THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE ORGANIZER OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.
1. INTERPRETATION
1.1 The following definitions apply to these Conditions.
Attendee: means the Attendee identified in the Order Form or the individual who has clicked to accept these Conditions.
Effective Date: has the meaning set out in Clause 2.2
Event: means the retreat, gathering or other event as set out in the Order Form.
Force Majeure Event: any event or circumstances which are outside Organizer’s reasonable control, such as an Act of God, fire, storm, hurricane, pandemic or epidemic, government order or action, or similar events.
Order Form: means the applicable order form document setting out the details of the Event.
Organizer: One Functional Person Ltd, a Scottish company (SC716685), operating as “Illuminated Path”, with a registered address of Suite 2, Ground Floor Orchard Brae House, 30 Queensferry Road, Edinburgh United Kingdom EH4 2HS.
Term: means the term of this Contract as set out in the Order Form.
Venue: means the premises where the Event is to take place, as set out in the Order Form.
2. CONTRACT AND DURATION
2.1 In the event of any conflict between these Conditions and any Order Form, then these Conditions shall prevail, unless it is clearly and expressly stated that the opposite should be the case.
2.2 Each Order Form from the Attendee to the Organizer and which is accepted by the Organizer shall constitute an individual legally binding contract between the Attendee and the Organizer. The Order Form shall only be deemed to be accepted by the Organizer when the Organizer issues written acceptance of the Order Form (including via email), at which point and on which date the Contract shall come into existence (“Effective Date”).
2.3 The Contract shall be governed in all respects by these Conditions.
2.4 The Contract shall expire after the completion of the Event.
3. SUPPLIER OBLIGATIONS
3.1 The Organizer shall comply with all applicable laws relevant to its performance in connection with the Event including regarding health and safety and crowd security measures at the Venue (where applicable).
4. ATTENDEE OBLIGATIONS
4.1. The Attendee shall:
(i) comply with all applicable laws relevant to its attendance to the Event and performance of this Contract, including regarding health and safety and crowd security measures at the Venue (including any measures related to Covid-19).
(ii) abide by the Organizer’s community guidelines and policies (“Community Guidelines”), available at https://www.illuminated-path.co.uk/community-guidelines/. If, within the Organizer’s sole opinion, the Attendee violates the Community Guidelines at any point during the Term, the Organizer may terminate this Contract and prevent the Attendee from participating in the Event further.
4.2 By attending the Event, the Attendee acknowledges that he or she is responsible for his or her own safety and confirms that he or she is medically, physically and emotionally fit and able to participate in any activities ongoing at the Event.
4.3 Attendee confirms and acknowledges that the Organizer and its suppliers are not licensed medical or mental health practitioners and any information you receive at an Event is not medical advice, a diagnosis or treatment of any physical or mental health conditions.
4.4 You are responsible for how you use any information you receive or learn at an Event.
5. PRICE AND PAYMENT
5.1 All tickets to the Event must be paid for in full at the time of purchase. Ticket purchases will not be considered confirmed until payment in full has been received by the Organizer.
5.2 To the fullest extent permitted by applicable law, in the event the Attendee wishes to cancel its booking after acceptance by the Organizer, the Attendee should contact the Organizer at [email protected]. The Organizer may issue a refund as follows:
(i) Where notification is received by the Organizer more than 30 days before the event, the Organizer will issue a full refund, minus a 15% administrative charge per ticket;
(ii) Where notification is received by the organizer less than 30 days before the event, the Organizer will not issue a refund.
5.3 Exclusions and Additions: Unless otherwise agreed in writing, the Fees exclude any applicable federal, state, sales use and excise taxes. If applicable, any tax or governmental levy imposed in any relevant jurisdiction shall be added to the Fees.
5.4 The Attendee should take out relevant travel insurance after booking any Event to insure the cost investment of any trip that may be required to attend.
