Terms of Service for Educational Program Applicants

TERMS AND CONDITIONS:

• All tuition payments are non-refundable except in the case of a cancelled Pod Program, by Hatch Network. Failure to complete the course does not warrant a refund of tuition.
• A Hatch Network Pod Program may contain 7-10 participants.
• Students are allowed to miss 2 classes in the 12 class course, and are solely responsible for making up missed coursework.
• A Pod Program is approximately 36 hours of in-person, group meetings spanning 12 to 20 weeks depending on the Pod’s Mentor’s schedule, plus two open houses.
• Hatch Network cannot guarantee and does not promise any specific results from attendance of any program.
• Hatch Network has sole and exclusive ownership of all rights, title, and content associated with the Pod Program including all copyright and any other intellectual property rights therein.
• Fees are payable, and your credit card will be charged at the time that you are approved for participation in a Hatch Network Pod Program.In the event that the Fee, as appropriate, is not paid in accordance with the provisions herein, Hatch Network may deny you access to the Pod Program without notice.
• Hatch Network shall be entitled to cancel any Pod Program Session and terminate this agreement by notice to you at any time.
• Hatch Network does not represent or warrant that: (i) the provision of the Pod Program(s) will be timely, uninterrupted or error-free, (ii) the Pod Program will meet your requirements or expectations.
• The Pod Programs are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
• Hatch Network and its contractors shall not be liable for any special, indirect, incidental or consequential damages, including but not limited to loss of profits, goodwill, business or business benefit, or the cost of procurement of substitute products or services by you arising from:
• cancellation of a Pod Session;
• attendance at a Pod Session;
• alteration of the times, dates, itineraries or speakers of any Pod Session; or
• any delay or failure to provide a Pod Session that is due to third parties, including but not limited to internet service providers, data centers, server hosting companies and telecommunications companies, even if advised by you or any other party of the possibility of such damages.
• You shall not reassign your acceptance to the Pod Program.
• Neither party will be liable for any loss or damages arising from delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
• Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Hatch Network Pod Programs and such third parties shall not be entitled to enforce any term of this Agreement against Hatch Network.

WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

I understand that I have waived all claims against Hatch Network and its contractors for injury, accident, illness or death occurring during or by reason of participation in the Pod sessions, a field trip or excursion, and I therefore acknowledge that as a condition of my participation in the said activity, I waive any and all claims against Hatch Network and its contractors for injury, accident, illness, or death occurring during or by reason of the participation in said activity.

To the best of my knowledge, I am in good physical condition and fully able to participate in this program. I am fully aware of the risks and hazards connected with the participation in this event, including physical injury or even death, and herby elect to voluntarily participate in said event, knowing that the associated physical activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or loss or damage to property owned by me, as a result of participation in this course. I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, Hatch Network, their officers, servants, agents, contractors and employees (hereinafter referred to as RELEASEES) from any and all 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 me, or to any property belonging to me, while participating in physical activity, or while on or upon the premises where the event is being conducted.

It is my expressed intent that this release and hold harmless agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVE, DISCHARGE, and CONVENTION TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be constructed in accordance with state laws. In signing this release, I acknowledge and represent that I HAVE READ THE FORGOING Waiver of Liability and Hold Harmless Agreement, UNDERSTAND IT AND SIGN IT VOLUNTARILY as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreements have been made; and I EXECUTE THIS RELEASE FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.