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Liability Form
Wild Woman Retreat
INSTALLMENT AGREEMENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY
("PROGRAM AGREEMENT")
In being permitted to participate in the Wild Woman Retreat- October 24-27th, 2024, presented by Windtuition Wellness Inc. & Alyssa Herrmann LLC, I, for myself and for my personal representatives, assigns, heirs, devisees, beneficiaries, trusts, assignees or other successors-in-interest:
1. ACKNOWLEDGE AND UNDERSTAND that the retreat is not medical treatment or therapy and is not intended to provide and does not constitute medical, mental health, legal, or other professional advice, diagnosis and/or treatment. The content presented at the retreat is designed to support, not replace, medical, psychological and/or psychiatric advice and treatment. I acknowledge and understand that Windtuition Wellness Inc. & Alyssa Herrmann LLC and its employees, contractors and representatives are not licensed therapists, psychiatrists, psychotherapists, doctors, or other medical, psychological and/or psychiatric professionals and agree to seek proper medical and/or therapeutic treatment as needed. Further, I understand that since Windtuition Wellness Inc. & Alyssa Herrmann LLC is not providing medical, mental health or any kind of healthcare services that my relationship with Windtuition Wellness Inc. & Alyssa Herrmann LLC is not protected under HIPAA (Health Insurance Portability and Accountability Act of 1996). I explicitly include any and all costs incurred by me for seeking such proper medical and/or therapeutic treatment with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.
2. ACKNOWLEDGE AND UNDERSTAND that attending the retreat may be an extremely difficult experience, both physically and emotionally. Attending the retreat will expose me to extreme, atypical, and/or unnatural circumstances and may lead to extreme physical, psychological, and emotional strains, pressures, and/or distress, both during and after the retreat, which may cause me, without limitation, anxiety, discomfort, embarrassment, anger, and/or shock. I acknowledge and understand that I am fully responsible for managing myself, my actions and my emotions in connection with the retreat and am solely responsible
3. ACKNOWLEDGE AND UNDERSTAND that I shall refrain from causing any and all forms of emotional or physical harm and/or violence, or threatening such harm and/or violence, to any other person or entity including, without limitation, any other participant, in connection with the retreat. If I do so, I acknowledge, understand, and agree that Windtuition Wellness Inc. & Alyssa Herrmann LLC needs to balance and preserve fairness while ensuring ultimate safety of the participants and shall have the right to exercise its sole discretion in evaluating such conduct and determining the nature of any required intervention including, but not limited to, asking me to leave the retreat without a refund. I explicitly include the consequences that I may suffer as a result of engaging in any of the conduct and of Windtuition Wellness Inc. & Alyssa Herrmann LLC intervention with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.
4. ACKNOWLEDGE AND UNDERSTAND that, in connection with the retreat, I may reveal and/or relate, and/or other parties (including, without limitation, other Program participants and/or parties affiliated with Windtuition Wellness Inc. & Alyssa Herrmann LLC) may reveal and/or relate, information about me of a personal, surprising, defamatory, disparaging, embarrassing or otherwise unfavorable nature of the type that may typically expose me to public ridicule, humiliation or condemnation, and may be considered a serious invasion of my privacy. I explicitly include any injuries or harm that I may suffer as a result of engaging in any of the above described conduct with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.
5. ACKNOWLEDGE AND UNDERSTAND that no party has made any representations or warranties to me about other participants in the retreat or any other person whom I may encounter in connection with the retreat, including by not limited to, the mental or physical health of any such person. If I choose to engage in consensual sexual behavior or intimate contact with any such person I do so voluntarily and knowingly and I assume any and all risks that by engaging in such activity I may contract certain sexually transmitted disease and/or infections, and/or (if I am a woman) of becoming pregnant. No representations or warranties have been made to me that any such person is free from sexually transmitted diseases or infections. I am cognizant of the risks and I shall behave in a manner consistent with good judgment and causation as I would in my daily life. I further acknowledge and understand that if I choose to enter into an intimate relationship of a romantic and/or sexual nature with any such person, I do so without any duress and assume any and all risks that may be associated with any such relationship, including but not limited to emotional, physical, or financial harms. I explicitly include any injuries or harm that I may suffer as a result of engaging in any of the above described conduct with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.
6. ACKNOWLEDGE AND UNDERSTAND, agree, and represent that I understand the nature of the activities to be undertaken at the retreat and that I am qualified, in good health, and in proper physical and mental condition to participate in such activities. I further agree and covenant that if at any time I believe that my participation in an activity at the retreat would put me or other participants at risk of harm, I will decline to participate in such activity, or if such activity has commenced, immediately discontinue further participation in such activity. If I participate in an activity, I do so voluntarily and knowingly and I expressly assume any and all risks of property damage, personal injury, and/or death to me or other participants arising from my participation in such activity.
