TERMS OF PURCHASE: QUANTUM RETREAT
YOU (HEREINAFTER: THE “PARTICIPANT”) UNDERSTAND THAT ALL PAYMENTS WILL BE PROCESSED BY ROMANCE FOODIE AND TRAVEL, A TICO CERTIFIED TRAVEL AGENCY, AND THAT BY CLICKING THE SUBMIT BUTTON, ENTERING YOUR CREDIT CARD AND/OR DEBIT CARD INFORMATION, MAKING A CASH, PAYPAL OR STRIPE PAYMENT, PROVIDING YOUR PAYMENT DETAILS TO OUR TICO CERTIFIED TRAVEL AGENT OVER THE PHONE, OR OTHERWISE ENROLLING, ELECTRONICALLY, VERBALLY, OR OTHERWISE, THAT YOU AGREE TO BE ENROLLED IN THE RETREAT PROVIDED BY QUANTUM WELLNESS, AN INDEPENDENT CORPORATION IN THE PROVINCE OF ONTARIO (HEREINAFTER: THE “COMPANY”). THE COMPANY IS FACILITATING THE RETREAT QUANTUM RETREAT (HEREINAFTER: THE “RETREAT”). YOU HEREBY UNDERSTAND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH THE COMPANY AND ARE SUBJECT TO THE FOLLOWING TERMS:
TERMS OF PURCHASE
1. THE INTENDED PURPOSE OF THIS AGREEMENT IS TO INFORM THE PARTICIPANT OF THE TERMS OF THEIR PURCHASE AND ANY INFORMATION REGARDING THE DELIVERANCE OF PRODUCTS, ENROLMENT AND PARTICIPATION IN THE RETREAT.
2. THE RETREAT IS A 7-NIGHT EXPERIENCE HOSTED AND FACILITATED BY THE COMPANY, WHEREBY INDIVIDUALS WILL COME TOGETHER TO PARTICIPATE IN A SERIES OF ACTIVITIES. THE PARTICIPANT UNDERSTANDS THAT NO AIR TRANSPORTATION IS INCLUDED IN THIS OFFER AND MUST BE BOOKED INDEPENDENTLY. THE ONLY FORM OF TRANSPORTATION INCLUDED IS THE BUS SHUTTLE TO AND FROM THE SAN JOSE AIRPORT IN COSTA RICA TO THE RETREAT LOCATION ON THE FIRST AND LAST DAYS OF THE RETREAT AS WELL AS TO BORUCA INDIGENOUS RESERVE LOCATED INT HE TALAMANCA MOUNTAINS DURING THE RETREAT.
PURCHASE PRICE AND TERMS OF PAYMENT
3. ALL PAYMENT WILL BE PROCESSED BY THE FOLLOWING TICO CERTIFIED TRAVEL AGENCY:
ROMANCE AND FOODIE TRAVEL
1003 - 55 YORK STREET
TORONTO, ON M5J 1R7
TICO# 50021282
4. THE PARTICIPANT HAS BEEN OFFERED TWO PAYMENT OPTIONS AT CHECKOUT. TO SECURE ONE’S ATTENDANCE FOR THE RETREAT, THE PARTICIPANT MUST SUBMIT A NON-REFUNDABLE DEPOSIT.
5. TO SECURE THE PARTICIPANT’S ATTENDANCE FOR THE RETREAT, A NON-REFUNDABLE DEPOSIT OF $800 USD OF THE ADVERTISED TICKET PRICE AT TIME OF PURCHASE MUST BE MADE AT THE TIME OF PURCHASE. BASED ON THE PAYMENT OPTION YOU CHOOSE (PAY IN FULL OR PAYMENT PLAN) THIS NON-REFUNDABLE DEPOSIT WILL BE INCLUDED IN EITHER YOUR PAY-IN-FULL PRICE, OR AS A PART OF YOUR FIRST PAYMENT IF THE PAYMENT PLAN OPTION IS CHOSEN.
6. IN ADDITION TO THE NON-REFUNDABLE DEPOSIT, THE PARTICIPANT UNDERSTANDS THAT PAYMENT OF THE PURCHASE PRICE SHALL BE DUE ON THE DATE OF PURCHASE OR AS OTHERWISE OFFERED IN THE TWO [2] PAYMENT OPTIONS. THE APPROPRIATE PAYMENT AMOUNT WILL BE REFLECTED UPON CHECKOUT. THE PARTICIPANT WILL BE LIABLE FOR ALL OF THE PAYMENTS SUBJECT TO THE REFUND POLICY HEREIN.
