Heart Led Collective Mastermind Agreement
Effective Date: at time of enrollment
THE AGREEMENT: This Mastermind Agreement (hereinafter, "Agreement") is made by and between Elizabeth Faye Salon LLC, a limited liability company, and under Hair Love University, are organized under the laws of the state of Utah, hereinafter referred to as "Mastermind Provider," and you, further defined below, as a participant in the Mastermind, also defined below.
This Agreement, including all parts and sub-parts, constitutes the entire agreement between the involved parties. It supersedes all prior discussions, understandings, and agreements, whether written or verbal, relating to the subject matter herein. No modification or amendment to this Agreement shall be valid unless made in writing and signed by all parties.
This Agreement shall govern the use of all pages and screens in and on the Mastermind (all collectively referred to as "Mastermind") and any services provided by or on this Mastermind Provider through the Mastermind ("Services") and/or on the Mastermind Provider's website ("Website").
Article 1 - DEFINITIONS:
a) The parties referred to in this Agreement shall be defined as follows:
- Mastermind Provider, us, we: Mastermind Provider, as the creator, operator, and publisher of the Mastermind, is responsible for providing the Mastermind publicly. Mastermind Provider, us, we, our, ours and other first-person pronouns will refer to the Mastermind Provider, as well as, if applicable, all employees and affiliates of the Mastermind Provider.
- You, the user, the Participant: You, as the Participant in the Mastermind and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
- Parties: Collectively, the parties to this Agreement (Mastermind Provider and You) will be referred to as Parties.
Article 2 - ASSENT & ACCEPTANCE:
By purchasing and participating in the Mastermind, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Mastermind immediately. If you do so after purchase, you will not be entitled to any refund or transfer. Mastermind Provider only agrees to provide the Mastermind to you if you assent to this Agreement.
Article 3 - AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to use this Website, participate in the Mastermind or access any Services contained herein. By participating in the Mastermind, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Mastermind Provider assumes no responsibility or liability for any misrepresentation of your age.
Article 4 - LICENSE TO USE WEBSITE & ACCESS Mastermind MATERIALS:
We may provide you with certain information as a result of your accessing of the Mastermind through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Mastermind ("Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Mastermind and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Mastermind, your cessation of use of the Mastermind or the Website, or at the termination of this Agreement.
Article 5 - Mastermind DELIVERABLES:
By purchasing the Mastermind you will receive the following deliverables:
- Heart Led Collective Mastermind for 18 months beginning on the Start Date of the Mastermind
- Calls hosted by the Company or Co-Coaches:
- 1 Monthly Group Coaching Call
- 1 Monthly Breathwork session
- 1 Monthly Live Workshop
Deliverables shall be released at the sole discretion of the Mastermind Provider from the time of purchase to the End Date of the Mastermind as specified below. We reserve the right to adjust the format of the Mastermind at any time, for the benefit of the program and it's users.
Article 6 - Mastermind TERMS:
After purchasing the Mastermind, you will begin at the specified start date (date is subject to change and will be communicated via email.) The Mastermind ends after 18-months after the start date and you will have access to all tools listed until that point.
The indicated Mastermind start and end date is provided as an estimate and is subject to change. We will make reasonable efforts to adhere to the specified start and end date; however, unforeseen circumstances or factors beyond our control may require us to adjust the Mastermind start date. In such cases, we will provide notice to all enrolled participants as soon as possible, and alternative arrangements will be made to accommodate the changed start date. We appreciate your understanding and flexibility regarding any necessary adjustments to the Mastermind start date.
The Mastermind and any of its accompanying Materials may not be shared with any party. If we suspect that the Mastermind or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Mastermind, in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Mastermind or Mastermind Materials. You hereby acknowledge and agree:
- You are solely and exclusively responsible for the choices that you make with regard to this Mastermind, the Materials contained within it, or any significant changes to your business or life;
- You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
- We are not liable for any result or non-result or any consequences which may come about due to your participation in the Mastermind;
- This Mastermind does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
Article 7 - INTELLECTUAL PROPERTY:
You agree that the Materials, the Mastermind, the Website, and any other Services provided by the Mastermind Provider are the property of the Mastermind Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Mastermind Provider owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Mastermind Provider.
