PROGRAM TERMS

Program Participation and Benefits

Your application to and any participation in Old Ways, New Hands cohort program (“Program”) is governed by the Richard Sandoval Hospitality Program Terms. Richard Sandoval Hospitality reserves the right to remove you from the Program or deny Program benefits for violations of the Terms by you. Richard Sandoval Hospitality may issue additional policies that govern your participation in the Program by providing written notice to you. Any additional policies, once effective, will be incorporated into these Terms.

Select benefits may have additional eligibility or participation requirements, as stated on the Program site or as communicated via email at the time the additional benefit is offered, and/or require agreement to additional terms. Receipt of content funding will require entering into subsequent agreements with Richard Sandoval Hospitality. Program participation may also require execution of a Richard Sandoval Hospitality Marketing Release.

Additional Program Eligibility 

As part of the evaluation process, Richard Sandoval Hospitality takes into consideration a variety of matters, including whether you or the business you are applying on behalf of is affiliated with any governmental body (both domestic and foreign) or political party. You and key personnel at your business may undergo screenings at Richard Sandoval Hospitality’s sole discretion as a condition of Program participation (including without limitation sanctions or background checks). You agree to provide any additional requested information or complete any additional documentation needed for such screenings. You agree that Richard Sandoval Hospitality may disqualify you from the Program (or decline to accept you to the Program or offer a stated benefit) in its sole discretion. 

The benefits hereunder are subject to change without notice. Any benefits made available by third parties are subject to terms and conditions agreed to between you and each such third party; Richard Sandoval Hospitality is not a party to any such agreement and does not and will not have any liability or obligation with respect to such benefits. 

If participating on behalf of a business, you represent and warrant that you have authority to participate in the Program from your business and that your business has full knowledge of your actions and has consented thereto.

Program participants agree not to use Program benefits in any way, directly or indirectly, that would violate applicable laws, including, without limitation, in any manner that would constitute bribery, an illegal kickback, an illegal campaign contribution, or any other violation of applicable anti-corruption, political activity, economic sanctions, or other laws.

Information and Data Use

You acknowledge and agree that in order for Richard Sandoval Hospitality to provide the Program and any services and benefits in connection with the Program, you may be asked to provide certain personal information, such as name, personal contact information, business contact information, referrals or references. We may also receive such information from third-party data providers who have the rights to provide us with your information. These partners collect your information from publicly available sources, or through third parties they work with. Richard Sandoval Hospitality may use your personal information as necessary to assess your eligibility and suitability for the Program, to stay in touch and engage with you, to maintain and improve Richard Sandoval Hospitality’s programs and services, and to comply with laws and regulations. Richard Sandoval Hospitality may share such information with its affiliates, third parties, and/or third party service providers in order to provide the Program and any services and benefits in connection with the Program. We require these third parties to protect the information they receive with appropriate security measures and prohibit them from using the information for their own purpose outside what is necessary to provide the service to Richard Sandoval Hospitality or to you. Richard Sandoval Hospitality may also be required to preserve and/or share your information with regulators, law enforcement, or others. Your personal information may be retained for as long as required in order to comply with our legal obligations, to resolve disputes, and to enforce our contractual agreements, or as necessary for our legitimate interests. The basis of Richard Sandoval Hospitality processing said data is 1) as necessary to run, operate, and manage the Program, 2) consistent with specific consents, which you may revoke at any time, 3) as necessary to comply with our legal obligations, 4) to protect your vital interests, or those of others, and 5) as necessary for our (or others’) legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data. Should you have any questions or comments about how Richard Sandoval Hospitality collects, uses, processes, shares, and/or retains your personal information in connection with the Program, you may reach out to your Program manager for more information at any time at marketing@richardsandoval.com.

License

Richard Sandoval Hospitality may use the information, images, video, copy, data and any other materials (collectively, the “Materials”) that you submit or make available to Richard Sandoval Hospitality in connection with your application for the Program (“application”) or Program participation, to evaluate your application, manage the Program, and you represent and warrant that you have all necessary rights and licenses to grant these permissions.  For any and all Materials you provide or post in connection with your application, use of benefits, or any other aspect of participation in the Program, you further represent and warrant that (i) you have all rights and permissions necessary to provide, share, describe, or reference the Materials, (ii) doing so is not injurious to or does not reflect negatively on any Released Party (defined below) or any third party or their rights, (iii) doing so does not violate any applicable laws, rules, or regulations; and (iv) any testimonials or statements you provide are voluntary, reflect your honest opinions or experiences, are true and correct, and you agree to notify Richard Sandoval Hospitality if they are no longer correct. You agree to indemnify and hold Richard Sandoval Hospitality harmless from and against all third-party claims arising out of your breach of these representations and warranties.

Limitation of Liability

Program participation and all benefits are provided “AS IS” with no warranty, representation, or guarantee, express or implied, in fact, custom, or law, whether now known or later enacted, made by Richard Sandoval Hospitality or its parent, affiliates, subsidiaries, divisions, and promotional partners or any of their employees, officers, directors, members, managers, agents or representatives (collectively, with Richard Sandoval Hospitality, “Released Parties”) or for which any of the Released Parties may be liable. Any alleged or actual ambiguity or discrepancy related to the Program will be resolved by Richard Sandoval Hospitality in its sole discretion. AS A CONDITION OF PARTICIPATING, YOU AGREE TO RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY (I.E., DEFEND AND/OR REIMBURSE) THE RELEASED PARTIES, FROM AND AGAINST ANY LIABILITY OR CLAIMS WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH PARTICIPATING IN, TRAVELING TO OR FROM, OR PREPARING FOR ANY PROGRAM-RELATED ACTIVITY OR THE ACCEPTANCE, USE, OR MISUSE OF ANY BENEFIT(S), INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY (HOWEVER (BUT ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION), THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). Released Parties will have no liability for unauthorized intervention in any part of the application process or technical or human error of any kind that may occur in the administration of the Program or provision of benefits.

BY PARTICIPATING, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM OR ANY BENEFIT, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOUR IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, THIS AGREEMENT IS A COMPLETE RELEASE AND DISCHARGE OF ALL OF YOUR CLAIMS AND RIGHTS AGAINST THE RELEASED PARTIES AND THAT NO ACTION WILL BE TAKEN BY OR ON BEHALF OF YOU WITH RESPECT OF ANY SUCH RIGHTS.

You understand that any waiver of any term of the Terms in a particular instance will not be a waiver of such term for the future. You agree that the invalidity or unenforceability of any part of the Terms will in no way affect the validity or enforceability of any other part hereof. You agree that the Terms constitute the entire agreement between Richard Sandoval Hospitality and you regarding the Program (but, as described above, you understand that your receipt of certain benefits may be subject to additional agreements, including agreements directly with Richard Sandoval Hospitality or between you and a third-party benefit provider).

Disputes/Governing Law

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participants or any Released Party in connection with the Program will be governed by and construed in accordance with the internal laws of the State of Colorado U.S.A., without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. 

Termination

Richard Sandoval Hospitality may terminate the Program or any of the benefits at any time without notice and without any liability or obligation to provide you with any substitute benefit or other compensation. If your participation in the Program discontinues for any or no reason,Richard Sandoval Hospitality reserves the right to require you to discontinue using and return any and all benefits immediately, unless it specifies a different timeframe.