In exchange for the services or products provided to me by Minh Clare and her facilitators (collectively “the ORGANIZERS”), I, for myself, my heirs and anyone who may act on my behalf, (hereinafter referred to collectively as “I”) agree to and acknowledge the following:
1. Terms of Use
The following User Agreement (“Agreement”) governs the use of Minh Clare services (“Service”).
Please read this Agreement carefully. By your use of and/or registration on any aspect of the Service, you are indicating your agreement to comply with the terms of this Agreement. If you do not agree with these terms, you are not authorized to use the Service. These terms may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Agreement. Additional terms of use may appear in other places in the Service and shall be incorporated herein and made a part of this Agreement (to the extent of any conflict, the terms of this Agreement shall control
2. Disclaimer
The services, content and material presented for view or sale on this website is for educational and informational purposes only. The content should not be used for diagnosis or treatment of any condition or disease. No express or implied guarantee of results is made. If you are currently being treated by a physician or other healthcare practitioner for any condition or disease, I agree to consult with that provider prior to changing or modifying any treatment program.
3. Risks.
I am voluntarily participating in a program of personal growth (hereafter the “Experience”) sponsored and operated by the ORGANIZERS, the name, date, and location of which are given above. The Experience will involve a variety of activities, including, but not limited to meditation, challenging physical, mental, and emotional activities conducted indoors during day (the “Activities”). The same elements which contribute to the unique character of the Experience and the associated Activities can cause loss or damage to personal property, accidental injury, illness, or, in extreme cases, permanent trauma, disability. The ORGANIZERS as a matter of integrity and accountability want me to know in advance of the inherent or potential risks of the Experience and the associated Activities. I understand that the ORGANIZERS will take reasonable steps to seek to provide a safe environment. However, I also understand that certain risks are inherent in the Experience and cannot be eliminated without destroying the unique character of the Experience and the Activities.
The risks discussed above include, but are not limited to:
-risks associated with physical activities including slips and falls, bruises, sprains, lacerations, fractures, and concussions;
-damage to property owned by me or by others;
risks associated with traveling by land or air to and from the Experience site or to and from a site of emergency medical care.
-risks associated with combining the experience with medication, recreational drugs, alcohol and cigarette use.
-risks associated with the contraction COVID-19 or other communicable diseases
I understand that this list is not complete and that other unknown or unanticipated risks may result in property loss, serious injury, illness, or death.
4. Medical Information.
I attest that (1) I have no medical, physical, mental, or emotional conditions which could interfere with or affect my safety while participating in the Experience and the Activities, and I am fully capable both physically and mentally of participating in the Experience and associated Activities without causing harm to myself or others; or (2) if I have, or suspect I may have, any such condition I have disclosed it fully to the ORGANIZERS. I further certify that I have no past or present physical or psychological condition that might affect my participation in the Experience or the Activities.
I understand that certain medical and psychological conditions may increase the risk of my participation in the Experience. I release and forever discharge the ORGANIZERS from any liability or claims for any injuries to me which are a direct or indirect result of my medical or psychological condition.
5. Special Risks Associated with COVID-19.
The novel coronavirus, “COVID-19,” has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious.
It is unfortunately not possible to prevent the presence of the disease. Therefore, if you choose to utilize the ORGANIZERS’ services and/or enter onto ORGANIZERS’ premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
6. Assumption of risk.
I understand and agree that the ORGANIZERS are not and cannot be a guarantor or insurer of my safety or well-being. I agree to act with reasonable care for my well-being and the well-being of all other people and property around me during the Experience and the Activities.
I also understand that swimming pools or other bodies of water that could be used for swimming may be present at the locations where the Experience is held and that swimming is not overseen by the ORGANIZERS as a formal part of the Experience.
I accept and assume full responsibility for all of the risks and hazards associated with participation on the Experience, whether known or unknown, including, but not limited to, 1) injury, death, or loss of personal property and related expenses which I may suffer as a direct or indirect result of those inherent risks and dangers described in this Agreement as well as those not specifically described; 2) any injury that I may cause to any other person or any damage that I may cause to the property of others, as a result of my negligence or wrongful conduct; 3) Contracting, and potentially transmitting to others, COVID-19.
7. Voluntary Participation.
I confirm that my participation in any and all Activities is purely voluntary, and that I may decline to participate in any of the Activities at any time.
8. Cancellations and Refunds for Workshops, Retreats and Training
In case of cancellation, you may transfer your reservation to another session or credit towards another service offered as long as you notify the ORGANIZERS two weeks prior to the workshop, retreat, or training events or in the event of illness. Since ORGANIZERS must pay deposits and other costs, all purchases are non-refundable.
If the venue cannot accept visitors due to COVID-19, participants will be offered an alternative set of dates and the ORGANIZERS team will work with the highest integrity to transfer or return your investment depending on the options available. Due to contractual obligations to our venue there can be no exceptions to this policy.
9. Copyright Infringement
The ORGANIZERS respect the intellectual property of others, and we ask our users to do the same. The ORGANIZERS may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against participants, users, subscribers, registrants and account holders who infringe the copyrights of others (or otherwise appear to violate the law).
10. Indemnification
You agree to indemnify The ORGANIZERS and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney fees and legal costs) which may arise by your actions from your breach of this Agreement or any of the terms herein, or from any acts related to your use of the Service. The ORGANIZERS reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to this indemnification. 11. Disclaimer of Warranty -YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS”, AND THE OWNER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE OWNER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS. OWNER DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR OTHER HARM TO YOUR SOFTWARE, HARDWARE OR EQUIPMENT, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. This disclaimer does not apply in all states, and therefore may not apply to you. 12. Limitation of Liability THE ORGANIZERS, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY SERVICES, GOODS OR MERCHANDISE FROM THE SERVICE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Owner be obligated to pay more than $1500 in cumulative damages (including recovered costs) per action. Some states do not allow a limitation of liability as set forth herein, and some or all of this provision may not apply to you.
11. Release
YOU HEREBY AGREE TO RELEASE THE ORGANIZERS, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SERVICE.
12. Miscellaneous-You may not assign or transfer this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be enforceable in full. Owner makes no representation that materials on the Service are appropriate and available. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Wyoming applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Wyoming. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
13. General Disclaimer
THE ORGANIZERS are unable to provide medical diagnosis, treatment, or care. Product and Retreat suggestions are complementary; THE ORGANIZERS do not encourage anyone to use these methods as an alternative to medical screening, treatment, and care. If you are currently being treated by a physician or other healthcare practitioner for any condition or disease, please consult with that provider prior to changing or modifying any treatment program.