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Terms & Conditions

This agreement (“Agreement”) is made and entered into on the earlier date signed below (“Effective Date”) by and between Vital Visions Coaching and Consulting LLC], a New York State limited liability company (the “Company”) as represented by Melissa Ifill, hereafter referred to as the “Facilitator,” and Participant NAME (the “Participant”). Company and Client are individually referred to as a “Party,” and collectively as the “Parties.”

 

THEREFORE, the Facilitator and the Participant agree as follows: 

1. RETREAT DETAILS & CLIENT RESPONSIBILITIES:

  • The whole point of this Agreement is to make sure we're all on the same page about the Heart Centered Healers Retreat (let's call this "the Retreat") which you've seen on our online Retreat sales page (or "the Website") happening from August 11, 2024 to August 16, 2024. We want to clarify who does what and when, to ensure that everyone has a great time, achieves what they want, and feels comfortable. We're all about creating a positive and productive experience for everyone involved.

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2. The Retreat will include and cover the following: 

  1. (1) group 1-hour Pre-Retreat Call and Q&A to go over logistics.

  2. 5 nights shared or single occupancy at Imiloa Institute in Dominical, Costa Rica.

  3. All on site meals and snacks

  4. At minimum 4 workshops to support the growth and development  of your business.

  5. At minimum 4 workshops for personal development and wellness. 

  6. Air transportation to and from San Jose, Costa Rica to Dominical, Costa, Rica.

  7. All land transportation while in Dominical, Costa Rica during retreat dates.

  8. Opportunity to upgrade for wellness bar and on site spa services at additional cost.

  9. Daily itineraries will be provided to outline the day’s activities.

  10. Access to a private communication group via whatsapp, where we will share packing information, flight information, and connect prior to the retreat. 

  11. Any and all costs for additional lodging/transportation/food and other expenses not listed above are the responsibility of the Participant.  Participant acknowledges that no other costs beyond those described herein will be included in the cost of the Retreat. This includes but is not limited to travel insurance, flights to San Jose, Costa Rica, any off site meals, any fees accrued due to medical expenses, any additional Transportation costs should you choose or be unable to travel as coordinated for the group. _______ (Participant’s Initials).

  12. Participant will inform the Facilitator of flight arrangements, dietary restrictions, allergies, and/or required accommodations due to medical needs at least thirty days (30) prior to the start of the Retreat.

 

3. PAYMENT TERMS.  The Participant agrees to submit payment through the designated processor on the Website or via an alternate method mutually agreed upon. Due to the nature of planning a retreat like this, your payment is to reserve your spot and to account for the activities we’ll be doing. Therefore, all payments made are final and non-refundable. It is highly recommended that you secure the appropriate insurance to cover the cost of this trip and any emergent needs that may occur while you are on this trip. Due to the nature of this retreat and the services being offered, we are unable to issue any refunds or credits. By signing this agreement you further acknowledge that you are responsible for the full payment of your booking. Should you be unable to attend, you may transfer your space to another individual after discussion and approval by the Facilitator.

 

4. DISCLAIMERS. By choosing to partake in the Retreat, the Participant acknowledges and understands that the Facilitator or any guest speakers are not acting as medical doctors, psychologists, therapists, lawyers, or financial advisors. The coaching services provided under this program are not meant to replace or act as alternatives to the expertise and care provided by these professionals. The coaching received should not be misconstrued, misinterpreted, or substituted as psychological counseling, therapy, or any other kind of professional advice.  

 

5. During the Retreat, the Facilitator may furnish the Participant with advice, information, and/or products deemed potentially beneficial to the Participant. However, these should not be construed as any form of endorsement. The Participant is responsible for using their best judgment when using any products or engaging in any activities suggested by the Facilitator and/or guest speakers, especially if they feel uncomfortable, or if such activities or products might be against their best interest, health, or wellness. The Facilitator assumes no liability for any adverse effects or consequences that may arise, either directly or indirectly, from the Participants use of any products, advice, or information or engagement in any activities suggested by the Facilitator.

 

6. The Retreat may include third-party services, such as transportation, food and beverage, equipment rentals, and venue providers. The Facilitator may also offer recommendations for other services but is not responsible for their actions. Any issues with these third-party services should be addressed directly with the service provider. The Facilitator is not liable for any losses or injuries related to these services.

 

7. Participant confirms that they are medically and physically fit enough to participate in the Retreat's activities. The Participant acknowledges that they should consult a healthcare professional if they have any concerns about their ability to participate safely. The Facilitator is not responsible for any health issues or injuries that may occur as a result of your participation in the Retreat activities.

 

8. NO GUARANTEES. The Facilitator makes no representations or guarantees regarding specific outcomes or results that may be achieved as a result of participating in the Retreat. Participant acknowledges and accepts that any results achieved are dependent on various factors, including the Participant’s efforts, dedication, and individual circumstances. The Facilitator does not guarantee that the Retreat will lead to any specific results, financial gains, or improvements in the Participant’s personal or professional life. Participant understands and agrees that they are solely responsible for their own actions and decisions, and that the Facilitator is not liable for any results or lack thereof experienced by the Participant.

 

9. INTELLECTUAL PROPERTY RIGHTS. The Facilitator and guest speakers retains all copyright and other intellectual property rights in respect of the materials specifically created for the Participant part of the Retreat ("Materials"). Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Facilitator or guest speakers to the Participant, nor grant any right or license other than those stated in this Agreement. The Participant agrees that, without the prior written consent of the Facilitator and guest speakers, they will not reproduce, distribute, modify, create derivative works from, display, perform, publish, license, transfer, or sell any of the Materials provided during the Retreat.

