I. POLICIES
A. Fees.
1. License to Attend.
Attendee understands and acknowledges that by purchasing an individual, non-refundable license to attend the Event(s) (hereinafter "Ticket(s)"), Attendee is receiving a revocable, non-transferable license to participate in the Event(s). This license may be revoked by the Company at any time, with or without cause. If Attendee is found to have violated any of the terms contained herein, Attendee understands the Company has the sole discretion to determine whether their license shall be revoked.
2. Total Fee.
The total fee Attendee's Ticket(s) is to be determined in writing in advance of the Event(s) based on the specific Event and needs of the Attendee, in alignment with the Company's "Pay-What-You-Choose" Reciprocity Model. The total fee payment is inclusive of the entire Event(s) (specific inclusions differ per event), but does not include transportation to or from the Event(s), or any other additional services.
Payment structure shall be determined between the Company and the Attendee in writing in advance. Time is of the essence with respect to payments due to the Company. Company shall revoke Attendee's Ticket(s) for the Event(s) if timely payment is not made in full when due. Attendee is responsible for making timely payments and understands that failure to do so shall result in full forfeiture rights and all monies paid under these Terms, including revoking of their Ticket(s), and no refund shall be owed by the Company.
3. Refunds and Transfers.
Company shall reserve a limited numbered space for Attendee for the Event(s) upon submission of payment. Due to limited availability and the difficulty of re-filling space, especially as time progresses, all payments shall be non-refundable upon receipt. Attendees may opt to transfer their ticket to another event or treat, with written permission of the Company, however, any transfer must occur at least fourteen (14) days prior to the start of the scheduled Event. If unable to attend a future event or retreat, the Attendee may elect to have their non-refundable payment deposited in the Company's scholarship fund.
B. Acknowledgements. Attendee agrees and acknowledges the following:
I. I understand Harmony Mountain House is a fully plant-based house that allows no animal products on the premises.
2. I understand that Harmony Mountain House staff lives on the premises (with a baby) and all will likely be present during the Event(s). I also understand that Harmony Mountain House runs an Airbnb, and other guests may be encountered.
3. I understand I may encounter dangerous and/or unwanted animals, plants, and bugs on site, in addition to inclement weather, and assume the risk of any encounters.
4. I understand that bathrooms and showers are co-ed and shared.
5. I understand that I am responsible for my own free and willful participation in activities while on-site, including participating in hot yoga, breathing exercises, hiking, camping. grilling. and the use of the hot tub, infrared sauna, hammocks, bonfires, candles, incense and more.
6. I understand that consumption of food and beverages on the property is optional and at my own discretion. The Company is not responsible for any illness, allergy, aversion, or distaste to any food or drink provided.
7. I understand as long as COVID remains a concern (as determined by Harmony Mountain House staff I will be responsible for providing a negative COVID test within seventy-two (72) hours of arrival for all overnight retreats and events.
C. Code of Conduct. Attendee understands that this is a group Event(s) and therefore, a cooperative and positive attitude is essential when participating. Attendee agrees to treat all staff and agents of the Company, third party vendors, and other attendees at the Event(s) with courtesy and respect. Vulgar, hostile, threatening, racist, sexist, homophobic, discriminatory, and similarly inappropriate language and behavior will not be tolerated. Additionally, excessive consumption of alcoholic beverages or other intoxicating beverages or substances to the point of disruption is discouraged and may result in Attendee's removal from the Event(s) The use of illegal narcotics and other controlled substances is expressly prohibited.
Attendee understands the Company reserves the right to require Attendee to leave the Event(s), without refund, if Company determines in its sole discretion that Attendee has violated this provision in any way whatsoever. Company may also revoke Attendee's right to attend the Event(s) should it determine, in its sole discretion, that Attendee's continued presence would be disruptive, dangerous, or otherwise create hazards to the proper functioning of the Event(s).
If Attendee's participation in the Event(s) is terminated for any reason, including but not limited to non-compliance with rules, regulations, and guidelines set forth by Company, local government, or other parties involved such as the venue or location, Attendee acknowledges that they will not receive a refund and will be required to leave immediately.
D. Restrictions. If Attendee requires any special accommodations or has any dietary or allergy restrictions, Attendee shall notify the Company immediately upon initial payment and purchase of the Ticket(s) so Company can ensure those needs are met and able to be accommodated Any dietary, meal or allergy restrictions or other special accommodations must be communicated in writing at least fourteen (14) days before the start of the Event(s), however, preferably sooner.
