Ecstatic Love Group Program Agreement
This Group Program Agreement, hereinafter referred to as "Agreement," is made between the group program organizer ("Organizer"), specifically as follows:
Way of Devotion, a limited liability company, organized under the laws of the state of Florida, having its principal place of business at the following address:
9200 NW 39th Ave, Ste 130-78
Gainesville, FL 32606
Website Address: https://wayofdevotion.com (the "Website")
Email: info@wayofdevotion.com (the "Business Email")
and you, as a participant (hereinafter referred to as "you" or "Participant") in the group program ("Group Program"), defined further below.
Your participation in the Group Program is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By clicking "Purchase," "Confirm," "Attend," or undertaking any other affirmative action manifesting your intent to participate in the Group Program, including providing the Organizer with credit card or billing information to be charged for your participation, you acknowledge and agree that you are entering into a legally binding agreement with the Organizer.
YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO PARTICIPATE IN THE GROUP PROGRAM.
Organizer and Participants may be referred to individually as "Party" and collectively as the "Parties."
Article 1 - GROUP PROGRAM:
Organizer agrees to provide, organize, and maintain the following Group Program:
Ecstatic Love: 8-Week Group Mentorship for Feminine Practitioners
Dates of Group Program: TBA
Description of Group Program:
An 8-week online group program for women ready to learn and practice yogic intimacy and the sacred feminine arts. Classes meet once per week for 8 weeks. Each class is approximately 2 hours long. Program includes lifetime access to class recordings, a private telegram group for receiving support and staying connected in between classes, and weekly practice suggestions and guidance from Nina.
Access URL For Group Program: You will receive the access link via email upon registration.
Total Fees:
Early Bird Tuition: xxx USD ("Total Fees")
Regular Tuition: xxx USD ("Total Fees")
Any additional applicable details for the Group Program will be made available to you prior to purchase or confirmation. Such details will be provided by Organizer. Any such page, text, or email including any additional details for the Group Program is hereby incorporated by reference and shall be considered part and parcel of this Agreement.
Article 2 - CONFIRMATION:
In order to secure your spot in the Group Program, the following steps must be taken:
Participants will complete the entirety of the Group Program purchase on the Website, as listed above.
At the conclusion of these steps, you will receive a confirmation email which will outline the details of your completed registration. If you do not receive a confirmation email within three (3) days of completing your registration, please contact Organizer.
Organizer may request the provision of additional information, such as identification and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the Group Program.
Article 3 - GROUP PROGRAM TERMS:
The Group Program and any of its accompanying materials may not be shared with any party. If we suspect that the Group Program or Group Program materials are being shared and/or that you have shared your log-in information or private class recording links with any party, we reserve the right to immediately terminate your access to the Group Program, in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Group Program. You hereby acknowledge and agree:
You are solely and exclusively responsible for the choices that you make with regard to this Group Program, the materials contained within it, or any significant changes to your business or life;
You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
We are not liable for any result or non-result or any consequences which may come about due to your participation in the Group Program;
This Group Program does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
Article 4 - PAYMENT:
At the time of initial registration into the Group Program, you must pay the Total Fees as outlined in Article 1.
Payment plans are available for the payment of the Group Program. Such payment plans are outlined as followed:
First 33.3% of Group Program payment is due upon registration.
Second 33.3% of Group Program payment is due in 30 days from initial payment.
Third 33.3% of Group Program payment is due in 60 days from initial payment.
If the Total Fees are not received by Organizer by timeframes specified above, your spot may be canceled without prior notice. Organizer reserves the right to suspend or terminate Participant’s access to the Program due to nonpayment, including all Program materials and access to private groups.
Article 5 - CANCELATION AND REFUNDS:
Organizer may cancel the Group Program for any reason, unrelated to an individual Participant, in the Organizer's sole and exclusive discretion. If Organizer cancels for any commercial reason, all Participants are entitled to receive back any and all monies paid to the Organizer on a pro-rata basis. Organizer shall not be responsible for any fees paid by Participant to any third parties.
