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Terms of Use, Disclaimer & Policies

Terms of Use 

 

General

This website (the “Site”) is owned and operated by Be Free by Shawna Thibodeau. www.shawnathibodeau.com ("Shawna Thibodeau", “Shawna”, ”me", "us", “our”). By using the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Disclaimer, our Policies and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Be Free by Shawna Thibodeau. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use. Registration and purchase of any Be Free by Shawna Thibodeau. product or service also constitutes use of the Site and your understanding and agreement to the Terms of Use, Disclaimers and Policies. 

 

Be Free by Shawna Thibodeau reserves the right to change these Terms of Use and/or Policies to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

 

 

Disclaimer

In using the Site and any Be Free by Shawna Thibodeau services, programs and products, the user agrees that they are aware and understand the following:

  • Be Free by Shawna Thibodeau offers the following complementary & alternative services: holistic counselling, wellness coaching, spiritual counselling, Cognitive Behavioural Therapy, meditation classes, group programs, online programs & wellness workshops and events.

  • Be Free by Shawna Thibodeau is not a Medical, Psychiatric or Psychotherapy Facility. Be Free by Shawna Thibodeau Inc. does not offer therapy or psychotherapy and services should not be considered this. 

  • Shawna Thibodeau holds a Bachelor of Science in Kinesiology from McMaster University as well as a Bachelor of Science in Nursing from Trent University.  Shawna Thibodeau is also a certified Meditation Facilitator from Naturality, Hamilton and completed Cognitive Behavioural Therapy Fundamentals from University of Toronto. Shawna is not a licensed therapist, psychotherapist, psychologist, psychiatrist or medical doctor nor is she trained in Western diagnosis and treatment. She will not be making suggestions about altering your current medical/psychiatric or professional care or prescriptions. 

  • The information contained within the Be Free by Shawna Thibodeau web site (www.shawnathibodeau.com) or within Be Free by Shawna Thibodeau services and material (services and material includes emails, Facebook and social media content, counselling & coaching services, Radiant Mind Academy online program, classes, and workshops) are not a substitute for professional advice such as from a Medical Doctor, Psychiatrist, Psychologist or Therapist of any kind. The information provided by Be Free by Shawna Thibodeau or Shawna Thibodeau does not constitute legal or medical professional advice nor is it intended to constitute such advice.

  • Any decisions you make, and the consequences thereof are your own. Under no circumstances can you hold Be Free by Shawna Thibodeau or Shawna Thibodeau, liable for any actions that you take. By using www.shawnathibodeau.com, Be Free by Shawna Thibodeau counselling & coaching services, or any material and programs presented by Shawna Thibodeau, you agree not to hold Be Free by Shawna Thibodeau or Shawna Thibodeau liable for any loss or cost incurred by you, or any person related or associated with you, as a result of materials or techniques, or coaching, offered by Be Free by Shawna Thibodeau or Shawna Thibodeau.

  • The content of this site has been written for the general interest and information of the reader. Be Free by Shawna Thibodeau believes the facts are correct at the time of creation, but there may be certain errors and omissions for which Shawna Thibodeau can not be held responsible. Although Be Free by Shawna Thibodeau believes the content to be accurate, complete and current, Be Free by Shawna Thibodeau Inc. makes no warranty as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information before relying on it.

  • Be Free by Shawna Thibodeau or, Shawna Thibodeau makes no representations about the suitability of the content of this site for any purpose. All content is provided “as is” without any warranty of any kind.

  • You shall indemnify Be Free by Shawna Thibodeau or Shawna Thibodeau, in the event of any such claim, including but not limited to any claims made against the CEO of Be Free by Shawna Thibodeau by any person related or associated with you. Nothing in the content materials shall be considered professional medical, mental health or pharmacological advice.

  • Be Free by Shawna Thibodeau material and coaching sessions are for adults, age 16 or older. Be Free by Shawna Thibodeau or Shawna Thibodeau and www.shawnathibodeau.com reserves the right to refuse service for any reason.

  • Results for anything offered by Be Free by Shawna Thibodeau are not guaranteed. Be Free by Shawna Thibodeau or Shawna Thibodeau and www.shawnathibodeau.com holds no responsibility for the actions, choices, or decisions taken or made by the client or customer.

