Terms and Conditions for Vilcabamba Wellness 2023
Last updated: December 29, 2022
These terms and conditions (the “Terms”) govern your registration and participation in any face-to-face, webcast, on-demand, virtual or any other event (the “Event”) organized by the Wellness Fest Ecuador Organizing Committee (“we”, “us”, us” or “our”) and represent an agreement between Wellness Fest Ecuador and you. You represent that you are authorized to enter into these Terms. Please see Section 12 for definitions of certain capitalized terms used in these Terms.
1. Registration and Attendance to the Event.
You may only register for and attend the Event in accordance with these Terms. To register for the Event, you must complete the Event registration process and pay any applicable registration fees. Unless the Event registration web page specifies otherwise or we expressly inform you otherwise, you must be at least 18 years of age on the first day of the Event. Registration for the Event is subject to availability and may close prior to the posted deadline date, as determined in our sole discretion. We may also change the schedule of the Event at any time at our sole discretion. You will comply at all times with the Wellness Fest Ecuador Community Codes of Conduct.
2. Protection and Security.
Your protection and safety are important to us. For in-person events, you understand that you and your property may be subject to reasonable search upon entering the Event. If you refuse to participate in these security measures, we may deny you entry. We also reserve the right to ask you to leave the Event if your behavior causes us concern for the safety or security of those attending the Event. If we deny you entry or ask you to leave, you will not receive a refund.
3. Your Information.
3.1 Overall
By registering for the Event, you agree to receive information from Wellness Fest Ecuador about the Event and other related Wellness Fest Ecuador marketing communications and special offers by email, postal mail, or other forms of communication. We handle your information in accordance with the Wellness Fest Ecuador Privacy Notice. You consent to the collection, use, and disclosure of the information you provide when registering for the Event in accordance with the Amazon Privacy Notice. You may opt out of receiving marketing communications from Amazon Advertising at any time by following the instructions in the communications you receive.
3.2 Disclosure with Event Sponsors.
We may provide your contact information to the Event Sponsors if (a) you choose to attend any sessions or other activities at the Event that involve the Event Sponsors (in which case we would provide your contact information only to the Event Sponsor involved in said session or other activity), or (b) you consent during registration, or otherwise, to receive communications from our Event Sponsors.
4. Recordings and Materials.
4.1 Your Materials; recordings.
You grant us, our affiliates, and our independent contractors the right to record, film, photograph, and capture your voice and image in any media during the Event (the “Recordings”). You grant the Organizing Committee of Wellness Fest Ecuador and its affiliates, agents, employees and volunteers, and assign an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, distribute and translate, for any purpose related to our business, all or any part of the Recordings and Your Materials. We may edit the Recordings and Your Materials, use them alone or in conjunction with other information, and allow others to use and disseminate them. To the extent permitted by law, you waive any moral rights you may have in the Recordings and Your Materials. You represent and warrant that (a) Your Materials are true and accurate to the best of your knowledge and belief; (b) you have the necessary rights and permissions to grant the license under this Section 4, and (c) Your Materials do not violate or infringe any copyright, trademark, or other proprietary rights of any person or entity.
4.2 Our Materials.
We retain all rights to Our Materials and you may not share or reproduce them (including audio or video recordings, screenshots, photographs or downloads) without our prior written consent (except where Our Materials are expressly stated for the Event may be copied or shared).
5. Taxes.
Each party will be responsible for paying all applicable taxes and other government fees, charges, penalties, interest, and additions to such taxes imposed on that party on or in connection with transactions and payments under these Terms. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT, excise duties, sales and transaction taxes, and gross receipts taxes (“Indirect Taxes”). Wellness Fest Ecuador may charge you Indirect Taxes, unless you provide Wellness Fest Ecuador with a duly completed exemption certificate or direct payment permission certificate for which Wellness Fest Ecuador can claim an available Indirect Tax exemption.
6. Cancellation.
6.1 From You.
If registration fees or other fees are required for the Event, the Event's cancellation instructions and refund policy will be listed on the Event's registration web page.
