THE BOTH/AND WAY, LLC
Terms & Conditions
Service Conditions
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services provided by Jacqueline Stilling (“Services”) and The Both/And Way, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms:
TERMS OF USE.
(a) The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Services.
(c) The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
(d) The Company may from time to time offer additional services to Client for an additional fee.
(e) If Client views, or purchases Services or any content accessible on or through the Website and any third-party website the Company may use to distribute Services, Client will be considered a license of the Company. For the avoidance of doubt, Client is granted a revocable, non-transferable license for personal, non-commercial use only, limited to Client only. Client agrees not to share login details and/or materials with any third parties.
PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Client agrees to pay to the Company the purchase amount as stated on the Website.
(b) No refunds will be provided. Client’s satisfaction with the Services is important to the Company. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Services, purchases are considered final and nonrefundable once an order is submitted. Since Company has a clear and explicit Refund Policy in these Terms that Client has agreed to prior to completing the purchase of the Services, the Company does not tolerate or accept any type of chargeback threat or actual chargeback from Client’s credit card company or payment processor.
(c) In the event Client fails to make any of the payments, Company has the right to immediately disallow services and benefits of the Services until payment is paid in full.
RECORDING AND REDISTRIBUTION OF CALLS.
Client acknowledges that calls and/or trainings may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by the Company. Client grants Company a license to use their name, image and likeness for purposes of the Services and promotional purposes.
RELEASE.
Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in Services. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in Services.
Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.
INTELLECTUAL PROPERTY RIGHTS.
In respect of the material specifically created for the Client as part of Services, including modules, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement.
Client may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
Clients use of any Service materials or content other than that expressly authorized in this Agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). Client agrees to pay liquidated damages of five (5) times the total fees paid for the Services in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Service, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the intellectual property rights terms in this Agreement would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling Company to obtain injunctive relief, without bond, in addition to all legal remedies.
DISCLAIMER OF WARRANTIES.
The Services provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY.
By using the Company’s Services and purchasing Services, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Services. Client agrees that use of Services is at user’s own risk. In any event that damages are awarded, they are limited to the amounts paid by Client for Services, including attorney’s fees, costs, and statutory damages.
DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Annapolis, Maryland or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
NOTICES.
All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to info@thebothandway.com.
ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Retreat Conditions
In exchange for us providing you with an exceptional retreat opportunity described fully under the retreats tab at thebothandway.com (“Our Webpage”), you agree to the following terms and conditions of this Contract (“Terms and Conditions”) for the specific retreat destination, dates, and pricing that you select on Our Webpage (the “Retreat”).
1. Retreat Attendance
To attend the Retreat, you must:
-
Agree to pay the Retreat purchase price per person specified on Our Webpage in US Dollars and accept all other Terms and Conditions in this Contract,
-
Complete and submit the online registration form for the Retreat on Our Webpage, and
-
Submit a non-refundable, non-transferable deposit ($200) through the online booking system on Our Webpage towards the full price of the Retreat (“Deposit”) or submit your payment in full.
2. Travel and Health Insurance
We do not offer or include trip or health insurance in any Retreat purchase but recommend that you obtain trip and health insurance for the Retreat because you will be 100% responsible for any loss, penalties, fees, or other financial consequences relating to trip or travel cancellation or interruption, theft or loss of belongings, and all health coverage abroad. We do not offer refunds for trips, travel or medical issues that arise before or during a Retreat.
We recommend that you purchase cancel for any reason (or “CFAR”) trip insurance, which offers the highest level of protection. Please note that to get CFAR coverage you will have to purchase a base travel insurance plan and add CFAR coverage within a certain time, usually 14 days, after your first trip payment.. You need to verify coverage with your insurance company because the deadline for adding CFAR will depend on the travel insurance company, and not all companies offer it.
We recommend that you purchase your own travel insurance policy for the full duration of the Retreat, all corresponding travel expenses, and medical care abroad, including illness, injury, death, loss of baggage or personal items, and cancellation or curtailment. If you cancel due to unforeseen illness or personal emergency before the Retreat (including COVID 19, pregnancy, surgery or injury whether personal or of a family member), miss part of the Retreat due to travel delays, lose luggage or have delayed luggage, or require medical care abroad, your personal travel insurance policy can usually cover this but we cannot offer refunds for any of these reasons.
3. Guest Cancellation Policy
If you wish to cancel your Retreat, you must notify us by email. Once we have received the notice, cancellation will take effect subject to the following conditions:
If cancellation takes place at least 60 days prior to the Retreat, your payments can be refunded (minus the $200 non-refundable, non-transferable Deposit) only if you can find someone to take and pay for your spot.
If you are in a double room and registered for the Retreat with a friend, your friend/roommate has the right to decline your request to fill your spot in the room with an unknown Retreat guest, in which case you will not be eligible for a refund.
If your cancellation request takes place within 60 days of the Retreat, you will forfeit 100% of the Retreat price, and we will issue no refund.
No refunds will be given for failure to attend or complete the Retreat without written notice and adhering to this policy.
We reserve the right to recover from you any amount due after Deposit, which you have not paid to us by the Final Payment Due Date.
There are no refunds or discounts given for arriving late or departing early or for guests who choose not to partake in meals, classes, or excursions.
4. Our Cancellation, Postponement, or Changes of Retreat
We reserve the right to cancel any Retreat prior to departure in the event of under-enrollment. Should a Retreat be canceled due to low enrollment we will fully refund any and all payments you have made to us for the Retreat. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expense or damage (either direct, indirect or consequential) or for any loss of time or inconvenience that may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport, airfare and airline taxes).