  • Information, skills and practices provided by Be Free by Shawna Thibodeau are alternative health recommendations. Any loss, injury or damage to the participant that occurs after receiving services from Be Free by Shawna Thibodeau are not at the fault of Shawna Thibodeau or Be Free by Shawna Thibodeau.

  • Diagnosing psychological, psychiatric, or medical conditions is for trained medical professionals (Physicians and Therapists), not for a counsellor, coach or meditation teacher. 

 

Links to Other Sites

Some of the sites listed as links herein are not under the control of Be Free by Shawna Thibodeau or Shawna Thibodeau. Accordingly, Be Free by Shawna Thibodeau and Shawna Thibodeau makes no representations whatsoever concerning the content of those sites. The fact that Be Free by Shawna Thibodeau or Shawna Thibodeau has provided a link to a site is not an endorsement, authorization, sponsorship or affiliation by Be Free by Shawna Thibodeau or Shawna Thibodeau with respect to such site, its owners or its providers. Be Free by Shawna Thibodeau or Shawna Thibodeau is providing these links only as a convenience to you.

 

If you do not agree to the above terms of use and disclaimer, please do not use Be Free by Shawna Thibodeau or Shawna Thibodeau’s website (www.shawnathibodeau.com) and counselling & coaching services and programs.

 

Privacy

Be Free by Shawna Thibodeau highly respects the privacy of users, followers and clients.

 

When is personal information collected?

Be Free by Shawna Thibodeau (Shawna Thibodeau) may collect and store personal or other information that you voluntarily supply online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). Shawnathibodeau.com only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our free newsletters or have purchased one of our products. Shawnathibodeau.com collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration to receive our free newsletters and name, postal address, and credit card information when purchasing our products. All of this information is provided to us by you.

 

In addition to basic contact information, the site and its associated third-party social media components, as well as the site’s analytics trackers, may also collect other information including non-personal identifying information obtained by storing a “cookie” on your computer. This may include the operating system you are working on, the Internet browser you are using, and the screen resolution of your computer.

 

If you are concerned about privacy on associated third-party social media components (Twitter, Facebook, Google or other services that may be added at a later date) please refer to the privacy policies on those sites.

 

Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. Be Free by Shawna Thibodeau cannot be responsible for any unauthorized third-party use of such information.

  

How does Be Free by Shawna Thibodeau use personal information?

Depending on where you have provided personal information, Be Free by Shawna Thibodeau and Shawna Thibodeau may use your information in a number of ways.

 

The email address you provide through a subscription to any emails and/or free trainings Be Free by Shawna Thibodeau offers, enables me to send you such newsletters. This subscription is entirely opt-in by the user. (I cannot subscribe you to the newsletter, as you personally must have access to the email account in order to verify the subscription.) Subscribers can opt-out of any newsletter at any time by clicking the “Unsubscribe” link that is present on the bottom of every email.

 

The email address that you use when contacting me either directly to my email address or through the form on this site will not be used for any reason but to respond to your inquiry.

 

If you choose to comment about my website or services over Twitter and/or through my Facebook page, I do not get access to your email address, nor do I gain any access to your personal data or private information.

 

Under no circumstances will I share your email address or personal information with any third parties. Such information may be used for data analytics, but I do not sell or share individual personal data or email addresses with anyone, or allow them to be used for mailings that you have not asked to receive.

 

All information shared for billing or for sessions is held in strict confidence. Your personally identifiable information is never sold, traded, or given away.

 

By participating in Be Free by Shawna Thibodeau surveys, contests, public discussions and public activities, you may share personal information to the public. By participating and sharing personal information you are agreeing to have this information as public and agree that it may also be shared by Be Free by Shawna Thibodeau.

 

Personal information collected through client intake forms, assessment forms and any forms and activities used in coaching sessions will be kept strictly confidential and will only be used for the intended purposes of coaching sessions. No information will be shared with the public unless consent from that person is obtained.

If you have any questions about privacy, please contact me at befree@shawnathibodeau.com.

