Welcome to the Check Out Page for Simply Wellness

You (hereinafter: the “Participant”) understand that by clicking the payment button, entering your credit card and/or debit card information, making a cash, PayPal or Stripe payment, or otherwise enrolling, electronically, verbally, or otherwise, that you agree to be enrolled in the retreat provided by Simply Wellness, in the Province of Arizona (hereinafter: the “Company”). The Company is facilitating the retreat as outlined on the checkout page (hereinafter: the “Retreat”). You hereby understand that you are entering into a legally binding Agreement with the Company and are subject to the following terms:

DEFINITIONS:
(i) Participant - any individual or customer that has paid to join the retreat as an active participant.

TERMS OF PURCHASE
1.1 The intended purpose of this Agreement is to inform the Participant of the Terms of their Purchase and any information regarding the deliverance of products, enrollment and participation in the Retreat.

1.2 The Retreat is an experience hosted and facilitated by the Company on the terms as outlined at the check-out and sales page, whereby individuals will come together to participate in a series of activities.

1.3 The Participant accepts that additional communications relating to the Retreat may be communicated to the Participant post registration of attendance, and closer to the commencement date of the Retreat. The Participant understands that select modifications to the Retreat may take place, and that the Company will ensure a replacement or substitution of greater or equal value is confirmed.

1.4 The Participant acknowledges that they must secure travel to and from the location of the Retreat and their own accommodation. The Company does not arrange airfare, or other transportation required to arrive at the location of the Retreat. It is the responsibility of the Participant to secure airfare, accomodation or other travel arrangements to the location of the Retreat. The Company will not provide any assistance regarding transportation. The Company further bears no responsibility, nor liability, for any delay, cancellation or other of flights, trains, buses or any other form of transportation.


PARTICIPANT RESPONSIBILITIES
2.1 The Participant understands that they are fully responsible to attend any activities or scheduled programming included in the Retreat during which the Participant agrees to communicate honestly and to create the appropriate time and energy to participate in the Retreat.

PURCHASE PRICE AND TERMS OF PAYMENT
3.1 The Participant has been offered multiple payment options at checkout. To secure one’s attendance for the Retreat, the Participant must follow the payment terms as outlined at the checkout page. The Participant understands that a portion equal to $500.00 of the total purchase price shall be considered a non-refundable reservation deposit (hereinafter: the “Reservation Deposit”).

3.2 In addition to the Reservation Deposit, the Participant understands that payment of the purchase price shall be due on the date of purchase or as otherwise offered in the payment options. The appropriate payment amount will be reflected upon checkout. All payments must be made on or before 14 days prior to the Retreat Date. The Participant will be liable for all of the payments subject to the Refund policy herein. If Payments are not received, the Termination Policy herein may apply.

METHODS OF PAYMENT
4.1 The Company accepts payment methods as indicated on the checkout page. If given the option to pay via installments, the Participant authorizes the Company to charge their payment account with the terms of the payment option selected for the duration of the agreed-upon payment plan. It is the Participant’s responsibility to ensure payments are made on time. The Participant agrees to provide complete, current, and accurate payment information and to update the Company should any payment information change, prior to the payment due date. The Participant understands the Company will not accept payment made by cheque.

4.2 If any payments to the Company are delayed, the Participant agrees to pay all amounts due upon demand. Any delay in the payment may be subject to termination of this Agreement, and refusal of access to the Participant to the Retreat.
4.3 The Participant agrees that the charges on their credit card in compliance with the terms herein are irrevocable, undisputable and may not under any circumstance be charged back, contested or challenged now or in the future. The Participant understands that doing so would be a material breach of this Agreement in which the Company would be entitled to legal fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. Should the Participant not pay the amount submitted within fourteen days before the retreat start day, the Company will turn it over to a collections agency. The Participant further agrees that signing of this Agreement is proof of purchase and all that is necessary to establish to the credit card agency or banking institution to deny a chargeback to the Participant.