7. THE INFORMATION PROVIDED IN THIS PRODUCT IS SOLD AND PROVIDED ON AN “AS IS” BASIS. WINDTUITION WELLNESS INC. & ALYSSA HERRMANN LLC DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN. THOSE RESULTS ARE YOUR RESPONSIBILITY AS THE END USER OF THE PRODUCT.
8. Hereby consent to receive medical treatment which may be deemed advisable in the event of any physical and/or emotional injury, accident and/or illness I may suffer during the retreat. I acknowledge and understand that no party has made any representations or warranties about the treatment that I may receive and I explicitly include any injuries or harm that I may suffer as a result of the treatment, including but not limited to as a result of inadequate and/or negligent
medical treatment, with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.
9. ACKNOWLEDGE AND UNDERSTAND and agree that at the retreat, video images, movies, photographs and audio recordings may be made by Windtuition Wellness Inc. & Alyssa Herrmann LLC and its representatives and employees. I hereby authorize my photo, video, voice or film likeness (with or without my name) to be used, without any compensation payable to me, for any non- commercial purpose in any and all non-commercial media by Windtuition Wellness Inc. & Alyssa Herrmann LLC or the RELEASES (defined below).
10. ACKNOWLEDGE AND UNDERSTAND that all video, audio and written materials purchased by or provided to me in connection with the retreat are protected by copyright laws and I agree not to use, disclose, copy or distribute any such materials to any third parties without the prior written consent of Windtuition Wellness Inc. & Alyssa Herrmann LLC.
13. Agree to NOT disclose, authorize disclosure, publish, post, circulate or otherwise disseminate any information learned, disclosed to or obtained by me, of any kind, relating directly or indirectly to retreat, Windtuition Wellness Inc. & Alyssa Herrmann LLC, participants, and/or my participation hereunder, as well as any person or entity connected thereto (“Confidential Information”). This means that I shall NOT make statements regarding Confidential Information to any individual or entity, including without limitation, any members of the press or media service, including but not limited to, television, magazine, newspaper, radio and Internet sites, such non-disclosure being of the essence of this Agreement. I also acknowledge that any disclosure of Confidential Information will constitute a material breach of this Agreement and will cause Windtuition Wellness Inc. & Alyssa Herrmann LLC irreparable injury entitling it to seek any and all remedies at law and equity, including but not limited to, injunctive relief, without posting any bond, punitive damages, and attorneys’ fees and costs.
14. ACKNOWLEDGE AND UNDERSTAND that my participation in the retreat is voluntary. I acknowledge and understand the scope, nature, and extent of the risks involved and expressly, voluntarily, and irrevocably assume any and all risks of loss and/or damage to property, illness, injury, and/or death arising from my travel to and attendance and participation in the retreat, whether or not contemplated in this Agreement and regardless of how it was caused.
15. ACKNOWLEDGE AND AGREE that any payment plan granted to you to pay over time by Windtuition Wellness Inc. & Alyssa Herrmann LLC is an Installment Agreement that will remain in effect until your balance is paid in full (including any fees or interest).
16. ACKNOWLEDGE AND AGREE that if you default on your Installment Agreement, you must pay a $1000 reinstatement fee to reinstate your good standing in the retreat. You agree that Windtuition Wellness Inc. & Alyssa Herrmann LLC has the authority to deduct this fee from any credit card or bank account on file.
17. ACKNOWLEDGE AND AGREE that if you default on your Installment Agreement or violate any of the terms of this agreement or the terms of Participation and Windtuition Wellness Inc. & Alyssa Herrmann LLC removes access to the retreat and related materials, portals, events or trainings, that you still owe, in full, the outstanding amount for the retreat and that Windtuition Wellness Inc. & Alyssa Herrmann LLC is not required to reinstate your account in good standing until you have ceased any violations or defaults. If you choose not to cease any violations or do not return your account from default, you are still required to pay your remaining balance in full (with any and all fees and interest).
18. ACKNOWLEDGE AND AGREE that you will not block Windtuition Wellness Inc. & Alyssa Herrmann LLC or Windtuition Wellness Merchant Processor from charging your credit card for payments due. You also agree and acknowledge that you will not block Windtuition Wellness Inc. & Alyssa Herrmann LLC or Windtuition Wellness from any ACH or bank account access to process approved payments.
19. ACKNOWLEDGE AND AGREE that you will promptly notify Windtuition Wellness Inc. & Alyssa Herrmann LLC of any change to your billing address, credit card or banking information at least five (5) business days prior to your payment due date. Installment Agreement payments over 5 days late is a default of your agreement.
