Thank you for taking the first step to healing!
I excited at the opportunity to having you join us at our retreat.
Our goal is to assist in any way we can through our individual and group conversations to help you set and achieve goals, overcome challenges and DO MORE. Our advice and suggestions are designed to help you think differently. It’s simple. Do things differently and get different results.
We are going to accomplish some amazing things together.
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By joining us, you hereby agree to the following terms and conditions:
BY JOINING US ON OUR RETREAT, YOU (HEREIN REFERRED TO AS “PARTICIPANT” or “GUEST”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.
Program/Service
The “Hope to Recharge Retreat” and/or “Matana Jacobs” and/or “Miri Grunhaus” (both herein referred to as the “Host”) agrees to provide lodging, food, beverages and private and group session events and activities at a private, confidential and discreet event (herein referred to as “The Program”). Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Disclaimer
Guest understands and acknowledges that neither the Company, their affiliates, nor any of their respective employees, agents, third parties, or licensors are not medical health professionals and are not qualified or licensed to offer professional medical advice, nor are any assertions made, either suggested, implicit or otherwise, that the Company can diagnose, treat, cure or prevent and disease or diagnosis and have not been retained in any legal, formal or informally bound doctor/patient relationship. Any advice or suggestions given at any point, should be reviewed prior to implementation with a medically qualified and licensed health professional.
Guest acknowledges that neither the Company, their affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from these Events as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Events.
Guest understands that the Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any individuals mental health improvement, social or mental performance, or any results of any kind. Guest agrees that their results are dependent on various factors including but not limited to, mindset, seeking the guidance of a medically qualified professional, knowledge, ability, dedication and/or professionally dispensed medication by a qualified and licensed medical health professional, and in no way dependent on any information the Company or any fellow members, guests, or others who may provide information to Guest, in any forum, social gathering, or by any video or telephone conversation, live or recorded.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that the Company is not responsible for any loss, property damage, death, illness or bodily injury, caused by your attendance in this membership or by having taken advice or suggestions which may be given from time to time or in your transportation to or from the event. To the maximum extent permissible under applicable law, the Company will not be responsible to the Guest or any third party claims through the Guestfor any direct, indirect, special or consequential, economic or other damages arising in any way out of your purchase, participation or attendance at the Events.
Guest understands that a permanent coaching and/or consulting relationship does not exist between the parties after the conclusion of the event Com pany may terminate services at any time, using its own discretion.
Program Structure
The event will be both guided and unguided and allow for sharing amongst the participants. Events, activities and workshops described are tentative, subject to programming and may or may not take place or be as described.
Length
The event shall run a several days length and details of the location, event dates and cost shall be provided.
Price
Pricing is as shown on the website, and is subject to change, without advance notice.
Method of Payment
Guest shall pay through a Website payment portal via American Express, Discover, MasterCard or Visa, with payment to be processed through either PayPal, Stripe or other method, as invoiced. Event payments must be made in full prior to the event.
Refund Policy & Cancellations
No refunds or portions thereof shall be issued for purchased reservations. All sales are final. A full refund will be issued if the company cancels the event or the reservation of any particular guest not found to be suitable for this event.
Confidentiality
The Company respects the Guest’s privacy and insists that the Guest respects the Organizer’s and the other Event Guests. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by the Company, any representative of the Company, or the Guest are confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, from the forum or otherwise.
Guest agrees not to use such confidential information in any manner other than in discussion with the Company. 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.
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, Guest agrees that if they violate or display any likelihood of violating this section the Company and/or the other Guest will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Non-Disclosure of Materials
Materials, content, ideas and information given to the Guest in the course of the event is proprietary and developed solely and specifically by the Company. Any original materials that may be provided to the Guest are for the Guest’s individual use only and a single-user license. Guest agrees that such proprietary material is solely for Guest’s own personal use. Any disclosure, reproduction and sale by the Guest to a third party is strictly prohibited.
No Transfer of Intellectual Property
All intellectual property, including Organizer’s sessions, method, ideas and or suggestions and/or program materials, shall remain the solely and exclusively the property of the Company. No license to sell, reproduce or distribute Organizer’s materials is granted or implied. Guest agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of the Company or Participants.