4.4 The Participant understands by accepting the payment terms herein, that they are voluntarily electing to participate in the Retreat, and financially willing and able to invest in the Retreat by choice as effected by their signatures herein. The Participant is attesting that by doing so, they are not in any way incurring economic hardship and are aware of Section 6: Termination and Cancellation.

4.5 Price Readjustment. The Participant shall not be eligible for a readjustment of fees, or refund of any kind to reflect a price-readjustment. The Participant understands that the price reflected at checkout on the date of purchase shall be the final price the Participant is subject to. Any promotions, last minute sales, price drops, incentives or bonuses offered prior to, or post purchase shall not apply to the Participant.

TRAVEL INSURANCE AND DOCUMENTATION
5.1 The Participant is solely and exclusively responsible for maintaining up-to-date and valid travel documentation inclusive of, but not limited to, passports, travel visas, applicable immunization and vaccination records, and/or other documentation required for entrance into the Retreat location country.

5.2 The Participant is strongly recommended to purchase and maintain travel, medical and health insurance during the entire length of the Retreat inclusive of departure date and may be requested by the Company to provide proof of such travel and health insurance before arrival at the Retreat. Coverage should include, but not be limited to, to the following: illness, injury, property damage, loss of personal items, death, cancellation, and any other potential losses, damages, expenses and/or liabilities. If the Participant elects not to secure travel, medical and health insurance, the Participant may be asked to sign an acknowledgment of such.

5.3 The Participant accepts that the Company is not responsible nor liable for any illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses and/or liabilities the Participant may experience.

TERMINATION AND CANCELLATION
6.1 The Participant may terminate this Agreement under the following terms:

The Participant must provide written notice of cancellation more than 30 days from the Retreat start date to be eligible for a partial payment cancellation and/or refund of 50% of the total amount due excluding the deposit;
If the Participant provides less than 30 days written notice of cancellation from the Retreat start date, a refund is up to the discretion of Simply Wellness.
In no circumstance shall the Participant be eligible to transfer their Reservation Deposit and/or payments to another future retreat date. The Participant acknowledges that the Retreat elected and paid for, is the date chosen, and no transfers shall be accommodated.

6.2 Any written notice must be sent to the following email address: support@simplywellnessllc.com.

6.3 In the event the Participant must leave the Retreat early, either by election or personal circumstance, or other reason either independent of the Retreat or directly connected to the Retreat, the Participant understands that they are able to leave at any time, but early departure shall not constitute grounds for a refund of any kind.

6.4 The Participant understands that the Company retains the right to limit, suspend, or terminate the Participant’s attendance at the Retreat without refund if the Participant (i) becomes disruptive or difficult to work with, (ii) fails to follow retreat guidelines pre-departure, or during the Retreat, (iii) is found to harass the Company, staff and representatives, other participants of the Retreat (v) or is negatively speaking about the Retreat and/or services offered by the Company in public forums without prior consultation with the Company.

6.5 The Company further reserves the right to accept and/or deny any Participant participation in the Retreat, or in select activities on the Retreat, based on the grounds of health or fitness. The Company shall not discriminate on the basis of race, colour, creed, religion, age, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, pregnancy, marital or parental status, or any other category protected by law.

CHANGES AND ALTERATIONS
7.1 The Company reserves the right to make minor changes to, and/or alter, any aspect of the Retreat at any time due to conditions in the retreat location, or with the administration of the Retreat. In the event that the advertised facilitator is unable to lead and/or facilitate the Retreat for any reason, the Company shall make reasonably commercial best efforts to hire a substitute facilitator of equal qualification. Any changes will be notified to the Participants in advance of the Retreat.

RESTRICTIONS AND PROHIBITIONS
8.1 The Participant is prohibited from selling, reselling, assigning or reassigning their space in the Retreat without written approval from the Company expressly permitting such activity and providing all details required by the Company for such an activity to occur.

8.2 The following is prohibited while at the Retreat: partying, hosting parties, or organizing parties in the accommodation rooms.