7. THE PARTICIPANT MAY SELECT EITHER OF THE PAYMENT OPTIONS AS FOLLOWS:
OPTION 1: PAY IN FULL - ONE PAYMENT OF FULL PURCHASE PRICE AT TIME OF PURCHASE. AVAILABLE AT ALL TIMES.
OPTION 2: PAYMENT PLAN OPTION TO BE DISCUSSED WITH OUR TEAM TICO CERTIFIED TRAVEL AGENT UPON REGISTRATION.
METHODS OF PAYMENT
8. THE COMPANY ACCEPTS PAYMENT METHODS INDICATED ON THE CHECKOUT PAGE. IF GIVEN THE OPTION TO PAY VIA INSTALMENTS, THE PARTICIPANT AUTHORIZES ROMANCE AND FOODIE TRAVEL TO CHARGE THEIR PAYMENT ACCOUNT WITH THE TERMS OF THE PAYMENT OPTION SELECTED FOR THE DURATION OF THE AGREED-UPON PAYMENT PLAN. IT IS THE PARTICIPANT’S RESPONSIBILITY TO ENSURE PAYMENTS ARE MADE ON TIME. IN THE EVENT PAYMENTS ARE NOT MADE ON TIME, THE PARTICIPANT UNDERSTANDS THAT ANY DELAY IN PAYMENTS MAY RESULT IN THE COMPANY ENGAGING A DEBT RECOVERY MERCANTILE AGENCY OR A SOLICITOR TO RECOVER THE OUTSTANDING AMOUNT DUE AND ALL APPLICABLE COLLECTION COSTS.
9. IF YOU CHOOSE TO PAY VIA PAYMENT PLAN THEN YOUR PLAN WILL BE DISCUSSED WITH OUR TEAM TICO CERTIFIED TRAVEL AGENT UPON REGISTRATION.
10. ALL COLLECTION COSTS WILL BE INVOICED IN ADDITION TO THE PAYMENT SCHEDULE AND MUST BE PAID. ANY FORFEITURE IN THE PAYMENT OF THE FEES MAY RESULT IN THE PARTICIPANTS INABILITY TO ATTEND THE RETREAT.
REFUND POLICY
11. REVIEW THE FOLLOWING REFUND AND CANCELLATION POLICY TO ENSURE YOU UNDERSTAND FULLY HOW THESE RULES APPLY TO YOUR PURCHASE.
BY REGISTERING YOUR ATTENDANCE FOR THE RETREAT, YOU AGREE TO MAKE ALL PAYMENTS AND UNDERSTAND YOU HAVE SUBMITTED A NON-REFUNDABLE DEPOSIT TO SECURE YOUR SPOT.
PLEASE NOTE THAT ALL PAYMENTS MADE FOR THIS RETREAT ARE NON-REFUNDABLE. WE STROGLY RECOMMEND THAT PARTICIPANTS CONSIDER PURCHASING TRAVEL INSURANCE TO SAFEGUARD THEIR INVESTMENTS. WHILE WE UNDERSTAND THAT UNEXPECTED SITUATIONS CAN ARISE, SUCH AS PERSONAL EMERGENCIES OR UNFORSEEN EVENTS, TRAVEL INSURANCE PROVIDES COVERAGE AND PEACE OF MIND IN SUCH CIRCUMSTANCES. IT IS THE RESPONSABILITY OF EACH PARTICIPANT TO ASSESS THEIR OWN NEEDS AND MAKE APPROPIATE ARRANGEMENTS FOR TRAVEL INSURANCE.
IF GOVERNMENT RESTRICTIONS INHIBIT A LARGE ENOUGH NUMBER OF PARTICIPANTS FROM ATTENDING THEN THE COMPANY RESERVES THE RIGHT TO POSTPONE THE RETREAT TO FUTURE DATE WHEN RESTRICTIONS ARE LIFTED. NO REFUNDS WILL BE GRANTED IN THIS CASE, HOWEVER A CREDIT WILL BE ISSUED.
ALL CREDIT CARD PAYMENTS WILL BE SUBJECT TO A 3.5% NON-REFUNDABLE PROCESSING FEE.
