TERMS OF PARTICIPATION
CATOR MEDIA, LLC
LIBERATION RETREAT, TULUM MEXICO
TERMS OF PARTICIPATION
BY PURCHASING A RETREAT PACKAGE (HEREIN REFERRED TO AS “RETREAT” OR “PROGRAM”) YOU (HEREIN REFERRED TO AS “ATTENDEE”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.
Cator Media LLC (herein referred to as “Company”), agrees to provide the Liberation Retreat (herein referred to as “Retreat” or “Program”) as identified in online commerce order form. Attendee agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Retreat.
The services are offered on an “as is,” “where is,” and “where available” basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
Attendee understands Company is not an employee, agent, lawyer, doctor, manager, therapist, business manager, financial analyst, psychotherapist or accountant. Attendee understands Company is not qualified to provide legal, tax accounting, or financial planning. Attendee shall refer any and all legal, tax, accounting, financial planning and investing questions which may arise to a qualified professionals.
Attendee acknowledges that neither Company, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the services, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Program.
Attendee understands that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your earnings, business profit, marketing performance, audience growth or any results of any kind. Attendee agrees that its results are dependent on various factors including but not limited to, skill, knowledge, ability, dedication, business acumen, and finances and in no way dependent on any information Company provides to Attendee.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that Company is not responsible for any loss, property damage, or bodily injury, caused by use of the Program. To the maximum extent permissible under applicable law, Company will not be responsible to Attendee or any third party claims through Attendee for any direct, indirect, special or consequential, economic or other damages arising in any way out use of the Program.
The Retreat shall include:
Attendance to the Liberation Retreat to be held on October 21 through October 27, 2018 in Tulum, Mexico which includes:
One (1) daily combined Yoga Class + Meditation
Three (3) Meals per day (beginning with dinner upon arrival day October 21, 2018 and ending with breakfast upon departure day October 27, 2018)
Six (6) nights accommodations
Two (2) One Hour (60 minute) Group Coaching Calls (“Calls”) with Company in the two months following the Retreat
If Attendee elects to pay for the Best Beachfront Private Room the Retreat fee shall be Four Thousand Six Hundred Dollars ($4,600.00 USD) or Five (5) consecutive monthly payments of Nine Hundred Twenty Dollars ($920.00 USD).
If Attendee elects to pay for the Beachview Private Room the Retreat fee shall be Four Thousand Four Hundred Dollars ($4,400.00 USD) or Five (5) consecutive monthly payments of Eight Hundred Eighty Dollars ($880.00 USD).
If Attendee elects to pay for the Beachfront Double Room the Retreat fee shall be Three Thousand Eight Hundred Fifty Dollars ($3,850.00 USD) or Five (5) consecutive monthly payments of Seven Hundred Seventy Dollars ($770.00 USD).
If Attendee elects to pay for the Garden Double Room the Retreat fee shall be Three Thousand Six Hundred Fifty Dollars ($3,650.00 USD) or Five (5) consecutive monthly payments of Seven Hundred Thirty ($730.00 USD)
Method of Payment
Attendee shall pay via Credit Card (Mastercard, Visa, Discover, or American Express) with the payment to be processed through Infusionsoft Payments. If Attendee elects to pay by payment plan, Attendee authorizes the Company to charge Attendee’s Credit Card at the time they are due each month. Attendee shall not charge back any payments collected by Company’s or cancel the credit card that is provided without providing prior written notice to Company. Attendee shall be responsible for any fees associated with recouping payment on charge backs and any collection fees incurred by Company.
Airfare and Travel Arrangements
Attendee is solely responsible for: (1) booking airfare and travel arrangements for the Retreat dates; (2) securing all required travel documents and visas; (3) complying with all laws, regulations, orders, demands and requirements for each country the Attendee visits; and (4) fees or cost associated with delays, cancellations or changes in arrival or departure times for Attendee’s flights. Attendee understands that flight should not be booked until the Company explicitly gives written approval to book flight.The Company shall not be liable for issues, delays or consequences resulting from the Attendee’s failure to obtain requisite travel documents, visas or failure to comply with laws, regulations, orders, demands, requirements, rules or instructions set by the host country. Additionally, the Attendee understands travel and cancellation insurance is optional, but highly recommended. Attendee understands that acquiring insurance is solely the responsibility of the Attendee.
Upon the submission of a written refund request to Company before June 1, 2018 Attendee shall be entitled to a partial refund in the amount of the Program Price less a Two Hundred Fifty Dollar ($250.00 USD) cancellation fee. No refunds will be issued starting on June 1, 2018 and Attendee shall be responsible for the full program price regardless of participation.
Upon the submission of a written transfer request to Company between March 15, 2018 – Sept 21, 2018 Attendee shall be entitled to transfer their purchase to any other female adult 18 years of age or older of sound health and mind upon Attendee’s payment to Company of a Three Hundred Fifty ($250.00 USD) transfer fee.
If Attendee elects to discontinue their participation in the Program for any reason, Attendee shall still be responsible for any and all outstanding balance(s). If Attendee chooses not to participate or attend the Program for any reason, the Attendee shall not be entitled to transfer their purchase to any other person.
