ML – Terms & Conditions

The promise of Make Lemonade is that you don't have to do a thing to get the good vibes. Please don't respond to these messages: This lemonade flows in one direction from my heart to your phone.
You can cancel at any time, this is not a thirst trap! Just shoot us an email at brian@brianpatacca.com and we will take care of it. However, we don't offer refunds, that includes our annual payment option (but you can still cancel anytime to avoid future charges).
Sharing is not caring, it's THEFT! I know this goes without saying, but out of respect for me and your fellow actors who invested in Make Lemonade don't copy, misuse, or share it any of the content or materials in this program. It's only meant for your hot little hands.
We hope this never happens, but if we decide to go roller skating and you break your leg, you can't sue us!

Questions, concerns, compliments? Contact us at brian@brianpatacca.com.

These Terms and Conditions govern your use of the Make Lemonade program (the "Program") and its related services provided by Make Lemonade ("Make Lemonade," "we," "us," or "our"). By accessing or using the Program, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please do not use the Program.

1. Acceptance of Terms
By accessing or using the Program, you affirm that you are of legal age to enter into these Terms and Conditions, or you have obtained consent from your parent or legal guardian to enter into these Terms and Conditions. You agree to comply with all applicable laws and regulations while using the Program.

2. Modifications to the Terms
Make Lemonade reserves the right to modify or update these Terms and Conditions at any time without prior notice. It is your responsibility to review these Terms and Conditions periodically for any changes. Your continued use of the Program after the modifications signify your acceptance of the updated Terms and Conditions.

3. Privacy Policy
Make Lemonade values your privacy and treats your personal information with utmost care. Please review our Privacy Policy [insert hyperlink to Privacy Policy] to understand how we collect, use, and protect your personal information.

4. Intellectual Property
All content and materials in the Program, including but not limited to text, graphics, logos, images, videos, and software, are the property of Make Lemonade or its licensors and are protected by intellectual property laws. You may not use, reproduce, modify, distribute, or transmit any content from the Program without obtaining prior written permission from Make Lemonade.

5. User Conduct
You agree to use the Program solely for lawful purposes and in compliance with these Terms and Conditions. When using the Program, you agree not to:

5.1. Violate any applicable laws, regulations, or third-party rights;
5.2. Interfere with or disrupt the Program or its servers or networks;
5.3. Transmit any malware, viruses, or any other harmful or disruptive code;
5.4. Engage in any fraudulent activity or impersonate any person or entity;
5.5. Collect or store personal information about other users without their consent;
5.6. Use any automated means, such as bots or spiders, to access or interact with the Program, unless explicitly permitted by Make Lemonade;
5.7. Engage in any activity that could disable, overburden, or impair the functionality or security of the Program;
5.8. Attempt to gain unauthorized access to any portion or feature of the Program;
5.9. Upload or transmit any content that is unlawful, defamatory, harmful, or otherwise objectionable.

6. Links to Third-Party Websites
The Program may contain links to third-party websites or resources that are not owned or controlled by Make Lemonade. We have no control over the content, privacy policies, or practices of such websites or resources. You acknowledge and agree that Make Lemonade is not responsible for the availability, accuracy, or completeness of any third-party websites or resources. Your interactions with such websites or resources are at your own risk.

7. Limitation of Liability
Make Lemonade shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Program or these Terms and Conditions. To the maximum extent permitted by applicable law, Make Lemonade's total liability for any claim arising out of or in connection with the Program or these Terms and Conditions shall not exceed the amount paid by you, if any, to Make Lemonade for the use of the Program.

8. Indemnification
You agree to indemnify, defend, and hold Make Lemonade and its affiliates, officers, directors, employees, and agents harmless from any claim, demand, or damages, including reasonable attorneys' fees, arising out of or in connection with your use of the Program, your violation of these Terms and Conditions, or your violation of any rights of a third party.

9. RIGHT TO CANCELLATION
You can cancel at any time by emailing brian@brianpatacca.com. Additionally, at the time of initial purchase (first payment), you may cancel this contract and obtain a full refund, without any penalty or obligation, if notice of cancellation is given, in writing (email), within 10 business days from the purchase date or the date on which you commence utilizing the services under the contract, whichever is longer.