ALL NOTICES MUST BE SENT TO: INFO@QUANTUMWELLNESS.ORG
12. IN THE EVENT YOU NEED TO LEAVE THE RETREAT EARLY DUE TO A PERSONAL CIRCUMSTANCE, EITHER INDEPENDENT OF THE RETREAT OR DIRECTLY CONNECTED TO THE RETREAT, YOU UNDERSTAND YOU ARE ABLE TO LEAVE AT ANY TIME BUT THIS DOES NOT CONSTITUTE GROUNDS FOR A REFUND OF ANY KIND.
13.BY REGISTERING YOUR ATTENDANCE, YOU UNDERSTAND THAT SUBJECT TO THE REFUND POLICY HEREIN, ALL SALES ARE CONSIDERED FINAL AND ARE NOT ELIGIBLE FOR ANY REFUND UNDER ANY CIRCUMSTANCE, BE IT KNOWN OR UNKNOWN, NOW OR IN THE FUTURE. THE CLIENT FURTHER AGREES AND UNDERSTANDS THAT CHANGING THEIR MIND ABOUT THE RETREAT, FAILING TO COMPLETE, FOLLOW THROUGH OR UNDERSTAND THE DETAILS OF THE RETREAT, NOT EXPERIENCING THE RESULTS THEY EXPECTED OR DESIRED, OR EXPERIENCING ANY OTHER SIMILAR FEELINGS OR SITUATIONS WILL NOT, UNDER ANY CIRCUMSTANCE, WARRANT A REFUND. YOU ACCEPT WITHOUT DISPUTE THE TERMS OF THE REFUND POLICY AND WAIVE ANY AND ALL CLAIMS IN CONNECTION WITH THE REFUND POLICIES HEREIN.
14. BY REGISTERING THE PARTICIPANT UNDERSTANDS THAT WHEN PAYMENTS ARE MADE THROUGH WWW.YOURQUANTUMWELLNESS,ORG, REFUNDS ARE SUBJECT TO A 2.9% PROCESSING FEE.
TERMINATION
15. EITHER THE PARTICIPANT OR THE COMPANY MAY TERMINATE THIS AGREEMENT AT ANY TIME BY WRITTEN NOTICE. ANY TERMINATION IN THE PARTICIPANT’S PARTICIPATION AND ATTENDANCE AT THE RETREAT IS SUBJECT TO THE REFUND POLICIES OUTLINED IN SECTION 4. ANY WRITTEN NOTICE MUST BE SENT TO INFO@YOURQUANTUMWELLNESS.ORG.
16. THE PARTICIPANT UNDERSTANDS THAT THE COMPANY RETAINS THE RIGHT TO LIMIT, SUSPEND, OR TERMINATE THE PARTICIPANT’S ATTENDANCE AT THE RETREAT WITHOUT REFUND IF THE PARTICIPANT (I) BECOMES DISRUPTIVE OR DIFFICULT TO WORK WITH, (II) FAILS TO FOLLOW PROGRAM AND RETREAT GUIDELINES, (III) IS FOUND TO HARASS OTHER PARTICIPANTS OF THE RETREAT OR HARASS THE COMPANY, (V) OR IS NEGATIVELY SPEAKING ABOUT THE RETREAT AND/OR SERVICES OFFERED BY THE COMPANY IN PUBLIC FORUMS WITHOUT PRIOR CONSULTATION WITH THE COMPANY. THE PARTICIPANT UNDERSTANDS THAT ANY MONEY OWING TO THE COMPANY AT THE TIME OF TERMINATION WILL BECOME DUE AT THE EFFECTIVE DATE OF TERMINATION.
INTELLECTUAL PROPERTY
17. ANY DESIGNS PRODUCED BY THE COMPANY FOR THE PARTICIPANT WILL REMAIN THE INTELLECTUAL PROPERTY OF THE COMPANY AND MAY NOT BE USED IN ANY OTHER FORM WITHOUT PRIOR WRITTEN CONSENT. THE PARTICIPANT IS PROVIDED WITH A NON-EXCLUSIVE, NON-TRANSFERABLE SINGLE-USER LICENSE AUTHORIZING THE PARTICIPANT TO USE THE MATERIALS FOR THEIR INDIVIDUAL PURPOSES ONLY. NOTHING IN THIS AGREEMENT SHALL CONSTITUTE A TRANSFER OF OWNERSHIP OF ANY INTELLECTUAL PROPERTY FROM THE COMPANY TO THE PARTICIPANT.
