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<br />2505 N Oakland Avenue, Milwaukee, WI 53211 • 800.781.2320 • readyrebound.com
<br /> as reasonably practicable after the removal of the cause.
<br /> 15. Remedies. Each Party acknowledges that a breach by a Party of Section 7 (Intellectual Property) or
<br />Section 8 (Confidentiality), may cause the non-breaching party irreparable damages, for which an award of
<br />damages would not be adequate compensation and agrees that, in the event of such breach or threatened breach,
<br />the non-breaching party will be entitled to seek equitable relief, including a restraining order, injunctive relief,
<br />specific performance, and any other relief that may be available from any court, in addition to any other remedy
<br />to which the non-breaching party may be entitled at law or in equity. Such remedies shall not be deemed to be
<br />exclusive but shall be in addition to all other remedies available at law or in equity, subject to any express
<br />exclusions or limitations in these Terms to the contrary. If any action, suit, or other legal or administrative
<br />proceeding is instituted or commenced by either Party hereto against the other Party arising out of or related to
<br />these Terms, the prevailing Party shall be entitled to recover its attorneys’ fees and court costs from the non-
<br />prevailing Party.
<br /> 16. Consent for Use of Likeness. Client hereby consents to any and all uses and displays by Service
<br />Provider of the client logo client name, and photos of mutually agreed upon training sessions and meetings in,
<br />on, or in connection with, any pictures, photographs, audio or video recordings, digital images, websites, social
<br />media, television programs, sales and marketing brochures, books, magazines, publications, and all other forms
<br />of media throughout the world (collectively, the “Materials”) created by, or at the direction of, the Service
<br />Provider at any time during or after the Term of this Agreement, for any legitimate business purposes of the
<br />Service Provider (“Permitted Uses”). Client acknowledges that Client has no right to review or approve any
<br />Materials before any Permitted Use by the Service Provider and that Provider has no liability to Client for any
<br />editing or alteration of the Materials for any Permitted Use or for any distortion or other effects resulting from
<br />Service Provider’s editing, alteration, or use of the Materials for any Permitted Use. Client hereby forever
<br />releases the Service Provider and its owners, directors, officers, employees, and agents, to the maximum extent
<br />permitted by applicable law, from any and all claims, actions, damages, losses, costs, expenses, and liability of
<br />any kind, arising under any legal or equitable theory whatsoever at any time during or after the Term of this
<br />Agreement, in connection with the Permitted Use of the Materials, including, without limitation, claims for
<br />copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of
<br />privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of
<br />action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction.
<br /> 17. Severability. If any term or provision of these Terms are found by a court of competent jurisdiction to
<br />be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not
<br />affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision
<br />in any other jurisdiction; provided, however, that if any fundamental term or provision of these Terms are
<br />invalid, illegal or unenforceable, the remainder of these Terms shall be unenforceable. Upon a determination
<br />that any term or provision is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify
<br />these Terms to affect the original intent of the Parties as closely as possible in order that the transactions
<br />contemplated hereby be consummated as originally contemplated to the greatest extent possible.
<br /> 18. Amendments. No amendment to or modification of or rescission, termination or discharge of these
<br />Terms is effective unless it is in writing and signed by an authorized representative of each Party.
<br /> 19. Waiver. No waiver by any Party of any of the provisions of these Terms shall be effective unless
<br />explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in these Terms,
<br />no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms
<br />shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy,
<br />power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right,
<br />remedy, power or privilege.
<br /> 20. Assignment. Client shall not assign, transfer, delegate, or subcontract any of its rights or delegate any
<br />of its obligations under these Terms without the prior written consent of Service Provider. Any purported
<br />assignment or delegation in violation of this Section 20 shall be null and void. No assignment or delegation
<br />shall relieve the Client of any of its obligations under these Terms. Service Provider may assign any of its rights
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