20. ACKNOWLEDGE AND AGREE that charging back payments (for any reason) for the retreat or the Installment Agreement payments with your credit card company or bank is considered a default of your agreement.
21. AGREE AND ACKNOWLEDGE that if Windtuition Wellness Inc. & Alyssa Herrmann LLC or Windtuition Wellness cannot, for any reason, charge the full amount of your Installment Agreement payment, that Windtuition Wellness Inc. & Alyssa Herrmann LLC or Windtuition Wellness may, in its sole discretion, charge multiple lower amounts to your credit card, bank account or any other form of payment Windtuition Wellness Inc. & Alyssa Herrmann LLC or Windtuition Wellness has on file until the Installment Agreement amount is paid in full.
22. AGREE AND ACKNOWLEDGE for the purposes of this Agreement, a 'fiduciary' is defined as a person or entity with a legal and/or ethical obligation to act in the best interests of another party, characterized by duties of trust, confidence, and loyalty, including but not limited to duties to act in the beneficiary's best interest, prioritize the beneficiary's interests, avoid conflicts of interest, maintain confidentiality, exercise due care, and provide full disclosure of material facts. This typically includes the responsibility to manage financial affairs, make financial decisions, or provide financial advice in the best interest of the beneficiary, often with a higher standard of care than in ordinary business relationships. You explicitly ACKNOWLEDGES, UNDERSTANDS, and AGREES that Windtuition Wellness Inc. & Alyssa Herrmann LLC is not a fiduciary and owes no fiduciary duties whatsoever to you, as defined herein, including any special duties related to financial management, financial decision-making, or financial advice. You affirm that you have read and fully comprehend this definition of 'fiduciary'. You agree and understand that Windtuition Wellness Inc. & Alyssa Herrmann LLC is not a fiduciary and owes no fiduciary duties whatsoever to you. You affirm that you have read and fully comprehend the definition of 'fiduciary' provided herein. You DECLARE and CONFIRM that: Windtuition Wellness Inc. & Alyssa Herrmann LLC sole obligations to you are strictly and exclusively limited to those expressly stated in this
Agreement; no fiduciary relationship, whether express or implied, is created by this Agreement or any interactions between Windtuition Wellness Inc. & Alyssa Herrmann LLC and you; Windtuition Wellness Inc. & Alyssa Herrmann LLC has no duty to act in your best interests beyond the specific commitments outlined in this Agreement; Windtuition Wellness Inc. & Alyssa Herrmann LLC has no obligation to prioritize your interests above its own or those of other clients; Windtuition Wellness Inc. & Alyssa Herrmann LLC owes no special duties of loyalty, care, confidentiality, or disclosure to you beyond those explicitly stated herein. You expressly, knowingly, and voluntarily WAIVE and RELINQUISH any and all claims, arguments, or assertions, now or in the future, that: a fiduciary relationship exists or ever existed between Windtuition Wellness Inc. & Alyssa Herrmann LLC and you; Windtuition Wellness Inc. & Alyssa Herrmann LLC owes or owed any fiduciary duties to you; Windtuition Wellness Inc. & Alyssa Herrmann LLC has any obligations to you beyond those explicitly stated in this Agreement. You AGREE that in any dispute, legal proceeding, or other context, this clause shall serve as conclusive and irrefutable evidence of the non-fiduciary nature of the relationship between Windtuition Wellness Inc. & Alyssa Herrmann LLC and you. You AFFIRM that they have been advised to seek independent legal counsel regarding the implications of this non-fiduciary relationship and have either done so or voluntarily declined to do so. You enter into this Agreement with full understanding of its implications. This non-fiduciary clause shall survive the termination of this Agreement and continue in full force and effect.
27. AGREE AND ACKNOWLEDGE that Windtuition Wellness Inc. & Alyssa Herrmann LLC does not provide financial, investment, legal, or tax advice under any circumstances. Client agrees that any financial discussions are purely informational and do not constitute advice. Client assumes full responsibility for all financial decisions and agrees to hold Windtuition Wellness Inc. & Alyssa Herrmann LLC harmless for any financial outcomes.
28. AGREE AND ACKNOWLEDGE all third-party referrals or introductions by Windtuition Wellness Inc. & Alyssa Herrmann LLC are provided as-is, without any warranty or guarantee whatsoever. Windtuition Wellness Inc. & Alyssa Herrmann LLC bears no responsibility for any actions, advice, services, or outcomes resulting from such referrals. You acknowledge that there is no guarantee of any positive outcome from these referrals and that all risk associated with engaging with these third parties lies
solely with you. You understand and accept that you may be harmed, damaged, or negatively impacted in various ways, including but not limited to financially, emotionally, or professionally, as a result of these interactions. You expressly release Windtuition Wellness Inc. & Alyssa Herrmann LLC from any and all liability related to these referrals and subsequent interactions. You agree to indemnify and hold Windtuition Wellness Inc. & Alyssa Herrmann LLC harmless from any claims arising from third-party interactions.