Article 8 - CONTENT YOU POST:
Through your participation in the Mastermind and your use of the Website, you may be permitted to post materials to the Mastermind pages and other parts of the Website ("User Contributions"). You hereby grant Mastermind Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post. The Mastermind Provider claims no further proprietary rights in your User Contributions.
You also agree to comply with the "Acceptable Use" provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
Article 9 - YOUR OBLIGATIONS:
As a participant in the Mastermind, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Mastermind. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Mastermind or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Article 10 - PAYMENT & FEES:
The total Fees for the Mastermind are as follows:
Participants may pay either in a single sum of $8,997.00 USD (eight thousand nine-hundred and ninety seven dollars and 00 cents)
Or they may select from a payment plan of:
Twelve (12) consecutive monthly payments of $750 USD (seven-hundred and fifty dollars and 00 cents) starting on the first day of purchase.
Eighteen (18) Consecutive monthly payments of $499 USD (four-hundred and ninety-nine dollars are 00 cents) starting on the first day of purchase.
If you become more than 7 days delinquent on a payment, with no effort to rectify the missed payment, you will be immediately removed from the Mastermind and all materials until all payments are may current. In this event you will be forfeiting any live calls or materials that may happen at this time.
You acknowledge that regardless of participation, completion of the materials you are responsible for the entire amount agreed upon within this agreement. All payments are non-refundable under any circumstances.
Article 11 - DISCOUNTS:
From time to time, We may offer discounts or promotional offers on our products or services. These discounts are at our sole discretion and may be subject to specific terms and conditions. The availability, duration, and eligibility criteria for any discount or promotional offer will be clearly stated during the promotional period. Discounts cannot be combined unless explicitly specified. We reserve the right to modify or cancel any discount or promotional offer at any time without prior notice. Discounts or promotional offers cannot be applied retroactively to previous purchases or orders. All discounts are subject to applicable laws and regulations. Please review the specific terms and conditions associated with each discount or promotional offer for further details.
Article 12 - CHARGEBACK:
In the event of a payment dispute, the Participant agrees to attempt to resolve the issue directly with us before initiating a chargeback with their bank or credit card company. If Participant initiates a chargeback without first attempting to resolve the issue with us, Participant agrees to pay a chargeback processing fee, to be determined on a case-by-case basis. The Participant understands that initiating a chargeback may result in suspension of services pending the resolution of the dispute. In event of a chargeback that is found in Participant's favor due to Participant's misrepresentation, Company reserves the right to seek legal proceedings for recovery of such fees. The Participant acknowledges that they will be responsible for any attorney fees and costs associated with such legal proceedings. By entering into this agreement, the Participant agrees to this chargeback clause.
Article 13 - ACCEPTABLE USE:
You agree not to use the Mastermind or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Mastermind or the Website in any way that could damage the Mastermind, Website, Services, or general business of the Mastermind Provider.
a) You further agree not to use the Mastermind or the Website:
1. To harass, abuse, or threaten others or otherwise violate any person's legal rights;
2. To violate any intellectual property rights of the Mastermind Provider or any third party;
3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
4. To perpetrate any fraud;
5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
6. To publish or distribute any obscene or defamatory material;
7. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
8. To unlawfully gather information about others.
Article 14 - SPONSORSHIPS:
We may accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
Article 15 - NO LIABILITY:
The Mastermind and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Mastermind, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Mastermind is at own risk. We do not assume responsibility or liability for any advice or other information given in the Mastermind, in the Materials, or on the Website.
Article 16 - REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Mastermind or Website;
- Violate the security of the Mastermind or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Article 17 - DATA LOSS:
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Mastermind or use of the Website is at your own risk.
Article 18 - INDEMNIFICATION:
You agree to defend and indemnify the Mastermind Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the Mastermind, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
Article 19 - SPAM POLICY:
You are strictly prohibited from using Mastermind for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Article 20 - MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
Article 21 - MODIFICATIONS OF NAME OF THE MASTERMIND:
W2 reserve the right to modify or change the Name of the Mastermind at any point during the Term of the Agreement. Mastermind Provider and Participant acknowledge and agree that a name change does not in any way impact the deliverables of Mastermind and will not constitute breach or an Amendment by the Mastermind Provider of this Agreement.
