The Pixie Dust & Profits LIVE program ("Event") is offered by Nicole Boucher Media, LLC ("Company"). By purchasing a seat for the event, Attendee agrees to the following terms:
Attendee chooses to participate in the Event offered from October 20, 2021 to October 23, 2021. Attendee also wishes to participate in a related Private Coaching Session, which will be held after the event virtually on a mutually agreeable time and date.
Payment Plans are extended as a courtesy to Attendee. If an Attendee chooses the Payment Plan option, all payments will be due monthly and must be paid in full prior to the Event start date, unless Attendee makes other arrangements with the Company. For example, if Attendee purchases on March 15, 2021, her subsequent payments will be due April 15, 2021; May 15, 2021; June 15, 2021; and July 15, 2021. A late fee of $15 per day will be applied to any late payment amount.
If a payment is not received by 15 days after the due date, Company reserves the right to seek payment through collections or any other legal means. Client shall be responsible for any outstanding balance in full, as well as any collection and/or attorney's fees incurred as a result of Company’s good faith efforts to collect any monies owed.
If Payment Plan is not completed prior to the Event start date, Attendee will be denied access to the Event.
TRANSFERS & REFUNDS:
All registrations are final and non-refundable. Due to investments made once an Attendee registers and the limited spacing for this event, Company cannot issue refunds. Credit for fees paid for the Event may not be transferred to another Attendee.
We are monitoring developments and committed to making our retreat as COVID-safe as possible. Should the risk change between registering and our event, we will reschedule the experience to a date TBD in Winter 2022. We prefer vaccination prior to arrival, but will accept a negative test result within 48-hours of travel. Registrants are expected to comply with all current Disney rules while on Disney property, which may include the wearing of a face mask in public areas.
Lodging, dining, group activities and related transportation during the Event are included. Attendee is responsible for transportation expenses to and from the Event. Complementary Disney's Magical Express from the Orlando Airport (MCO) to the host resort can be arranged upon request. Company will use reasonable efforts to inform Attendee of any additional expenses not included in this Agreement. For example, any additional activities, outings, dining experiences or any expenses incurred by Company while providing Attendee with Services will be invoiced to Attendee in a timely manner.
BAD FAITH COMPETITION:
Attendee agrees not to offer any similarly marketed or positioned offering as this Event for at least one year following Attendee's participation via this Agreement. A similarly marketed or positioned offering is one that:
• Is likely to or can be proven to cannibalize sales from this Event; or
• Is deemed to be in bad taste, or created in bad faith, at the discretion of the Company.
COPYRIGHT & INTELLECTUAL PROPERTY:
The Company owns all copyrights for the strategies, tools and information presented during the Event pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by the Party who creates the materials and may be used in the reasonable course of each Party's business going forward.
Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.
PERMITTED USE OF MATERIALS:
Company grants to Attendee a non-exclusive license of product(s) produced with and for Attendee for personal use only so long as Attendee provides Company with attribution reasonably visible on primary or related course materials or marketing collateral. In no event is Attendee allowed to share Company's materials, written or unwritten, with any third party without Company's express prior written permission. For example, if Company shares a spreadsheet that Attendee utilizes, Attendee may not share, distribute, sell or otherwise transfer the privileges of said spreadsheet and copyrighted material contained within the spreadsheet. In short, Attendee agrees not to copy, distribute or teach any of the materials from the Event without permission from the Company.
WAIVER OF LIABILITY:
Attendee voluntarily agrees to this waiver in favor of Company in consideration for the Event. Having read and signed this waiver, Attendee acknowledges that for herself/himself, Attendee's heirs, executors, administrators, representatives, or anyone else who might claim on Attendee’s behalf, hereby waives, releases and discharges Company and its officers and directors, staff, employees, agents and volunteers from and against any blame and liability for any injury, harm, loss, inconvenience, or any other damage of any kind whatsoever, which may result from or be connected in any way to Attendee's participating in the Event, and Attendee agrees to hold them harmless from any such claim(s). In addition to the absolute and unqualified release from all liability, Attendee hereby represents that Attendee will conduct herself/himself in a safe and prudent manner while participating in the Event. Company reserves the right to cancel an activity or release a participant if it feels the participant’s conduct is inappropriate or disruptive. Attendee is aware that by registering for this Event, Attendee is waiving certain legal rights, including the right to sue Company or its officers and directors, staff, employees, agents and volunteers.
Attendee agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Event are not to exceed the Total Cost of Services provided by Company.