To further clarify, starting June 1, 2018 there will be no refunds and starting September 22, 2018 transfers are not available. Attendee shall be is responsible for full payment of fees for the Retreat, regardless of whether Attendee completes the Retreat. If Attendee elects to discontinue their participation in the Retreat for any reason, Attendee is still responsible for any and all outstanding balance(s). In the case of any unforeseeable circumstances we highly recommend travel insurance. Attendee understands that acquiring insurance is solely the responsibility of the Attendee.
Written refund and transfer requests should be sent to email@example.com
Communication with Company
All written communications should be sent via email. For questions regarding scheduling or the Program, please email firstname.lastname@example.org as it is the exclusive Company email address. Company will answer your questions regularly Monday through Friday and during non-holiday and non-vacation weeks. Please allow for a forty-eight (48) hour response time within that window. The Attendee understands that email sent after hours and on a weekends or holidays will receive a response upon our return.
The Company respects Attendee’s privacy and insists that Attendee respects the Company’s and Retreat Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by any representative of the Company or by Retreat Participants is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, calls or otherwise.
Attendee agrees not to use such confidential information in any manner other than in discussion with the Company during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Further, Attendee agrees that if they violate or display any likelihood of violating this section the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Non-Disclosure of Coaching Materials
Material given to Attendee in the course of Retreat is proprietary, copyrighted and developed specifically for Company. Attendee agrees that such proprietary material is solely for Attendee’s own personal use. Any disclosure to a third party is strictly prohibited.
No Transfer of Intellectual Property
All intellectual property, including Company’s copyrighted Retreat and/or course materials, shall remain the solely and exclusively the property of the Company. No license to sell, reproduce or distribute Company’s materials is granted or implied. Attendee agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights or Company or Participants.
Furthermore, Attendee agrees that if Attendee violates, or displays any likelihood of violating, any of the agreements contained in this paragraph, the Company and/or Participants will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Attendee accepts and agrees that Attendee is fully responsible for their progress and results from the Program. Company will help and guide Attendee however, participation is the one vital element to the Program’s success that relies solely on Attendee. Company makes no representations, warranties or guarantees verbally or in writing regarding Attendee’s performance. Attendee understands that because of the nature of the program and extent, the results experienced by each Attendee may significantly vary. Attendee acknowledges there is no guarantee that Attendee will reach their goals as a result of participation in the Retreat.
Attendee accepts and agrees to create a sacred environment during the retreat. We reserve the right to ask any Attendee to leave the retreat should her behavior become disruptive or dangerous to others while on the retreat. There will be no credits or refunds given, should this occur.
Testimonial and Film/Recording Release
Attendee hereby grants to the Company and to its licensees, assignees, and other successors-in-interest, all rights of every kind and character whatsoever in perpetuity in and to Attendee’s appearance (hereinafter referred to as the “Appearance”) in connection with promotional footage, written script, print images and photography for the Retreat.
Attendee hereby acknowledges that no payment or compensation shall be received for participation to record and publish Attendee’s name, voice, appearance, likeness, and/or written testimony, or any other materials furnished by Attendee in whole or in part. All Attendee testimonies whether verbal, written or exhibited shall not be scripted and represents Attendee’s own opinions and beliefs and are true and correct to the best of Attendee’s knowledge.
Attendee hereby authorizes the Company to photograph, record, or release (on tape, film, print, website or otherwise), the Appearance; to edit at its discretion and to include with the appearance of others in the Retreats; and to use the Appearance in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name and likeness in connection with the Retreats.
Attendee hereby waive all rights, release, and discharge the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use of Attendee’s Appearance. The Company owns all rights and proceeds resulting from Attendee’s Appearance. The Company is not obligated to utilize the authorization granted by Attendee hereunder.
Independent Contractor Status
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In these Retreats no such persons shall be deemed employees of the other party by virtue of participation or performance hereunder.
Non-Solicitation Of Personnel
Each of the parties hereto covenants and agrees that it shall not, during the term of this agreement and for a period of twelve (12) months after termination, directly or indirectly, employ, engage, contract with or in any other way utilize or solicit or make any offers for the services of any of the other party’s employees, contractors or other personnel. Any Violation of paragraph is ground for Termination from the Retreat without forgiveness.
In the Retreat that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, 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.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
A) Limitation Of Liability. Attendee agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Attendee releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Attendee accepts any and all risks, foreseeable or unforeseeable.
Attendee agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Attendee knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Attendee may sustain as a result of participating in this Program.
Attendee further declares and represents that no promise, inducement or agreement not herein expressed has been made to Attendee to enter into this release. The release made pursuant to this paragraph shall bind Attendee’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement. In the Retreat that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such 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. The Parties agree that neither 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, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. This Agreement may not be assigned by the Attendee, without express written consent of Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Termination. Company is committed to providing all Attendees in the Program with a positive Program experience. Attendee agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Attendee’s access to Program without refund or forgiveness of monthly payments if Attendee become disruptive to Company or Participants, difficult to work with or upon violation of the terms as determined by Company. Attendee will still be liable to pay the total contract amount.
E) Indemnification. Attendee shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Attendee shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Attendee recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
F) Resolution of Disputes. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Attendee, Attendee is responsible for any and all arbitration and attorney fees.
G) Equitable Relief. In the Retreat that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: email@example.com.
I) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date of purchase by Attendee.
BY PURCHASING THIS PROGRAM, THE ATTENDEE HAS READ AND AGREES TO THE WORKING AGREEMENTS ABOVE.