SOSI DESERT LIVE RETREAT ATTENDEE AGREEMENT
FRENCH KISS LIFE INC. D/B/A SCHOOL OF SELF-IMAGE
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS.
This Retreat Attendee Agreement (the “Agreement”) must be read carefully and signed in consideration of being permitted to participate in the SOSI DESERT LIVE in-person, live event retreat (“Event”). The Event will be hosted by French Kiss Life Inc. d/b/a School of Self-Image (the “Company” or “We”) from November 3 to November 6, 2022, at The Scott Resort & Spa located at 4925 N Scottsdale Rd, Scottsdale, AZ 85251 (the “Venue”). I agree that my participation and attendance at the Event are subject to the terms in this Agreement.
For the purposes of this Agreement, the term “Releasees” shall include: (i) the Company, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, contractors, agents, coaches, representatives, successors, and assigns; (ii) any Company volunteers; (iii) all owners and residents of the Venue; and (iv) Tonya Rising.
- The Event Activities. The Event will include the following activities (“Activities”):
- A Gift Bag
- Two (2) daily, in person, group program sessions (beverages provided)
- Event workbook
- Access to our private Facebook community. This is the place we'll be sharing flight deals, packing tips, inspiration and getting to know each other before the Event.
- Opening Ceremony on Thursday (appetizers and beverage provided)
- Evening parties Friday and Saturday (food and beverage provided)
- Access to discounted room rates
The Activities do not include:
- Ground or air transportation
- Hotel or accommodations
- Resort fee for hotel
- Transportation between airport and Venue (suggested resources will be provided)
- Private excursions or activities not mentioned in Activities section above
- Spa treatments or special personal services
- Gratuities for hotel staff, drivers, personal services and/or purchases
- Personal services such as room service, laundry, telephone calls, cover charges
- Meals, beverages, alcohol not identified in Activities section above
- Travel, accident, health, or life insurance
- Any other items not specified in Activities section above
I acknowledge that the Company reserves the right to adjust the Activities offered or the pricing of the Activities in its sole right and absolute discretion, at any time.
2. Payment. I agree to pay the full cost of my ticket, as selected at checkout, to attend the Event and participate in the Activities (“Event Fee”).
I agree to give the Company permission to automatically charge the credit or debit card I provide for all fees and payments due and payable to the Company for the Event, without any additional authorization, for which an electronic receipt will be provided. I certify that I am an authorized user of the card number I provide. I also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related Activities). I agree not to dispute these charges with my credit card company, so long as the transaction is in line with the terms in this contract.
I acknowledge the Company reserves the right to terminate this Agreement, including my participation in the Event and the Activities, any pre-Event content, and any online community or group, if the Event fee payment is not made.
3. Cancellation. In the event that I decide to cancel, I acknowledge that I will not be entitled to a refund and any remaining, default, or late payments will be due immediately.
I acknowledge that my ticket is transferable to another eligible member, upon request. All cancellation and ticket transfer requests must be made in writing (including by email) and submitted to email@example.com. The Company reserves the right to approve or deny ticket transfer requests in its sole discretion.
The Company will not issue a refund if an attendee leaves the Event early or arrives late. I acknowledge I am not entitled to a refund for any portion of the Event or Activities that I choose not to participate in.
Company reserves the right to cancel or postpone the Event for any reason in the Company’s sole discretion. If the Company cancels the Event, the Company agrees to refund the Event Fee or apply the Event Fee towards a future Company event.
4. Refunds. I understand all sales are final, and no refunds will be provided, unless otherwise provided for in this Agreement.
The Company recommends that attendees purchase trip cancellation insurance in the event attendees need to cancel their trip for any unforeseen reason. I acknowledge the Company is not responsible for, and will not compensate me for, any payments I have made directly for airfare, hotel, excursions, or other personal travel arrangements in the event of a cancellation or postponement.
5. Company Intellectual Property. I acknowledge that the Company owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos (“Company Materials”) that may be used during the Event or on any related website or forum hosted on any platform by the Company (“Company Media”). I understand the Company is granting me permission to use Company Materials for my own personal use only. I agree not to copy, share, sell, or distribute any Company Materials to anyone else or in any way not authorized by Company. I agree to pay liquidated damages of five (5) times the total Event Fee paid to the Company, 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 this unauthorized use.
6. Confidentiality. I acknowledge the Company is not legally bound to keep my information confidential. I agree to choose carefully the materials that I upload to or submit to any Company Media or share during the Event. I understand any material I post on Company Media or share during the Event may become public.
