The Connection Factor Terms and Agreement
The Connection Factor Experience: Teal Swan’s The Connection Factor event is designed to assist participants to face personal challenges and to encounter others that we realize share a connection because of shared concerns. Workshop participants will gain clarity and insights, connect with themselves on a deep level and expand out of their comfort zone towards new horizons all the while forging friendships that will last a lifetime.
The Connection Factor Registration Terms: By clicking the appropriate online button to complete your purchase for the “The Connection Factor” event, Customer (or “you” or “your”) is agreeing to all the Terms and Conditions herein (the “Terms”)
Cancellation and No Shows: In the event of a no show, there is no credit offered to the customer for not coming. In the event that the workshop gets canceled due to COVID, we will be unable to provide a refund, but instead we’ll be able to provide a credit for online products at the Teal Swan Shop in the same amount as the original ticket(s) cost.
Confidentiality/Nondisclosure: The Parties agree that all materials associated with the The Connection Factor Workshop (the “Workshop”) including this Agreement, are TealEye’s property. Participant promises that Participant will not copy, disclose or disseminate any of materials associated with the Workshop, including this Agreement without TealEye’s prior consent. The Parties agree that this confidentiality/nondisclosure understanding is part of the consideration Participant offers and TealEye requires in exchange for participating in the Workshop as described herein.
Participant Acknowledgments/Representations: I hereby request and consent to participation in the Workshop. I understand that neither TealEye nor Teal Swan guarantee any Workshop participation results, which vary from person to person.
Participant understands that those who manage and conduct the Workshop are not licensed medical or mental healthcare providers, do not and will not diagnose or treat disease, and Participant is not attending the Workshop for medical, diagnostic or treatment procedures. Participant understands that nothing those managing/ conducting the Workshop do or say should be taken as medical advice or opinion. Suggestions and treatments offered during the Workshop are not intended to take the place of qualified professional medical care, including the diagnosed treatment of named diseases. It is expected that you are under the care of one or more appropriate primary care physicians or medical specialist.
Participant warrants that Participant is not on participating in the Workshop as a writer, researcher, journalist for or on behalf of any media company, or as an agent for or on behalf of federal – including military/armed services - state, or local agencies.
Arm’s Length Transaction: The Parties mutually acknowledge that this Agreement is entered into at arm's length, without duress or coercion, and is to be interpreted as an agreement between parties of equal bargaining strength. Both Participant and TealEye agree that this Agreement is clear and unambiguous as to its terms, and that no oral or other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language within its four corners in accordance with the purposes for which it is entered into.
Definition: “Company Employees” means TealEye, its institutions, subdivisions, officers, employees, volunteers, affiliates, managers, members, agents, attorneys, event officials and event monitors, and/or producers of the Workshop, predecessors, successors and assigns.
- Participant shall attend the Workshop on time, sober, clear minded and rested.
- Participant agrees to behave politely, respectfully and nondisruptively during the Workshop, including honoring the respective boundaries of peer and staff, whether emotionally, physically or sexually.
- It is the Participant’s responsibility to secure transportation to and from the Workshop and food, if desired, during the 1 hour lunch break during the Workshop.
Participant’s breach of any of the terms of this Agreement, including but not limited to failing to perform the terms and conditions described herein, will result in the public revocation of Participant’s Workshop registration, expulsion from the Workshop venue, and will authorize TealEye to pursue any available remedy.
- Recording/Photograph Policy: During the Workshop, Participant agrees not to take photographs or make recordings of any kind. However, when attending the Workshop, Participant understands that during the Workshop Company Employees may photograph, audio or video record the Workshop and participants, including Participant’s voice and appearance (“Intellectual Property”). Participant waives any privacy or ownership claim to this Intellectual Property and agrees that TealEye shall have sole ownership and control of all rights associated with the Intellectual Property, including but not limited to the unlimited right to release, publish, exhibit, or reproduce the Intellectual Property, in part or in whole, in any form or medium. Participant understands that consenting to this Recording/ Photography Policy is part of the consideration Participant offers and TealEye requires in exchange for TealEye including Participant in the Workshop as described herein.
