This Agreement (“the Agreement”) is made today between Haley Night AKA Haley Neidich of haleyandevan.com, Haley Neidich Psychotherapy and Consulting LLC and her associate and co-retreat leader Evan Neidich, a company with its address at 59 Elm Street New Haven, CT 06510 and her/the programs associates associates (“Company”), and you, (“Retreat Participant”).
WHEREAS, Company intends to offer a multi-day Course on the subject of spiritual coaching, self-help, creativity, movement and training; and
WHEREAS, the Retreat Participant desires to participate in the Retreat under the following terms and conditions; and
NOW, THEREFORE, in consideration of the terms and provisions contained herein, and for good and fair consideration, the receipt and adequacy of which is expressly acknowledged, the parties do agree as follows:
Company intends to offer a Retreat “Warrior Goddess Retreat” AKA located at the Pura Vida Retreat Center in Costa Rica on February 4th, 2017 and concluding on February 9th, 2017 (“Retreat”). Company will provide the basic materials for the Retreat. Retreat Participant shall be responsible for any transportation costs, spa treatments costs and any and all other financial responsibilities not listed on the sales page for the Retreat.
Retreat Participant acknowledges that there are certain potential hazards inherent in attending any training course in any location, including crime, health risks and acts of terrorisms. Course Participant hereby waives and releases Company from any and all actions, claims, or demands that Retreat Participant, its assignees, heirs, guardians, and legal representatives now have or may hereafter have for injury, illness, death or damage to property resulting from or relating to his/her participation in this Retreat.
Retreat Participant acknowledges that the leader Haley Night AKA Haley Neidich and her associates are not acting in the role of a psychotherapist or mental health professional. You are responsible for your own health, mental health and wellness at the Course and understand that the material and teachings at the course are not in any way a substitute for treatment from a mental health professional.
Retreat Participant indicates an understanding and agrees to the release of photographs, video and audio recorded or taken during the retreat for the sake of education, promotional or products by Haley Night AKA Haley Neidich Psychotherapy and Consulting LLC and associates. All photos, video or audio recorded by the Company is considered intellectual property of Haley Neidich Psychotherapy and Consulting LLC.
Retreat Participant understands that it is her responsibility to speak with Haley Night AKA Haley Neidich Psychotherapy and Consulting LLC or it’s associates if she refuses to allow a certain piece of material to be used.
Ownership of Materials
All Materials, including without limitation any instructions, explanations, definitions, descriptions, worksheets, case studies and other ancillary materials shall remain the sole property of Company and are protected by copyright, trademark and other intellectual property rights, throughout the world. Retreat Participant may not copy, publish, distribute, upload to any database, transmit, broadcast, or create any derivative works of the Materials, in whole or in part for any purpose, in any media or format, throughout the world, including without limitation any translation of the Materials, or incorporating any of the Material in another work. Nevertheless, Retreat Participant may incorporate sections of the Materials in their own teachings so long as he / she sites “as taught by Haley Nigh or Evan Neidicht.” The same applies to any other teachers or seminar leaders who join the Retreat throughout these dates.
Retreat Participant may not offer (on its own or in conjunction with another person or entity other than Company) any program that is the same or is substantially similar to the Retreat or any retreat material or images provided.
Retreat Participant warrants that Company has no liability or responsibility for Retreat Participant and Course Participant shall indemnify, defend and hold harmless Company from and against any and all losses, claims, demands, suits, actions, proceedings and expenses (including reasonable attorney fess) arising out of any claim by any third party related to Retreat Participant use of the information or material provided during the Retreat.
(a) Neither this Agreement nor any interest herein may be assigned, in whole or in part, by either party hereto without the prior written consent of the other party.
(b) Any dispute or controversy arising or in connection with this Agreement shall be settled exclusively by arbitration in the State of Connecticut, in accordance with the rules of the American Arbitration Association. The validity, interpretation, construction and performance of this Agreement shall be governed under the laws of the the State of Connecticut without giving effect to the principles of conflict of laws.
(c) This writing constitutes the entire agreement of the parties hereto. There are no understandings, written or oral, relating to the subject matter herein, except as expressly set forth herein. This Agreement shall not be modified except by a subsequently dated written amendment hereto, signed on behalf of each party.
(d) The parties hereto are independent contractors and neither party is an employee, agent, partner or joint venture of the other.
(e) If any provision of this Agreement shall, to any extent, be declared invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed not to be part of this Agreement and the parties agree to remain bound by all remaining provisions.
(f) No waiver of any breach of this Agreement or of any terms or conditions hereof, shall be valid or binding unless in writing and signed by both parties. No waiver of any breach hereof, or of any terms or conditions hereof, or of any defaults hereunder, shall be deemed a waiver of any subsequent breach or default, and shall not in any way affect any other terms or conditions hereof.
(g) This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first written above.
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