18. THE PARTICIPANT AGREES AND UNDERSTANDS THEY ARE NOT TO COPY, REPOST, ALTER, PUBLISH, SELL, ASSIST OTHERS IN SELLING, MANIPULATE, DISTRIBUTE, OR IN ANY WAY EXPLOIT ANY OF THE CONTENT OR INTELLECTUAL PROPERTY PROVIDED BY THE COMPANY OR OBTAINED THROUGH WORKING WITH THE COMPANY, WITHOUT THE COMPANY’S EXPRESS WRITTEN CONSENT. IF SUCH BEHAVIOUR IS DISCOVERED OR SUSPECTED, THE COMPANY RESERVES THE RIGHT TO IMMEDIATELY END YOUR PARTICIPATION IN THE PROGRAM WITHOUT REFUND, AS WELL AS ACCESS TO ANY PROGRAM OR MATERIALS YOU MAY HAVE PURCHASED, WITHOUT REFUND, AND RESERVE THE RIGHT TO PROSECUTE ANY ACTIONABLE INFRINGEMENT OR MISUSE TO THE FULL EXTENT OF THE LAW.
DISCLAIMER
19. ANY INFORMATION RELATING TO THE RETREAT ON THE WEBSITE OR ANY MARKETING CHANNELS IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, MEANING IT IS WITHOUT ANY GUARANTEES, REPRESENTATIONS, OR WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATING TO QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR EXPECTATION OF PERFORMANCE. THE PARTICIPANT IS CHOOSING TO ATTEND THE RETREAT AND WORK WITH THE COMPANY ON A PURELY VOLUNTARY BASIS AND DOES NOT HOLD THE COMPANY RESPONSIBLE SHOULD THE PARTICIPANT BECOME DISSATISFIED WITH ANY PORTION OF THE RETREAT, OR UNABLE TO COMPLETE ANY PORTION OF THE RETREAT.
20. THE PARTICIPANT FURTHER UNDERSTANDS THE COMPANY IS SOLELY RESPONSIBLE FOR ACTIVITIES PLANNED THROUGHOUT THE RETREAT.
21. THE RETREAT UTILIZES METHODOLOGIES AND TECHNIQUES FROM SEVERAL PRACTICE AREAS, INCLUDING HYPNOTHERAPY, REIKI, YOGA, MEDITATION, WELLNESS COACHING AND RIVER CEREMONY. BY PARTICIPATING IN THIS RETREAT YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN HEALTH AND WELL-BEING THROUGH THE FACILITATED RETREAT. THE PARTICIPANT IS RESPONSIBLE TO GO AT THEIR OWN PACE AND RESPECT THEIR OWN PERSONAL LIMITATIONS IN ANY ACTIVITY.
22. BY PARTICIPATING IN THE RETREAT, YOU UNDERSTAND THAT THE COMPANY DOES NOT GUARANTEE ANY SPECIFIC RESULTS, OUTCOMES OR CHANGES TO THE PARTICIPANT’S CURRENT SITUATION AND THE PARTICIPANT WILL HOLD THE COMPANY HARMLESS IF THE PARTICIPANT DOES NOT EXPERIENCE DESIRED RESULTS.
23. THE PARTICIPANT UNDERSTANDS AND ACCEPTS THAT THE COMPANY IS NOT A MEDICAL PROFESSIONAL, REGISTERED NUTRITIONIST, PSYCHOLOGIST OR OTHER AGENT HELD OUT TO BE A PROFESSIONAL, NOR SHALL ANY PROFESSIONAL BE IN ATTENDANCE AT THE RETREAT IN THIS CAPACITY. NOTHING SAID OR FACILITATED DURING THE RETREAT, INCLUSIVE OF BUT NOT EXHAUSTIVE OF, HYPNOTHERAPY, REIKI, OR WELLNESS COACHING, SHALL BE TAKEN AS MEDICAL ADVICE OR CONSIDERED TO TAKE THE PLACE OF A CONSULTATION WITH ANY SUCH PROFESSIONAL.