II. RIGHTS
A. Confidentiality of Company Information. Company owns, possesses, or controls certain trade secrets and other proprietary and confidential information acquired through the expenditure of time, effort, and money, including, but not limited to, planning documents, pricing list, contracts, financial documents, instructional documents, timelines, checklists, and the terms of this Agreement, herein "Confidential Information" Attendee cannot share any materials provided by the Company, such as videos and written materials, or the substantive lessons learned either in writing or verbally, and especially not for profit, such as hosting or presenting educationally. Attendee agrees to use all best efforts to protect Company's interest in the Confidential Information and keep it strictly confidential, which may only be used for their sole, individual business and betterment. This includes a covenant to not directly or indirectly disclose, allow access to, transmit, or transfer the Confidential Information to any third party, including but not limited to online forums, group messages, or elsewhere, and especially not to the detriment of the Company, including to circumvent or undercut sales, replicate methods or models, or re-distribute Event(s) materials, content, and lessons. All materials, images, and words are the exclusive property of the Company, are privileged and confidential, and cannot be copied, shared, distributed, or reproduced.
B. Model Release. By purchasing a Ticket(s) to the Event(s), Attendee understands and agrees that he or she may be photographed, recorded, and/or included in digital media taken at the Event(s Attendee hereby gives Company the universal and irrevocable right to use his/her name, voice, image, likeness, basic biographical information, business name, and depictions in connection with the Event(s) in any manner and any medium (including, but not limited to, promoting the Event(s) and similar future events on social media, websites, newsletters, and online).
C. No Recording, Streaming, or Filming. The Company may require Attendee to refrain from using any audio or video recording equipment during certain portions of the Event(s), such as during educational lessons. Attendee will be notified if and when recording is prohibited. Because the information presented at the Event(s) is proprietary to the Company and has significant value, Attendee should not attempt to record or stream any of this information for any purpose. Attendee will be asked to delete any recordings if found in violation, and their Ticket(s) will be revoked with refund. This does not include posting snippets on social media, which is encouraged, but rather the filming, streaming, and/or recording of educational lessons.
D. Safety and Security. The safety and security of all Attendees and staff is important to Company. Company reserves the right to conduct a reasonable search of Attendee and property upon entry to the Event(s If refused, Company shall have the right to deny Attendee entrance to and participation in the Event. If Company denies Attendee entry or requires Attendee to leave based on these circumstances, Attendee will not be eligible to receive any refund.
E. Image and Content Usage. Should Attendee wish to share about their participation in the Event(s), he/she agrees to share images, media, and any other content with proper credit to the Event(s) and Company. The Company shall provide any proper credits to be properly tagged and listed on social media and online, which may include third party vendors who participate in the creative contributions for the Event(s).
F. Non-Disparagement. Attendee agrees that they shall use reasonable and good faith efforts to ensure not to engage in any vilification of the Company, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the Company; whether written or spoken. The Attendee further agrees to do nothing that would damage the Company's business reputation or good will; provided, however, that nothing in this Agreement shall prohibit either party's disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction.
III. LIABILITY
A. Release. Attendee hereby agrees to release, discharge, and hold harmless Company, its employees, heirs, representatives, affiliates, agents, successors, and assigns from any and all liability, claims, demands, causes of action, suits, damages, losses, debts, costs, and expenses, in law or equity, arising from, associated with, or in any way related to the Event. This complete waiver of liability to the maximum extent permitted by law includes, without limitation, claims arising from theft, damage, or destruction to property; personal injury, illness, or death; negligence or carelessness by the Company; dangerous or defective equipment or property owned, maintained, or controlled by Company.
Attendee's participation in the Event(s) may include hazardous activities such as exposure to weather conditions, exposure to high heat (sauna, hot tub, etc, or other hazardous conditions. Attendee acknowledges their participation in activities of the Event(s) are at their own free will and freely assumes all risks of injury, harm, and/or loss, and shall not hold the Company liable or responsible.
Company does not provide travel insurance or healthcare to participants and, accordingly, encourages Attendee to obtain their own travel, health, business, and/or property insurance in order to adequately cover their participation in the Event(s), including but not limited to sickness, health issues, bodily harm, travel cancellations or delays, and/or any other incidental or direct damages due to participation in the Event(s If the Company were to be held liable for any monetary damages for any reason, liability shall be limited to the amount paid to the Company by the Attendee. Attendee hereby agrees and understands that he/she is personally liable for their property when attending the Event(s), as well as any medical or travel emergencies.
