LIVE EVENT/RETREAT TERMS & CONDITIONS
By purchasing a ticket for admission to Women in Pediatrics Retreat (the “Live Event”), you are agreeing to the following terms:
If you do not understand or do not accept the terms of this agreement, please do not purchase a ticket to admission of this Live Event. If you have questions, please contact us at firstname.lastname@example.org.
This Agreement is entered into and effective as of the date of electronic signature at the time of purchase by and between the Purchaser (“Purchaser” “Attendee”), and Greater Than Zero, LLC, doing business as Women in Pediatrics Retreat (“Company”), having an address of 118 Fairhope Ave., Fairhope, Alabama 36532.
In consideration of Attendee purchasing a ticket to admission of the Live Event, it is agreed as follows:
- Scope of Services
(a) Purchase of one (1) ticket to General Admission of the Live Event includes the following:
- Access to the Live Event in Rio Grande, Puerto Rico on February 28-March 3, 2024
- Access to event-specific learning/materials created by Company
- Scheduled breakfast/lunch/dinner as listed on event agenda for all five (5) days of the event/retreat
By purchasing Admission to this Live Event, you agree and understand that your purchase is non-refundable and non-transferrable.
(b) Any additional services provided by Company to Attendee may require additional fees to be discussed and agreed upon by the parties. A separate contract may be signed at that time.
(c) 1:1 Sessions. Company may make available additional 1:1 sessions to Attendee for purchase. These sessions will be billed separately and are governed by this Agreement.
- Covid-19 Policy & Protocols
Please note that vaccination is not required to attend the Live Event.
- Personal Protective Equipment (PPE): All attendees are encouraged to responsibly wear masks whenever possible in advance of the Live Event, especially during travel and aboard shared or public transportation, to reduce the likelihood of infection and unintentional spreading of disease upon arrival.
- Personal Sanitation: All attendees are strongly encouraged to wash their hands frequently and maintain social distancing whenever possible.
- Attendee Duties
(a) Admission Cost. In consideration for the Services provided by Company to Attendee as set forth in Section 1 above, Attendee agrees to pay the current Live Event Admission Fee at the time of purchase as a one-time payment.
(b) Payment Security and Disputes. To the extent that Attendee provides Company with bank/credit/debit card(s) information for payment on Attendee’s account, Company shall be authorized to charge Attendee’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.
Attendee agrees to not dispute any charges at any time. In the event that Attendee inadvertently disputes a charge made to the account, Attendee agrees to immediately cancel/withdraw such a dispute. Attendee agrees to not cancel the credit/debit card that is provided as security without Company’s prior written consent. Attendee is responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.
- Lodging and Accommodations
Accommodations for Attendees will not be provided by Company. Attendee understands that he or she is responsible for arranging their own accommodations for the duration of the event.
- In the event that a block of rooms is made available to Live Event attendees for reservations, Company makes no guarantees as to the quality of service and/or accommodations provided and is released from any liability as it relates to the accommodations.
- Please note that accommodations, unlisted meals, airfare, and other transportation expenses (including bus, taxi, Uber, and/or Lyft to or from the airport) are not included. Attendee will not be reimbursed for any expenses by Company.
- By participating in any and all activities during the Live Event, Attendee acknowledges and confirms that Attendee does not have any physical limitations, medical ailment, physical or mental disabilities that would limit or prevent that Attendee from participating in the activities. If necessary, Attendee will obtain a medical examination and clearance to participate in said activities.
- Limitation of Liability. Attendee releases Company from any liability stemming from personal property loss, injury, and/or death that Attendee may sustain while attending the Live Event and/or participating in its activities.
- Consent to Photography/Videography. There will likely be a photographer present to capture all the glorious moments of our time together! Attendee consents to his or her likeness to be captured via photo and video and authorizes the visual content to be used for commercial purposes on Company’s website, social media platforms, etc.
- Cancellations and Refunds
(a) Attendee’s inability to attend the Live Event is not grounds for any refunds, partial or otherwise, except as outlined in “Refund Policy.”
(b) In the event that Attendee engages in abusive or unprofessional behavior at the Live Event, towards representatives of Company or other Attendees, Company reserves the right to remove Attendee from the Live Event, without warning. No refund will be provided in the event that this takes place. Attendee will remain obligated to pay all remaining unpaid fees in full.
(c) Company may decide to terminate this Agreement at any time. In the event that Company decides to do so, Company shall release Attendee from any further financial obligation under the Contract and will provide a refund, if Attendee paid in full. This does not include the circumstances described in Section 5(b).
Attendee’s failure to effectively participate in the Live Event is not grounds for a refund.
(d) Refund Policy.
|Cancel by:||And receive:|
|June 30, 2023||100% refund less $100 administrative fee|
|August 31, 2023||50% refund|
|November 30, 2023||25% refund|
|On or after December 1, 2023||No refunds|
Attendee understands that disputing a charge through his or her financial institution is a violation of this Agreement and agrees to not do so. Please refer to Section 3(c) for our payment dispute policy.
(e) Force Majeure. Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of Company that materially affects the Services provided in this Agreement, including:
- A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
- War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or
- Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.
In the event that Section 6(e) applies, Company will be permitted to make a reasonable effort to reschedule the Live Event. as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible due to the circumstances.
- No Guarantees
(a) We cannot guarantee any outcome as a result of attending the Live Event and/or participation in the Live Event. We make no guarantees other than that the Services described in Section 1(a) shall be provided to you in accordance with this Agreement. Attendee acknowledges that Company cannot guarantee any results of the Live Event as such outcomes are based on subjective factors (including, but not limited to, Attendee’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. Attendee not achieving his or her desired results is not grounds for a refund.