I agree that the Company shall not be liable for the disclosure of any of my information by another Event attendee. I agree to keep all information I learn about other Event attendees, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
7. Non-Solicitation. I acknowledge that the Event is a “pitch free zone.” I agree that I will not pitch, solicit, promote, market, or sell any other products, groups, programs, or events to Event attendees, including on any Company website or third-party forum operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. I agree not to market, promote or sell products or services, of any kind, to Event attendees, unless I am authorized or requested to do so by the Company.
8. Consent to Medical Care. I consent to medical care and transportation in order to obtain treatment in the event of injury to me as the Company, volunteers or medical professionals may deem appropriate and understand that this Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
- Following Rules, Instructions. I agree to observe and obey all posted rules and warnings from the Company and/or Venue, to follow any instructions or directions given by the Company through its employees, representatives or agents and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, relative to my ability to safely participate in or attend the Event.
- Appropriate Behavior; Dismissal Without Refund. I understand and agree that I am expected to exhibit appropriate behavior at all times while at the Event and participating in Activities and will obey all local, state and federal civil and criminal laws. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss me, without refund, should my behavior endanger the safety of or negatively affect the Event or Activities or any person, facility or property.
- Consumption of Alcohol or Other Intoxicants. I agree not to consume alcohol or use any medicine or substance in any way that will inhibit my mental or physical ability to safely participate in the Activities and the Event. If I choose to consume alcoholic beverages or other intoxicants prior to, during, or after the Activities and the Event, I will do so responsibly and only if I am over the legal age to do so.
- Lost, Damaged, or Stolen Items. I understand and agree that the Releasees are not responsible for any personal items or property that are lost, damaged or stolen at or during the Event or during my participation in the Activities.
- Consent to Use My Image. I consent to the use of my image or likeness in photographs, videos or recordings, whether altered or unaltered, taken during the performance of the Activities and Event for use by Company in any media now known or unknown, and I waive and release any right to compensation and/or damages with respect to the use, display, distribution or other publication of such photographs, videos or recordings.
14. License Grant to Use My Photos, Videos, or Recordings. I grant Company an unlimited, non-exclusive, perpetual right and license to use any and all photographs, videos, recordings or other records of Activities I may create or capture, in any media now known or unknown during the Event.
- Community Guidelines. The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all members will treat one another with respect while bringing encouragement and consideration to all members. The Company’s community guidelines are as follows:
- The Company’s Event promotes diversity amongst its attendees. Therefore, the Company encourages all attendees to connect with one another and to learn about one another’s background, interests, hobbies and points of view. The Company does not tolerate nor support any member’s discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
- The Company has created a safe space for all attendees to feel seen, respected and heard. The Company encourages attendees to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each attendee must demonstrate respect towards one another.
- Attendees will support each other with words of encouragement, resources or suggestions, while respecting each other’s boundaries.
The Company may also post separate rules regarding behavior in any online community (such as our private Facebook group) or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. I agree to be bound by those rules and they are expressly incorporated into the terms of this Agreement.
I acknowledge that the Company may terminate my participation in the Event and access to the Activities at any time, without refund, if I breach any part of the community guidelines or any other terms within this Agreement.
16. Assumption of Risk, Indemnification, and Release. I acknowledge that, by engaging with the Company for the Activities and attending the Event, I voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property that might result, whether arising out of the negligence of Releasees or otherwise. I agree to defend, indemnify and hold harmless the Releasees from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) my participation in the Event and Activities, (ii) my use of the Company Materials in violation of this Agreement, (iii) any breach by me of this Agreement or any representation and warranty made by me herein, (iv) any comment, post, or material I submit to the Company’s website or any third-party forum or website operated by the Company, or (v) a violation by me of applicable law or any agreement or terms with a third party to which I am subject, whether or not caused by the active or passive negligence of the Releasees. I release, waive, discharge, hold harmless, and covenant not to sue the Company from any and all liability to me, my personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my attendance or participation in Activities and the Event, whether or not caused by the active or passive negligence of the Company.
In the event that the release and hold harmless provision is held unenforceable for any reason, I agree to limit any damages claimed to the total Event Fee paid to Company.
