Terms and Conditions
By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The Terms form a legally binding agreement between you and The Whole Experience Retreat Inc.
As used in this Agreement, “The Whole Experience Retreat Inc.”, “www.thewholeexperience.org”, “we,” “us, ” and “our” shall mean The Whole Experience and its subsidiaries and affiliates.
We may, at our sole discretion, modify or revise these Terms of Service, policies and price of services at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions.
The Whole Experience reserves the right to alter prices, capacity, or seating arrangements on the advice of the Government or competent authority in response to Coronavirus (COVID-19).
In the event of a Coronavirus (COVID-19) related government closure resulting in the cancellation of The Whole Experience Retreats, Members will be contacted via email and presented with options available to them. Members will have five business days ( 5 business days) to respond to us, indicating which option they select. Failure to notify us of your selection within five business days of the email being sent will result in forfeiture of the entire amount pertaining to the Retreat.
The Whole Experience is not required to provide a remedy, if:
- A Member is well but does not wish to attend an Event due to fears of exposure to Coronavirus (COVID-19); or
- A Member is unwell and does not attend an Event (other than due to Coronavirus (COVID-19) illness or symptoms); or
- A Member is from a group at a higher risk of Coronavirus (COVID-19); or
- A Member is denied entry into the Event when he/she does not abide by the mandatory conditions for attending the Retreat. For example, these reasons may include (but not be limited to) non-compliance with mandatory mask wearing or unwillingness to provide personal contact information when requested; or
If you are feeling unwell with Coronavirus (COVID-19) symptoms and you have paid for an upcoming event, contact The Whole Experience immediately to discuss your options. The Whole Experience strongly discourages Members to attend Events when they are exhibiting COVID-19 symptoms. We will work with the Member to find a remedy in the best interests of both the Member and The Whole Experience.
You acknowledge that a $500 non-refundable deposit is required to reserve your spot at The Whole Experience Retreat.
You agree to pay due installments on due dates. See individual payment plan for details.
If payment of either the deposit or installments is not received by the specified due date The Whole Experience Retreat reserves the right to cancel the reservation and retain the deposit and any money received prior to due dates. Any payment received 7-10 days late will incur a late fee of $100 USD.
You acknowledge and understand that You must retain travel insurance that includes sports activities and protects travelers in the event of trip cancellation. Please note that, in general, travel insurance must be purchased within two weeks of booking a reservation, with your preferred insurance provider to ensure compliance. Upon check-in at the Retreat, we will require a copy of proof of insurance.
You acknowledge that you shall be responsible for booking your own flights to and from The Venue and no cost of flight and transportation shall be borne by The Whole Experience.
The Whole Experience Retreat can accept no responsibility for delay or cancellation of any flights, trains, buses, or other forms of transport
It is your responsibility to ensure that you have all the relevant travel documentation (passport, visa, outbound tickets) and arrive at the Retreat on time
It is the Member’s responsibility to check the reservation and ensure that the particulars contained therein are correct.
In the event you cannot attend the Retreat, you will forgo your non-refundable/ non-transferable $500 deposit. If the cancelation takes place at least 60 days prior to the Retreat, any installments (not including the $500 non-refundable deposit), paid until that point can be transferred to another Whole Experience Retreat. The Retreat must be attended within the calendar year of which the original Retreat was booked. If the price point of the newly selected Retreat is higher than the original Retreat, the attendee will be required to pay the difference. If the price point is lower, no money will be refunded. If the attendee cannot find another Retreat to attend within the calendar year, no money shall be refunded. If cancellation occurs less than 45 days prior to the Retreat, no funds will be transferable to another Retreat.
In the event of an act of god or other reason beyond our control that forces us to cancel a Retreat. The Whole Experience Retreat will not compensate you for external costs such as airfare and other incidentals.
If there is an act of god or such other reason for which hosting of Retreat is deemed unsafe or attendance is expected to be less than 80%, The Whole Experience reserves the right to move the date of the Retreat to another time when it is safer/more conducive for the Retreat to be hosted. In either situation, The Whole Experience Retreat will credit you the funds paid up until that date to be used at a future Retreat.
You acknowledge that You have agreed to a shared room situation and will do your best to coexist with your roommate. In the event you have paid additional funds to reserve a private bedroom, subject to availability, the same shall be allotted to you.
You understand and acknowledge that The Whole Experience Retreat will do its best to accommodate any dietary restrictions and housing requests You have made. However, it does not guarantee that it will be able to address every need due to local/venue constraints. In the event you do not like the food or have the desire/need to order other food than what is being provided, that additional cost will not be covered by the Whole Experience. Further, before consuming the food you must be conscious and careful of your allergies and check the ingredients of the food. It is your responsibility to bring appropriate and suitable medicines for you for the afflictions that you may suffer during the Retreat.
While at The Whole Experience Retreat You will not hold Tameika Gentles or Whitney Gee responsible for any injuries, allergies or grievances that You may have against the venue or any additional services You receive during your time at The Whole Experience Retreat.