Further, the Guest agrees that if the Guest violates, or displays any likelihood of violating, any of the agreements contained in this paragraph, the Company and/or Participants will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Guest Responsibility
The Events are developed for strictly educational and informational purposes. Guest accepts and agrees that Guest is one fully responsible for their progress and results from the event . The Company makes no representations, warranties or guarantees verbally or in writing. Guest understands that because of the nature and extent of the sessions, the results experienced by each Guest may significantly vary. Guest acknowledges that as with any endeavor, there is an inherent risk of loss and there is no guarantee that Guest will reach their goals as a result of participation in the Events.
Guest Behavior
Guest hereby agrees to maintain a standard of behavior that is one fitting a normal social structure. Guest agrees to keeping and abiding by the Program goals and objectives, committed to the process of healing and have taken concrete steps, such as therapy, healing, improved mindset to make positive changes to their current state. These individuals should be givers, growth oriented people that are willing to share their story to the company and reveal some of their personal journey to yield the best results.
Individuals should be seeking hope for a better tomorrow, and a belief in achieving this, gratefulness, practice gratitude or a willingness to practice gratitude, an open mind to trying things not previously done, and believe that they deserve to heal and are willing to gift themselves this experience.
Guest should be prepared to come with their mental health “workout clothes” and excited to implement new ideas discussed in each session
The event is not in place of a mental health professional, and not for people just looking to talk about whats NOT working without having an open mindset to improve their mental health.
Any breach of these standards is grounds for terminating of any future session and any decisions of compliance or noncompliance lay in the sole discretion of the Company.
Film/Recording Release
The company shall not record or film any session without informing the Guest and without the Guest’s full approval to do so.
Guest hereby waive all rights, release, and discharge the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the Guest’s attendance.
Independent Contractor Status
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In these Events no such persons shall be deemed employees of the other party by virtue of participation or performance hereunder.
Force Majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, 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 the Company to perform their obligations under this Agreement, the Organizer’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Severability/Waiver
If any provision of this Agreement is held by to be invalid, illegal or unenforceable, the remaining provisions shall nevertheless be unaffected and continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
Miscellaneous
A) Limitation Of Liability. Guest agrees they attend the Program at their own risk and that Events are only educational services being provided. Guest releases the Company, it’s employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, Participants, and related entities in any way as well as the venue where the Events are being held, and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your participation in the Events. Guest accepts any and all risks, foreseeable or unforeseeable, including travel to and from the event.
Guest agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Organizer’s services, guidance or suggestions. The Company assumes no responsibility for errors or omissions that may appear in any of the session materials or conversations.
Guest further declares and represents that no promise, inducement or agreement not herein expressed has been made to Guest to enter into this release. The release made pursuant to this paragraph shall bind Guest’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. This Agreement may not be assigned by the Guest, without express written consent of the Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Termination. The Company is committed to providing all Guests a positive experience. By accepting below, Guest agrees that the Company may, at their sole discretion, terminate this Agreement, and limit, suspend, or terminate Guest’s participation in the Events without refund or forgiveness of payments if the Guest becomes disruptive to the Company or Participants, difficult to work with, behaves in a manner unfitting to the session standards and/or goals or upon violation of these terms.
E) Indemnification. Guest shall defend, indemnify, and hold harmless the Company, their employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of any session, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by the Company, or any of its shareholders, trustees, affiliates or successors. Guest shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Guest recognizes and agrees that all of the Organizer’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
F) Resolution of Disputes. 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. All claims against the Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Guest , Guest is responsible for any and all arbitration and attorney fees.
G) Equitable Relief. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of five (5) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: contact@hopetorecharge.com. The Company shall deliver notice to Guest’s email address provided to the Company through registration.
I) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America.
K) Marketing. Guest hereby agrees and understands that from time to time, and in compliance with our privacy agreement, we may send sales, marketing or other emails to you. We will not sell, distribute or otherwise disseminate your contact and/or other personal information to any other company or persons.
BY ATTENDING AND PARTICIPATING IN THIS PROGRAM, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.