Terms and Conditions and Privacy Policy
Last Updated on May 30th, 2017
TERMS AND CONDITIONS
Sumits Yoga Gilbert, LLC dba Aim Free Retreats (“Aim Free”)
Please carefully read the following Terms and Conditions relating to your registration for and participation in retreats, classes and programs (a “Retreat”) conducted by Aim Free. By registering for a Retreat, you (the “Attendee”) signify your acceptance of and obligation to comply with these Terms and Conditions. If you have objections to the following Terms and Conditions, you should not register for or attend any Retreat.
 
Assumption of Risk: 
Attendee hereby acknowledges and agrees that they understand the nature of the Retreat; that Attendee is in good health, and in proper physical condition to participate in the Retreat; that there are certain inherent risks and dangers associated with attending and participating in the Retreat; and that, except as expressly set forth herein, they, knowingly and voluntarily, accept, and assume responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Attendee’s participation in the Retreat. 
Release and Waiver: 
The Attendee hereby releases, waives, discharges, and covenants not to sue, Shane Edrington, Autumn Edrington, Sumits Yoga Gilbert, LLC and its members, managers, employees, contractors, agents or representatives, (collectively, the “Releasees”), from and for any liability resulting from any personal injury, accident or illness (including death), and/or property loss, however caused, arising from, or in any way related to, Attendee’s participation in the Retreat, except for those caused by the willful misconduct, gross negligence or intentional torts of the Releasees, as applicable. 
Indemnification and Hold Harmless: 
The Attendee also hereby agrees to indemnify, defend and hold the Releasees harmless 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, Attendee’s participation in the Retreat, except for those arising out of the willful misconduct, gross negligence or intentional torts of the Releasees. 
 
Confidentiality:
Attendee hereby acknowledges that the instruction, training, materials and information presented in the Retreat (the “Materials”) are confidential and proprietary to Aim Free. Attendee agrees not to record, duplicate, distribute, or perform the Materials other than for Attendee’s personal use without the express prior written consent of Aim Free. Any unauthorized use or distribution of these proprietary concepts, materials and intellectual property by Attendee is prohibited.
General Privacy Policy:
Anything said or done during our retreat should be held in confidence by all attendees. Aim Free will not share Attendee information with any unaffiliated third party. Aim Free and its affiliated third parties may utilize Attendee information in order to communicate future products and services to Attendee.
 
Permission to Use Likeness/Name:
The Attendee further agree to allow, without compensation, Attendee’s likeness and/or name to appear, and to otherwise be used, in material, regardless of media form, promoting Aim Free, the Retreats, and/or its events and activities, including those of its representatives and licensees.
CANCELLATION AND REFUND POLICY
 An initial deposit of $500 is required for registration for a Retreat and is NON-REFUNDABLE.
 The payment balance is due in full 60 days prior to the first day of the Retreat.
 Aim Free will refund 50% of the payment balance (excluding the deposit) if Attendee cancels more than 30 days prior to the first day of the Retreat.
 If Attendee cancels within 30 days of the Retreat all payments are forefeited.
 Registration for a Retreat within 60 days of the Retreat start date must be PAID IN FULL and is subject to the refund policy listed above.
 No exceptions.
EXCLUSION OF CERTAIN DAMAGES: 
NOTWITHSTANDING ANY PROVISION IN THESE TERMS AND CONDITIONS TO THE CONTRARY, IN NO EVENT SHALL AIM FREE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS BE LIABLE TO ATTENDEE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE BASIS OF THE CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT AIM FREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AIM FREE’S MAXIMUM LIABILITY TO ATTENDEE FOR ANY CLAIM ARISING FROM ATTENDEE’S REGISTRATION FOR OR PARTICIPATION IN A RETREAT WILL BE THE AMOUNT ATTENDEE PAID TO AIM FREE FOR SUCH RETREAT.
Dispute Resolution:
The Parties agree that in the event of a dispute arising from these Terms and Conditions or Attendee’s registration for or attendance at a Retreat, the aggrieved party shall give written notice of the dispute to the non-complying party. Upon receipt of such notice, the parties will negotiate in good faith to resolve the dispute for at least a seven-day period following notice to the non-complying party. If such discussions fail to produce a resolution to the dispute, the parties will submit the dispute to binding arbitration under the commercial expedited arbitration rules of the American Arbitration Association by one arbitrator appointed in accordance with such rules then prevailing. The arbitration shall be held in Phoenix, Arizona. The filing cost and arbitrator fees will be borne equally by the parties unless otherwise determined by the arbitrator. All other costs and fees incurred by either party in preparation for, investigation of, or prosecution of, mediation or arbitration, will be the responsibility of the party incurring the cost or fee unless otherwise determined by the mediator or arbitrator.
Waiver of Trial by Jury: 
THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WITH THE BENEFIT OF COUNSEL WAIVE TRIAL BY JURY IN ANY ACTIONS, PROCEEDINGS, CLAIMS OR COUNTER-CLAIMS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS AND CONDITSIONS OR ATTENDEES REGISTRATION FOR OR PARTICIPATION IN A RETREAT.
Enforcement Costs: 
If Aim Free institutes an action or proceeding to enforce any rights arising under these Terms and Conditions or any other agreement related to Attendee’s registration for or attendance at a Retreat, and Aim Free prevails in such action or proceeding, Attendee will be obligated to pay all reasonable attorneys' fees and costs incurred by Aim Free to enforce such rights, such fees and costs to be set by the arbitrator or the court, as applicable, not by a jury, and to be included in the judgment entered in such proceeding.
Governing Law and Venue:
These Terms and Conditions and your participation in any Retreat shall be governed by the laws of the State of Arizona, excluding it conflict of laws. Attendee hereby agrees to submit to the exclusive personal jurisdiction of the State and federal courts located in Maricopa County, Arizona and hereby waives any claim of forum non conveniens.
FOR ATTENDEES WHO DID NOT REGISTER ONLINE AND WILL SIGN AT THE RETREAT OR MAIL IN A SIGNED COPY OF THE TERMS AND CONDITIONS INCLUDE THE NEXT TWO PARAGRAPHS AND SIGNATURE LINE.
Counterparts:
These Terms and Conditions may be executed in several counterparts, all of which taken together constitute a single agreement between the parties.  
Facsimile and Electronic Signatures:
Signatures received via facsimile or other electronic means, including in a digitally produced format (.tif, .pdf, .doc, .gif., etc.), will be deemed originals, unless otherwise expressly set forth in a clear and conspicuous manner elsewhere on the page or file that contains the facsimile or electronic signature. 


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