For the purposes of this agreement, you are Blue Heron Consulting’s client and any references to “client” refer to you.
No Guarantee of Success. You understand that the financial performance and the success of your business and practice will depend upon the efforts of you, your business and practice, and the management, practices, and procedures adopted by the business and practice. You and your business and practice are fully aware that Blue Heron Consulting will not make any guarantee that your business and practice will be successful or will achieve any specific level of gross or net income in operating the business and practice.
Blue Heron Consulting and its Employees are not licensed attorneys or financial advisors. Blue Heron Consulting and its Employees provide guidance and advice based on education and experience; provided, however, said guidance and advice should not be considered legal or tax guidance or advice. Client should retain an attorney and/or financial advisors (including a certified public accountant) to obtain and seek advice regarding and with respect to all legal, tax and/or financial matters. This includes, among other things, review and/or preparation of contracts related to the Hospital and the operation thereof.
You shall not assign, transfer or subcontract this agreement or any of your rights or obligations under this agreement to any person or entity without the prior written consent of Blue Heron Consulting.
Client gives permission to Blue Heron Consulting to use any photograph or photographic image including video or video stills taken of Client in a public setting while in attendance at any events sponsored by Blue Heron Consulting. Client hereby grants Blue Heron Consulting, and any of Blue Heron Consulting’s affiliates, successors or anyone else authorized by Blue Heron Consulting, the irrevocable and unrestricted right and permission to copyright, in its own name or otherwise, the unlimited use of Client’s image, without restriction as to changes or alterations, made through any medium, for any legal purpose whatsoever. Client also consents to the use of any printed matter in conjunction therewith. Client hereby waives any right to inspect or approve the finished product and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied.
All matters arising out of or relating to this agreement and the transactions contemplated hereby shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule. The parties consent to the exclusive jurisdiction and venue of the state courts sitting in Danville, Boyle County, Kentucky respecting any claim or action arising out of this agreement or the transactions contemplated hereby. The parties waive any objection that they may have now or hereafter to the venue of any suit or action being brought in the foregoing courts. The parties voluntarily, intentionally and knowingly waive any right to a jury trial in any action or suit arising out of this agreement or the transactions contemplated hereby. In the event any party hereto brings a suit to construe or enforce the terms hereof, or raises this agreement as a defense in a suit brought by the other party, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and expenses incurred and paid in connection with the prosecution and/or defense of any such suit.