(b) From time to time, and upon Attendee’s request, Company and/or its representatives may provide Attendee with recommendations or referrals for third-party service providers. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
(c) Affiliate links. Company may provide Attendees with affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
(a) Attendee Information. Any and all Attendee information and data of a confidential nature, including but not limited to any and all personal information (“Confidential Information”), including payment information, shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Attendee with the services specified here and processing payment(s), other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Attendee’s Confidential Information.
(b) Company Information. Attendee agrees to keep confidential any Confidential Information shared by Company in the Live Event. Any Confidential Information shared by Company, its employees or contractors is confidential, proprietary, and belongs solely and exclusively to Company. Attendee agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Attendee agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Live Event. Confidential Information shall not include information rightfully obtained from a third party. Attendee will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(c) Non-Disparagement. Attendee shall, during and after the participation in the Live Event, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts a Attendee’s ability to communicate reviews or performance assessments about Company’s goods or services.
(d) Violations of Confidentiality. Attendee agrees that if Attendee violates or displays any likelihood of violating this Section 8, the Company will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations. Any breach of this clause is grounds for immediate removal from the Live Event.
(e) Attendee Features. Notwithstanding the above section, Company may choose to feature Attendee on its website, social media channels, etc. Attendee agrees to allow Company to commercially share his/her/their likeness, testimonial, and/or results, unless otherwise agreed to by the Attendee. Company agrees to maintain the confidentiality of all sensitive and confidential Attendee information. Features which do not name or identify Attendee directly will not require prior authorization.
- Independent Contractors
(a) Independent Contractor Relationship. This Agreement shall not render Company an employee, partner, agent of, or joint venturer with the Attendee for any purpose. Company is and will remain an independent contractor and service provider in its relationship to the Attendee. Company is or remains open to conducting similar tasks or activities for entities other than the Attendee and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Attendee for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company regarding services performed for the Attendee shall be considered a suggestion only, not an instruction. Company and Attendee agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Attendee and Company.
(b) Taxes & Benefits. Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Attendee shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Attendee for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
- IP Ownership
(a) Intellectual Property Ownership. Attendee agrees that the Live Event contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. Company grants Attendee a license to use the Intellectual Property solely for Attendee’s own noncommercial purposes. Attendee agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Attendee agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property (including any and all content) or that in any way violates Company’s Intellectual Property, without Company’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Live Event is property of the Company. Attendee may not use such trademarks or service marks for any purpose except with written permission by Company.
Women in Pediatrics Retreat™ and Women in Pediatrics™ are trademarks of Greater Than Zero, LLC. The content of Women in Pediatrics Retreat™ is a copyrighted work of Greater Than Zero, LLC.
(b) No Resale of Services Permitted: Attendee agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Live Event (including course materials), use of the Live Event, or access to the Live Event. This agreement is not transferrable or assignable without the Company’s prior written consent.
(c) Attendee agrees to not share access to the Live Event materials with others. This includes parties that have not purchased access to the Live Event, or any other third party that Company has not granted access to.
(d) Recordings. All Live Event sessions are recorded by Company. Attendee may be provided access these recordings via an online forum or other means provided by Company, during the duration of the Live Event. Attendee agrees and consents to the recording of any sessions, workshops, meetings, or testimonials which take place as part of this Agreement. Company reserves all rights in any and all recordings.
No recordings may be captured by Attendees without the consent of Company.
(a) Company’s Warranties. Company represents, warrants, and covenants that Company has full authority to enter into this Agreement and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Attendee’s Warranties. Attendee represents, warrants, and covenants that Attendee has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Attendee’s obligations or duties, whether performance is due now or during the Term.
(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
(d) The headings in this Agreement are for ease of reading and reference only and are not intended to be a part of or affect any term or condition of this Agreement.
- Limitation of Liability
(a) In no event shall Company have any liability to Attendee for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and
(b) In no event shall Company’s liability to Attendee exceed the fees paid by Attendee under these terms, whether in contract, tort, or under any other theory of liability.
(c) The limitations in this section 12 shall not apply to a breach of confidentiality or infringement of intellectual property by a party to this Agreement.
(d) Attendee understands that the information presented in the Live Event is not legal, financial, therapeutic, mental health, or medical advice and Company is not a law firm. All of the information provided throughout the Live Event and Services including the resources delivered via phone/video conference, e-mail, in the online forum, live events including in-person events, webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Attendee understands that Company does not and will not provide any form of diagnosis or health treatment.
If a representative or individual acting on behalf of Greater Than Zero, LLC within the Live Event or other programming is licensed in some professional manner (JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), Attendee understands that these individual(s) are not acting within their capacity as a licensed professional(s).
- Entire Agreement; Modification
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.
No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
- Neutral Construction
This Agreement was prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
- Changed Terms
Parties may amend this Agreement only by mutual Agreement and in writing, signed and agreed to by both parties.
This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Attendee may not assign any of its rights under this Agreement.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Greater Than Zero, LLC.
118 Fairhope Ave.
Fairhope, Alabama 36532
To Attendee at Attendee’s mailing and/or e-mail address provided at the time of purchase.
Any party may change its address for purposes of this Section by giving the other parties written notice of the new address.
- Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Alabama as applied to contracts that are executed and performed entirely in Alabama. The exclusive venue for any proceeding based on or arising out of this Agreement shall be Baldwin County, Alabama. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs of mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
- Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.
Both parties understand that signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect under law as an original handwritten signature in ink.