29. AGREE AND ACKNOWLEDGE that you agree not to make, publish, or communicate to any person or entity or in any public forum any defamatory, libelous, disparaging, or false remarks, comments, or statements concerning Windtuition Wellness Inc. & Alyssa Herrmann LLC, its founders, employees, contractors, affiliates, consultants, clients, business partners, or any other individuals or entities associated with Windtuition Wellness Inc. & Alyssa Herrmann LLC. This prohibition extends to any of Windtuition Wellness Inc. & Alyssa Herrmann LLC Parties' products, services, methodologies, policies, practices, or business operations. This clause covers all forms of communication, including but not limited to written, oral, electronic, and social media posts, as well as statements made on review sites or other public forums. You acknowledge that any such defamatory, libelous, or disparaging remarks may cause irreparable harm to the reputation and business relationships of Windtuition Wellness Inc. & Alyssa Herrmann LLC. In the event of a breach of this clause, Windtuition Wellness Inc. & Alyssa Herrmann LLC and/or the affected Windtuition Wellness Inc. & Alyssa Herrmann LLC parties shall be entitled to seek all available legal and equitable remedies, including but not limited to injunctive relief and monetary damages. This clause does not prohibit you from providing truthful information in response to a valid subpoena or legal process, or from making statements that are protected by applicable law. You agree that this non-disparagement obligation shall survive the termination of this Agreement indefinitely.
30. AGREE AND ACKNOWLEDGE that Windtuition Wellness Inc. & Alyssa Herrmann LLC, at its sole discretion, reserves the right to alert appropriate authorities, including but not limited to law enforcement, medical professionals, or mental health services, if Windtuition Wellness Inc. & Alyssa Herrmann LLC reasonably believes that you behavior, circumstances, actions, or statements pose a risk to themselves, to others, or violate any applicable laws. This right extends to situations occurring during or related to the Program, or arising from interactions or information disclosed to Windtuition Wellness Inc. & Alyssa Herrmann LLC or with any Windtuition Wellness Inc. & Alyssa Herrmann LLC Parties. Windtuition Wellness Inc. & Alyssa Herrmann LLC decision to alert authorities shall be made in good faith based on the information available at the time. You agree that Windtuition Wellness Inc. & Alyssa Herrmann LLC shall not be held liable for any consequences resulting from such notifications, including any legal, professional, personal, or reputational impacts to you. You expressly waive any claim against Windtuition Wellness Inc. & Alyssa Herrmann LLC related to such notifications, including but not limited to claims of defamation, invasion of privacy, or breach of confidentiality. This waiver extends to any actions taken by authorities in response to Windtuition Wellness Inc. & Alyssa Herrmann LLC notification.
31. ACKNOWLEDGE AND AGREE that as a participant you are required to procure and maintain travel insurance that covers trip cancellations, interruptions, delays, and any other travel-related expenses. Understand and agree that no refunds will be issued for any reason, including but not limited to personal emergencies, illness, travel disruptions, or dissatisfaction with the retreat. By signing this agreement, you expressly waive any rights to dispute or request a refund, chargeback, or reimbursement from Windtuition Wellness Inc. & Alyssa Herrmann LLC for any fees or costs associated with the retreat.
32. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEREBY UNCONDITIONALLY AND IRREVOCABLY FOREVER RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Windtuition Wellness Inc. & Alyssa Herrmann LLC, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, HOSTS (INCLUDING THE OWNERS AND LESSORS OF THE PREMISES ON WHICH THE RETREAT TAKES PLACE), SPONSORS, PROMOTERS, ADVERTISERS, ALL PARTICIPANTS IN THE SEMINAR, AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES AND AGENTS OF ANY KIND, AND THE RESPECTIVE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING (EACH A "RELEASEE" AND COLLECTIVELY, THE "RELEASES"), FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, ATTORNEYS’ FEES, COSTS AND EXPENSES OF ANY KIND, ARISING OUT OF, RESULTING FROM, OR BY REASON OF, ANY TORT, CONTRACT, AND/OR STATUTORY CAUSE OF ACTION OF ANY KIND WHATSOEVER WHICH I NOW HAVE OR LATER MAY HAVE (WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN) AGAINST THE RELEASES IN ANY WAY RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH
MY PREPARATION FOR, TRAVEL TO, ATTENDANCE IN AND/OR PARTICIPATION IN THE RETREAT, OCCURRING BEFORE, DURING, OR AFTER MY ACTUAL PARTICIPATION IN THE RETREAT, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ANY INJURY, ILLNESS, DAMAGE, LOSS, OR HARM TO ME OR MY PROPERTY, OR MY DEATH. THE RELEASED CLAIMS SHALL INCLUDE, WITHOUT LIMITATION, THOSE BASED ON NEGLIGENCE OR GROSS NEGLIGENCE, WRONGFUL DEATH, PERSONAL INJURY, INFLICTION OF EMOTIONAL DISTRESS (BOTH NEGLIGENT AND INTENTIONAL), PRODUCTS LIABILITY, BREACH OF CONTRACT, FRAUD, FRAUDULENT INDUCEMENT, FRAUDULENT CONCEALMENT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWED UNDER APPLICABLE LAWS, LIBEL, SLANDER, DEFAMATION, STATUTORY AND COMMON LAW INVASION OF PRIVACY, INTRUSION UPON SECLUSION OR SOLITUDE OR INTO PRIVATE AFFAIRS, PUBLIC DISCLOSURE OF PRIVATE FACTS, FALSE LIGHT, VIOLATION OF THE RIGHT OF PUBLICITY OR PERSONALITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, AND/OR LOSS OF EARNINGS OR POTENTIAL EARNINGS, WHETHER CAUSED BY ANY OF THE RELEASEES OR ANY OF THE OTHER PARTICIPANTS IN THE RETREAT OR OTHER THIRD PARTIES.. THE RELEASE EXTENDS TO ANY AND ALL CLAIMS I HAVE OR LATER MAY HAVE AGAINST THE RELEASES INCLUDING, BUT NOT LIMITED TO, CLAIMS RESULTING FROM OR ARISING OUT OF (I) THE RELEASEES’ ACTS OR OMISSIONS IN CONNECTION WITH THE RETREAT (WHETHER BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE RETREAT); (II) THE CONDITIONS, QUALIFICATIONS, INSTRUCTIONS, RULES OR PROCEDURES UNDER WHICH THE RETREAT IS CONDUCTED; (III) ANY MEDICAL TREATMENT RECEIVED; AND/OR (IV) ANY OTHER CAUSE. THIS AGREEMENT SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
33. HEREBY AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASES FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) OF ANY NATURE WHATSOEVER, BY WHOMEVER ASSERTED, WHICH THEY MAY INCUR OR SUFFER ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO (A) ANY BREACH OR ALLEGED BREACH OF ANY AGREEMENT, COVENANT, REPRESENTATION, WARRANTY MADE BY ME IN THIS AGREEMENT OR (B) MY TRAVEL IN CONNECTION WITH, AND PREPARATION FOR, ATTENDANCE AND PARTICIPATION IN THE RETREAT OR THE ACTIVITIES ASSOCIATED WITH THE RETREAT, WHETHER OCCURRING BEFORE, DURING
OR AFTER MY ACTUAL PARTICIPATION IN THE RETREAT, INCLUDING, WITHOUT LIMITATION, ANY INJURY, ILLNESS, DAMAGE, LOSS, HARM OR DEATH I OR ANY THIRD PARTIES MAY SUFFER THEREFROM AND ANY STATEMENT, ACTION OR OMISSION OF MINE DURING OR IN CONNECTION WITH THE RETREAT OR RESULTING DIRECTLY OR INDIRECTLY FROM THE RETREAT (WHETHER BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE RETREAT).
34. ACKNOWLEDGE AND UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASEES WILL NOT BE LIABLE TO ME OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF THE RELEASES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, I ACKNOWLEDGE AND UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE RELEASEES’ TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE RETREAT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED MY COST OF ADMISSION TO THE RETREAT. I ACKNOWLEDGE AND UNDERSTAND THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND MY PARTICIPATION IN THE RETREAT. IN THE EVENT THAT ANY LITIGATION OR ARBITRATION IS BROUGHT BY ME OR THE RELEASEES, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY ALL THE REASONABLE COSTS, ATTORNEYS’ FEES AND OTHER EXPENSES INCURRED BY SUCH PREVAILING PARTY IN THE LITIGATION OR ARBITRATION.
