TERMS OF SERVICE - RETREAT AGREEMENT
By attending the Mujer Llena Retreat, the Let There Be Luz Retreat, the Luz Warrior Retreat (the “Retreat”) from Linda Garcia (the “Company,” “we,” or “us”), you and the Company agree to the following legal terms and conditions, without modification, and you acknowledge reading them:
ACCESS TO RETREAT
The Retreat includes, but is not limited to, written content, recorded video and audio content, live and pre-recorded calls, in-person workshops, in-person activities and discussions in Retreat related forums, (collectively, “Materials”).
The Retreat and Materials may only be accessed and attended by you - the individual who is the customer on record with the Company. You agree that the Retreat and Materials, including any usernames or passwords, may only be used by you as permitted herein and may not be sold or distributed without the Company’s express written consent.
Your access to the Retreat may be revoked for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Retreat.
In order to use the Retreat, you may be required to provide information about yourself including your name, email address, address and other personal information. You agree that any registration information you provide will always be accurate, correct and up to date.
OUR INTELLECTUAL PROPERTY
You agree that the Retreat and Materials contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Retreat or Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. The use of the Company’s Retreat or Materials, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.
Company grants you a limited, personal, non-exclusive, non-transferable license to access the Retreat and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Retreat or Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any part of the Retreat and Materials.
To reserve a spot for the Retreat, you must add the product corresponding to the Retreat of your choice to your cart and follow the checkout instructions on the Website to submit your information and non-refundable deposit specified on the Retreat’s website (the “Deposit”) (collectively, the “Registration Materials”). However, if your Registration Materials are submitted after the due date for the Deposit specified on the Website, then the total amount for the Retreat specified on the Website (the “Total Payment”) must be paid to reserve your spot. You will NOT have a reserved spot for the Retreat if you fail to provide all of the Registration Materials.
CONFIRMATION AND ITINERARY SUBJECT TO MODIFICATION.
After Company receives your Registration Materials, you will receive a confirmation email. Please contact us if you do not receive a confirmation email within five (5) business days of submitting your Registration Materials. Thereafter, we may send you, and you consent to receive, correspondence related to the Retreat and the Company, including the itinerary for the Retreat. Such itinerary is subject to change and Company expressly reserves the right to modify the itinerary at any time due to availability of third party vendors, weather conditions, local conditions, or other circumstances out of our control (see also “Changes or Cancellation” below).
Total Payment. The Total Payment is due in full sixty (15 ) days prior to the departure date of the Retreat as specified on the website (the “Payment Due Date”). IF COMPANY DOES NOT RECEIVE YOUR TOTAL PAYMENT ON OR BEFORE THE PAYMENT DUE DATE, COMPANY MAY CANCEL YOUR RESERVATION WITHOUT NOTICE.
Payment Plans. You may select between paying in full or a payment plan. When paying in full, the complete payment is due via email paypal invoice after the deposit has been made. When paying via a plan, deposit is due at checkout and remaining payments are due at the designated times. Late payments for a payment plan may result in a cancellation of your reservation without refund. Your Payments are non-refundable.
Refunds for the Retreat are not available. You agree to make timely and full payments to the Company for the Retreat.
CHANGES OR CANCELLATION.
Company reserves the right to make changes to any and all aspects of Retreat (which may include without limitation changes to the types and/or timing of activities available during the Retreat, items and/or services included with the Retreat, the itinerary, and/or the nature of the Retreat Classes) if, in Company’s sole discretion, Company deems it necessary to do so due to conditions that may be hazardous, dangerous, or otherwise adverse or threatening, if an act or omission of a third party prevents any such aspects of the Retreat or any portion of the Retreat, or for any other reason considered commercially necessary by Company. You will not be eligible for any refunds of any amounts based on any such changes to the Retreat.
By Company. Company reserves the right to cancel your reservation if your Total Payment is not received on or before the Payment Due Date and you will not be eligible for any refunds of any amounts.
