LAST UPDATED: October 1, 2024
Please read these terms and conditions (this “Agreement”) carefully. This Agreement is between you and Keller Williams Realty, Inc. (“KWRI,” “we,” or “us”).
KWRI reserves the right to amend, alter, or modify the terms of this Agreement at any time. When registering for either a digital or in-person KWRI event (each, an “Event”), by clicking, or tapping any button or box marked “accept,” “agree,” or “OK” (or a similar term) during the Event registration process from which this Agreement is linked, or purchasing a membership from which this Agreement is linked, you agree to be bound by the terms of this Agreement and any changes to it. References to “I,”, “you,” “your,” or “me” in this Agreement mean the individual registering for the Event and/or the organization you represent, as applicable.
Your admission, attendance, and participation at the Event is subject to your compliance with the terms of this Agreement. If KWRI believes in its sole, unrestricted discretion that you have violated these terms, KWRI may terminate your admission and access to the Event without any refund or other liability of any kind.
This Agreement contains a mandatory arbitration provision that, as described below, requires use of arbitration on an individual basis to resolve disputes, rather than by jury trials or any other court proceedings, or class actions or class arbitrations.
Any digital Event cancellation made at least one (1) day prior to the Event start date is refundable, less a twenty percent (20%) cancellation fee. This cancellation fee is also applicable to any registration add-ons, including but not limited to reserved seats or social passes. Any cancellations made the day of or after the Event start date are non-refundable; however, your registration for such Event may (at KWRI’s discretion) be transferrable to another individual, in the event you find someone to attend the original Event in your place.
Any in-person Event cancellation made at least sixty-one (61) days prior to the Event start date is refundable, less at twenty percent (20%) cancellation fee. This cancellation fee is also applicable to any registration add-ons, including but not limited to reserved seats or social passes. Any cancellation made to an in-person ticket sixty (60) days from the published Event start date is non-refundable.
KWRI reserves the right to cancel your Event registration at any time without issuing a refund. In the event KWRI discovers information that raises concerns regarding your attendance at the Event or if KWRI determines that your actions are unacceptable or not in keeping with KWRI’s public image, values and culture, then KWRI, in its sole discretion, may cancel your Event registration without issuing a refund.
Unless specifically authorized by KWRI:
Should you fail to attend the Event (no-show) for any reason, then you will not receive a refund of any fees you paid associated with the Event.
Whether digital or in-person, Event speakers, session schedules, and performances are subject to change without notice. In the event of any such change, no refund will be given. KWRI is not responsible for any costs incurred by you based on such changes.
KWRI looks forward to welcoming you to our Events! Our goal is to keep our guests, volunteers, partners, and staff healthy and safe while in attendance. With this in mind, please be vigilant in monitoring yourself for symptoms of illness. We will continue to monitor our communities’ health and wellness and will remain flexible and adjust our policies as needed.
Currently masking at the Event is optional. In consultation with your healthcare professional, you should make the choice that is best for your personal well-being and that of the people around you.
People with symptoms of illness, or who have tested positive for COVID or another contagious illness, should stay home. If you have been exposed to someone with COVID, we recommend you take a COVID test. If you have a positive test result, we ask that you stay home and do not attend the Event. For direction regarding quarantine and isolation, please follow the CDC guidance and consult with your healthcare professional.
If you decide not to attend our Event in person due to illness, please email events@kw.com.
I grant KWRI permission to interview me during the Event and use my likeness in photographs or videos in any KWRI publications or media (including websites), whether now known or hereafter existing, in perpetuity. I will make no monetary or other claim against KWRI for such use. KWRI may use the photographs or videos with or without accompanying text identifying me by name. I waive the right to inspect or approve the finished product in which my interview or likeness appears.
KWRI may provide me with smart badges (containing RFID) for certain Events. In these instances, this technology will monitor attendee activity in specified locations within the Event venue. By attending the Event and wearing a smart badge, each attendee is providing consent to RFID tracking or facial recognition services at the Event.
To enhance and enrich digital Events experience, I understand and agree that KWRI may monitor or record my on-line (web browsing) activity occurring on those web sites provided to me by KWRI (or KWRI’s third-party provider) for such Event. I agree that KWRI may use such information for the provision of the Event, additional related content, and for analytics. I further consent that KWRI may deliver communications to me by means of e-mail or by other reliable method to the address I have provided in connection with the Event. At any time, you may opt out of receiving e-mail communications by clicking the “unsubscribe” (or similar) link posted at the footer of all KWRI e-mail communications. All information gathered and used under this Agreement is subject to KWRI’s Privacy Policy found at https://legal.kw.com/privacy-policy.
For digital Events, you must provide, at your sole cost and expense, any necessary telecommunications, computing equipment, subscriptions, licenses, or services that may be required to participate in the Event (Telecommunications). If your Event registration information provides Telecommunications specifications, you will be required to provide such.