35. ACKNOWLEDGE AND UNDERSTAND THAT THERE IS A POSSIBILITY THAT SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, I WILL DISCOVER FACTS OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN OR UNSUSPECTED AT THE TIME THIS AGREEMENT WAS EXECUTED, AND WHICH IF KNOWN BY ME AT THAT TIME MAY HAVE
MATERIALLY AFFECTED MY DECISION TO EXECUTE THIS AGREEMENT. I ACKNOWLEDGE AND AGREE THAT BY REASON OF THIS AGREEMENT, AND THE RELEASE CONTAINED IN THE PRECEDING PARAGRAPHS, I AM ASSUMING ANY RISK OF THE EXISTENCE OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS. I HAVE BEEN ADVISED OF THE EXISTENCE OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE THVIE OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
NOTWITHSTANDING SUCH PROVISIONS, THIS RELEASE SHALL CONSTITUTE A FULL RELEASE IN ACCORDANCE WITH ITS TERMS. I KNOWINGLY AND VOLUNTARILY WAIVE THE PROVISIONS OF SECTION 1542, AS WELL AS ANY OTHER STATUTE, LAW, OR RULE OF SIMILAR EFFECT OF ANY JURISDICTION THROUGHOUT THE WORLD, AND ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS RELEASE. IT IS INTENDED, UNDERSTOOD AND AGREED THAT THE RELEASE SET FORTH HEREIN CONSTITUTES RELEASE BY MYSELF OF ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, REGARDING OR RELATING TO THE SERIES. I HEREBY REPRESENT THAT I HAVE BEEN ADVISED BY MY LEGAL COUNSEL (OR, IN the ALTERNATIVE, HAVE HAD OPPORTUNITY TO BE ADVISED BY MY LEGAL COUNSEL, AND HAVE CHOSEN NOT TO CONSULT SUCH COUNSEL), UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND CONSEQUENCE OF THIS RELEASE AND OF THIS WAIVER OF SECTION 1542 AND OTHER SUCH LAWS.
36. ACKNOWLEDGE AND UNDERSTAND THAT IF I INSTITUTE OR ANYONE ON MY BEHALF INSTITUTES, ANY SUIT OR ACTION AT LAW OR ANY CLAIM FOR DAMAGES OR CAUSE OF ACTION AGAINST ANY OF THE RELEASES BECAUSE OF INJURY TO MY PERSON OR PROPERTY, OR MY DEATH, DUE TO THE ACTIVITIES COVERED BY THIS AGREEMENT, THIS AGREEMENT CAN AND WILL BE USED IN COURT AS CONCLUSIVE EVIDENCE OF MY FULL INFORMED “COVENANT NOT TO SUE” RELEASES, AND IT IS MY FULL INTENT AND DESIRE THAT THIS WAIVER BE GIVEN FULL FORCE AND EFFECT TO PREVENT ANY LITIGATION BROUGHT BY MY ESTATE, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS WHO MAY ATTEMPT TO BRING SUIT AGAINST THE RELEASES. I HAVE FREELY RELINQUISHED MY RIGHT TO SUE AND THUS MY SUCCESSORS, HEIRS AND ASSIGNS SHALL BE EQUALLY BOUND IN LAW AND EQUITY BY THIS
COVENANT NOT TO SUE. IT IS MY UNDERSTANDING AND INTENT THAT THIS AGREEMENT WILL BE BINDING NOT ONLY ON MYSELF, BUT WILL ALSO BE BINDING ON ALL OTHER PERSONS OR ENTITIES INCLUDING MY ESTATE, EXECUTORS, HEIRS, PERSONAL REPRESENTATIVES, ADMINISTRATORS OR OTHER SUCCESSORS AND ASSIGNS WHO MAY INITIATE ANY SUIT, ACTION, CLAIM OR OTHER PROCEEDING ARISING OUT OF MY PARTICIPATION IN ANY AND ALL ACTIVITIES, HOWEVER SUCH INJURIES, DAMAGES OR LOSSES ARE CAUSED.
37. ACKNOWLEDGE AND UNDERSTAND that the governing law & forum of this Agreement shall be construed under, governed by, and enforced in accordance with the federal and state laws applicable in the State of California, without regard to choice-of-law rules and regardless of the places of its execution or performance. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of this Agreement, shall be determined exclusively by binding arbitration under the Expedited Arbitration rules of the American Arbitration Association. The Parties waive all rights to a trial (by judge or jury). The binding arbitration shall be confidential and administered in Los Angeles, California, under the California Code of Civil Procedure sections 1280 et. seq. Binding arbitration shall occur digitally and/or within the Los Angeles metropolitan area as mutually agreed upon by the Parties. The parties agree not to contest personal jurisdiction or venue in connection with any such proceeding. Disputes may only be resolved on an individual basis, and the parties may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. The arbitrator may not consolidate more than one party’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Class Action Waiver Provision will be unenforceable and the dispute will be decided by a court. Judgment on any award issued in arbitration may be entered in any court having jurisdiction. The prevailing party in any such proceeding shall be entitled to its reasonable attorneys’ fees. This clause shall not preclude any Party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties agree that if any party (the Filing Party) files a claim, suit or other motion against the other party (the Non-filing Party) in a court of law or any other forum other than binding arbitration under the AAA as outlined in this section regarding
this Agreement that it shall be deemed an immediate bad faith breach of contract (the Filing Breach) and not subject to Paragraph Q below. The Filing Party agrees to pay 200% of the reasonable attorney fees incurred by the Non-filing Party related to a Filing Breach. The Filing Party agrees to immediately dismiss and expunge any case related to the Filing Breach. The Filing Party agrees to pay all arbitration initiation fees.The parties agree email notification will not serve as a proper form of legal serving and emailing a party shall not consider a party “served” by any legal documents
38. ACKNOWLEDGE AND UNDERSTAND that this document constitutes the entire agreement and understanding between the parties concerning the subject matter hereof, and supersedes all prior or contemporaneous communications, whether electronic, oral, or written between the parties, and cannot be changed or terminated except by a written instrument signed by the parties hereto.