MEDIA RELEASE AND TESTIMONIALS
9.1 The Participant understands that the Company may want to share parts of the Retreat and/or results of the Retreat for future marketing purposes. The Company will not release any confidential or proprietary information and will consult the Participant before such use. 

9.2 The Participant grants permission for the Company to photograph, and/or record any sessions, and/or work conducted in which the Participant is participating, and further acknowledges that the Company may use the photographs, motion pictures, videotapes, recordings or any other record of the Participant’s participation in the sessions and/or work conducted for purposes of social media, website, advertising, online courses and archiving. 

9.3 In the event the Participant provides a testimonial, the Participant grants full permission for the Company to use said testimonial for marketing purposes.

9.4 The Participant releases the Company from all claims by which the Participant may have now, or in the future, for compensation of any kind arising out of the Participant’s participation in the aforementioned photographs, motion pictures, videotapes, recordings, or any other record of the Participants participation in the Retreat or related activities. 

RELEASE OF LIABILITY FOR RETREAT
10.1 The Participant acknowledges that their decision to attend the Retreat is made with full knowledge of all information described above, and by the Company, and that they are attending by their own free will and volition. The Participant agrees to be the sole party responsible for assumption of all risk involved in connection with the Retreat.

10.2 The Participant understands that domestic and international travel can be challenging and bears a level of risk and uncertainty. The Participant understands that such risk and uncertainty cannot be eliminated by the Company. In the Retreat location, standards of accommodation, communication, technology, transportation, access to health care, and other infectious disease precautions, hygiene, safety, and service may not be comparable to those of the Participants home country and will require flexibility and patience on part of the Participant. The Participant accepts this and agrees to accept responsibility for their own safety and welfare while on the Retreat.

VACCINATIONS AND IMMUNIZATIONS
11.1 For any domestic or international retreats where requirements for vaccinations, immunizations or other medical requirements are present, the Participant acknowledges it is their sole responsibility to comply with all government mandated entry requirements of the Retreat location and any policies enforced by the Retreat. The Company will follow government mandates in effect at the time of any retreat.

11.2 The Participant accepts they may be asked to present a negative COVID-19 test taken no more than three [3] days prior to the Participants arrival at the Retreat. If the Participant is positive within three [3] days of the Retreat, the Participant understands that they will be refused access to the Retreat, subject to Section 6: Termination and Cancellation. At the time of entering into this Agreement, the Participant acknowledges this is a known-risk of purchasing the Retreat, and understands the implication of such risk.

11.3 The Participant assumes all risk of contracting a medical ailment, virus, disease or other, during the Retreat and during any travel to and from the Retreat and holds the Company harmless for any consequences or damages of contracting such medical ailment.

INTELLECTUAL PROPERTY
12.1 Any designs produced by the Company for the Participant will remain the intellectual property of the Company and may not be used in any other form without prior written consent. The Participant is provided with a non-exclusive, non-transferable single-user license authorizing the Participant to use the materials for their individual purposes only. Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from the Company to the Participant.

12.2 The Participant agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by the Company or obtained through attending the Retreat, without the Company’s express written consent. If such behaviour is discovered or suspected, the Company reserves the right to immediately end the Participant’s participation in the Retreat without refund, as well as access to any program or materials they may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.  

DISCLAIMER
13.1 Any information relating to the Retreat on the website or any marketing channels is provided ‘as is’ and ‘as available’, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, fitness for a particular purpose, or expectation of performance. The Participant is choosing to attend the Retreat and work with the Company on a purely voluntary basis and does not hold the Company responsible should the Participant become dissatisfied with any portion of the Retreat, or unable to complete any portion of the Retreat.

13.2 The Company makes no representations, warranties, guarantees or promises verbally or in writing pertaining to the achievement of any level of results from the Participant’s participation in the Retreat. The Participant understands and agrees that they are voluntarily choosing to attend the Retreat and are solely responsible for any outcomes or results. The Participant acknowledges and agrees that the Company is not responsible nor liable to the Participant should the Participant sustain any injuries, incur harm, or encounter any negative ramifications. The Participant accepts that they are fully responsible for their own health and well-being, including participation in Retreat and any results therein. 