6. ATTENDEE DATA
6.1 How we use your personal data is set out in our privacy notice at https://www.movingsacred.com/privacy-policy/.
7. LIMITATION OF LIABILITY.
7.1 IN NO EVENT SHALL THE ORGANIZER BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE CONDITIONS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
7.2 OUR SOLE AND MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY (FOR ANY CAUSE WHATSOEVER) SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE TICKET TO THE EVENT.
The limitation(s) of liability set forth above shall: (i) only apply to the extent permitted by applicable law and (ii) not apply to (A) liability from Organizer’s gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All Intellectual Property Rights in connection with the Event are owned by, or validly licensed to, the Organizer.
9. TERMINATION AND CANCELLATION
9.1 If the Organizer is prevented, hindered, or delayed in or from performing its obligations or the Event is jeopardized by a Force Majeure Event, the Organizer shall not be in breach of this Contract or otherwise liable for any such failure or delay.
9.2 If the Organizer finds that it is not possible to hold the Event as planned (including due to a Force Majeure Event), then the Organizer will use best efforts to make alternative arrangements. All tickets will remain valid and these Conditions will continue to apply in full if a new date is secured for the Event.
9.3 If, for any reason, the Organizer must cancel the Event (including because of a Force Majeure Event), the Attendee will be entitled to a refund of fees paid for the ticket.
9.4 Attendees should purchase travel insurance if necessary to attend the Event to recover any travel and accommodation costs in such circumstances, as well as for any loss or damage to personal property while attending the Event.
9.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
9.6 Termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
10. GENERAL
10.1 Entire Contract: The Contract shall be governed in all respects by these Conditions. The Organizer shall not be bound by any terms or conditions set out in any other order form, documents or correspondence of the Attendee. These Conditions shall supersede and prevail over any other terms and conditions stipulated or referred to by the Attendee, and no addition, alteration or substitution of these Conditions will bind the Organizer or form part of any Contract, unless expressly accepted in writing by an authorized officer of the Organizer.
10.2 Waiver of Rights: Even if the Organizer delays in enforcing its rights under this Contract, this is not a waiver of such rights and does not prevent the Organizer from pursuing the Attendee later.
10.3 Invalidity: The invalidity in whole or in part of any of these Conditions shall not affect the validity of any other provision.
10.4 Severability: Each of these Conditions shall be separate and severable and shall be enforceable accordingly.
10.5 Relationship of Parties: Nothing in these Conditions and no action taken by the parties pursuant to these Conditions shall constitute or be deemed to constitute a partnership or joint venture between the parties, or shall constitute either party as the agent, employee or representative of the other party. The parties to the Contract are independent parties.
10.6 Third Party Rights: Nobody else has any rights under this Contract.
10.7 Tickets are personal: Tickets sold to each Event are personal and cannot be transferred or assigned to a third party without the prior written consent of the Organizer.
10.8 Notices: To give the Organizer notice under these Conditions, the Attendee must contact the Organizer via registered or certified mail to [NAME AND ADDRESS]. Notices provided by registered or certified mail will be effective five business days after they are sent.
11. DISPUTES RESOLUTION AND BINDING ARBITRATION
11.1 THE ATTENDEE IS AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT THE ATTENDEE MAY HAVE IF IT WENT TO COURT MAY ALSO BE UNAVAILABLE OR BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN ATTENDEE AND ORGANIZER ARISING FROM OR RELATING IN ANY WAY TO THE EVENT OR THESE CONDITIONS SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
11.2 The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (“AAA Rules”) then in effect, except as modified by these Conditions. The AAA Rules are available at www.adr.org/arb_med. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
11.3 The arbitrator will have exclusive authority to resolve any dispute under these Conditions and shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
11.4 You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of purchasing your ticket. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
12. GOVERNING LAW AND JURISDICTION
12.1 All matters arising out of or relating to these Conditions are governed by and construed in accordance with the internal laws of the state of New York without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of New York.