12. Intellectual Property Rights: I understand that Aloe and Alchemy LLC retains all ownership and intellectual property rights to the content and materials provided to me or through the services, including all copyrights and all trademarks belonging to Aloe and Alchemy LLC. I understand and agree that the services, content and materials are provided to me for my individual use only with a single user license. I understand that I am not allowed to share post, copy, sell, trade, exploit, or otherwise disseminate any portion of Aloe and Alchemy LLC services, content or materials electronically or otherwise, without the permission of Aloe and Alchemy, LLC.
13. Termination of the license granted by these terms. Engaging in prohibited behavior constitutes immediate grounds for termination of this license (and your attendance at the Retreat). Prohibited behavior is any objectionable behavior determined by Aloe and Alchemy LLC and/or its agents and includes, but is not limited to:
Making comments or engaging in conduct that is derogatory, hostile, harassing, or otherwise objectionable to the ordinary, reasonable person;
Engaging in comments or conduct that is disorderly or the obvious result of intoxication, impairment, or substance over-indulgence;
Disrupting the ordinary enjoyment of the Retreat by any other individuals present.
(all of the above determined in Aloe and Alchemy LLC's sole and exclusive judgment).
14. Media Release: I understand that by participating in TRR, I am consenting to photographs, videos, and or audio recordings that may contain by image or voice for current and or future use. I understand that I will not be compensated in any way. I understand that the videos or photos may be shared on social media with other clients, marketing materials, websites, or any other promotional resources for Aloe and Alchemy LLC.
15. Limitations of Liability/Release of Claims: I hear by fully and forever release Aloe and Alchemy LLC from any and all liability, damages, negligence, causes of actions, allegations, suits, sums of money, claims, or demands in law or equity, which I had currently have or may have in the future against Aloe and Alchemy, LLC. In no event will Aloe and Alchemy LLC be liable to me or any other person for any direct, indirect, special, incidental or consequential damages for any use, non-use and misapplication of information, personal injuries (including death), accidents, disease, discomfort, property damage, or other loss suffered, or any monetary loss that may be caused by Aloe and Alchemy LLC, or any of its affiliates, including but not limited to third parties. I also understand that any, and all disputes will be litigated under Michigan law.
Aloe and Alchemy, LLC is not a licensed medical, legal, or financial professional. All information provided by Aloe and Alchemy, LLC at TRR is purely educational. Aloe and Alchemy, LLC does not guarantee any specific results from TRR. THE MAXIMUM AMOUNT OF LIABILITY FOR WHICH COMPANY WILL BE RESPONSIBLE UNDER THIS AGREEMENT IS THE ACTUAL, OUT-OF-POCKET DAMAGE DONE TO ME DUE TO COMPANY’S GROSS NEGLIGENCE. Aloe and Alchemy, LLC (AND/OR ITS OFFICERS, SUBSIDIARIES, OR ASSIGNS) WILL NOT BE LIABLE TO ME OR ANYONE ELSE FOR ANY UNFORESEEABLE DAMAGES ARISING OUT OF THIS AGREEMENT. If, despite the previous sentences, liability is imposed upon Aloe and Alchemy, LLC, Aloe and Alchemy, LLC’s responsibility for damage under this Agreement will not exceed the fees actually paid for my admission to TRR. Aloe and Alchemy, LLC will not be liable for any loss or damage resulting from protocols that might affect Client’s physical or mental health.
16. Law and Jurisdiction. These Terms will be governed and interpreted by the laws of the State of Michigan applicable to contracts entered into and entirely performed within that state, regardless of conflicts of law principles. The state and federal courts of Northville, Wayne, MI (or, if no such court exists, as close as possible to that location) will be the exclusive forum and venue to resolve disputes arising out of or relating to this Agreement and I agree to exclusive jurisdiction in such venue.
17. Miscellaneous. If any term or provision above is determined by a proper court to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability will not affect the remaining Terms, which will continue to be in full effect. These Terms constitute the entire agreement between myself and Aloe and Alchemy, LLC, superseding and replacing any prior or contemporaneous conversations, documentation, or agreements regarding TRR, and cannot be modified except in a written document, signed by myself and Aloe and Alchemy, LLC. If I breach this Agreement and Aloe and Alchemy, LLC do not enforce the terms of this Agreement, the waiver of that breach will not affect Aloe and Alchemy, LLC’s ability to enforce the terms of this Agreement at any time.
In consideration of the opportunity afforded to me and with full knowledge and acceptance of the risks associated with international travel, I hereby release, indemnify, hold harmless and covenant not to sue Aloe and Alchemy LLC, its trustees, officers, employees, volunteers, agents, representatives, and any other person involved with TRR, either directly or indirectly, from all claims, suits, expenses, attorney fees and demands of any nature (including negligence) caused by, deriving from, or associated with my participation in TRR and related activities, including the travel to and from the Program or to any events associated with this Program.
I make these covenants, release and waivers knowingly and voluntarily. It is further understood and agreed that this International Travel Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement is to be binding on my heirs and assigns and I sign it of my own free will.