Participant may request a refund within 48 hours after the first live class on October 25, 2023. After 48 hours, the registration fee is non-refundable. No refunds will be issued after 2pm ET on October 27, 2023. If a refund is issued, a $100 cancellation fee will be deducted from the total. All requests must be sent via email in writing.
Please note that the cancellation and refund policy outlined above applies to the Ecstatic Love program and may not be applicable to other programs or services on this website.
Article 6 - REGISTRATION TO USE WEBSITE:
Participants may be asked to register to use Organizer's Website. Participants will choose a unique identifier and password. Participant is responsible for ensuring the continued accuracy, security, and confidentiality of this information. Participant may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality. Providing false or inaccurate information, or using the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Article 7 - RELEASE OF LIABILITY:
Participant hereby releases Organizer, as well as any of Organizer's affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Participant's dispute with any other Participant.
Article 8 - TERMINATION:
This Agreement shall continue until canceled as specified above by either Party or until the Participant completes the Group Program. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 9 - INTELLECTUAL PROPERTY:
Participant acknowledges and agrees that the Organizer's name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organizer or its affiliates, licensors, or suppliers.
Participant acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Organizer and its affiliates, licensors, and suppliers.
Organizer may provide Participant with certain information as a result of participation in the Group Program. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Group Program ("Materials"). Subject to this Agreement, Organizer grants you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Group Program. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Group Program, your cessation of participation in the Group Program, or at the termination of this Agreement.
Participant expressly agrees not to do anything inconsistent with Organizer's ownership of all of the intellectual property discussed herein. Participant further agrees that there are no rights, title, or interest in or to any of the Organizer's Intellectual property. In addition, Participant is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Organizer or any third party, with the exception of the license granted above.
Participant understands that all materials used in the Group Program are confidential and proprietary in nature and other than for their own personal use, they will have no future right to these materials or processes in any way without express training, written permission, and licensing by the Organizer.
Article 10 - MEDIA RELEASE:
The Group Program will be recorded via audio and video by Nina Lombardo and Way of Devotion, LLC.
Participant agrees to be filmed and/or photographed, and thereby consents to their image being used by Nina Lombardo and Way of Devotion, LLC. Participant understands that they may be subject to photographs, video, sound recordings, or other media captures of their face, name, or likeness. In consideration of their participation in the Group Program, the Participant hereby irrevocably and voluntarily consents to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitization, and/or release of the Released Media, as defined below, for any legal reasons or purposes, including but not limited to social media, commercial products, education materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.
The Released Media will include but is not limited to: all photographs, videos, sound recordings, and all other media currently known or hereinafter developed, captured of Participant or Participant likeness during the Program.
Participant hereby releases Nina Lombardo, Way of Devotion, LLC, and any other person associated with the aforementioned persons and entities from any and all claims and demands arising out of connection with any use of the Released Media, including without limitation, claims for privacy violations, right of publicity claims, defamation, and/or any other intellectual property rights. Participant claims no ownership of the Released Media and foregos any opportunity, whether past or present, to copyright or trademark the Released Media.
Article 10 - RESTRICTIONS:
Participant is prohibited from selling or reselling Participant's space in the Group Program, unless Participant has specifically executed a written agreement with Organizer that expressly allows for such activity.
Article 11 - INDEMNIFICATION:
Participant agrees to defend and indemnify Organizer and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Participant's participation in the Group Program, Participant's breach of this Agreement, or Participant's conduct or actions. Participant agrees that Organizer shall be able to select its own legal counsel and may participate in its own defense, if so desired.
Article 12 - REPRESENTATION:
Participant agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement or that they have their parent or guardian consenting for them to participate in the Group Program.
Article 13 - SEVERABILITY:
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
Article 14 - DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organizer will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Article 15 - GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of Florida without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Alachua County.
Article 16 - HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.