24. THE PARTICIPANT ACCEPTS THAT IF THEY ARE CURRENTLY UNDER THE CARE OF A MENTAL HEALTH PROFESSIONAL, IT IS RECOMMENDED THAT THE PARTICIPANT PROMPTLY INFORM THE MEDICAL HEALTH CARE PROVIDER DETAILS OF THE NATURE AND EXTENT OF THE RETREAT. THE PARTICIPANT UNDERSTANDS THAT IF DURING THE COURSE OF THE RETREAT, AND/OR LEADING UP TO THE RETREAT, THE COMPANY FEELS THAT THE NATURE OF THE DISCUSSION IS OUTSIDE OF THE SCOPE IN WHICH THE COMPANY IS ABLE TO PROVIDE SERVICES, THAT THE COMPANY MAY TERMINATE THIS AGREEMENT AND ACCESS TO THE RETREAT WITH A REFUND PRO-RATA AND/OR MAY NOTIFY APPROPRIATE AUTHORITIES IF THE NATURE OF THE DISCUSSION CONCERNS REASONABLE HARM TO ONESELF OR HARM TO OTHERS.
LIMITATION OF LIABILITY
25. THE PARTICIPANT AGREES THAT THE COMPANY IS NOT AND WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY ACTIONS OR INACTION, OR FOR ANY DIRECT OR INDIRECT RESULT OF THE SERVICES PROVIDED FOR, OR IN CONNECTION WITH THE RETREAT. IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE PARTICIPANT FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. IN CONSIDERATION OF AND AS PART OF THE PARTICIPANT’S PAYMENT FOR THE RIGHT TO PARTICIPATE IN THE RETREAT, THE UNDERSIGNED, PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS DO HEREBY RELEASE, WAIVE, ACQUIT, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS AND FOREVER DISCHARGE THE COMPANY AND ITS SUBSIDIARIES, PRINCIPALS, DIRECTORS, EMPLOYEES, AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND STAFF OR STUDENTS FROM ALL ACTIONS, CAUSES OF ACTIONS, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN EQUITY ARISING FROM THE PARTICIPANT’S ATTENDANCE AND PARTICIPATION IN THE RETREAT.
RELEASE OF CLAIMS
26. THE PARTICIPANT RELEASES ANY RIGHT TO CLAIMS AGAINST THE COMPANY TO THE MAXIMUM EXTENT AS PERMISSIBLE UNDER APPLICABLE LAW. THE PARTICIPANT AGREES THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY TYPE OF DAMAGES RESULTING FROM OR CLAIMING TO RESULT FROM ANY USE OF, RELIANCE ON, ATTENDANCE, OR PARTICIPATION IN THE RETREAT, AND THE PARTICIPANT HEREBY RELEASES THE COMPANY FROM ANY AND ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, NOW OR DISCOVERED IN THE FUTURE.
NO NEGATIVE STATEMENTS OR ACTIONS
27. THE PARTICIPANT SHALL NOT AT ANY TIME DIRECTLY OR INDIRECTLY TAKE ANY ACTION AND/OR MAKE, PUBLISH, FILE OR RECORD ANY ORAL OR WRITTEN STATEMENTS THAT WOULD LIKELY HAVE A NEGATIVE OR INJURIOUS IMPACT UPON, OR THAT IS DEROGATORY, DEFAMATORY, LIBEL OR SLANDEROUS IN NATURE TO THE COMPANY OR RETREAT IN ANY WAY. THE PARTICIPANT ACKNOWLEDGES THAT THE COMPANY RETAINS THE RIGHT TO TERMINATE ACCESS TO THE RETREAT FOR ANY VIOLATION OF THIS SECTION AND MAY BE ENTITLED TO INJUNCTIVE RELIEF.
SEVERABILITY
28. IF ANY PROVISION OF THIS AGREEMENT SHALL BE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE REMAINING PROVISIONS SHALL CONTINUE TO BE VALID AND ENFORCEABLE. IF THE 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.
DISPUTE RESOLUTION
29. ANY DISPUTES ARISING UNDER THIS AGREEMENT SHALL FIRST BE RESOLVED THROUGH MEDIATION.
APPLICABLE LAW
30. THIS AGREEMENT SHALL BE GOVERNED BY AND UNDER CONTROL OF THE LAWS OF THE PROVINCE OF ONTARIO REGARDLESS OF CONFLICT OF LAW PRINCIPLES, AND REGARDLESS OF THE LOCATION OF THE PARTICIPANT.
BINDING EFFECT
31. THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES HERETO AND THEIR RESPECTIVE SUCCESSORS AND PERMISSIBLE ASSIGNS.
CONTACT
32. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US AT: INFO@YOURQUANTUMWELLNESS.ORG.