Attendee agrees to indemnify and hold harmless Company, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the Event, including all actions, causes of action, injuries, claims, negligence, costs or expenses, arising out of or related to Attendee’s participation in Event and any related activities. In the case of in-person meetings or consulting, including the Event, Attendee agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Attendee waives its right to directly or indirectly ask or force Company to pay for any such damages.
Attendee agrees and understands Company is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional.
Company does not make any guarantees as to the results, including financial or other gains, of any Services provided. Company agrees to provide the Services listed in this Agreement in a reasonable and timely manner. Attendee agrees to take responsibility for Attendee’s own results.
Any media, including photographs, audio or video footage taken by Company or its officers and directors, employees, agents, subcontractors or volunteers, or any media shared by Attendee on one of Company’s platforms such as on a Slack, email or Facebook group channel, is or becomes the property of Company. Attendee grants permission for any media containing Attendee’s likeness and image to be used for publication in any reasonable medium, including but not limited to advertising, third-party websites, online media, industry publications, or for any other lawful and positive use as may be determined by Company. Attendee further waives any and all rights to review or approve any uses of the media, any written copy related to the media or finished products containing the media.
Attendee is responsible for her own health and safety while attending Event, and for seeking medical attention as necessary for any allergic reactions, illness or injury that you experience while attending Event. In an event where it becomes reasonably necessary for Attendee to receive medical treatment at either Attendee’s request or Company’s discretion during an Event, Attendee understands and accepts full responsibility for any and all medical expenses arising out of any treatment from such an incident. In the event that Attendee is unable to make medical decisions in an emergency, Attendee consents to the care of any reasonable physician or treatment center to administer treatment until Attendee’s Emergency Contact(s) can be reached and take over Attendee’s care decisions.
ASSUMPTION OF RISK:
Attendee understands and agrees that Events include dining, social and recreational activities. Any activity can involve an element of risk or injury. Attendee assumes the risk of any activity, and the risk of using any reasonable means of transportation to and from such activities, whether provided by Company or a third party. Company will make a reasonable attempt to accommodate any specific housing, dietary or other health requests, or let the Attendee know if such a request is not possible. If Company cannot provide for a specific request, or Attendee does not wish to assume any such risks, Attendee may take responsibility for providing his or her own food, accommodations, transportation or anything else that the Attendee needs or wants to participate in the Event.
Attendee is advised to purchase an adequate amount of travel, medical or other insurance that insures the Attendee against sickness, health issues, bodily harm, travel cancellations or delays, and incidental or direct damages resulting from Attendee’s participation in Event. In any event, the Attendee HEREBY RELEASES AND HOLDS HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following releases: the Company’s officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that the Attendee, the Attendee’s estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By initialing below, the Attendee agrees to hold the releases harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the Event.
If Attendee desires to cancel their participation in the Event, Attendee agrees to give Company Notice as soon as is reasonably possible. Company is not under any obligation to refund any payments already made.
Company reserves the right in any circumstances to cancel the Event. In particular, the Event requires a minimum number of participants to have booked by 30 days before the start date. If this minimum number is not reached by that date, Company may cancel the Event and refund Attendee's payments.
NO LIABILITY FOR THIRD-PARTY CANCELLATIONS:
Company does not accept any liability for cancellations, delays or changes to Attendee’s travel arrangements caused by war, threat of war, terrorist actions or threats, closure of airports, civil strife, industrial action, natural disaster, technical problems to transport, staff cancellations, unforeseen changes in your personal circumstances or other events beyond Company’s control.
The services schedule is subject to change. The Company will attempt to give reasonable notice of all schedule changes and allow reasonable accommodations to the Attendee for conflicts arising from Company's own scheduling changes. However, no adjustment or proration of fees will be applied if Company's schedule changes due to extenuating circumstances.
The Event shall begin promptly at the agreed upon start time. No proration of fees will be provided for Late Arrivals to the Event.
Regardless of the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the Services provided in this Agreement, including: a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or war, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
FAILURE TO PERFORM SERVICES:
In the event Company cannot or will not perform its obligations in any or all parts of this Agreement, such as in the event of an unforeseen health emergency of essential Company contractors or employees to the Services, Company (or a responsible party) will:
• Immediately give Notice to Attendee; and
• Issue a refund or credit based on a reasonably accurate percentage of Services rendered or find a reasonable replacement; or
• Excuse Client of any further performance and/or payment obligations in this Agreement.
The laws of Maine govern all matters arising under or relating to this Agreement, including torts. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.
Nicole Boucher Media, LLC