The following terms and conditions are solely applicable if you engage in volunteer activities at the Event for which you registered (collectively, the “Activities”):
Compliance with Policies. I acknowledge and agree that I have received and read this Agreement and the KWRI Events Code of Conduct (the “Event Policies”). I agree to comply with the Event Policies and all other applicable policies and procedures, training, and safety rules of KWRI, and will follow KWRI’s instructions in carrying out the Activities.
ASSUMPTION OF RISK. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES MAY BE INHERENTLY DANGEROUS AND MAY EXPOSE ME TO A VARIETY OF FORESEEN AND UNFORESEEN HAZARDS AND RISKS. I ACKNOWLEDGE THAT I AM VOLUNTARILY PERFORMING THE ACTIVITIES AND HAVE CONSIDERED THOSE RISKS. I HEREBY EXPRESSLY AND SPECIFICALLY ASSUME SUCH RISKS, INCLUDING ANY AND ALL RISK OF INJURY, HARM, OR LOSS THAT I MAY INCUR AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES.
Medical Treatment. I hereby give consent and authority to KWRI to obtain medical treatment on my behalf if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I hereby release, forever discharge, and hold harmless KWRI from any claim whatsoever in connection with such treatment or other medical services.
RELEASE AND WAIVER. I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST KWRI, ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF KWRI OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST KWRI, AND FOREVER RELEASE AND DISCHARGE KWRI FROM LIABILITY UNDER SUCH CLAIMS.
Insurance. I UNDERSTAND THAT KWRI DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE OF ANY NATURE IN THE EVENT OF MY INJURY, ILLNESS, OR DEATH, OR DAMAGE TO OR LOSS OF MY PROPERTY DUE TO MY PARTICIPATION IN THE ACTIVITIES.
I also understand KWRI does not provide workers’ compensation insurance for volunteers. I expressly waive any claim for compensation or liability on the part of KWRI in the event of any injury or medical expense due to my participation in the Activities.
BY ACCEPTING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS SECTION AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE KWRI.
Except for KWRI’s indemnification obligations pursuant to this Agreement, in no event will KWRI be liable to you for any direct or indirect damages (including health related injury or loss of telecommunications (including internet)), lost profits, revenues, or indirect, special, incidental, consequential, cover or punitive damages. The limitations in this section apply regardless of whether either party has advance notice of the possibility of such damages. The foregoing limitations will not apply to the extent prohibited by law.
You shall defend, indemnify, and hold harmless KWRI and its affiliates and their officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses or whatever kind (including reasonable attorneys’ fees) (collectively, the “Claims”) arising out of or resulting from a third-party claim for: (a) infringement or misappropriation of any third party intellectual property or other proprietary rights; (b) physical bodily injury, death of any person, or damage to real or tangible, personal property resulting from your negligence, intentional misconduct or other act or omission; or (c) your breach of any representation, warranty, or obligation under this Agreement.
Indemnification claims are deemed to be direct damages for the purposes of this Agreement and not subject to the Limitation of Liability provision above.
You may not use intellectual property of KWRI, including but not limited to logos, data, pictures, trademarks, copyrights, or other property belonging to KWRI, which may appear on live-streamed Events or other KWRI websites. You agree that you will not infringe, misappropriate, or otherwise violate any copyright, patent, trade secret, or other intellectual property right of KWRI during the Event or hereafter. Without limiting the foregoing in any way, you may not video, film, photograph, record, screenshot, or otherwise capture any part of any Event without the prior written consent of KWRI and all people whose image or voice is captured.
Harassing anyone at any Event, whether digital or in-person, is strictly prohibited. Harassment includes, but is not limited to:
If you experience or witness any act of harassment, please report it to KWRI staff immediately.
KWRI may provide you access to platforms, websites, or other services that allow you to attend Events digitally (collectively the “Platform”). Your access to the Platform is subject to your acceptance of, and compliance with, the following Acceptable Use and Content Standards.
You represent, warrant, and covenant to KWRI not to use the Platform:
You represent, warrant, and covenant to KWRI that you will not use the Platform to send, knowingly receive, upload, download, use, or re-use any material which:
This Agreement and your activities under it, are governed solely by and shall be construed solely in accordance with the laws of the United States and the State of Texas, U.S.A., without regard to its principles of conflicts of law regardless of your location. The parties agree that venue for any dispute lies exclusively in Travis County, Texas, provided that either party may seek to enforce a judgment in whatever jurisdiction the other party may be found.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (EACH, A “DISPUTE”), WILL BE RESOLVED VIA ALTERNATIVE DISPUTE RESOLUTION INSTEAD OF IN COURT BY A JUDGE OR JURY.
In the event of a Dispute, each Party will promptly appoint a knowledgeable, responsible, and authorized representative to meet and negotiate in good faith to resolve the Dispute. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives during the ninety (90) days following appointment of the representatives for the Parties. Discussions and correspondence among the representatives are solely for purposes of a prospective settlement of the Dispute and are exempt from any discovery and/or production in any future proceedings and will not be admissible therein without the concurrence of the Parties.