For all Retreats, if a force majeure event (e.g. pandemic, natural disasters, travel restrictions, strikes, trade disputes, fire, breakdowns, government or political action, acts of war or terrorism, acts of omissions of a third party or for any other reason whatsoever outside of our reasonable control) causes Retreat to be canceled, we will have no liability whatsoever to you and may, at our option, by written notice to you, either cancel or postpone the Retreat. In this case, we will not refund payments when they are due to causes beyond our control but may offer a rescheduled Retreat date in some instances. If the rescheduled Retreat date does not work for you, then you must seek reimbursement through your own travel insurance policy. For this reason, Travel Insurance to protect your Retreat investment is strongly encouraged.
We also reserve the right to make changes to any aspect of the Retreat if, in our absolute discretion, it is necessary to do so due to conditions that are likely to be hazardous or dangerous to the best interest of our Retreat group’s safety or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if an act or omission of a third party prevents any aspect of the Retreat being undertaken in accordance with the booking or for any other reason that we consider necessary.
5. Passports, Visas, Immunizations, and Flights
It is your responsibility to obtain all required travel documents including but not limited to Passports, Driver's Licenses, Visas, and Immunization Records associated with any destination. For many countries, passports must be valid for at least 6 months beyond the duration of the trip. You are also responsible for booking flights to the Retreat. We are not responsible and will provide no refund if you are refused entry into the country because of incorrect travel documents that are your responsibility.
6. Roommate Requests
If you provide the name of a requested roommate at registration, we will accommodate this preference. If you are traveling alone, and would like to book a shared room, we will strive to room you with another guest of the same gender. These requests will be accommodated on a first come first serve basis and cannot always be guaranteed.
7. Extra Activities & Retreat Schedule
Our Webpage will list what activities are included in the price of your Retreat. We are not responsible or liable for the consequences of any optional or extra activities, assistance, excursions or treatments that you purchase from a third party and that are not included in the Retreat price.
8. Photography/Videography
We will be taking photographs and videos of the Retreat for marketing and promotional purposes. You consent to us taking those photographs and videos and grant us the royalty-free right to use them for those purposes. If you would like to be excluded from photography/videography during the event, please let us know ahead of time and we will do our best to accommodate you.
9. Health, Immunizations, and Travel Warnings
By booking a trip with us, you confirm that you are in good health and capable of performing the activities on the trip you booked. You are also confirming that you are able to care for yourself during the trip and do not have any medical conditions that could cause risk for yourself or others during the trip.
10. Misconduct and Early Departure
For the benefit of everyone, we reserve the right to accept or reject any participant at any time without liability, and in the event we determine, in our sole and exclusive discretion, that you are disruptive to the harmony of the Retreat, we may expel you from the Retreat, without any obligation to pay a refund or any other amount whatsoever. Moreover, we have no responsibility or liability to you if you leave the Retreat prior to its conclusion or for any activity that you undertake, which is not included on the Retreat itinerary.
11. Fitness and Health
You acknowledge that you are medically, physically, emotionally and in all respects fit and able to participate in the Retreat. You also agree that you will be fully and financially responsible for your own physical condition and well-being during the Retreat, and will follow the safety precautions and instructions that we prescribe. However, you have the ultimate responsibility for your choices and realize that we are not a licensed medical provider, and that you must consult your doctor.
It is your responsibility to listen to your body, modify, and rest as needed. You will not hold us responsible for any pain or discomfort you experience during or after the Retreat.
12. Assumption of Risk
Although we are dedicated to your safety on every trip, you must take responsibility for your own safety and assume the risks and hazards inherent with travel and physical activities at the Retreat. These risks and hazards may include, without limitation, delays, injury, illness, death, loss of or damage to your property, exposure to food allergens, and may be caused by force majeure events, the negligence of other persons (including third party operators), and the intentional misconduct of other persons. Certain locations are remote and require additional travel time away from city centers and towns. As such, medical attention may not always be readily available, or may be of different quality compared to what is available at home. Also, you may be visiting places where the political, cultural, and geographical environment is very different from where you live, and in some cases, these differences may present increased risks and/or challenges. We use reasonably available information from the U.S. government, applicable foreign governments, and reports from our contacts in planning each trip itinerary, and assessing the viability of each trip itinerary as the start date approaches. However, it is your responsibility to acquaint yourself with all available and relevant travel information for your destination and the nature of your itinerary. You acknowledge and agree that your decision to travel is made after having considered this information, and you expressly assume the personal risks involved with such travel and related activities.
13. Indemnification and Hold Harmless
In consideration of us accepting the your reservation to participate in the Retreat and your recognition and assumption of risks associated with the Retreat, to the maximum extent permitted by law, you accept financial responsibility for accidental injury and hereby release, waive, discharge, and agree to indemnify, defend and hold harmless The Both/And Way, LLC and anyone acting on its behalf, including its principals, managers, employees, agents, and other representatives (called “Indemnified Parties”) from any and all claims, damages, actions or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, lost earnings, consequential, exemplary, direct, indirect or punitive damages and any attorneys’ fees and costs incurred defending against these claims or enforcing this Contract that may arise out of or occur during your travel and/or staying over, in connection with the trip, the Retreat, or any activities conducted in conjunction therewith, including practices, massages and spa treatments or healing sessions, exposure to food allergies or allergens, and guided tours and excursions with third party outfitters, unless caused by the gross negligence or willful misconduct of the Indemnified Parties.
YOU SHALL NOT PARTICIPATE IN ANY RETREAT WITH THE BOTH/AND WAY, LLC WITHOUT FIRST ACCEPTING ALL OF THE FOREGOING TERMS AND CONDITIONS. BY CHECKING THE AGREEMENT BOX ON THE CHECKOUT PAGE YOU AGREE TO THE TERMS AND CONDITIONS OF THIS RETREAT CONTRACT.