For purposes of this section, business days are Monday through Friday. You are prohibited from cancelling or obtaining a refund if 10 business days have passed since the purchase date or the date on which you commence utilizing the services under the contract, whichever is longer. I understand that absolutely no refunds will be granted after that time for any reason whatsoever and that I do not have the option to transfer my payments to any future courses that may be offered.

To cancel this contract, email, mail or deliver or send by facsimile transmission a signed and dated copy of a cancellation notice or any other written notice of cancellation to the Company at 1308 E Colorado Blvd #2022 Pasadena, CA 91106 at MIDNIGHT OF the appropriate date (as outlined above). If the contract was executed in part or in whole through the Internet, you may cancel this contract by sending notification to: brian@brianpatacca.com.

If you cancel, all fees you have paid must be refunded to you within 10 business days after delivery of the cancellation notice to the talent service. If the 10-day cancellation period has passed, there will be no refunds. Please do not enroll in this course if you just want to “check it out.” We put an extraordinary amount of time and effort into this program, and we expect you to do the same.

Team BKP LLC reserves the right to cancel this contract for any reason at any time. If your contract is canceled, Team BKP LLC will determine eligibility for refunds on a case-by-case basis.

THE COMPANY IS A TALENT COUNSELING SERVICE. THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. THE COMPANY IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH TRAINING, COUNSELING, OR LISTING INFORMATION). FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.

Governing Law and Jurisdiction These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction of your residence, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms and Conditions shall be brought exclusively in the competent courts of that jurisdiction.

At Make Lemonade, we're committed to providing you with a high-quality program and valuable services. However, it's essential to understand that we do not offer refunds once you've made a purchase. We encourage you to review all the program details and make an informed decision before enrolling. We put significant effort into delivering the best possible experience, and we're confident that our program will be beneficial to you.

TEAM BKP’S RELEASE OF LIABILITY FOR IN PERSON EVENTS
I understand that Make Lemonade members may occasionally gather for in-person non-sanctioned, unofficial events. By continuing your enrollment in Make Lemonade, you agree to the following release, which covers any and all in-person events (referred to as "the Activity") organized by Team BKP, Inc. as well as other members of Make Lemonade.

1. In purchasing membership to this program, I and anyone claiming on my behalf release and forever discharge Team BKP, Inc. (referred to as "Releasee") and its affiliates, successors and assigns, officers, employees, representatives, partners, agents and anyone claiming through them (collectively, the “Released Parties”), in their individual and/or corporate capacities from causes of action of any nature and kind, known or unknown, which I may have against Releasee or any Released Parties arising out of or relating to any injury, loss or damage to person and property that may be sustained as a result of participation in the Activity (“Claims”).

2. I understand that participation in the Activity involves inherent risks, including risk of physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent paralysis and/or death, and I assume all related risks and voluntarily
participate in the Activity. I expressly agree and contract, on behalf of myself, my
heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company.

3. I hereby forever release and waive my right to bring suit against Releasee and/or their owners, shareholders, members, officers, directors, managers, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to participating in the Activity. I understand that this waiver means I give up my right to bring claims, including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence, and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen related to COVID-19.

4. I expressly agree to indemnify and hold harmless Releasee against any and all
claims, demands, rights of action, causes of action, lawsuits, damages and
judgments, including attorney’s fees, arising out of or relating to injuries or damages sustained by me through participation in the Activity. By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of the participation in Activity.

5. This Release for Participation in Event or Activity (“Release”) shall not be in any way construed as an admission by the Releasee that it has acted wrongfully with respect to me or any other person, that it admits liability or responsibility at any time for any purpose, or that I have any rights whatsoever against the Releasee.

6. This Release shall be binding upon the parties and their respective heirs,
administrators, personal representatives, executors, successors and assigns. I
have the authority to release the Claims and have not assigned or transferred any
Claims to any other party. The provisions of this Release are severable. If any
provision is held to be invalid or unenforceable, it shall not affect the validity or
enforceability of any other provision. This Release constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or understandings between the parties concerning the subject matter of this Release. This Release may not be altered, amended or modified, except by a written document signed by both parties. The terms of this Release shall be governed by and construed in accordance with the laws of the State of California. I understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

7. I have carefully read and fully understand all the provisions of the foregoing Waiver and Release of Liability and am freely, knowingly and voluntarily entering into this Release with full knowledge of its content.