If a Dispute cannot be settled through these discussions, the Parties agree to attempt to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures during the ninety (90) days following termination of the discussions of the representatives for the Parties. Mediation shall be in Austin, TX, U.S.A. The Parties will cooperate with one another in selecting a mediation service and will cooperate with the mediation service, and with one another, in selecting a neutral mediator and in scheduling the mediation proceedings. The mediator’s fees and expenses will be shared equally between the Parties.
The Parties further agree that any unresolved Dispute following mediation shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Austin, TX, U.S.A.
Time is of the essence for any arbitration under this Agreement and all arbitration hearings shall take place within one hundred fifty (150) days of filing and any final award rendered within one hundred eighty (180) days of filing, with the arbitrator agreeing to these limits prior to accepting appointment. In making determinations regarding the scope of exchange of electronic information, the arbitrator and the Parties shall be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.
The arbitrator will have no authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. The arbitrator shall award to the prevailing Party, if any, as determined by the arbitrator, all of their costs and fees (e.g., reasonable pre-award expenses of the arbitration, including arbitrator fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone charges, witness fees, and attorneys’ fees). Except as may be required by applicable law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties. The Parties agree that failure or refusal of a Party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that Party to present evidence or cross-examine witnesses.
YOU FURTHER AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY, AND YOU ARE AGREEING TO GIVE UP ANY LEGAL RIGHT YOU MAY HAVE TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
KWRI shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any part of this Agreement, when and to the extent such failure or delay is caused by or results from the follow force majeure events: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of these Terms; (f) action by any governmental authority; (g) national or regional emergency including pandemics or health related events; (h) telecommunications (including internet); or (i) any other similar events beyond the reasonable control of KWRI.
If any part of this Agreement shall be held or declared to be invalid, illegal or unenforceable for any reason, such provision shall be ineffective but shall not affect any other part of this Agreement, and the remaining terms of the Agreement will be construed as if the ineffective provision had never been included.
Failure to insist upon strict compliance with any of the provisions of this Agreement shall not be deemed a waiver of any such provisions, nor shall any waiver or relinquishment of any right or power within this Agreement, at any one or more times, be deemed a waiver or relinquishment of such right or power at any other time or times.
You acknowledge and agree that all bags, purses, backpacks and persons are subject to screening by security personnel, at KWRI’s sole discretion, prior to your admission to any Event.
You may not distribute any flyers, pamphlets, notices, or brochures at the Event location, or during any Event session, without the prior written consent of KWRI. Inquiries regarding such marketing opportunities must be directed to events@kw.com.
With the exception of pre-approved, non-profit/charitable fund-raising activities aligned with KWRI’s culture, KWRI does not condone the practice of reselling Event registrations above face value. In the event of a sell-out, the last available purchase price will prevail. If we discover that your registration has been sold above your purchase price, you will be excluded from returning to the Event for any future dates.
Security is of upmost importance to us at KWRI, and we want to ensure a safe and exclusive digital experience for all participants in any digital live streams available for an Event. Therefore, we strictly prohibit the sharing of passwords and logins for the digital live stream of an Event. If passwords and logins are shared by you with any third-party, without proper authorization, KWRI reserves the right to impose fines on you or your respective market center(s). Additionally, KWRI may take further action, including prohibiting your respective market center(s) from participating in digital live streams made available by KWRI for future Events. We appreciate your cooperation in maintaining the integrity and security of our digital Events.
MAPS Mastery Clients and MAPS Coaches please direct all inquiries to: maps@kw.com
The following terms and conditions are solely applicable to all MAPS Mastery Clients (each, a “Mastery Client”) and/or MAPS Coaches (each, a “MAPS Coach”) registering for an Event. Subject to KWRI’s discretion, you may receive the following benefits as part of your registration for an Event, as long as the registration period has not closed or ended for an Event due to unavailability (please refer to your applicable Mastery Client or MAPS Coach agreement for further details and restrictions):
Subject to availability, Mastery Clients may register for the following complementary Event registrations:
Please refer to the Mastery Client Value Proposition for specific requirements and other Mastery Privileges.
MAPS Coaches may register for the following complementary Event registrations:
Please refer to the MAPS Coach Value Proposition for specific requirements and other privileges.
If you cancel or downgrade a Mastery Client membership or if your MAPS Coaching agreement is terminated, as applicable, prior to or during the month of the Event, you are no longer eligible for any complimentary registrations and any complementary registrations that have been awarded to you for any Events will be cancelled.
Mastery Client Event registrations are transferrable for a specific Event only and may not be used or transferred for a future occurrence of that same Event. This restriction does not apply to MAPS Models Events; Mastery Clients can register or use their complementary Event registration for any one (1) MAPS Models Events scheduled in a calendar year.
MAPS Coach complementary registrations are non-transferrable.
Mastery Client and MAPS Coach complementary registrations may not be sold.