Public Workshop Terms and Conditions

These Public Workshop Terms and Conditions (“Public Workshop Terms”) apply to the public workshops and seminars (“Workshops”) provided by JANEK Performance Group, Inc. (“JANEK”).

By signing up for one of JANEK’s Workshops: (i) you acknowledge that you are the individual named in the registration as the attendee of the JANEK Workshops (“Attendee”) or have authority to enter into these Public Workshop Terms on behalf of the Attendee; (ii) you acknowledge that you are the individual or entity which is providing JANEK payment for the Workshops (“Payor”) or have authority to enter into these Public Workshop Terms on behalf of the Payor; and (iii) that you accept these Public Workshop Terms on behalf of yourself, the Attendee, and the Payor (collectively, “Client”).

Attendee Requirements:  Attendees must be 18 years of age or older.  Casual business attire is requested.  All Attendees are required to comply with all policies of the property where the Workshops is being held as well as all local, state and federal laws (“Laws and Polices”).  During any Workshops, any individual who is in violation of the Laws and Policies or is acting disruptive or in anyway impeding the smooth presentation of the Workshops may be required to leave the Workshops.  No refund will be provided for any attendance fees paid on behalf of said individual.

Cancellation Policy:

(a)  Cancelation by Client.  To be effective, any Workshops cancellation must be submitted in writing by Client and received by JANEK at least ten (10) business days in advance of the scheduled date of the Workshops.  If this timely cancellation is received by JANEK in writing, Client can either reschedule the Workshop for a later date, or received a refund of any fees paid minus a $100 administrative fee.  If cancellation is not timely received as specified herein, Client shall forfeit any fees paid.

(b) All Transactions Final:  All transactions are deemed final nine (9) business days in advance of the Workshop. Client understands and agrees that all transactions, including credit card transactions, are final and that payment of any products and services are fully earned and final nine (9) business days in advance of the Workshop.

(d) Cancellation by Janek:  JANEK reserves the right to cancel any Workshops for any reason. In the event of a cancellation by JANEK, Client shall have the right to either reschedule the Workshops for a later date or receive a refund of any fees paid.  JANEK has no responsibility for non-refundable or other costs incurred by Client in anticipation of any Workshops.

Returned Checks:  If any check or other negotiable instrument provided to JANEK by Client is returned for any reason, Client agrees to pay JANEK thirty dollars ($30) per returned check.

Workshop Content:  Workshop content and speakers are subject to change without notice. Space is limited, and all Workshops are offered on a space available basis.

Disclaimer of Warranties: JANEK makes no express or implied warranty of any kind regarding any Workshops.  The content of the Workshop is general in nature and not guaranteed or warranted to provide solutions to any specific situation. Workshops are provided for information purposes only.

Limited, Revocable License to use the Material:

(a)  The forms, documents, and other content (“Material”) which are distributed to the Attendee at any JANEK Workshops are owned by JANEK.  The Material is licensed, not sold.

(b)  The Material is licensed by JANEK solely to the individual (i) named in the registration as the attendee of the JANEK Workshop where the Material was distributed; and (ii) for which a registration fee was and is fully paid (“Licensee”).

(c)  JANEK grants to the Licensee (an individual) the revocable, personal, non-exclusive, nontransferable, and temporary right to use the Material (“License”) JANEK may revoke this License at any time.  Sharing Material with other individuals, or allowing other individuals to view the contents of the Material, is in violation of this License. Licensee may not make the Material available to others within an organization, on a network, in a company library, or in any way provide the Material to multiple individuals.

(d)  Licensee agrees that in the event of his/her violation of this License, JANEK is entitled to: (i) Repossess of all Material and all copies, duplicates or any and all derivative works; and (ii) Seek injunctive relief to cease ongoing violations of this License and to prevent subsequent violations.  Licensee further agrees to indemnify and hold JANEK harmless from any losses Licensee or Client incurs as a result of JANEK’s revocation of the License to use any Material.

Intellectual Property Notice:

All Material is copyrighted © 2005 – 2024 JANEK Performance Group, Inc. and is protected by United States and international copyright laws. All rights reserved.  Reproduction, public display, creation of derivative works, and any non-licensed use is prohibited.

Governing Law and Jurisdiction:

(a) Governing Law; Jurisdiction.  These Public Workshop Terms are entered into in Nevada and shall be construed in accordance with and governed by the substantive laws of the State of Nevada without regard to the conflict of laws provisions thereof.  As part of the consideration for signing up for a Janek Workshops Client agrees that all actions or proceedings arising directly or indirectly from said Workshops or these Public Workshop Terms shall be litigated in courts located within Clark County, Nevada and the parties consent to be subject to personal jurisdiction in any local, state or federal court located in Clark County, Nevada.

(b) Attorneys Fees. Client and JANEK agree that should any action be instituted by either party against the other regarding the Workshops or these Public Workshop Terms, the prevailing party will be entitled to all of its expenses related to such litigation including, but not limited to, reasonable attorney’s fees and costs.

