Terms & Conditions
Terms & Conditions
PROGRAMS TERMS AND CONDITIONS:
Phoenix Coaching, LLC (hereby referred to as “Presenter”) and all purchasers of a shamanic healing session, retreat, training program, or other services or goods from Presenter (such purchaser hereby referred to as an “Attendee”), hereby agree to the following:
Attendee, by purchasing any shamanic healing session, retreat, training program or other services or goods from Presenter, expressly agrees to the following terms and conditions. The following terms and conditions affect your legal rights related to your purchase of the program and/or other services from Presenter and you should read them in their entirety prior to making a purchase.
REFUSAL OF SERVICE. Presenter reserves the right to refuse service to any Attendee for any reason not prohibited by law, including any reason that might place Presenter in jeopardy socially, physically or legally. If Presenter refuses service to any Attendee, Presenter will return any monies paid by Attendee, which return shall be the sole remedy for Attendee for Presenter’s refusal to provide service.
TRANSFER POLICY Presenter reserves the right to cancel a program for any reason, including in the case of unexpected, unforeseen, or uncontrollable situations or as a result of “force majeure” events (including “acts of god”, war, riot, and disease). All monies paid for a program are non-refundable and non-transferable, except as specifically set forth herein. In the unlikely event of the cancellation of a program for any reason, a makeup program will be scheduled in the same area for a date no more than 12-months after the original date of the program was canceled. At the time of any cancellation by Presenter, registered participants can either transfer, at no extra charge, their registration to the makeup program or to any other already scheduled program within the 12-month period from the date of the canceled program.
In the event Presenter is not able to conduct the program or provide a makeup program or provide any other services paid for by Attendee for any reason, Presenter’s liability to Attendee shall be limited solely to a refund of any monies already paid by the Attendee to Presenter. Presenter shall not be liable for any incidental expenses or consequential losses that Attendee may have incurred as a result of any cancellation, including transportation or lodging expenses. It is recommended that Attendee purchase travel insurance.
WAIVER AND RELEASE. The Attendee now and forever waives, releases, and discharges, and agrees to not make a claim against Presenter or its shareholders, members, managers, directors, officers, agents, employees, volunteers, suppliers, contractors, subcontractors, attorneys, affiliate companies, successors and assigns from any and all claims (including, without limitation, negligence claims), demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but limited to personal injury, wrongful death, and property damage, that in any manner arise from or relate to the use of the program space or participation in the program, except in the case of Presenter’s gross negligence or willful misconduct. The waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know or suspect to exist, but that may develop, accrue, or be discovered in the future. The Attendee represents and warrants that he or she has considered the possibility that claims, liabilities, injuries, damages, and causes of action may develop, accrue, or be discovered in the future, and he or she voluntarily assumes that risk as part of these terms and conditions.
INDEMNIFICATION. The Attendee further agrees to shall indemnify, defend (by counsel reasonably acceptable to Presenter), protect, and hold Presenter, its shareholders, members, managers, directors, officers, agents, employees, volunteers, suppliers, contractors, subcontractors, attorneys, affiliate companies, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including, without limitation, attorneys fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, (i) from Attendee’s participation in the program or Attendee’s use of the program space, (ii) from, negligent acts or omissions of the Presenter, its shareholders, members, managers, directors, officers, agents, employees, volunteers, suppliers, contractors, subcontractors, attorneys, affiliate companies, successors and assign, except in the case of Presenter’s gross negligence or willful misconduct, or (iii) from a breach of these terms and conditions by Attendee.
SUCCESS OF ATTENDEE’S WORK NOT GUARANTEED. Presenter makes no warranty or representations regarding the potential success of Attendee’s business.
CHOICE OF LAW. The Parties agree that any potential conflicts between the Attendee and Presenter will be resolved pursuant to Colorado Law and the venue for any dispute or conflict shall be in the Colorado State Courts located in Boulder County, CO and that any and all communication in this regard, unless otherwise agreed upon by both parties, will be communicated via writing, and only through this manner.
SEVERABILITY OF INVALID PROVISION. Should any provision of these terms and conditions be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the terms and conditions shall remain in effect.