THE HAIR LOVE RETREAT TERMS AND CONDITIONS
These TERMS AND CONDITIONS are made effective as of the date of your purchase, byElizabeth Faye Salon LLC, Hair Love Retreat DBA (hereinafter referred to as “Company”) and I understand that these terms shall govern my registration for and participation in The Hair Love Retreat hosted by the Company.
By purchasing this ticket I am entering into this agreement.
Event Policies. By attending the Event, I acknowledge and agree to the following terms and conditions of attending and participation:
All ticket sales for the Event are final and refunds, both monetary and non-monetary, will not be offered by the Company. Similarly, the Company does not offer any transfers or credits for its services to be applied to other services that Company offers unless otherwise stated below.
Tickets purchased by myself for the Event represent a revocable, non-transferable license for me to attend the Event. Company holds the right to revoke this license at any time at its sole discretion. Company is the only authorized vendor for these tickets, and any tickets purchased by me that have not been issued directly to me by Company will not be honored.
I will not be eligible to transfer my credit except in the event I have tested positive for Covid-19 within the Event or if I legally cannot leave my country of origin to travel internationally.
If I test positive for COVID-19 before the Event, or if I legally cannot leave my country of origin to travel to St. George, UT, Washington County, this only applies if you cannot legally leave, this does not include countries that you can leave but require quarantine: I will not receive a refund, but instead will be eligible to transfer a partial credit to a digital coaching program, or another retreat, should that be practical. Company reserves the right to determine the applicable transfer depending on availability. All credits will need to be redeemed for an event within the time frame we offer at the time. I understand, that the transfer credit may differ depending due to the nature of events it may only be a partial credit.
Covid Policies. While Company will not impose any unnecessary restrictions, due to the nature of international travel in light of the COVID-19 pandemic, the hotel, airline, and/or other vendors involved in the Event (hereinafter known as the “Event”) may require pre-screening methods from me, including but not limited to COVID-19 tests, mask mandates, social distancing guidelines, and other reasonable health and safety precautions.
Therefore, by agreeing to these terms, I acknowledge that I will comply with certain safety requirements that may be necessary to participate in the Event. I also agree not to participate in the Event if I have Covid-19 & and I must inform Company as soon as possible so that Company can work with me to find a safe alternative for the health and safety me and all of the other participants. I understand that I may loose a portion of my ticket value due to the nature of event cost.
I acknowledge that my participation in the Event is done at my own free will, and while Company and all associated vendors will take all necessary precautions, my participation may include exposure to and illness from infectious diseases including but not limited to COVID-19. While Company’s rules and my personal discipline may reduce this risk, the risk of serious illness and death does remain even with the best preventative measures. I understand that I knowingly and freely assumes all such risks related to illness and infectious diseases, such as COVID-19 and hereby knowingly assumes the risk of injury, harm, and loss associated with the Event. If my participation in the Event is terminated for any reason, including but not limited to non-compliance with rules, regulations, and guidelines set forth by the Event or other parties involved, including but not limited to the hotel, airlines, and any vendors, I acknowledge that I will not receive a refund or transfer.
Ticket Terms. All sales for the Event are final, and monetary refunds will not be offered. If the Event is canceled for reasons outside of Company control, whether to due COVID-19, or for other reasons, including international travel mandates, legal restrictions, or for the general safety of attendees that will prohibit the Event from taking place in a safe and/or legal manner, Company will find a new date in 2023 or 2024 and/or will choose a new location. My ticket will be transferred to the new retreat of equal value, should that be necessary. If you choose not to go to these transferred date/location you forfeit your ticket.
Safety and Security. My safety and security are important to Company. I understand that myself and my property may be subject to a reasonable search upon entry to the Event. If I refuse to participate in these security measures, then Company shall have full right to deny me entry to and participation in the Event. Company also reserves the right to require me to leave the Event if my behavior causes concern for the safety or security of Event attendees. If Company denies me entry or requires me to leave, I will not receive a refund.
Code of Conduct. Company wants to create a fun, laid-back, and inspiring environment for all those involved. Having a diverse and inclusive atmosphere is one of the Company’s primary goals in holding the Event. I understand and agree to treat the staff and attendees at the Event with courtesy and respect. Vulgar, hostile, threatening, racist, sexist, homophobic, and similarly inappropriate language and behavior will not be tolerated. Additionally, excessive consumption of alcoholic beverages or other intoxicating beverages or substances to the point of disruptive inebriating is discouraged and may result in my removal from the Event and require the Company to request the local authorities’ assistance. The use of illegal narcotics and other controlled substances is also expressly prohibited. I understand that Company reserves the right to require any me to leave the Event, without a refund, if Company determines in its sole discretion that I have violated this provision in any way whatsoever. Company may also revoke my right to attend the Event should it determine, in its sole discretion, that my continued presence at the Event would be disruptive, dangerous, or otherwise create hazards to the proper functioning of the Event.
