The Wild Woman Experience Ireland Terms and Conditions Agreement is made as of today, by and between YOU (herein referred to as “Client”) and Dani McDonald and the fellow facilitators of the Wild Woman Experience, (herein referred to as “Company”, and collectively the “Parties” in consideration of the mutual promises made herein:
WHEREAS, Company provides services in the form of a 7-day retreat, “Wild Woman Experience Ireland” (herein referred to as “Program” or “Retreat”);
WHEREAS, Client wishes to retain Company on the terms and conditions set forth herein to provide such services,
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agree as follows:
Company agrees to provide the following: “Wild Woman Experience Ireland” a 7 day retreat for women to be held in Ireland June 22nd - 28th, 2021. Accommodation and meals are provided. Travel is NOT included. We have the right to change accomodation and further details in regards to this experience at any time. Attendees will be notified prior to such changes.
Client understands Dani McDonald and Facilitators (herein referred to as “Coach”), is not an employee, agent, lawyer, doctor, manager, therapist, business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands her participation in this Program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client understands that Coach has not promised, shall not be obligated to and will not: (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; or (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands that a coaching relationship does not exist between the Parties after the conclusion of the Program. If the Parties continue their relationship, a separate, signed agreement will be entered into.
3. PROGRAM DATES
June 22nd - 29th, 2021
Super Early Bird
5. REFUNDS AND CANCELLATIONS
Client is responsible for full payment of fees for the entire retreat, regardless of whether Client attends or completes the retreat and regardless of whether Client has selected a lump sum or monthly payment plan. If Client elects to discontinue her participation in the retreat for any reason, Client is still responsible for any and all outstanding balance(s). To further clarify, no refunds will be issued and all scheduled payments must be made on a timely basis. There are no transfers allowed if the client decides not to attend the retreat. The client's ticket to the retreat is good only for herself.
Client understands travel and cancellation insurance is optional, but highly recommended. Client understands that acquiring insurance is solely the responsibility of the Client.
7. AIRFARE AND TRAVEL ARRANGEMENTS
Client is solely responsible for booking airfare and travel arrangements for the Program dates and fees or cost associated with delays, cancellations or changes associated with such arrangements.
8. LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client 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. Client accepts any and all risks, foreseeable or unforeseeable.
By signing this Agreement Client acknowledges she has read, signed and received a copy of the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“Agreement”) (below)
Coach is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that Coach may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client become disruptive or difficult to work with, inhibits the participation of other Participants (as defined below) or upon violation of the terms. In the event Coach terminates this Agreement due to a breach by the Participant, the Participant shall immediately cease using the materials. The obligations of the Client under this Agreement shall remain in effect in perpetuity after expiration or termination of this Agreement. Client will still be liable to pay the total contract amount.
The Company respects Client’s privacy and insists that Client respects the Company’s and the other participants in the Captivating Feminine Leadership Retreat (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any information shared by Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. All Parties agree not to disclose, reveal or make use of any Confidential Information (as defined below) or any transactions, during discussions, during group coaching calls, from the forum, workbooks or otherwise.
Client understands her name and other identifying information may be displayed amongst Participants and that system errors may occur.
Client agrees not to use such confidential information in any manner other than in discussion with the Coach/Company or other Program Participants 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 (“Confidential Information”).
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, Client agrees that if they violate or display any likelihood of violating this section the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
12. INTELLECTUAL PROPERTY
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
Company's program is copyrighted and the original materials that have been provided to Client are for Client's individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company's copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company's materials is granted or implied.
Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
13. CLIENT RESPONSIBILITY
Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Coach will help and guide Client, however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program.
14. EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
15. ENTIRE AGREEMENT; MODIFICATION; WAIVER
This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Agreement 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 the Party making the waiver.
This Agreement shall not be assigned by either Party without the prior written consent of the other Party.
17. GOVERNING LAW; VENUE
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New Jersey, regardless of the conflict or laws principles thereof. 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. The exclusive venue for any action, arbitration or other proceeding based on or arising out of this Agreement shall be in New Jersey. Participant agrees to designate herself as an agent for service of process for any such action.
18. FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, pandemics, 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 term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.