Policies

 

Pre-paid Coaching sessions and coaching packages & programs:

  • Are non-refundable

  • Pre-paid sessions can be re-scheduled if Shawna is given 24hours notice of cancellation.

 

Refund Policy for Workshops, Coaching Programs, Events and Online Programs

  • These services are non-refundable.

 

Online Programs

  • Are non-refundable.

  • Please be advised that the Radiant Mind Academy program content is subject to change at any time. The Radiant Mind Academy Facebook page may need to be discontinued due to unforeseen reasons or risks. The content of Radiant Mind Academy may need to be removed at any time due to unforeseen reasons or risks. If this is to happen, refunds are not available. 

  • It is the users’ responsibility to download available material at time of purchase.

  • User agrees not to share and distribute material without permission of Shawna Thibodeau.

 

Coronavirus Policies

To ensure the highest standards of cleanliness and prevent the spread of COVID-19, Be Free follows the most recent government regulations for Covid-19. 

No current regulations in place as per government regulations. We will be closely monitoring the status and regulations related to coronavirus and changes will be made as government regulations change. Please let us know if you have any concerns or questions by emailing befree@shawnathibodeau.com

 

Final Disclaimer

 Terms of use, policies and program material may be changed at any time at the discretion of Be Free by Shawna Thibodeau. If you have concerns or questions, please email befree@shawnathibodeau.com.

 

 

RETREAT POLICIES, AGREEMENT & TERMS OF PURCHASE

Last updated: December 12, 2022


You (hereinafter: the “Participant”) understand that by clicking the payment button, entering your credit card and/or debit card information, making a cash, PayPal or Stripe payment, or otherwise enrolling,
electronically, verbally, or otherwise, that you agree to be enrolled in the retreat provided by Be Free by Shawna Thibodeau, a sole proprietor in the Province of Ontario (hereinafter: the “Company”). The
Company is facilitating retreats (hereinafter: the “Retreat”). You hereby understand that you are entering into a legally binding Agreement with the Company and are subject to the following terms:

 

1. TERMS OF PURCHASE


1.1 The intended purpose of this policy is to inform the Participant of the Terms of their Purchase and any information regarding the deliverance of products, enrollment and participation in the Retreat.
 

1.2 The Retreat is an experience hosted and facilitated by the Company on the terms as outlined at the check-out and sales page, whereby individuals will come together to participate in a series of activities. The Participant understands that no accommodation is booked expressly on behalf of the Participant nor is transportation to and from the Retreat expressly included in this offer.
 

1.3 The Participant accepts that additional communications relating to the Retreat may be communicated to the Participant post registration of attendance, and closer to the commencement date of the Retreat. The Participant understands that select modifications to the Retreat may take place, and that the Company will ensure a replacement or substitution of greater or equal value is confirmed.
 

2. PARTICIPANT RESPONSIBILITIES
 

2.1 The Participant understands that they are fully responsible to attend any sessions, activities or scheduled programming included in the Retreat during which the Participant agrees to communicate honestly, be open to feedback and assistance, and to create the appropriate time and energy to participate in the Retreat.
 

3. PURCHASE PRICE AND TERMS OF PAYMENT
 

3.1 The Participant has been offered multiple payment options at checkout. To secure one’s attendance for the Retreat, the Participant must submit a non-refundable reservation deposit equal to the equivalent of Thirty-Three percent [33%] of the total purchase price (hereinafter: the “Reservation Deposit”).


3.2 In addition to the Reservation Deposit, the Participant understands that payment of the purchase price shall be due on the date of purchase or as otherwise offered in the payment options. The appropriate payment amount will be reflected upon checkout. The Participant will be liable for all of the payments subject to the Refund policy herein.

 

4. METHODS OF PAYMENT
 

4.1 The Company accepts payment methods as indicated on the checkout page. If given the option to pay via installments, the Participant authorizes the Company to charge their payment account with the terms of the payment option selected for the duration of the agreed-upon payment plan. It is the Participant’s responsibility to ensure payments are made on time. The Participant understands the Company will not accept payment made by cheque.


4.2 The Participant authorizes upon their first transaction for the Company to charge their credit card account provided in accordance with the payment plan the Participant has selected. The Participant agrees
to provide complete, current, and accurate payment information and to update the Company should any payment information change, prior to the payment due date.