39. RENEWAL AND EXTENSION OF AGREEMENT TERMS: Any renewal of this agreement will be bound by the same terms and conditions outlined herein for as long as the parties continue to work together. In the event that the parties cease working together, if additional coaching is provided within one year from the end date of this agreement, it shall still be subject to the terms contained in this agreement. However, if the parties resume working together after more than one year has passed since the end of this agreement, a new agreement shall be entered into at that time. No new agreement needs to be signed until one year has passed from the end of this agreement without the parties working together.
40. FORCE MAJEURE: ACKNOWLEDGE AND AGREE that Windtuition Wellness Inc. & Alyssa Herrmann LLC shall not be held liable or responsible, nor be deemed to have defaulted or breached this agreement, for any failure or delay in fulfilling or performing any term of this agreement when and to the extent such failure or delay arises from causes beyond Windtuition Wellness Inc. & Alyssa Herrmann LLC reasonable control. Such causes may include, but are not limited to:
● Natural Disasters: Including but not limited to floods, earthquakes, hurricanes, tornadoes, wildfires, or other acts of nature.
● War & Acts of Terrorism: Civil war, insurrection, invasion, armed conflict, terrorist threats or actions, riots, or other civil disturbances.
● Governmental Actions: Embargoes, trade sanctions, restrictions, or other state interventions.
● Health Crises: Pandemics, epidemics, widespread health crises, or outbreaks of disease affecting operations.
● Principal Health or Personal Issues: Illness, accident, or death of key members, or principals of Windtuition Wellness Inc. & Alyssa Herrmann LLC.
● Financial Hardships: Bankruptcy, insolvency, or other significant financial challenges.
● Utility Failures: Blackouts, disruptions in telephone or internet service, or other infrastructure failures.
● Strikes or Labor Disputes: Any form of industrial action or labor unrest such as protests, strikes, or lockouts.
● Technological Challenges: Cyberattacks, data breaches, hardware failures, software malfunctions, or other technological impediments.
● Legal Restrictions: New laws, regulations, or ordinances that impede the ability of Windtuition Wellness Inc. & Alyssa Herrmann LLC to deliver its services.
● Supply Chain Disruptions: Interruptions or failures in the supply chain that affect the delivery of materials or services.
● Unforeseen External Factors: Events or circumstances that are unpredictable and beyond the control of Windtuition Wellness Inc. & Alyssa Herrmann LLC, which make it impracticable, illegal, or impossible to fulfill its obligations.
● International Travel Challenges: Difficulties arising from travel to foreign countries, including unexpected changes in local laws, rules, customs, or political conditions that might impede operations.
Upon the occurrence of a Force Majeure event, Windtuition Wellness Inc. & Alyssa Herrmann LLC shall promptly notify the participant of the nature and anticipated duration of the event, detailing the steps being taken to mitigate its effects. Windtuition Wellness Inc. & Alyssa Herrmann LLC will use diligent efforts to end the failure or delay and ensure the effects of the Force Majeure event are minimized. No refunds shall be issued for any reason related to a Force Majeure event, and participants are strongly encouraged to obtain travel insurance to cover such unforeseen events.
TERMS OF PARTICIPATION
We are committed to providing all participants with a positive experience. Thus, to fully experience and gain the most benefit from our retreats, you agree:
Windtuition Wellness Inc. & Alyssa Herrmann LLCs may, at its sole discretion, limit, suspend, or terminate your participation in any of its retreats, live, recorded, virtual, artificial intelligence, applications, social media-based or digital without refund or forgiveness of remaining payments if:
-you become disruptive or difficult to work with;
-you fail to follow the program guidelines; or,
-you impair the participation of our instructors or participants in our retreat(s).