13.3 The Participant further understands the Company is solely responsible for activities planned throughout the retreat. The Company is not responsible for providing express accommodation(s) to the Participation and/or transportation to and from the Retreat location.

13.4 The Retreat may expose the Participant to several activities, including breathwork, meditation, yoga, hiking, acupuncture, massage, IV vitamin therapy, swimming, hypnotherapy, reiki, and sound healing. By participating in this retreat you understand that you are solely responsible for your own health and well-being through the facilitated practices. The Participant is responsible to go at their own pace and respect their own personal limitations in any activity.

13.5 By participating in the Retreat, you understand that the Company does not guarantee any specific results, outcomes or changes to the Participant’s current situation and the Participant will hold the Company harmless if the Participant does not experience desired results.

13.6 The Participant understands and accepts that the Company is not a recognized professional or other agent held out to be a professional, nor shall any professional be in attendance at the Retreat in this capacity. Nothing said or facilitated during the Retreat shall be taken as medical advice or considered to take the place of a consultation with any such professional. The Participant confirms and agrees that they will not use the Retreat as a substitute for counseling, psychotherapy, mental health care or substance abuse treatment.

LIMITATION OF LIABILITY
14.1 The Participant agrees that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the services provided for, or in connection with the Retreat. In no event shall the Company be liable to the Participant for any indirect, consequential or special damages. In consideration of and as part of the Participant’s payment for the right to participate in the Retreat, the undersigned, participant’s heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the Participant’s attendance and participation in the Retreat.

RELEASE OF CLAIMS
15.1 The Participant releases any right to claims against the Company to the maximum extent as permissible under applicable law. The Participant agrees that under no circumstances will the Company be liable to any party for any type of damages resulting from or claiming to result from any use of, reliance on, attendance, or participation in the Retreat, and the Participant hereby releases the Company from any and all claims, whether known or unknown, now or discovered in the future. 

NO NEGATIVE STATEMENTS OR ACTIONS
16.1 The Participant shall not, at any time, directly or indirectly, take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company or Retreat in any way. The Participant acknowledges that the Company retains the right to terminate access to the Retreat for any violation of this section and may be entitled to injunctive relief.  

SEVERABILITY
17.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

MODIFICATIONS
18.1 The Company may modify this Agreement from time to time. Any modifications will be notified to the Participant, and the Participant may either continue under the new conditions or the Agreement will be terminated. 

18.2 The Participant understands that without any notice to the contrary, by continuing under the new conditions after notification shall enforce the modified Agreement as effective and the Participant agrees to be bound to any changes in the Agreement. 

DISPUTE RESOLUTION
19.1 In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent of the Parties, the Participant and the Company agree to attempt to mediate in good faith for up to thirty [30] days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing Party in any legal action will be entitled to be paid by the other Party all costs and expenses incurred, including, but not limited to legal fees. Damages will be capped at the eligible amount of the purchase price reflected at checkout.

WAIVER
20.1 The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. 

FORCE MAJEURE
21.1 Either Party may choose to be excused of any further obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the objective of the Retreat, such as: an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricanes, flooding, storms or infestation); or other (inclusive of hostility, war, invasion); or any hazardous situation created outside the control of either Party (inclusive of a riot, pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism). 

APPLICABLE LAW
22.1 This Agreement shall be governed by and under control of the laws of Simply Wellness regardless of conflict of law principles, and regardless of the location of the Participant.

BINDING EFFECT
23.1 This Agreement shall be legal and binding upon the parties hereto and their respective successors and permissible assigns. The Parties each represent that they have the authority to enter into this Agreement. 

CONTACT:
24.1 If you have any questions about these Terms, please contact us at: support@simplywellnessllc.com.