 

4.3 The Participant accepts that if they are unable to adhere to the payment schedule, they must provide notice to the Company forty-eight [48] hours prior to the due date of the payment. If the Participant does not provide notice, the Client understands that any delay in the payment may be subject to termination of this Agreement, and refusal of access to the Participant to the Retreat. If any payments to the Company are delayed, the Participant agrees to pay all amounts due upon demand.


4.4 The Participant agrees that the charges on their credit card in compliance with the terms herein are irrevocable, undisputable and may not under any circumstance be charged back, contested or challenged now or in the future. The Participant understands that doing so would be a material breach of this. Agreement in which the Company would be entitled to legal fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. Should the Participant not pay the amount submitted within ten [10] days, the Company will turn it over to a collections agency. The Participant
further agrees that signing of this Agreement is proof of purchase and all that is necessary to establish to the credit card agency or banking institution to deny a chargeback to the Participant.

 

4.5 The Participant understands by accepting the payment terms herein, that they are voluntarily electing to participate in the Retreat, and financially willing and able to invest in the Retreat by choice as effected by their signatures herein. The Participant is attesting that by doing so, they are not in any way incurring economic hardship and are aware of Section 5: Refund Policy.
 

5. REFUND POLICY
 

5.1 The Participant understands that registration of the Retreat will be subject to the following refund policy: (a) if the Participant paid in full, and provided notice as required under Section 8: Termination and Cancellation, the Participant may be eligible to a refund exclusive of the Reservation Deposit; (b) if the Participant paid in installments, and provided notice as required under Section 8: Termination and Cancellation, the Participant may be eligible to a refund of any amounts paid to the Company exclusive of the Reservation Deposit.
 

5.2 Upon registration of their attendance, the Participant understands that subject to the refund policy herein, all sales are considered final and are not eligible for any refund under any circumstance, be it known or unknown, now or in the future. The Participant further agrees and understands that changing their mind about the retreat, failing to complete, follow through or understand the details of the Retreat, not experiencing the results they expected or desired, or experiencing any other similar feelings or situations will not, under any circumstance, warrant a refund. The Participant accepts without dispute the Terms of the Refund Policy and waives any and all claims in connection with the refund policies herein. 
 

5.3 Price Readjustment. The Participant shall not be eligible for a price-readjustment, or refund of any kind to reflect a price-readjustment. The Participant understands that the price reflected at checkout on the date of purchase shall be the final price the Participant is subject to. Any promotions, last minute sales, price drops, incentives or bonuses offered prior to, or post purchase shall not apply to the Participant.

 

5.4 Refund Policy for Fort Erie & Lewiston Retreats: If using payment plan, the first payment/first instalment is non-refundable at any time of cancellation. If paying in full, 33% of payment is a non-refundable instalment at any time of cancellation. No exceptions to this policy. A 50% refund (on total amount) is available if cancelling 61-90 days from retreat start date. Then, due to limited retreat spots and costs to cover retreat, no refunds are available if cancelling 60 days or less prior to retreat. No transfer of dates available at any time. If one spot is cancelled in a double or trio getaway, the spot becomes open for another registration. Exchange for 5 Weeks of Manifestation or RMA DIY Digital online programs available if cancelling 60 days or less prior to retreat. If retreat is cancelled due to Covid-19 or any other reason, a 95% refund is provided. 

5.5 Refund Policy for International Retreats: See specific retreat webpage for each international retreats' refund policy.

6. TRAVEL TO RETREAT
 

6.1 The Participant acknowledges that they must secure travel to and from the location of the Retreat. The Company does not arrange airfare, or other transportation required to arrive at the location of the Retreat. It is the responsibility of the Participant to secure airfare or other travel arrangements to the location of the Retreat. The Company will not provide any assistance regarding transportation. The Company further bears no responsibility, nor liability, for any delay, cancellation or other of flights, trains, buses or any other form of transportation.


7. TRAVEL INSURANCE AND DOCUMENTATION


7.1 The Participant is solely and exclusively responsible for maintaining up-to-date and valid travel documentation inclusive of, but not limited to, passports, travel visas, applicable immunization and vaccination records, and/or other documentation required for entrance into the Retreat location country.