17. COVID-19. By signing this Agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I, or others, may be exposed to, or infected by COVID-19 while traveling to, attending, or participating in the Event, and that such exposure or infection may result in personal injury, illness, disability or death. I understand that in order to attend and participate in the Event and the Activities, I must be free of COVID-19 symptoms and I agree to present proof at check-in of a negative COVID-19 PCR test taken at most 72 hours prior to the Event.
I understand and agree that upon arrival to the Venue but before gaining entry to the Event and participating in the Activities, I must present proof of a negative COVID-19 PCR test taken at least 72 hours prior to the Event and voluntarily sign the Company’s COVID-19 Waiver and Indemnity Agreement. In the event I refuse to present proof of a negative COVID-19 PCR test or sign the Company’s COVID-19 Waiver and Indemnity Agreement, I will not be permitted entry into the Venue nor the ability to participate in the Event or the Activities and the Event Fee will not be refunded.
18. For Educational and Informational Purposes Only. I acknowledge that the Company provides information and education only, and does not provide any financial, legal, medical, or psychological services or advice. The Company is not a licensed health care professional. None of the Activities prevents, cures or treats any mental or medical condition. Coaching is not intended as a substitute for psychological counseling, therapy, or professional health care advice. I am responsible for my own physical, mental and emotional well-being, decisions, choices, actions and results. Company disclaims any liability for my reliance on any opinions or advice contained in the Activities or Company Materials. If I have thoughts about harming others or myself, I should NOT use the Activities or Company Materials. Instead, I should immediately call 911 and seek appropriate professional help. If Company is informed of my intention to harm myself or others, the Company reserves the right to contact proper authorities and release whatever information the Company possesses to protect the individual(s) at risk.
19. Earnings and Results Disclaimer. I agree that Company has not made and does not make any representations about the earnings or results I may receive as a result of my participation in the Activities and the Event or through the use of any Company Materials. I understand the Company cannot and does not guarantee that I will achieve any particular result or earnings from my participation in the Activities and the Event or through the use of any Company Materials, and I understand that results differ for each individual.
20. Third-Party Vendors. While the Company has made every effort to make arrangements with reputable vendors, I expressly agree that the Company shall not be liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property occasioned through the negligence, wrongful or intentional acts, or default of any company or individual engaged in providing Activities for the Event.
21. Third-Party Websites. I acknowledge any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or Activities, it is my responsibility to fully research such third parties before entering into any transaction or relationship with them.
22. DISCLAIMER OF WARRANTIES. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE ACTIVITIES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE COMPANY MEDIA OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY MEDIA, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
23. LIMITATION OF LIABILITY. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM MY USE OF, OR MY INABILITY TO USE, COMPANY MEDIA, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE COMPANY MEDIA.
24. Users Outside the United States. The Company controls and operates the Company Media from offices in the United States. Company does not represent that the Activities, Company Materials, or the Company Media are appropriate or available for use in other locations. If I choose to access Company Media from other locations, I acknowledge I do so on my own initiative and am responsible for compliance with local laws, if and to the extent local laws are applicable.
25. Force Majeure. I acknowledge the Company shall not be deemed in breach of this Agreement if the Company is unable to complete the Activities or the Event or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give me notice of its inability to perform or of delay in completing the Activities and may terminate this Agreement.
26. Choice of Law; Venue. I understand and acknowledge that the laws of the State of Colorado shall apply to all matters relating to this Agreement, regardless of the Event location, that the exclusive jurisdiction for any dispute with the Company resides in state or federal court in or nearest to Denver, Colorado, and I expressly consent to the exercise of personal jurisdiction in the State of Colorado and expressly waive the defense of forum non conveniens in connection with any dispute with the Company arising from my participation in or attendance at the Event.
27. Attorney’s Fees. I agree that the prevailing party in any dispute arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
28. General Provisions. I expressly agree that if any provision of this Agreement is held invalid or unenforceable, it will be severed, and the remainder of this Agreement will remain in full force and effect. This is the entire agreement and reflects a complete understanding with respect to the subject matter. This agreement supersedes all prior written and oral representations.
I acknowledge that I have carefully read this Agreement, including the waiver and release, and fully understand that it is a binding contract and release of liability, express assumption of risk and indemnity agreement. I am aware and agree that by signing this agreement, I am giving up my right to bring a legal action or assert a claim against the Releasees for their negligence, or for any defective product used while participating in the Activities and the Event. I have read and voluntarily signed this agreement and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
By clicking “I agree” on the order form, I am providing the electronic equivalent of my signature and assert that I have read, understood and agreed to this entire document.
Updated on April 11, 2022.