 

10. MEDIA RELEASE. By attending the Retreat, you, the Participant, are entering an area where photography, audio, and video recording may occur. At anytime, the Facilitator/Company may take photographs, videos, audio recordings, or other recordings during the Retreat that Company may use for future commercial purposes. Participant agrees and understands that by participating in the Retreat, Participant is consenting to being recorded and photographed and to the use of Participant’s name, image, likeness, writing, and voice in any media by Company to promote Company’s services.

 

11. CODE OF CONDUCT. The Facilitator is committed to providing a safe, respectful, and inclusive environment for all Retreat participants. To ensure this, the Participant agrees to comply with the following code of conduct during the Retreat: 

 

  1. The Participant shall respect the rights, dignity, and worth of every individual they interact with during the Retreat, regardless of their gender, race, ethnicity, national origin, age, sexual orientation, ability, education, or religion.  

  2. The Participant shall refrain from engaging in any form of harassment, discrimination, or offensive behavior, including but not limited to, inappropriate physical contact, unwelcome sexual attention, and offensive remarks or gestures. 

  3. The Participant shall not engage in any behavior that disrupts the smooth functioning of the Retreat or interferes with the enjoyment or participation of other attendees.

  4. The Participant acknowledges that Imiloa Institute is an alcohol and drug free campus. In addition, all smoking is confined to a designated area at the entrance gate of the campus. 

  5. The Participant agrees to comply with all instructions provided by the Facilitator and other Retreat staff, as well as all local laws and regulations. _______ Client initials

 

12. Any Participant who fails to comply with this Code of Conduct may be subject to immediate removal from the Retreat without a refund, at the sole discretion of the Facilitator/Company. Further, the Participant be held responsible for any damages or legal liabilities incurred as a result of their misconduct. In addition, should such removal be necessary, the Participant acknowledges that they are responsible for additional fees, or expenses that may be incurred.

 

13. LIABILITY WAIVER & ASSUMPTION OF RISK.  While the Facilitator will take every possible measure to ensure safety of the Participants during the Retreat, the Facilitator cannot control every circumstance. The Participant is legally responsible for their safety and any belongings and agrees to, and will be held legally liable for the following statements:

 

I, the Participant, acknowledge and assume all potential risks to my health and well-being while participating in the Retreat. I release the Facilitator and affiliated parties from any liability for any loss of property, injury, or death that may occur during the Retreat, regardless of cause.

 

I further agree to indemnify and hold harmless the Facilitator and any third-party 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 Retreat. Under no circumstances will the Facilitator or their assigns be held liable for my injury or death or any loss or damage of my personal belongings, any hotel or travel incidentals, including any damages, resulting from my participation in Retreat. 

 

Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Retreat, 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 Facilitator verbally and in writing if I am at any time injured prior to, during, or after the Retreat in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that the Facilitator is not legally obligated to act on that information in any way or to providing any medical service whatsoever to me. 

 

14. MEDICAL & HEALTH CONDITIONS.  Participant must make the Facilitator aware at the time of booking any pre-existing medical conditions, allergies, or if Participant is taking any specific medication, if Participant does not make the Facilitator aware of these at the time of booking, the Company will not be held responsible for any health issues that arise from possible contraindications.

 

15. INTERNET ACCESS. Wireless Internet access, where available, is not guaranteed and is provided subject to third party providers’ terms and conditions. 

 

16. TRAVEL DOCUMENTATION & TRANSPORT. It is the Participant’s responsibility to ensure that they have all the relevant travel documentation, insurance, and they arrive at the airport on time. Not having the correct documents is solely the responsibility of the Participant. The Company can accept no responsibility for delay or cancellation of any flights, train, buses or other forms of transport. Participant is strongly encouraged to purchase travel insurance when booking transportation to the Retreat. 

 

17. LOSS OR DAMAGE. Participant acknowledges and agrees that Company shall not be responsible for loss or damage of personal possessions or valuables of the Participant, and that the safekeeping of any personal possessions or valuables of the Participant is solely the responsibility of the Participant.

 

18. FORCE MAJEURE. The Company shall not be held liable or responsible for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, epidemic or pandemic, quarantine, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services. In such circumstances, the Facilitator reserves the right to reschedule or modify the Retreat or offer a refund to the Participant at its discretion.

 

19. MODIFICATIONS TO RETREAT.  Facilitator has the right to make changes to details, including dates and/or location, both before and after the Retreat has been confirmed and/or cancel the confirmed Retreat. The Facilitator will endeavor to avoid changes and cancellations but reserves the right to do so. If the Facilitator must cancel, Participant will be informed as soon as possible, and Facilitator will reschedule for an agreed upon future date.

 

20. NON-DISPARAGEMENT. The Parties agree not to engage in any actions or communications, either publicly or privately, that disparage the other party. Neither the Participant nor any of their associates, employees, or affiliates will make any remarks or statements, in any form, that could reasonably be seen as derogatory, critical, or negative towards the Facilitator, Company, or any of its programs, affiliates, subsidiaries, employees, agents, or representatives.

 

21. DISPUTE RESOLUTION & GOVERNING LAW. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Brooklyn, New York or via teleconference. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, regardless of the conflict of laws principles thereof. 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 affect and shall in no way be affected, impaired, or invalidated.

 

22ENTIRE AGREEMENT. This Agreement is the complete and final agreement between the parties and replaces all prior agreements, whether written or verbal. No other representations or agreements are valid unless stated in writing and signed by both parties.

 

The parties have caused this Agreement to be signed by their duly authorized representatives as of the Effective Date.


 

COMPANY: 


 

 

 

Participant: 

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