Harassment and Behavioral Safety. Company has the right to immediately terminate all services if I or any of my agents are acting inappropriately towards the Company or any of its agents or other attendees, or if exhibiting threatening, hostile, stressful, unhealthy, unethical, constraining, or offensive behavior, verbal abuse, or in the event that the safety of the Company is in question. Company has the right to withdraw from and terminate services to remove Company and/or Company’s agents from the situation without approval from me if the Company feels it can no longer do its job effectively in these circumstances. If the Event services are terminated for this reason, all monies paid shall be retained by the Company, and the Company will be released and held harmless as a result of incomplete coverage.
I understand and agree that the Company works to maintain a safe work environment at all times and is obligated to comply with all health and safety laws, directives, and rules and regulations. I agree that myself and my agents shall not carry weapons or firearms, be exposed to severe illness, or request the Company, its employees, or any other attendees to do anything illegal or unsafe. I agree to undertake best efforts to treat all involved, including the Company, its agents, and other attendees with respect and dignity. The Company is not obligated to provide services in any location or area deemed to be unsafe, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. In the event any of these circumstances arise, the Company reserves the right to terminate service and this Agreement. Company shall be entitled to retain all monies paid and I agree to forfeit all payments and relieve and hold Company harmless.
Failure to Make Payment. Company shall have the right to terminate my rights under these Terms and refuse my entry to the Event if I fail to make timely payments for the registration fee and tickets purchased for the Event. I am responsible for making these timely payments and understand that failure to do so shall result in full forfeiture of my rights and all monies paid under these Terms.
RIGHTS AND LIABILITIES
Ownership of Intellectual Property. I understand and agree that Company owns and retains the copyrights for all original artwork, images, program materials, and trademarks (the "Intellectual Property") for its products, channels, courses, and business, and that my participation in the Event does not transfer, assign, or convey ownership in such Intellectual Property. I have no rights to profit from or gain a say in the distribution, use, or sale of any of the Intellectual Property generated by the Event.
Model Release. I understand that I may be photographed, recorded, or included in digital media clips/streams taken at the Event. I hereby give Company the universal and irrevocable right to use my name, voice, likeness, basic biographical information, and depictions in connection with the exploitation and promotion of the Event in any manner and any medium whatsoever (including, but not limited to, promoting the Event and similar future events on social media, digital media, newsletters, and online). My contributions to the resulting creative works are deemed a work-made-for-hire under U.S. copyright law and, accordingly, any rights that I may have in such creative works shall be assigned in full to Company.
Copyright. I understand that participation in the Event is for coaching services only. While Company may provide me with its branding, logos, and images to use as part of my content creation, I understand that I have in no way been granted a license to use the Company’s trademarks, service marks, copyrighted material, or intellectual property, and will not use any of the aforementioned material, outside the scope of what is instructed by the Company at the time any such materials are provided. Any use outside of the scope shall constitute trademark infringement, copyright infringement, or another violation of Company’s rights.
Release of Liability. To the maximum extent permitted by law, I, on behalf of myself, my heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on my behalf or as a result of my death or injury) hereby release Company and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs, and expenses that I may have now or in the future associated in any way with the Event.
Limitation of Liability. I hereby agree to release, discharge, and hold harmless Company, its employees, heirs, representatives, and assigns from any and all liability and claims, in law or equity, arising from or reasonably related to my participation in the Event. This complete waiver of liability includes, without limitation, claims arising from: theft, damage, or destruction to property; personal injury, illness, or death; negligence or carelessness by the Company; dangerous or defective equipment or property owned, maintained, or controlled by Company; and/or possible liability without fault, which are in any way related to my participation in the Event or related activities.
Furthermore, the Company shall not be liable for any damages, monetary awards, injunctions, legal fees/costs, and/or judgments resulting from such claims. Company does not provide insurance coverage to participants and, accordingly, encourages me to obtain my own travel, health, and property insurance. If the Company were to be held liable for any monetary damages, then that liability will be limited to the amount paid to the Company for its services, minus the amount of services already rendered by the Company through services performed in preparation of the Event.
Assumption of the Risk. I acknowledge that my participation in the Event is done at my own free will, and while Company and all associated vendors will take all necessary precautions, my participation may include exposure to bodily injury and illness from infectious diseases including but not limited to COVID-19. While rules and personal discipline may reduce the risk somewhat, serious illness and death always remain a distinct hazard of COVID-19. I understand that I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, and hereby knowingly assume the risk of injury, harm, and loss associated with the Event. If my participation in the Event is terminated for any reason, including but not limited to non-compliance with rules, regulations, and guidelines set forth by Company or other parties involved, including but not limited to the venue, airlines, and any vendors, I acknowledge that I will not receive a refund and that any outstanding balance will be due and payable at the time of my termination.