- Indemnification and Hold Harmless: Participant agrees to indemnify, defend, hold harmless and promise not to sue Company Employees from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in the Workshop.
- Assumption of Risk: Participant hereby acknowledge and agrees that Participant understands the nature of the Workshop and is in good health, and in proper physical and mental condition to participate therein; that there are certain inherent risks and dangers associated with the Workshop; and that, except as expressly set forth herein, Participant knowingly and voluntarily, accepts, and assumes responsibility for each of these risks, and all other risks and dangers that could arise out of, or occur during, Participant’s participation in the Workshop.
- Force Majeure: Neither party shall be responsible to the other party for costs
incurred by the other party as a result of any delays or failure to perform arising from causes of Force Majeure - which shall include acts of God, act or restraints of governmental authorities, fire, explosions, earthquakes, wars, hostilities, terrorism, blockades, public disorders, quarantines, embargoes, strikes or loss or shortage of transportation facilities; provided that, each party agrees to (1) promptly notify the other in writing of such delay, (2) take all reasonable steps to avoid or remove such cause, and (3) resume performance as promptly as reasonably possible. If the period of nonperformance exceeds thirty (30) days (whether or not consecutive), the party whose ability to perform has not been so affected may, by giving written notice, terminate this Agreement.
- Governing Law: Participant agrees that this Agreement shall be governed and be construed according to the laws of the state of Nevada.
- Arbitration: Participant agrees that TealEye has the option of choosing that any conflict between the Parties shall be venued in California in a County of TealEye’s choice, and that TealEye or Company Employees have the option to have any conflict between the Parties resolved via binding arbitration conducted according to the rules and procedures of the American Arbitration Association. Participant understands that Participant may have the right to a venue other than California, but Participant hereby waives any claim or argument supporting a venue other than California and agrees not to make a claim for any other venue or forum. The parties agree that they will split costs associated with arbitration, such as arbitrator fees, equally, that any failure to pay the share of such costs will result in a judgment in favor of the other party, and that both parties will bear their own attorney’s fees. The Parties agree that any arbitration determination will be enforceable in civil court as a civil judgment.
- Confidential Proceedings: The parties agree that all records of any disagreement between the parties, including but not limited to arbitration, will be confidential and that both parties will fully cooperate with any process, communications or stipulations necessary to maintain strict confidentiality of any information and/or records pertaining to any disagreement between the Parties.
- Complete Agreement: The Parties agree that this Agreement incorporates the Terms and Conditions found athttps://www.tealswan.net/terms-and-conditions-aas if fully stated herein, and that these, combined, constitute the final Agreement between the Parties, superseding any prior agreements or understandings, oral or written, pertaining to the subject matter of this Agreement. The Parties agree that this Agreement can be modified or altered only through a writing signed and dated by authorized representatives of both Parties.
- No Assignment or Delegation: Neither party may assign any of its rights under this Agreement, except with the prior written consent of the other party. Neither party may delegate any performance under this Agreement, except with the prior written consent of the other party. The Parties agree that any assignment or delegation made in violation of this paragraph is void.
- Termination: TealEye may terminate this Agreement upon Participant’s breach of any term of this Agreement. TealEye’s may, upon its sole discretion, allow Participant the opportunity to cure any breach TealEye alleges upon any terms TealEye requires. In the event this Agreement terminates prior to the time the Workshop begins, TealEye shall not be obligated to refund any of Participant’s fees, costs or expenses associated with attending the Workshop per this Agreement.
- Counterparts: The Parties may execute this Agreement in any number of counterparts, delivered by any method including facsimile or email attachment, with each counterpart, together, constituting one and the same instrument with electronic signatures considered as having the same force and effect as original signatures.
- Severability: If any one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement.
- Notices: Any notice, request, demand, or other communication required or permitted by this Agreement will not be deemed effective unless the is in writing and delivered only by personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), or facsimile. A party shall address notices to the other party at the following addresses:
- Waiver: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
- Headings: The descriptive headings for paragraphs and clauses within this Agreement are for convenience only, and do not affect its construction or interpretation.