Privacy & Confidentiality:
We respect your privacy and must insist that you respect the privacy of fellow retreat participants.
We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company.
Thus, you agree:
● not to infringe any retreat participants or the Company's copyright, patent, trademark, trade secret or other intellectual property rights;
● that any Confidential Information shared by retreat participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;
● not to disclose such information to any other person or use it in any manner other than in discussion with other retreat participants during retreat;
● that all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
● the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
● that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other retreat participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
While you are free to discuss your personal results from our retreats and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.
You further agree to execute the Installment Agreement, Release And Waiver Of Liability, Assumption Of Risk, and Indemnity, annexed hereto.
Content:
● Retreat education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, medical, therapy or counseling tailored to any individual.
● All materials, procedures, policies, and standards, all manuals, all teaching aids, and the like that have been or will be made available by Windtuition Wellness Inc. & Alyssa Herrmann LLC or their designated facilitators, coaches, team, contractors, vendors, affiliates or any other source, oral or written, are for personal use in or in conjunction with this training program only.
● Retreat content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Windtuition Wellness Inc. & Alyssa Herrmann LLC.
● The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
● We assume no responsibility for errors or omissions that may appear in any retreat materials.
Financial Covenant & Promise To Pay:
● You promise to keep your payments current and on time.
● You promise to keep your payments current and on time, whether or not you choose to participate.
● You promise to notify Windtuition Wellness Inc. & Alyssa Herrmann LLC immediately if you change
your credit card, ACH and/or billing address, email address or contact details.
● You promise to stay current on payments for all other products, programs, retreats,
etc that you are enrolled in with Windtuition Wellness Inc. & Alyssa Herrmann LLC.
Terms of Sale:
● You hereby ratify your understanding that all program sales at the retreat are non-refundable and waive any rights to chargeback your purchase with your credit card processor and that any chargeback is considered a default of this Agreement.
● You agree that Windtuition Wellness Inc. & Alyssa Herrmann LLC is not responsible for accommodations, meals, travel or other travel related expenses associated with events, retreats, Seminars, etc that are outside of our current event and that these charges are your sole responsibility.
● You agree to pay the Amount Due no later than the Payment Due Date shown on your statement to avoid a late payment fee. You agree that Installment Agreement
payments over 5 days late represent a default of this agreement.
● You agree that being under the influence of drugs or drunk on alcohol during the
retreat(s) is a violation of our terms and is considered a default of this agreement. Prescription medication prescribed by a doctor is not considered default.
● You agree that any difference of views, opinions and/or belief between you, Windtuition Wellness Inc. & Alyssa Herrmann LLC, or you and any other member of the retreat or any other person/entity does not constitute grounds for a refund whatsoever. This includes but is not limited to political, racial, social, religious, spiritual, financial, ethical or other differences of views, opinions and/or belief.
● You acknowledge that Windtuition Wellness Inc. & Alyssa Herrmann LLC has a no-quit policy and that your payments are due in full for the retreat, whether or not you choose to participate.
● You acknowledge that you are free to not participate in the program, however, you agree not to cancel your payments, chargeback, dispute or go delinquent in your payments, dues or membership fees that are due to Windtuition Wellness Inc. & Alyssa Herrmann LLC.
● You agree to pay all reasonable costs, including attorneys' fees, that Windtuition Wellness Inc. & Alyssa Herrmann LLC incurs to collect amounts you owe.
● You agree that Windtuition Wellness Inc. & Alyssa Herrmann LLC, at its sole discretion, may charge any credit card, ACH or other payment methods on file in the event that your account turns delinquent.
● You agree that a 10% late fee per month will be added to any past due amounts greater than 30 days.
● You agree that Windtuition Wellness Inc. & Alyssa Herrmann LLC can, at its sole discretion, suspend access to the retreat and it’s channels, both physical and digital, at the time of your account going delinquent and that even though your account is suspended, your membership fees and dues are due upon request and that you will take swift action to bring your account out of delinquent status. If Windtuition Wellness Inc. & Alyssa Herrmann LLC takes any of these actions to suspend your account, you must still pay Windtuition Wellness Inc. & Alyssa Herrmann LLC for all charges, fees and membership dues due under the terms of this Agreement
● You agree that all payments, details, coordination of travel and/or accommodations to/from and at events are your responsibility and disruptions of travel, delays, and/or cancellations for any reason are not grounds for a refund. You agree to procure travel insurance or waive your right to do so.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND
AGREE THAT If ANY PROVISION OF THIS AGREEMENT SHALL BE DETERMINED TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THIS AGREEMENT SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT AND ENFORCEABLE.