7.2 The Participant is strongly recommended to purchase and maintain travel and health insurance during the entire length of the Retreat inclusive of departure date and may be requested by the Company to provide proof of such travel and health insurance before arrival at the Retreat. Coverage should include, but not be limited to, to the following: illness, injury, property damage, loss of personal items, death, cancellation, and any other potential losses, damages, expenses and/or liabilities.


7.3 The Participant accepts that the Company is not responsible nor liable for any illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses
and/or liabilities the Participant may experience.


8. TERMINATION AND CANCELLATION


8.1 Either the Participant or the Company may terminate this Agreement under the following terms herein:
(a) The Participant must provide more than sixty-one [61] days written notice from the Retreat start date to be eligible for a partial refund subject to Section 5: Refund Policy;
(b) If the Participant provides more than sixty-one [61] days written notice from the Retreat start date, the Participant may be eligible for either a partial refund subject to Section 5: Refund Policy
or
(c) If the Participant provides less than sixty [60] days written notice from the Retreat start date, the Participant is eligible for an exchange of Company self-paced courses available at the discretion
of the Company, and election of the Participant.

(d) If the Participant provides less than sixty [60] days written notice from the Retreat start date, the Participant is not eligible for a refund subject to Section 5: Refund Policy due to administrative
costs associated with planning, and securing a retreat of this nature inclusive of location deposits, payments to chefs, co-leaders, practitioners and the like, in addition to limited retreat spots.
(e) In no circumstance shall the Participant be eligible to transfer their Reservation Deposit and/or payments to another future retreat date. The Participant acknowledges that the Retreat elected and
paid for, is the date chosen, and no transfers shall be accommodated.


8.2 Any written notice must be sent to the following email address: befree@shawnathibodeau.com.


8.3 In the event the Participant must leave the Retreat early, either by election or personal circumstance, or other reason either independent of the Retreat or directly connected to the Retreat, the Participant
understands that they are able to leave at any time, but early departure shall not constitute grounds for a refund of any kind. Reasons connected to the Retreat may include, but are not exhaustive of, anxiety or
trauma resulting from activities connected to the Meditation, Coaching sessions or other activities facilitated by the Company. The Participant acknowledges such risks and understands the terms herein.

 

8.4 The Participant understands that the Company retains the right to limit, suspend, or terminate the Participant’s attendance at the Retreat without refund if the Participant (i) becomes disruptive or difficult
to work with, (ii) fails to follow program and retreat guidelines, (iii) is found to harass other participants of the Retreat or harass the Company, (v) or is negatively speaking about the Retreat and/or services
offered by the Company in public forums without prior consultation with the Company. The Participant understands that any money owing to the Company at the time of Termination will become due at the
effective date of Termination. 


8.5 The Company further reserves the right to accept and/or deny any Participant participation in the Retreat, or in select activities on the Retreat, based on the grounds of health or fitness. The Company shall
not discriminate on the basis of race, colour, creed, religion, age, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, pregnancy, marital or parental status, or any other
category protected by law.


8.6 The Company additionally reserves the right to change, and/or alter, any aspect of the Retreat at any time due to conditions in the retreat location, or with the administration of the Retreat. Any changes will
be notified to the Participants in advance of the Retreat. If cancellation is required due to low numbers the Company reserves the right to cancel the Retreat thirty [30] days prior to the Retreat commencement date if the minimum requirement of participants has not signed up. In such an event, the Company shall provide a partial refund less the Reservation Deposit subject to Section 24: Force Majeure.


8.7 In the event that Shawna Thibodeau is unable to lead and/or facilitate the Retreat for any reason, the Company shall make reasonably commercial best efforts to hire a substitute facilitator with
complimentary qualifications If such a substitute cannot be found, the Company shall provide a partial refund less the Reservation Deposit.

 

8.8 In the event that the Company is delayed to the Retreat due to a flight cancellation, transportation delay, or other event causing significant delays, the Participant acknowledges the schedule may change,
but the Company shall make reasonably commercial best efforts to ensure all sessions are held throughout the Retreat.