Article 22 - ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the Mastermind. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
Article 22 - SERVICE INTERRUPTIONS:
We may need to interrupt your access to the Mastermind to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Mastermind and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Article 23 - TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us. All payments are non-refundable under any circumstances.
Article 24 - NO WARRANTIES:
You agree that your participation in the Mastermind and your use of the Website is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Mastermind or Website will meet your needs or that the Mastermind or Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Mastermind or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Mastermind or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.
Article 25 - LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a result of your participation in the Mastermind or your use of the Website, to the fullest extent permitted by law, as noted above. The maximum liability of Mastermind Provider arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to us in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Article 26 - GENERAL PROVISIONS:
- LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Mastermind and your use of the Website, you agree that the laws of Utah shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Washington County, Utah. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Washington County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Utah. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Mastermind Provider, the rights and liabilities of Mastermind Provider will bind and inure to any assignees, administrators, successors, and executors.
- SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- ATTORNEY 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.
- ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected].
LOVE RETREAT INTERNATIONAL
TERMS AND CONDITIONS
These TERMS AND CONDITIONS are made effective as of your purchase, by Hair Love Retreat, LLC (hereinafter referred to as “Company”). By purchasing you enter into this contract.
You wish to benefit from Company’s services (collectively the “Parties”). These terms shall govern my registration for and participation in the International Retreat hosted by the Company.
SERVICES
Event Policies. By attending the Event, I acknowledge and agree to the following terms and conditions of attending and participation:
EVENT DATE: January 18 to January 24, 2026
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 [Tulum, Mexico] 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 lose 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 2026 or 2027 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.
DISPUTE RESOLUTION
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.
MISCELLANEOUS
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 signing 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.
GLOW BREATHWORK TRAINING PROGRAM
TERMS AND CONDITIONS
No transfers
No refunds
Your 12-month access to live Glow Breathwork Sessions begins as of your date of purchase.
Virtual Course Agreement
Effective as date of sign up
THE AGREEMENT: This Course Agreement (hereinafter, "Agreement") is made by and between Hey Elizabeth Faye Salon LLC, Hair Love University, DBA, a limited liability company, organized under the laws of the state of Utah, hereinafter referred to as "Course Provider," and you, further defined below, as a participant in the Course, also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as "Course") and any services provided by or on this Course Provider through the Course ("Services") and/or on the Course Provider's website ("Website").
Article 1 - DEFINITIONS:
A) The parties referred to in this Agreement shall be defined as follows:
- Course Provider, us, we: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we, our, ours and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
- You, the user, the participant: You, as the participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
- Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.
Article 2 - ASSENT & ACCEPTANCE:
By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course immediately. If you do so after purchase, you will not be entitled to any refund. Course Provider only agrees to provide the Course to you if you assent to this Agreement.
Article 3 - AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.
Article 4 - LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:
We may provide you with certain information as a result of your access to the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course ("Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or the Website, or at the termination of this Agreement.
Article 5 - COURSE TERMS:
After purchasing the Course, your access begins immediately. Your course access will expire the following amount of time after purchase: 1 year from the Course Providers start date.
At the completion of the Course, you will receive a certificate evidencing your participation in, and completion of, the Course.
The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;
D) This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
Article 6 - INTELLECTUAL PROPERTY:
You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all rights, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
Article 7 - CONTENT YOU POST:
Through your participation in the Course and your use of the Website, you may be permitted to post materials to the Course pages and other parts of the Website ("User Contributions"). You hereby grant Course Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post. The Course Provider claims no further proprietary rights in your User Contributions.
You also agree to comply with the "Acceptable Use" provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
Article 8 - YOUR OBLIGATIONS:
As a participant in the Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Article 9 - PAYMENT & FEES:
As noted above, the total Fees for the Course are as follows:
PRICING
Pay in full: $3997
Payment plans are available for the payment of the Course Fees. Such payment plans are structured as follows:
2 Monthly Payments of $1998.50
4 Monthly Payments of $999.25
Participants may pay either in a single sum as stated above, or they may make choose one of the following plans to pay over the course of the course.
