THIS FOGG WORKSHOP PARTICIPANT AGREEMENT (THE “PARTICIPANT AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND BJ FOGG LLC, (“BJF” OR “WE”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PARTICIPANT AGREEMENT, DO NOT REGISTER, PAY FOR OR ATTEND WORKSHOP.

1. Intellectual Property.
1.1 Rights to BJF Materials and Feedback. This Online Course Workshop will train You in the behavior design methodologies developed by Dr. BJ Fogg and described in more detail on Exhibit A (collectively, the “Fogg Methodology”). During the Workshop, You will receive information about the Fogg Methodology in the form of digital files called the Behavior Design Toolkit (the “Toolkit”), as well as in oral, visual and written form (all of the foregoing are collectively referred to as the “Workshop Materials”). All intellectual property rights in such Workshop Materials are retained by BJF. In addition, You hereby assign to BJF all right, title and interest in and to any feedback or suggestions for changes or improvements to the Fogg Methodology or Workshop Materials provided by You.

1.2 Your Use of the Materials and Methodology. The purpose of the Online Course Workshop is to teach You certain insights and skills based on the Fogg Methodology that will be useful to You in Your professional projects. We encourage You to fully use the insights and skills You learn at the Workshop to be more effective in understanding how to influence human behavior. However, the Fogg Methodology and Workshop Materials themselves are protected by copyright and other intellectual property rights of BJF so You are not permitted to replicate any portion of the Workshop, such as creating a training program or a workshop based on the Fogg Methodology. Specific rights to the use of the Fogg Methodology and Workshop Materials, and limitations on such rights, are described in greater detail on Exhibit A.

2. Payment. Your Fee for the Workshop will be set forth on Your registration form (“Registration Form”) or on a registration page. Payment in full is due upon registration. The details on the Registration Form or the Kajabi checkout page which sets forth other payment terms, including information about cancellation and refunds.

3. Method of Delivery. Workshop will be provided remotely via previously recorded video. Each Participant must meet the system requirements of the delivery method selected (e.g. Kajabi).

4. Recording. Participants are not permitted to copy, record, or photograph any portion of the Workshop. This includes taking screenshots or digital photos of video presentations and making audio recordings. You are permitted - and encouraged - to take personal notes. BJF may elect to record Workshop to use for its internal business purposes.

5. DISCLAIMER OF WARRANTIES. BJF MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER UNDER THIS PARTICIPANT AGREEMENT. IN PARTICULAR, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS ARE EXPRESSLY EXCLUDED.

6. LIMITATION OF LIABILITY. BJF SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOSS OF DATA) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF BJF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF YOU ASSERT OR ESTABLISHES FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
IN NO EVENT SHALL BJF’S LIABILITY FOR ANY CAUSE WHATSOEVER EXCEED TWO HUNDRED NINETY-NINE DOLLARS ($299).

7. Confidential Information. During the course of the Workshop, You will be exposed to certain information relating to BJF’s business, research, frameworks, methodologies, customers and products which is of a confidential and proprietary nature to BJF and is and not generally known to the public (“Confidential Information”). If such information is disclosed orally, BJF will state that it is “confidential” or “proprietary,” and if such information is disclosed in writing, it will be labeled as “confidential.” You agree to hold such Confidential Information in strict confidence and not to disclose such Confidential Information to any third parties. The above obligations shall not apply to Confidential Information which is already known to You at the time it is disclosed and is not subject to a duty of confidentiality, or which before being divulged either (a) has become publicly known through no wrongful act by You; (b) has been rightfully received by You from a third party without restriction on disclosure and without breach of this Participant Agreement; (c) has been independently developed by You without use of Confidential Information; or (d) has been approved for release by written authorization of BJF. The obligations in this Section survive termination or expiration of this Participant Agreement.

8. Term and Termination. This Participant Agreement continues indefinitely unless You cancel participation in the Workshop, in which case this Participation Agreement will automatically terminate (except with respect to any applicable cancellation fees You may owe, if applicable).

9. General. If any of these provisions are held to be unenforceable in any jurisdiction for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (a) of such provision under other circumstances or jurisdictions, or (b) of the remaining provisions hereof under all circumstances or jurisdictions. The terms and conditions of this Participant Agreement, and interpretation thereof, will be governed by the laws of the United States and the laws of the State of California, without regard to conflicts of laws principles. Except as set forth below in this Section, the federal and state courts of Sonoma and San Francisco Counties, California, will have sole and exclusive jurisdiction for all purposes in connection with any action or proceeding that arises from or relates to this Participant Agreement and each party irrevocably waives any objection to such exclusive jurisdiction. Notwithstanding the foregoing, BJF may seek injunctive or other equitable relief in any court of competent jurisdiction to protect any actual or threatened misappropriation of its intellectual property rights. No waiver, amendment or modification of any provision of this Participant Agreement shall be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No failure or delay by either party in exercising any right, power or remedy under this Participant Agreement shall be deemed as a waiver of any such right, power or remedy. You shall not assign any of Your rights or delegate any of Your obligations under this Participant Agreement to any party without the express written consent of BJF. Any attempted assignment in violation of the foregoing shall be void and of no effect. Subject to the above, this Participant Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. The parties’ relationship shall be solely that of independent contractor and nothing contained in this Participant Agreement shall be construed to make either party an agent, partner, joint venturer or representative of the other for any purpose. This Participant Agreement represents the entire agreement between the parties relating to its subject matter and supersede all prior and/or contemporaneous representations, discussions, negotiations and agreements, whether written or oral.

 
Exhibit A
Categories of the Fogg Methodology and Your Rights to Use Them

There are three categories of the Fogg Methodology that You will learn in the Online Course Workshop (and that are included in the Workshop Materials): (1) Fogg Models, (2) Fogg Methods, and (3) Fogg Teachbacks. They are described in more detail below, along with Your use rights (and certain limitations) for each.

BJF grants You a limited, non-exclusive license to use the concepts described below and presented in the Toolkit and the oral presentations at Workshop to
(1) improve Your effectiveness personally and professionally, including for the benefit of Your organization’s products and services;
(2) discuss and share such concepts in informal conversations.

(1) Fogg Models

These include but are not limited to: Fogg Behavior Model, Fogg Choice Model, Cornerstones of Human Behavior, Info-Action Fallacy, Ability Chain, Core Motivators, Fogg Behavior Grid, Swarm of Behaviors, Elements of Behavior, and Motivation Wave. 

(2) Fogg Methods:

Magicwanding, Crispification, Focus Mapping, Fogg Method, Starfishing, Snaptesting

(3) Fogg Teachbacks

You are not permitted to:
(1) create derivative works of the concept(s) described below and/or related materials, such as the Toolkit (including, for example, by creating illustrative graphics or writing a book or blog post),
(2) create a training product based on or which includes the concept(s), such as a workshop, online course, formal presentation, etc.
(3) copy any of the graphics or written materials provided to them, such as those contained in the Toolkit or found on the internet or elsewhere
(4) in the case of Teachbacks, publish examples of Teachbacks (for example, You may not publish online videos of Yourself doing Teachbacks).