9. RESTRICTIONS AND PROHIBITIONS


9.1 The Participant is prohibited from selling, reselling, assigning or reassigning their space in the Retreat without written approval from the Company expressly permitting such activity and providing all details
required by the Company for such an activity to occur.


9.2 The following is prohibited while at the Retreat: (i) partying, hosting parties, or organizing parties in the accommodation rooms.


10. MEDIA RELEASE AND TESTIMONIALS


10.1 The Participant understands that the Company may want to share parts of the Retreat and/or results of the Retreat for future marketing purposes. The Company will not release any confidential or
proprietary information and will consult the Participant before such use. 


10.2 The Participant grants permission for the Company to photograph, and/or record any sessions, and/or work conducted in which the Participant is participating, and further acknowledges that the Company
may use the photographs, motion pictures, videotapes, recordings or any other record of the Participant’s participation in the sessions and/or work conducted for purposes of social media, website, advertising,
online courses and archiving. 


10.3 In the event the Participant provides a testimonial, the Participant grants full permission for the Company to use said testimonial for marketing purposes.
 

10.4 The Participant releases the Company from all claims by which the Participant may have now, or in the future, for compensation of any kind arising out of the Participant’s participation in the
aforementioned photographs, motion pictures, videotapes, recordings, or any other record of the Participants participation in the Retreat or related activities. 


11. HEALTH ELIGIBILITY


11.1 As part of the Participant’s Participation in the Retreat, the Participant accepts the following statements:

The Participant confirms:
(a) It is their responsibility to consult a physician prior to participating in the Retreat to ensure eligibility for any strenuous physical and/or mental activity during the Retreat.
(b) They have no pre-existing medical conditions, physical and/or mental, that would restrict their participation or cause potential harm during the Retreat.
(c) That if they experience any medical issues prior to, or during the Retreat, that they will contact their doctor and/or health care provider immediately at their own cost.

(d) That all information provided to the Company is accurate, up-to-date, and without the omission of any known medical issues.
(e) In the event they find themselves in pain or discomfort, prior to, during or after the Retreat that it is their responsibility to let the Company know.
(f) If they do require medical treatment or attention during or after participating in the Retreat, that all medical costs are the exclusive responsibility of the Participant.

 

11.2 The Participant consents to the Company contacting and speaking with the Emergency Contact as provided in the event of an emergency regarding the Participant's physical or mental health during the Retreat.


11.3 The Participant further bears responsibility to inform the Company prior to the Retreat if the Participant experiences a known-disability that might impact their ability to participate fully in the
Retreat, and to inform the Company if certain requirements need to be put in place to ensure increased accessibility. The Participant further acknowledges that neglecting to inform the Company may limit the
Participant's ability to fully participate due to limitations of the Retreat location, and/or offerings.

 

12. VOLUNTARY PHYSICAL PARTICIPATION


12.1 The Participant hereby acknowledges and agrees to voluntarily participate in certain physical activities as part of the Retreat, or during the Retreat. Physical Activities may include, but are not limited
to: (i) walking, (ii) yoga, (iii) fitness activities and embody movement, (iv) breathwork and/or other types of strenuous physical activity.

 

12.2 The Participant understands and is aware that their participation in the Physical Activities may involve a moderate to high level of risk, and such risk may lead to tangible or intangible harm. The
Participant agrees that such risk may be a result of their own action, or by the actions of others. With the knowledge and understanding of such risks, the Participant confirms and accepts on their own will and
volition to participate in physical activities.


12.3 The Participant further understands that there are risks that the Participant may not have considered, and confirms and accepts on their own will and volition to waive any claims they may have from the
unconsidered risks and choose to participate in the physical activities.


12.4 The Participant acknowledges and agrees that by attending the Retreat, the Participant consents to waive certain legal rights, inclusive of the right to take legal action against the Company, or any owners,
facilitators, agents, trainers, representatives, or facilities utilized in the Retreat from any physical, material, tangible or intangible, loss, damages, harm or death that may occur to the Participant while
participating in any physical activities as part of the Retreat, or during the Retreat.