If payment is not completed by the specified Course Start Date, you will forfeit your place in the Course.
COMPLETION & CERTIFICATION
- At the completion of the Course, you will receive a certificate evidencing your participation in, and completion of, the Course.
- Upon successful completion of the certification process, participants will become ‘Certified Participants’ for a period of two (2) years from the date of issuance of the certification.
- Glow Breathwork reserves the right to modify renewal and decertification procedures, including associated fees, with prior notice to certified individuals.
- Certification grants the right to use Glow Breathwork techniques while protecting specific brand terms, including but not limited to "Mind the Magic" and "Sacred Success Method," as intellectual property.
- Certified individuals may employ the Glow Breathwork methodology; however, they must ensure distinctiveness in their approach. The term "Sacred Success Method" should not be replicated.
- Certification does not authorize the development of breathwork certification programs resembling Glow Breathwork. Future opportunities to become a Glow Breathwork trainer may be explored as the company grows.
- Those trained in Glow Breathwork must state "Trained in Glow Breathwork," while certified individuals may use "Certified in Glow Breathwork." Our logo is mandatory for the latter and should be displayed on their website.
- Verbatim use of slides and workbooks is restricted. Approved materials will be available through a designated teacher's portal, with a requirement to include the Glow Breathwork logo if content is used but altered.
- The private podcast and app content are for personal practice and embodiment only.
- Replication is prohibited, and certain scripts may not be reproduced.
- Certified individuals may use specific terminology in marketing, such as "Book a Glow Rapid," "Book a Quantum Glow," and "Book a Glow Journey." However, creating courses on these topics is not allowed.
- Certified participants seeking to renew their certification beyond the initial two-year term must apply for recertification.
ELIGIBILITY FOR CERTIFICATION
- To be eligible and approved for certification, participants must successfully complete (1) the Course in its entirety, (2) the Certification testing conducted by the Company upon completion of the Course, and (3) pay the certification application fee of $333.
- It is expressly understood by you that merely completing the Course does not equate Certification by Company.
RECERTIFICATION
- Recertification entails submitting proof of continued competency and adherence to Glow Breathwork guidelines. A recertification fee, as determined by Glow Breathwork, will apply and be communicated to the participant prior to the expiration of their existing certification.
- Proof of original certification decertification may be required as part of the recertification process.
- Participants who fail to renew their certification within the stipulated time frame will be considered decertified.
- To regain certification after decertification, participants must follow the recertification process outlined above.
LIFETIME ACCESS Upon successful completion of all payment obligations for a Course, Participant will be granted lifetime access to the Course materials. In this context, "lifetime" refers to the duration during which the Course remains hosted and available on the Site, and not the lifetime of the Participant. We reserve the right to discontinue hosting any Course on the Site at any time, at our sole discretion.
Article 10 - ACCEPTABLE USE:
You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.
a) You further agree not to use the Course or the Website:
- To harass, abuse, or threaten others or otherwise violate any person's legal rights;
- To violate any intellectual property rights of the Course Provider or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
Article 11 - AFFILIATE MARKETING & ADVERTISING:
We engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Course and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
Article 12 - NO LIABILITY:
The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.
Article 13 - REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
b) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Article 14 - DATA LOSS:
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.
Article 15 - INDEMNIFICATION:
You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense if we wish.
Article 16 - SPAM POLICY:
You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Article 17 - MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
Article 18 - ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
Article 19 - SERVICE INTERRUPTIONS:
We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Article 20 - TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us. All payments are non-refundable under any circumstances.
Article 21 - NO WARRANTIES:
You agree that your participation in the Course and your use of the Website is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Course or Website will meet your needs or that the Course or Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Course or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.
Article 22 - LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a result of your participation in the Course or your use of the Website, to the fullest extent permitted by law, as noted above. The maximum liability of Course Provider arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to us in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Article 23 - GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Course and your use of the Website, you agree that the laws of Utah shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Washington County, Utah. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Washington County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Utah. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: support@hairloveuniversity.com.