You acknowledge that You are held responsible to compensate for any damage You cause to the contents and/or furnishing of the premise during your stay, except for general wear and tear.
You shall not use the property except for permitted use and shall not use the property for any offensive, noisy, dangerous, illegal, entertainment, immoral, or improper purposes. You shall not do anything which may be a nuisance or detract from the positive environment of The Whole Experience Retreat and its guests, staff, or owners.
The Whole Experience Retreat accepts no liability for loss, damage, injury, or illnesses that may be received during the Member’s stay or traveling to and from the Retreat.
The Whole Experience Retreat reserves the right, at its sole discretion, to terminate the use of the property or any of its facilities by the Member in the event of any breach of these terms and conditions. The Member will be required to vacate the property and The Whole Experience Retreat shall not refund payment or accept any consequential liability damages or loss.
You understand that Tameika Gentles and Whitney Gee may use photographs taken during the Retreat for promotion and advertisement purposes. You provide The Whole Experience Retreat and its coordinators the absolute right and permission to use these pictures/images for any lawful promotion, advertising, or marketing purposes.
- You acknowledge that appropriate medical clearance has been obtained to participate in all physical activities within the retreat. You understand and agree that it is your responsibility to inform Tameika Gentles and Whitney Gee of any conditions or changes in your health, now and ongoing, which might affect your ability to exercise and participate in activities safely and with minimal risk of injury.
- You understand that You are not obligated to perform or participate in any activity that You do not wish to do and that it is your right to refuse any participation outlined in your training program. You understand that should You feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, You will stop the activity and inform your trainers.
- You understand the results of any fitness program and meal plan cannot be guaranteed and your progress depends on your effort and cooperation in and outside of the sessions.
- You understand that it is your responsibility to notify The Whole Experience of all food allergies. You will also bring all necessary medicines for any condition You may have. This could include an Epinephrine pen for allergies and/or any necessary medication.
- You are aware that You will be working-out outside in humid and hot climates. You will speak to your doctor if You have concerns about any preexisting conditions against working-out in extreme climates. You recognize it is your responsibility to sit out, if necessary, and You are empowered to do so.
By paying this deposit, You acknowledge that engaging in physical activity may lead to a serious or disabling injury, even death. You understand that all activities in any exercise class are optional, and You may stop at any time. You release Tameika Gentles and Whitney Gee from any liability for any injury which You may suffer whilst participating in any activities however otherwise caused. You have been advised and warned to obtain a wide-ranging and complete physical examination by a registered medical practitioner to confirm that You are fit and able to engage in all of the activities conducted during The Whole Experience Retreat. You acknowledge that You have read and understood all of the terms and conditions of this agreement prior to paying the deposit and that the information it contains is true and correct.
You assume with full knowledge the dangers of your participation in fitness activities and do so at your own risk.
When you send an e-mail or chat electronically with The Whole Experience, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email. You agree that all agreements, notices, disclosures and other communications that The Whole Experience provides to you electronically satisfy legal requirements that such communications be in writing.
Use Of The Services
The Whole Experience will not be liable on account of any inaccuracy of information on this web Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download, publish, modify and distribute the material on The Whole Experience unless specifically authorized by The Whole Experience in this regard.
Third-Party Links, Content, And Services
Any and all contents and services within The Whole Experience that are not owned by The Whole Experience are “third-party content and services” such as payment processors. The Whole Experience acts merely as an intermediary service provider and accepts no responsibility or liability for third-party content and services.
Ownership and Intellectual Property
The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of The Whole Experience and its licensors. The Whole Experience and its licensors reserve all rights in and to the Software not expressly granted to you herein. There are no implied licenses herein. All suggestions or feedback provided by you to The Whole Experience with respect to the Software shall be The Whole Experience’s property. The Whole Experience may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you.
This Website, our product, and all other content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos, and trademarks, are protected by copyright, trademark and other intellectual property laws of Canada.
You acknowledge and agree that The Whole Experience owns, controls, or is licensed all legal rights, title, and interest in and related to the Product and Website, including all intellectual property rights. You may not:
- modify or copy the idea of trade, layout, or appearance of the Product and Website or any computer software or code contained in the Website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at [email protected]
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Entire Agreement/ Severability
These Terms and Conditions constitute the entire agreement between You and The Whole Experience, in relation to Your use of our Product, Website, and/ or the Services and supersedes any prior representations, inducements, or agreements relating to its subject matter. You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Service, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and The Whole Experience relating to this subject matter, and cannot be changed or terminated orally.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of The Whole Experience, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either The Whole Experience or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
You agree to defend, indemnify and hold harmless The Whole Experience and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims, and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any content to, on or through our Website. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The Whole Experience shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law And Arbitration
Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Canada, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario. Therefore, you agree that: (i) the Service shall be deemed solely based in Ontario and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ontario. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Ontario or the Canada District Court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
In the event parties are interested to use Arbitration for any dispute that arises between the Parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to resolve the dispute by arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules (https://adrchambers.com/expedited-arbitration/). The Parties agree that the ADR Chambers Expedited Arbitration Rules give the Parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provides the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and another effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at [email protected]