Terms and Conditions
PlayFest RWC
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of a women’s retreat (including yoga, meditation, a hike, wine tasting, and workshops) organized by Emily Schickli and Mind Body Dharma, LLC, of 802 Curtis St., Menlo Park, California, 94303 and/or use of the property, facilities and services of Mind Body Dharma, LLC, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Emily Schickli and Mind Body Dharma, LLC, or the employees, representatives or agents of Mind Body Dharma, LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Emily Schickli and Mind Body Dharma, LLC for injury, loss or damage arising out of my or my family's use of the services of or presence upon the facilities in use by Mind Body Dharma, LLC, whether caused by the fault of myself, my family, Emily Schickli, Mind Body Dharma, LLC, or other third parties. If for any reason I excuse myself from the above described activity, I still assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Emily Schickli and Mind Body Dharma, LLC for injury, loss or damage.
3. INDEMNIFICATION. I agree to indemnify and defend Emily Schickli and Mind Body Dharma, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of the services of or presence upon the facilities in use and rented by Mind Body Dharma, LLC or the employees, representatives or agents of Mind Body Dharma, LLC.
4. FEES. I agree to pay for all damages to the facilities rented by Mind Body Dharma, LLC caused by any negligent, reckless, or willful actions by me or my family.
5. METHODS OF PAYMENT. If I have selected a payment plan, the card used will be automatically charged each month via Stripe until the total balance is complete. If an issue occurs, and the payment is not received by that time, Mind Body Dharma, LLC reserves the right to revoke the event ticket.
6. CONFIDENTIALITY. I agree to respect the privacy of myself, other attendees, the speakers, and Mind Body Dharma LLC representatives. I agree that anything that they share explicitly or implicitly or experience during the retreat is confidential and consider this a mutual non-disclosure agreement. Any Confidential Information shared by the attendees, speakers, or Mind Body Dharma, LLC 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. I agree not to use such confidential information in any manner other than in discussion with the other participants, speakers, or host before, after, and during the retreat. Confidential Information includes, but is not limited to, information disclosed at the retreat, personal experiences at the retreat, personal contact information, or other information in connection with this Agreement. Both Parties will keep Confidential Information in strictest confidence and shall use their best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. I agree not to violate the Company’s publicity or privacy rights. Furthermore, I will NOT reveal any information to a third party obtained in connection with this Agreement or Mind Body Dharma’s direct or indirect dealings with me including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Mind Body Dharma will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this ticket, I agree that if I violate, or display any likelihood of violating, any of the agreements contained in this paragraph, Mind Body Dharma will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
7. NO TRANSFER OF INTELLECTUAL PROPERTY. Mind Body Dharma, LLC, and the speakers' program materials are copyrighted and original materials that have been provided verbally or in another format are for my individual use only and are a single-user license. I agree that I am not authorized to use any of Mind Body Dharma or the speakers' intellectual property for business purposes. All intellectual property, including Mind Body Dharma, LLC or the speakers' copyrighted workshop, program and/or printed materials, shall remain the sole property of the Company. No license to sell or distribute Mind Body Dharma, LLC or speakers' materials is granted or implied. By purchasing this retreat ticket, I agree (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) I agree not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this service, I agree that if I violate, or display any likelihood of violating, any of these agreements contained in this paragraph, Mind Body Dharma LLC will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
8. ATTENDEE RESPONSIBILITY. PlayFest is developed for strictly educational purposes ONLY. I accept and agree that I am 100% responsible for my progress, results, and any decisions I make afterwards. Mind Body Dharma, LLC makes no representations, warranties or guarantees verbally or in writing. I understand that because of the nature of the program and extent, the results experienced by each attendee may significantly vary. There is no guarantee that I will reach my goals as a result of participation in the Retreat.
9. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
10. NO DURESS. I agree and acknowledge that I am under no pressure or duress to agree with this Agreement and that I have been given a reasonable opportunity to review it. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
11. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.
12. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
13. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
14. TERM. This release is applicable for all activities hosted by Mind Body Dharma, LLC from the time of acknowledging this release by purchasing this digital ticket until the end of time.
15. EVENT CONTINGENCY. I understand and acknowledge that the event is contingent upon a minimum number of ticket sales. In the event that the required number of tickets is not sold, Mind Body Dharma, LLC reserves the right to modify the event schedule, including but not limited to reducing the number of expert speakers and services offered. Should such a modification occur, participants will be notified, and I will be given the option to either accept the adjusted event schedule or request a full refund if I determine that the reduction in the event's value no longer meets my expectations. In the event I opt to request a refund, such refund will constitute my sole and exclusive remedy, and I agree to waive any further claims or actions against Emily Schickli, Mind Body Dharma, LLC, or its affiliates related to the modification of the event.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY PURCHASING THIS DIGITAL TICKET, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.