whether or not any remedy provided should fail of its essential purpose; or (b) total cumulative liability (aggregating all claims over time) for any and all claims under any theory of law exceed the amounts received by Literary Masters for the applicable Season. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation/exclusion (a) may not apply.
10. Assumption of Risk. Member verifies all information provided to Literary Masters and its representatives is accurate, up to date, and without material omission. Member agrees Literary Masters offers Groups and Membership with no guarantee of results of any kind. Member agrees any results that occur during their Membership, whether positive or negative, are the effects of Member’s own personal choices. Member agrees Member’s and Member’s children’s participation in a Group may involve risks and these risks may lead to tangible or intangible harm. Member agrees these risks may result not only from their own actions but also from the actions of others in the Group, including other Members and the Facilitator. With the knowledge and understanding of these risks, Member chooses, of Member’s own will and volition, to continue participating in a Group and for Member’s children to continue participating in the Group. Member agrees to indemnify and hold Literary Masters, its owners, affiliates, and representatives, harmless from any damage, whether tangible or intangible, that may happen to Member while participating in the Group.
11. Release. Member knowingly, voluntarily and expressly waives any claim Member may have against the Group Facilitator, Literary Masters and its employees, agents or representatives, for damages and injury, including death, resulting from the ordinary negligence of the Facilitator, or resulting from any facility in which the groups are located, that Member or Member’s minor children may sustain as a result of participating in the Groups. Member, Member’s heirs, assigns, spouse and legal representatives forever release, hold harmless, waive, discharge and covenant not to sue the Facilitator(s), Literary Masters and their employees, agents or representatives for any injury or death caused by my voluntary participation in these classes.
12. Dispute Resolution. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws. If a dispute arises, Member and Literary Masters shall first attempt to resolve the dispute personally and in good faith. If the parties are unable to resolve the dispute within 30 days after initiation, the parties agree to mediate the dispute before a single mediator in San Francisco, California in accordance with the applicable JAMS mediation rules and each party shall share the mediation fees equally. If the dispute is not resolved by mediation, the dispute shall be submitted to binding arbitration before a single arbitrator in San Francisco, California in accordance with the applicable JAMS arbitration rules. Notwithstanding anything to the contrary in these Terms or otherwise, a party may pursue an equitable claim for a temporary restraining order, injunction or specific performance in any court of competent jurisdiction.
13. Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in these Terms.
14. Waiver. Neither party will be charged with any waiver of any provision of these Terms, unless such waiver is evidenced by a writing signed by the party and any such waiver will be limited to the terms of such writing.
15. Successors and Assigns. These Terms will inure to the benefit of and be binding on the respective successors and permitted assigns of the parties.
16. Entire Agreement; Amendment. Member’s Registration and these Terms constitute the entire understanding and agreement between Member and Literary Masters with respect to any and all participation in Groups and use of Literary Masters’ Content and Services. These Terms supersede and replace all prior or contemporaneous agreements or understandings, written or oral, regarding the parties’ relationship. Literary Masters may update and amend these Terms at any time. It is up to the Members to check these Terms periodically for updates.