THE HAPPY THOUGHTS RETREAT TERMS AND CONDITIONS
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling or purchasing, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by A LIT UP LIFE LLC (represented by Lacey Sites), and SARA WILES LLC (represented by Sara Wiles), hereinafter referred to jointly as “the Coaches”, and you are entering into a legally binding agreement with the Coaches, subject to the following terms and conditions:
a. The purpose of this Agreement is to set forth the details of the THE HAPPY THOUGHTS RETREAT (“the Event”) taking place from October 25-29, 2018, January 10-13, 2019 or February 14-17, 2019, in Indian Rocks Beach, Florida, as well as the parties relationship to ensure each are clear as to respective roles so that the experience will be positive, productive, and comfortable.
b. The Event will include the following:
Three (3) nights and four (4) days accommodation at the Event as agreed upon with the Coaches.
Three (3) dinners, three (2) lunches, and three (3) breakfasts.
Workshops, master-classes, and coaching throughout the Event.
Optional activities such as yoga, running, exercising, meditation, and others as determined by the Coaches will be included.
Additional food, items, transportation, and resources may be included at Coaches discretion.
c. Client will inform Coaches of any dietary restrictions at least fourteen days (14) prior to the start of the Event.
2. PAYMENT TERMS.
a. The Client will make payment (either in full or in installments) based on the selection made via the Website or other agreed upon method.
b. Payments are non-refundable.
c. Credit Card Authorization (if applicable for payment plan). Each party acknowledges that the Coaches will charge the credit card chosen by the Client on the dates and for the amounts as outlined under the payment plan. If payment due is not paid within three (3) days of due date, Coaches reserve the right to terminate this Agreement and Client will not be permitted to attend the Event and will not receive a refund for any prior payments made.
3. DISCLAIMERS. By participating in the Event, Client acknowledges that the Coaches are not acting as medical doctors, psychologists, therapists, lawyers, or financial advisors, and coaching and services provided do not replace the care of other professionals. Coaching in the form provided at the Event, if any, is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
The Coaches may provide the Client with information and/or products that the Coaches believe might benefit the Client, but such information is not to be taken as an endorsement. The Coaches are not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided.
The Coaches may provide Client with third-party recommendations for such services as photography, business, legal, financial, health, or other related services to utilize either during or after the Event. Client agrees that these are only suggestions and the Coaches will not be held liable for the services provided by any third-party to the Client. The Coaches are not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials or examples shown through the Website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the participation in the Event.
4. CLIENT RESPONSIBILITY; NO GUARANTEES. Client acknowledges that Coaches have not and do not make any representations as to a future outcome of any kind that may be derived as a result of the Event. Client accepts and agrees that Client is 100% responsible for results from the Event. The Coaches make no representations, warranties or guarantees verbally or in writing regarding Client’s performance.
5. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Event, the Coaches maintain all of the copyright, other intellectual property rights, of their Materials. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coaches to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coaches to provide the services and the products, systems, programs or processes, produced by the Coaches for the Event.
6. NON-DISPARAGEMENT. The parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coaches or any of their programs, affiliates, subsidiaries, employees, agents or representatives.
7. LIABILITY WAIVER. While the Coaches will take every possible measure to ensure safety of the Client during the Event, the Coaches cannot control every circumstance. The Client is legally responsible for their safety and any belongings and agrees to, and will be held legally liable for the following statements:
I, the Client hereby accept all risk to my health and of my injury or death that may result from participating in the Event and I hereby release the Coaches, and the Coaches respective companies, officers, employees, interns, sponsors and representatives from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation in the Event, whether caused by negligence of the Coaches, employees, or representatives, or otherwise.
I further agree to indemnify and hold harmless the Coaches and any third-party from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the Event. Under no circumstances will the Coaches or their assigns be held liable for my injury or death or any loss or damage of my personal belongings, any hotel or travel incidentals, including any damages, resulting from my participation in Event.
Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Event, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify the Coaches verbally and in writing if I am at any time injured prior to, during, or after the Event in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that the Coaches are not legally obligated to act on that information in any way or to provide any medical service whatsoever to me.
8. MEDICAL & HEALTH CONDITIONS. Client must make the Coaches aware of, at the time of booking, any pre-existing medical conditions, food allergies, or if Client is taking any specific medication; however, the Coaches are not legally obligated to act on that information in any way or to provide any medical service whatsoever.
9. INTERNET ACCESS & SECURITY. Wireless Internet access, where available, is not guaranteed and is provided subject to third party terms and conditions, which are likely available when accessing the relevant system at the Event. The Coaches reserves the right to disclose Client’s details to the internet service provider or any other relevant third party if it is discovered that Client illegally downloaded content from the internet or otherwise engaged in unlawful activity while at the Event.
10. CONSENT & RELEASE PERMISSIONS. By attending the Event, you, the Client, are entering an area and environment where photography, audio, and video recording may and likely will occur. By attending the Event you consent to photograph, video recording and audio recording of you and its/their release, publication, description, exhibition, or reproduction to be used for promotional purposes, advertising, and inclusion on websites, for example and without restriction.
11. TRAVEL DOCUMENTATION & INSURANCE. It is the Client’s responsibility to ensure that she has all the relevant travel documentation, insurance and arrives at the airport and other destinations on time. Having the correct documents, insurance and travel activity is solely the responsibility of the Client.
12. TRANSPORT. The Coaches are not responsible for delay or cancellation of any flights, train, buses or other forms of transport.
13. HEALTH & SAFETY REGULATIONS. The Client must comply fully with all and any health and safety regulations. The Client must ensure that she is medically and physically fit and able to use the facilities and participate in activities. If Client has injuries or illnesses she is advised to seek doctor’s advice if planning to do yoga, hiking, or other physical activities. The Coaches are not liable for any injuries to the Client in her use of facilities or participation in activities.
14. LOSS OR DAMAGE. The Coaches will not be responsible for loss or damage of personal possessions or valuables of the Client.
15. LIABILITIES. The Coaches shall not be liable for any failures beyond its control. This covers natural disasters, war, other ‘acts of nature’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors. The Coaches accept no liability for loss, damage, injury or illnesses which may be received during the Client’s stay or travel.
16. DISCLAIMER OF WARRANTIES. The Event and activities involved provided by the Coaches under this Agreement are provided on an “as-is” basis, without any warranties or representations whether express, implied or statutory, and including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.
17. FORCE MAJEURE. In the event that any cause beyond the reasonable control of either party, including without limitation acts of nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, U.S. State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either party to perform its obligations under this Agreement, the affected party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
18. CHANGES. Coaches may have to make changes to Event details before, during or after the Event, or before or after the Event has been confirmed, or may need to cancel the Event. The Coaches will endeavor to avoid changes and cancellations but reserve the right to do so. If Coaches cancel, Client will be informed and Coaches will reschedule for an agreed upon future date.
19. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Associate. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Florida or via telephone. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
20. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, regardless of the conflict of laws principles thereof.
21. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties for the Event and supersedes all prior agreements between the parties, whether written or oral, regarding the Event. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coaches.