Travel Costs. In the event that I am unable to arrive at or participate in the Event, the Company shall not be held responsible or liable in any manner for the travel costs that I may have incurred or any costs associated with the cancellation of my travel services. This shall apply to all airline costs and fees, hotel and vehicle rentals, and other associated costs.
International Travel Waiver. I understand that there are circumstances beyond the control of the Company when engaging in international travel, and that travel regulations and policies may change without significant notice due to external factors such as war, disease, or other such difficulties. In consideration of this, I hereby agree to release and hold harmless the Company with respect to any cancellations or costs that may result from travel restrictions that may arise. I will not be able to claim any refunds, credits, or transfers of services if I will be unable to attend the Event due to travel restrictions or other such governmental regulations. If the Event itself is canceled due to a change in travel restrictions or regulations, then Company will reschedule the Event for a new date and allow me to transfer my ticket to that date. This shall be the only remedy offered by Company for this situation.
Taxes. Each party will be responsible for paying all applicable taxes and other governmental fees, charges, penalties, interest, and additions to such taxes that are imposed on that party upon or with respect to the transactions and payments under these Terms. All fees payable by me are exclusive of applicable taxes and duties, including, without limitation, VAT, excise taxes, sales and transaction taxes, and gross receipts taxes. This clause shall apply to all applicable taxes at local, state, federal, and international levels.
Governing Law. These Terms and Conditions shall be governed by the laws of the State of Utah, without reference to rules governing choice and/or conflicts of law. Parties agree and consent to the jurisdiction of the appropriate court in the County of Washington County in the State of Utah to resolve any dispute arising under this Agreement (and agree not to commence any action, suit, or proceeding relating thereto except in such courts).
Attorney’s Fees. If any litigation is brought by either party against the other either to enforce the rights of any party hereto or to clarify rights and obligations hereunder, the substantially prevailing party shall be entitled to recover from the other party thereto the reasonable costs and expenses, including reasonable attorney’s fees and costs, of such proceeding.
Damages. Notwithstanding any other provision herein, it is expressly understood and agreed that neither Company nor I shall have any liability for consequential, special, punitive, or treble damages with respect to any of the agreements or covenants of these Terms.
Mediation. If a dispute arises out of or relates to this contract or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
Arbitration. Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural and substantive rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Washington County, Utah unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
Force Majeure. Each of the following shall be defined as a “Force Majeure Event”: (a) acts of God; (b) casualty or natural disasters (including, without limitation, fire, earthquake, explosions, hurricane, flooding, storms, blizzards, infestations, epidemic, or pandemic); (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrection, or other civil unrest; (d) government order, law, or act (or failure to act); (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, lockouts, labor disputes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) personal incidents such as accident, death in the family, illness, medical or health condition, or sudden tragic circumstances; or (j) any other reason not within the reasonable control of the party delayed in performing (whether similar or dissimilar to the foregoing events).
If either party shall be prevented from performing under this Agreement by reason of a Force Majeure Event, then such non-performing party shall not be in default under or in breach of this Agreement as a result. The non-performing party shall give notice of its inability to perform to the other party within five (5) days after the Force Majeure Event, though performance shall still be excused even if notice isn’t given. The non-performing party shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event, and the non-performing party shall resume the performance of its obligations as soon as reasonably practicable after the end of the Force Majeure Event. The provisions of this Section shall not operate to excuse timely payment under this Agreement.
Notices. All notices, requests, claims, demands, and other communications between the parties shall be in writing and shall be deemed delivered when (a) delivered in person, (b) electronically mailed, or (c) deposited in the United States mail with postage prepaid to the address as either party may specify in writing.
No Waiver of Rights. The failure of either party to these Terms to exercise any of its rights under these Terms at any time does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.
Headings. All descriptive headings in these Terms are inserted for convenience only and shall be disregarded in construing or applying any provision of this Agreement.
Counterparts. These Terms may be executed in multiple counterparts, each of which may be an original, telecopy, or electronic file portable data format (.PDF) and all of which evidence only one agreement and only one full and complete copy of which need be produced for any purpose.
Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a 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.
Entire Agreement. These Terms constitute the entire agreement between the parties, supersedes any prior understandings or agreements, written or verbal, between the parties, and may not be amended except by a written instrument signed by the Parties.
Acknowledgments. Each party acknowledges that he or she has had an adequate opportunity to read and study these Terms, to consider them, to consult with attorneys if he or she has so desired.
Commencement. These Terms will commence upon the execution hereof and continue for the duration of the Event.
No Waiver. The failure of either party to enforce any provision of these Terms 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 these Terms.
Assignment. Neither party shall assign, encumber, pledge or transfer any interest in these Terms without the written consent of the other party, which consent may be withheld in the sole discretion of the other party.
By purchasing you are agreeing to this Agreement, I warrant and represent that I am a legal adult, of sound mind, free from the influence of any drugs or substances that may impair my judgment, free from duress or coercion, has the right to enter into this Agreement, waive my right to legal counsel, and understand and accept the terms of this Agreement.