The following Terms of Use are entered into by and between You ("Client", "Attendee", "Participant" or "You" and Agape Soul Spa LLC, dba Laura Naiser Mindset Coaching (“Company”, “we”, or “us”).
The Company agrees to provide you with access to the event entitled, “2022 Refresh & Recharge CEO Retreat” (“Event”). By purchasing a ticket for and as a condition of participating in the Event, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Event. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Event, which provides education and information. The information contained in the Event, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
As set forth more fully in the Disclaimer, the information presented and provided at the Event and the resources available for download are for educational and informational purposes only. The information and the resources are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Ticket Price – The regular ticket price for the Event is $1,500. The Early Bird ticket price is $1,000 and applies to registrations purchased on or before 11:59 pm September 30, 2022. Fees are in US Dollars.
Payment – The payment of the applicable fee(s) for the Event is due upon registration. If such payment is insufficient or declined for any reason we may refuse to admit you to the Event and shall have no liability in that regard.
Like most live performances such as sporting events, concerts and performing arts events, tickets to this event are not refundable.
As stated on our website and in our marketing materials, the Company guarantees that Attendees will be 100% satisfied with the Event should they attend the entire event and actively participate in the event activities. Satisfaction is defined as the Attendees belief that we have delivered on what we have promised in promoting the Event based on our Event registration page on our website.
If at the conclusion of the event after having attended the entire event, actively participated in discussions, and completed all exercises and activities, you are not satisfied that we have delivered on what we have promised, you may request a refund by verbally notifying the Company representatives of your dissatisfaction. You are entitled to request a refund until Saturday, November 5 at 10 am Central Time. After that date, you will not be entitled to any refunds. All refunds are at the sole discretion of the Company and all Company decisions are final and binding.
If you qualify for and request a refund timely, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
A guarantee represents a promise about the quality of services delivered. If you purchase a ticket but do not attend, and thus do not experience the services, the guarantee does not apply. The Company does not offer any refunds to participants who fail to attend the retreat. The guarantee cannot be substituted for or confused with the Cancellation Policy.
The event will be conducted live from 5:00 pm Central Time on November 1, 2022 through 5:00 pm Central Time on November 4, 2022.
The Company shall provide the following to You as a ticket holder:
Admittance To Event – Your registration entitles you to admittance to the Event.
Specific Meals – If you are staying on-site, a light breakfast will be provided on November 2, 3, 4 and 5. All participants will be provided lunch on November 2, 3 and 4. All participants will be provided an evening meal on November 1, 2 and 3.
Retreat Materials – Worksheets, handouts, digital downloads, access to video or audio recordings may be made available to retreat participants. If so, your registration entitles you to those materials distributed or shared at the retreat.
Any and all other costs associated with your attendance (including without limitation any travel and/or accommodation expenses) shall be borne solely by you and we shall not have liability for such costs.
We try to avoid it, but sometimes plans have to change. Therefore, you acknowledge and agree that we, in our sole discretion, reserve the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, venue and time.
The Company may record some or all of the presentations that are part of the Event. This shall include the main stage sessions, breakout sessions, question and answer sessions, coaching sessions, and the social activities that occur during the event. The Company reserves the right to use these recordings commercially for all legal purposes.
As a condition of participating in the Event, you hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the Event recordings, including to the extent that your name, image, likeness, appearance, voice, or other identifiable information might appear on the recordings of the Event.
The Company shall be the exclusive owner of all rights, including copyright, in the recordings. You hereby irrevocably transfer, assign, and otherwise convey to Company my entire right, title, and interest, if any, in and to the recordings and all copyrights and other intellectual property rights in the recordings arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers.
In other words, the Company has the right to use the recordings – including any audio or video recordings of You participating in any sessions as part of the Event – commercially, including as marketing material going forward.
All content included as part of the Event, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Event, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Event are the trademarks of their respective owners.
Your participation in the Event does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Event, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Event content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Event.
The Company content is not for resale. Your participation in the Event does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
By participating in the Event, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Event or not. The Company provides educational and informational resources that are intended to help participants in the Event succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Event are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Event. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Event.
While we take every possible measure to ensure Attendee safety at the Event, we can not control everything. For this reason, Attendee is legally responsible for their safety and behavior and agrees to, and is held legally liable to, the following statements:
I, the willing Attendee of the Event, 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 Company 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 at the Event, whether caused by negligence of the Company or otherwise.
I further agree to indemnify and hold harmless the Company 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 Company be held liable for my injury or death or any loss or damage of my personal belongings resulting from my participation in the Event.
Should I require emergency medical treatment as a result of an 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 Company 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 Company is not legally obligated to act on that information in any way or to provide any medical service whatsoever to me. I agree that if I have any medical or psychological conditions that may hamper me from fully and healthfully participating in the Event that I will notify the Company and that the Company retains the right to ask that I not participate in portions of or the entirety of the Event.
Photographs, short audio and video clips taken and recorded by you may be used for personal use, social media, blogging and press coverage of sessions. Without express, written permission from us, audio and video clips published must be non-contiguous clips of thirty seconds or less and photographs must not contain Event content or materials. Subject to the forgoing limitation, all audio and video recording of Event sessions is strictly prohibited.
The Company makes no warranties regarding the performance or operation of the Event, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Event. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Event and/or any information and resources contained in the Event. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Event.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Event, with the delay or inability to use the Event or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Event, or otherwise arising out of the use of the Event, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Event.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Georgetown, Texas. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Company is committed to providing a peaceful and harassment-free Event and we expect all attendees to behave appropriately and to treat everyone else at the Event with dignity and respect. You acknowledge that the Company reserves the right, in its sole discretion, to terminate your access to the Event and the related services or any portion thereof at any time, if You become disruptive to the Company or other Event participants, if You fail to follow the Event guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Event, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Event. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable with respect to you on the date you purchase your ticket for the Event.
The Company welcomes your questions or comments regarding the Terms & Conditions:
Agape Soul Spa LLC, DBA Laura Naiser Mindset Coaching
P.O. Box 411
Georgetown, TX 78627
Email Address: support@lauranaiser.com
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