Assignment:  The right to attend the Workshops is personal to Attendee and shall not be assignable without the prior written consent of JANEK.  JANEK may freely assign or transfer any or all of its rights or obligations under these Public Workshop Terms without Client’s consent.

Entire Agreement:  All advertising material and all prior representations or agreements, if any, whether oral or written, are all hereby superseded by these Public Workshop Terms. These Public Workshop Terms contain the entire understanding and agreement between JANEK and Client, and no additional terms or modification of any terms shall be effective unless set forth in writing and signed by both JANEK and Client. No sales person, agent, nor affiliate acting on JANEK’s behalf has the authority to modify these Public Workshop Terms.

Electronic Signatures.  These Public Workshop Terms are being executed by electronic signature, which shall have the same force and effect as an original signature.

Customer Referral Program Terms & Conditions

1. Program Overview

The Janek Performance Group Customer Referral Program aims to encourage and reward clients for referring new contacts. The program is designed to:

  • Expand our customer base.
  • Increase our footprint within existing customers.
  • Enhance customer engagement and promote advocacy.
  • Build brand awareness.

2. Eligibility

Clients who refer new contacts, which lead to a meeting, are eligible for the program. Referrals can include:

  • A new contact at a new company that Janek has not worked with previously and that Janek is not currently in discussions with.
  • A new contact within a different division or team at a current customer that Janek has not been in discussions with.
  • Certified trainers (Janek Ambassadors) who have moved to a new company and refer us to their new employer that Janek has not worked with previously and that Janek is not currently in discussions with.

Participants must be U.S. residents and at least 18 years of age to participate in the program. By participating, clients represent and warrant that they are legally entitled to make the referral, and that the referral complies with all relevant laws, including privacy laws and anti-spam regulations.

3. How to Submit Referrals

Referrals can be submitted directly to the Janek account owner responsible for the client’s account. All referrals must be linked to:

  • A valid, new contact within the parameters outlined above.

Participants must ensure that the referral is provided with the consent of the referred contact in compliance with the CAN-SPAM Act, Telephone Consumer Protection Act (TCPA), and other applicable regulations governing unsolicited communications.

4. Incentive Structure

Clients will be eligible to receive incentives based on the following milestones:

  • Initial Meeting: If a meeting is arranged with the referred contact and the project moves to the next step, Janek will donate $100 to a charity selected from a pre-approved list.
  • Closed Won Deal: If the referral results in a closed contract, the referring client will receive a credit for future Janek services in the amount of 10% of the contract value of the first signed agreement for services and licenses, but excluding travel, shipping, and other expenses in the agreement. No purchase is necessary to use this credit for Janek services.

All incentives will be reported as taxable income where required by law, and participants are responsible for any tax obligations. Janek will issue IRS Form 1099-MISC where necessary.

5. Referral Communication

Referrals will be communicated and tracked by the Janek account owner. Notifications and updates will be handled on a case-by-case basis through:

  • An online contact form on a Janek webpage.
  • Verbal communication during calls.
  • Email follow-ups (to be automated through a sequence in HubSpot).

All communications regarding referrals must comply with federal privacy laws, including the Gramm-Leach-Bliley Act (GLBA) and other applicable privacy regulations.

6. Program Follow-Up

Participants in the referral program will receive automatic thank-you emails to acknowledge their contributions. Janek will ensure that follow-up communications comply with the Federal Trade Commission (FTC) guidelines and the CAN-SPAM Act.

7. Performance Tracking

Program performance, including the status and value of each referral, will be tracked within Salesforce using the Customer Referral source value. This will allow Janek to measure the success and impact of the referral program, in compliance with data privacy laws.

8. Additional Terms

  • Duration: The referral program will run continuously until further notice.
  • Modifications: Janek reserves the right to modify or terminate the program at any time without prior notice, but in compliance with FTC guidelines for promotional offers.
  • Payout: All incentives will be distributed upon the successful closure of deals and after Janek is paid the contract value of the services and licenses. Incentives will not be paid as prohibited by law, including to individuals employed by the federal government or in a position that could create a conflict of interest under the Anti-Kickback Statute or Federal Acquisition Regulations (FAR).
  • Limitations: Referral incentives are only applicable for the first contract signed with the referred contact. Participants cannot refer themselves or individuals within their own household or within their own division at a company. All customer requests and service orders are subject to final acceptance by Janek. Final customer contracts shall be negotiated directly by Janek. Janek reserves the right to reject any customer request or order (or any part thereof) for any or no reason.

9. Anti-Fraud Compliance

Janek reserves the right to review all referrals for fraudulent activity and disqualify participants if any activity violates federal fraud prevention laws, including the False Claims Act.

10. Contact Information

For questions or further information, please contact your Janek account owner directly.

By participating in the program, you agree to these terms and acknowledge that you have the legal authority to refer to the contact in compliance with all applicable federal laws and regulations.