13. WAIVER AND RELEASE OF LIABILITY FOR RETREAT


13.1 The Participant acknowledges that their decision to attend the Retreat is made with full knowledge of all information described above, and by the Company, and that they are attending by their own free will
and volition. The Participant agrees to be the sole party responsible for assumption of all risk involved in connection with the Retreat.

 

13.2 The Participant understands that international travel can be challenging and bears a higher level of risk and uncertainty compared to domestic travel. The Participant understands that such risk and
uncertainty cannot be eliminated by the Company. In the Retreat location, standards of accommodation, communication, technology, transportation, access to health care, and other infectious disease precautions, hygiene, safety, and service may not be comparable to those of the Participants home country and will require flexibility and patience on part of the Participant. The Participant accepts this and agrees to accept responsibility for their own safety and welfare while on the Retreat.


14. COVID-19 PRECAUTIONS


14.1 For any domestic or international retreats where COVID-19, or other medical conditions, are present, the Participant acknowledges it is their sole responsibility to comply with all government mandated entry requirements of the Retreat location and any policies enforced by the Retreat. The Company will follow government mandates in effect at the time of any retreat.
 

14.2 The Participant accepts they may be asked to present a negative COVID-19 test taken no more than three [3] days prior to the Participants arrival at the Retreat. If the Participant is positive within three [3] days of the Retreat, the Participant understands that they will be refused access to the Retreat, subject to Section 5: Refund Policy. At the time of entering into this Agreement, the Participant acknowledges this is a known-risk of purchasing the Retreat, and understands the implication of such risk.


14.3 The Participant assumes all risk of contracting COVID-19, inclusive of but not exhaustive of, any medical ailment, during the Retreat and during any travel to and from the Retreat and holds the Company
harmless for any consequences or damages of contracting such medical ailment.


15. INTELLECTUAL PROPERTY


15.1 Any designs produced by the Company for the Participant will remain the intellectual property of the Company and may not be used in any other form without prior written consent. The Participant is
provided with a non-exclusive, non-transferable single-user license authorizing the Participant to use the materials for their individual purposes only. Nothing in this Agreement shall constitute a transfer of
ownership of any intellectual property from the Company to the Participant.


15.2 The Participant agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property
provided by the Company or obtained through attending the Retreat, without the Company’s express written consent. If such behaviour is discovered or suspected, the Company reserves the right to
immediately end the Participant’s participation in the Retreat without refund, as well as access to any program or materials they may have purchased, without refund, and reserve the right to prosecute any
actionable infringement or misuse to the full extent of the law.  


16. DISCLAIMER


16.1 Any information relating to the Retreat on the website or any marketing channels is provided ‘as is’ and ‘as available’, meaning it is without any guarantees, representations, or warranties, including but not
limited to warranties relating to quality, fitness for a particular purpose, or expectation of performance. The Participant is choosing to attend the Retreat and work with the Company on a purely voluntary basis
and does not hold the Company responsible should the Participant become dissatisfied with any portion of the Retreat, or unable to complete any portion of the Retreat.

 

16.2 The Company makes no representations, warranties, guarantees or promises verbally or in writing pertaining to the achievement of any level of results from the Participant’s participation in the Retreat.
The Participant understands and agrees that they are voluntarily choosing to attend the Retreat and are solely responsible for any outcomes or results. The Participant acknowledges and agrees that the Company is not responsible nor liable to the Participant should the Participant sustain any injuries, incur harm, or encounter any negative ramifications. The Participant accepts that they are fully responsible for their own health and well-being, including participation in Retreat and any results therein. 

 

16.3 The Participant further understands the Company is solely responsible for activities planned throughout the retreat. The Company is not responsible for providing express accommodation(s) to the
Participation and/or transportation to and from the Retreat location.

 

16.4 The Retreat utilizes methodologies and techniques from several practice areas, including yoga, meditation, breathwork, embody movement, manifestation work, inner child work and other
methodologies within life coaching. By participating in this retreat you understand that you are solely responsible for your own health and well-being through the facilitated practices. Activities may include
walking, hiking, yoga, breathwork, physical, mental and emotional activities. The Participant is responsible to go at their own pace and respect their own personal limitations in any activity. The Retreat
is not, and shall not be understood, to be a competitive retreat.