B.Medical Care. Attendee is responsible for their own health and safety while attending the Event(s If it becomes reasonably necessary for Attendee to receive medical treatment at either Attendee's request or Company's discretion during the Event(s), Attendee understands and accepts full responsibility for any and all medical expenses arising out of any treatment from such an incident. In the event that Attendee is unable to make medical decisions in an emergency, Attendee consents to the care of any reasonable physician or treatment center to administer treatment until Attendee's emergency contact(s) can be reached.
C. Professional Advice. Attendee agrees and understands Company is not providing professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional. No legal, financial, accounting, nutritional or other kind of professional advice will be given of any sort nor any confidential relationship formed.
IV. MATERIAL CHANGES
A. Changes to the Event(s). The Company agrees to promptly notify the Attendee if there are any changes to the Event's location and/or date(s Should a change occur, all payments and Attendee's Ticket(s) will be transferred to the new date and/or location. If Attendee cannot reasonably participate in the new location and/or date(s), Company agrees to refund the Attendee in full or transfer their ticket to another event. This shall be the only remedy offered by the Company. The Company shall not be responsible for any of Attendee's change or cancellation fees in relation to travel.
B. Withdrawal of Attendance. Should Attendee wish to cancel their attendance of the Event(s) or terminate this Agreement for any reason, Attendee's Ticket(s) will be non-refundable, but shall be transferable to another event upon written approval by the Company and so long asit is at least fourteen (14) days prior to the start of the Event(s Should Attendee be unable to transfer their Ticket(s) for any reason, they will not be refunded and the payment will be contributed to the Company's scholarship fund.
C. Force Majeure. Each of the following shall be defined as a "Force Majeure Event": (a) acts of God; (b) casualty or natural disasters (including, without limitation, fire, earthquake, explosions, hurricane, flooding, storms, blizzards, infestations, epidemic, or pandemic); (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrection, or other civil unrest; (d) government order, law, or act (or failure to act); (c) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, lockouts, labor disputes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) personal incidents such as accident, death in the family, illness, medical or health condition, or sudden tragic circumstances; or (j) any other reason not within the reasonable control of the party delayed in performing (whether similar or dissimilar to the foregoing events).
If either party shall be prevented from performing under this Agreement by reason of a Force Majeure Event, then such non-performing party shall not be in default under or in breach of this Agreement as a result. The non-performing party shall give notice of its inability to perform to the other party within five (5) days after the Force Majeure Event, though performance shall still be excused even if notice isn't given. The non-performing party shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event, and the non-performing party shall resume the performance of its obligations as soon as reasonably practicable after the end of the Force Majeure Event. The provisions of this Section shall not operate to excuse timely payment under this Agreement.
If the Event(s) itself is canceled due to an emergent change in circumstances or Force Majeure event, then the Company will reschedule the Event for a new date and allow Attendee to transfer their Ticket to that date. This shall be the only remedy offered by the Company under these circumstances.
V. MISCELLANEOUS
A. Entire Agreement. This is a binding Agreement which shall go into effect immediately upon Attendee's execution of this Agreement. This Agreement incorporates the entire understanding of both parties and supersedes any other written or oral agreements between Attendee and Company in relation to this Event(s Any modifications must be in writing and signed by both parties. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. The terms of this Agreement shall continue in full force throughout the duration of the Event(s) and beyond the conclusion, unless otherwise expressly terminated.
B. Governing Law. This Agreement shall be governed by the laws of the State of New Jersey, and both parties agree and consent that, should any dispute arise, it shall be subject to the jurisdiction of Warren County, New Jerscy. Attendee assumes responsibility for all costs and legal fees should enforcement of this Agreement become necessary.
C. Damages. Notwithstanding any other provision herein, it is expressly understood and agreed that the Company shall not have any liability for consequential, special, punitive, or treble damages with respect to any of the terms or covenants of this Agreement.
D.Headings. All descriptive headings are inserted for convenience only and shall be disregarded in construing or applying any provision of this Agreement.
E. Severability. If any provision of this Agreement is found to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion of provision of this Agreement.
F. Counterparts; Facsimile Signature. This Agreement may be executed in multiple counterparts, each of which may be an original, telecopy, or electronic file portable data format PDF) and all of which evidence only one agreement and shall be deemed to be a full and complete agreement between the parties. The parties agree a facsimile copy (electronic copy) of this Agreement, which contains the parties' signatures, may be used as the original.
G. Acknowledgments. Each party acknowledges that he or she has had an adequate opportunity to read and study these Terms, to consider them, to consult with attorneys if he or she has so desired.