Company further reserves the right to cancel the Retreat prior to the Departure Date in the event an insufficient number of registrants are confirmed for the Retreat or for any other commercial reason in Company’s sole discretion and, in such an event, you will receive a full refund of the amount you remitted to Company, but in no event will Company be responsible for any other amount, including preparation costs, airfare, travel documents, or any other Losses or claimed damages.
Cancellations By You. All cancellations by you must be in writing and emailed to Company at the contact email address specified on the website. Any payments made to the Company prior to such notice of cancellation will be non-refundable.
You do have the option to transfer your ticket (reservation) to another individual. You are responsible for selling your spot and notifying the Company of the change. Email email@example.com to confirm ticket transfer.
Effect of Changes or Cancellation. In the event of any change or cancellation, you acknowledge that you will have no right of refund of the Total Payment (whether in whole or in part), and no right to claim compensation for any Liabilities incurred and/or sustained by virtue of any change or cancellation.
PHOTOS, VIDEO, OTHER MEDIA RELEASE.
By and in consideration for being permitted to participate in the Retreat, you irrevocably grant Company and its agents and representatives all rights to use, reproduce, display, exhibit, publish, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Company at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. You further understand and grant permission to Company and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings collected as part of, in connection with, and/or during the Retreat (by Company or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, and/or distributed by or on behalf of Company.
You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Retreat related forums, coaching calls, or otherwise, for the purposes of marketing or promoting the Retreat.
To attend the Retreat, you must be at least eighteen (21) years old and have the requisite power and authority to enter into these Terms of Service. You may use the Retreat for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you, You shall not post or transmit through the Retreat any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Retreat to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Retreat, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to immediately remove you from the Retreat without refund if you violate these Terms of Service.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided about or in the Retreat or Materials is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Retreat or Materials.
RELATIONSHIP OF THE PARTIES
You agree that Company is acting as an independent contractor and that no partnership or joint venture is created between us.
By purchasing a ticket to and attending the Retreat, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, audience growth, or results of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Retreat is a promise or guarantee to you of such results.
THIRD PARTY RESOURCES
The Retreat or Materials may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
WAIVER OF LIABILITY AND RELEASE. IN CONSIDERATION FOR PARTICIPATING IN THE RETREAT, YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR AND HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE COMPANY, ITS OFFICERS, MEMBERS, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, GUIDES, AND OTHER REPRESENTATIVES (EACH A “COMPANY PARTY” AND COLLECTIVELY, THE “COMPANY PARTIES”) FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, AND/OR LOSSES (INCLUDING BUT NOT LIMITED TO ANY EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, MEDICAL EXPENSES, LOST WAGES/INCOME, LOSS OF SERVICES, LOST PROFITS, PROPERTY DAMAGE, PAIN, ILLNESS, AND DEATH) (COLLECTIVELY “LIABILITIES”) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR TRAVEL TO AND/OR PARTICIPATION IN THE RETREAT AND/OR ANY ACTIVITIES CONDUCTED IN CONNECTION THEREWITH, REGARDLESS OF WHETHER SUCH LIABILITIES ARE CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. You have been advised and urged to obtain travel insurance to cover against Liabilities resulting from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and your participation in the Retreat. You acknowledge that whether or not you elect to purchase or not purchase travel insurance, you will not look to any of the Company Parties for reimbursement for any Liabilities suffered or occurring during your travel and/or participation in the Retreat.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Retreat. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
The Terms of Service shall be governed by the laws of the State of New York, and any disputes arising from it must be handled exclusively in the federal and state courts located in County of Kings, New York. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service by mediation. We further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
ENTIRE AGREEMENT; WAIVER
The Terms of Service constitutes the entire agreement between you and the Company pertaining to the Retreat and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
We reserve the right to update our Terms of Service at any time. Such amendments are effective immediately by us posting the new Terms of Service on this Retreat website. Any attendance to the Retreat and use of Materials after an amendment is made means you accept these amendments.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Nothing in these Terms of Service, express or implied, will confer upon any person or entity not a party to these Terms of Service, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms of Service, except as expressly provided herein.
Effective Date: September 14, 2018.