 

16.5 By participating in the Retreat, you understand that the Company does not guarantee any specific results, outcomes or changes to the Participant’s current situation and the Participant will hold the
Company harmless if the Participant does not experience desired results.


16.6 The Participant understands and accepts that the Company is not a therapist, medical professional, registered nutritionist, psychologist or other agent held out to be a professional, nor shall any professional
be in attendance at the Retreat in this capacity. Nothing said or facilitated during the Retreat, inclusive of but not exhaustive of, Coaching, shall be taken as medical advice or considered to take the place of a
consultation with any such professional. The Participant understands that any activities during the Retreat are not therapy, and/or counseling, and do not substitute therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Participant confirms and agrees that they will not use the Retreat as a substitute for counseling, psychotherapy, mental health care or substance abuse treatment.


16.7 The Participant accepts that if they are currently under the care of a mental health professional, it is recommended that the Participant promptly inform the medical health care provider details of the nature
and extent of the Retreat. The Participant understands that if during the course of the Retreat, and/or leading up to the Retreat, the Company feels that the nature of the discussion is outside of the scope in
which the Company is able to provide services, that the Company may terminate this Agreement and access to the Retreat with a refund pro-rata and/or may notify appropriate authorities if the nature of the
discussion concerns reasonable harm to oneself or harm to others.

17. LIMITATION OF LIABILITY


17.1 The Participant agrees that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the services provided for, or in connection with the
Retreat. In no event shall the Company be liable to the Participant for any indirect, consequential or special damages. In consideration of and as part of the Participant’s payment for the right to participate in the Retreat, the undersigned, participant’s heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the
Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs,
demands and damages of whatever nature or kind in law or in equity arising from the Participant’s attendance and participation in the Retreat.


18. RELEASE OF CLAIMS


18.1 The Participant releases any right to claims against the Company to the maximum extent as permissible under applicable law. The Participant agrees that under no circumstances will the Company
be liable to any party for any type of damages resulting from or claiming to result from any use of, reliance on, attendance, or participation in the Retreat, and the Participant hereby releases the Company
from any and all claims, whether known or unknown, now or discovered in the future. 

 

19. NO NEGATIVE STATEMENTS OR ACTIONS


19.1 The Participant shall not, at any time, directly or indirectly, take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that
is derogatory, defamatory, libel or slanderous in nature to the Company or Retreat in any way. The Participant acknowledges that the Company retains the right to terminate access to the Retreat for any
violation of this section and may be entitled to injunctive relief.  


20. SEVERABILITY


20.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of
this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

 

21. MODIFICATIONS


21.1 The Company may modify this Agreement from time to time. Any modifications will be notified to the Participant, and the Participant may either continue under the new conditions or the Agreement will
be terminated. 


21.2 The Participant understands that without any notice to the contrary, by continuing under the new conditions after notification shall enforce the modified Agreement as effective and the Participant agrees
to be bound to any changes in the Agreement. 


22. DISPUTE RESOLUTION

22.1 In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent of the Parties, the Participant and the Company agree to attempt to mediate in good faith for up to thirty [30]
days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing Party in any legal action will be entitled to be paid by the other Party all costs and expenses incurred,
including, but not limited to legal fees. Damages will be capped at the eligible amount of the purchase price reflected at checkout.


23. WAIVER


23.1 The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every
provision of this Agreement. 


24. FORCE MAJEURE


24.1 Either Party may choose to be excused of any further obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the objective of the Retreat, such as: 
- an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricanes, flooding, storms or infestation);
- or other (inclusive of hostility, war, invasion); 
- or any hazardous situation created outside the control of either Party (inclusive of a riot, pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism). 

 

25. APPLICABLE LAW
 

25.1 This Agreement shall be governed by and under control of the laws of the Province of Ontario regardless of conflict of law principles, and regardless of the location of the Participant.
 

26. BINDING EFFECT
 

26.1 This Agreement shall be legal and binding upon the parties hereto and their respective successors and permissible assigns. The Parties each represent that they have the authority to enter into this
Agreement. 


27. CONTACT:


27.1 If you have any questions about these Terms, please contact us at: befree@shawnathibodeau.com.

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