6.2 From Us.
We may cancel the Event at any time for reasons including, for example, availability or suitability of venue or speakers, or for safety, health or security reasons, and we may deny, limit or cancel your registration to the Event at any time. We are not responsible for any damage, direct or indirect, derived from such cancellation. If we cancel the Event or your registration, and you are in compliance with these Terms, we will issue a refund of your Event registration fee in accordance with the refund policy on the Event registration web page.
6.3 Effect of Cancellation.
If you or Wellness Fest Ecuador cancel your registration for the Event or Wellness Fest Ecuador cancels the Event, Section 3, Section 4, Section 5, Section 6.3, Section 7.2, Section 8, Section 9, Section 10, Section 11, Section 12, and Section 13 will remain in full force and effect.
7. Business Ethics and Compliance.
- You represent and warrant that you and your financial institutions used to fund any fees required for the Event are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, nor are they owned or controlled by such party, including, including, but not limited to, United Nations Security Council, United States Government lists (for example, the United States Treasury Department's list of Specially Designated Nationals and the Foreign Sanctions Evaders list and the Entities of the United States Department of Commerce), the European Union or its member states, or other applicable government authority.
- You certify that you have confirmed with an appropriate ethics officer that there are no federal, state, local, or institutional ethics or procurement laws, regulations, or rules that restrict or prohibit your attendance at the Event or that would otherwise create a conflict of interest for Wellness Festival Ecuador
8. Acceptance of Risk.
You acknowledge and agree that your attendance and participation in the Event is voluntary, and you understand the nature of the Event. To the extent permitted by law, you agree that you solely assume the risks associated with attending and participating in the Event.
9. Waiver of Claims.
To the extent permitted by law, you (on behalf of yourself, your heirs, dependents, personal representatives, assigns, and any other person who may make a claim on your behalf or as a result of your death or injury) for the You hereby release Wellness Fest Ecuador and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, damages, losses, debts, obligations, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) you may incur now or in the future in any way associated with the Event, the Recordings, or Your Materials.
10. Limitation of Liability.
We and our affiliates and licensors will not be liable to you under any legal basis or principle of liability, even if a party has been notified of the possibility of such damages, for (a) indirect, incidental, special, consequential, or exemplary damages , or (b) loss of profits, income, customers, opportunities or goodwill. In any event, our, our affiliates' and licensors' aggregate liability under these terms will not exceed $100. The limitations in this Section 10 apply only to the extent permitted by applicable law.
11. Miscellaneous Provisions.
11.1 Waiver.
Our failure to enforce any provision of these Terms will not constitute a present or future waiver of that provision or limit our right to enforce such provision at a later time. All of our resignations must be in writing to be effective.
11.2 Severability.
If any part of these Terms is held invalid or unenforceable, the remaining parts of these Terms will remain in full force and effect. Any invalid or unenforceable portion shall be construed to the effect and intent of the original portion. If such interpretation is not possible, the invalid or unenforceable portion will be excluded from these Terms, but the remainder will remain in full force and effect.
11.3 Force Majeure.
We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms, where the delay or failure results from any cause beyond our reasonable control, including natural disasters, labor or other industrial disturbances, power outages, electrical or power failures, utility or telecommunications failures, earthquakes, storms or other elements of nature, blockades, embargoes, riots, governmental acts or orders, acts of terrorism, or war.
11.4 Assignment; No Third Party Beneficiaries.
You will not assign or otherwise transfer these Terms, or any of your rights and obligations under these Terms, without our prior written consent. Any assignment or transfer in violation of this section will be void. We may assign these Terms without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of our assets, or (b) to any affiliate or as part of a corporate reorganization; and effective as of said assignment, the assignee is considered a substitute for Wellness Fest Ecuador as part of these Terms, and Wellness Fest Ecuador is completely released from all its obligations and duties to be performed under these Terms. Subject to the foregoing, these Terms will be binding on and inure to the benefit of the parties and their respective successors and permitted assigns. These Terms do not create any third-party beneficiary rights for any individual or entity that is not a party to these Terms.
11.5 Applicable Law.
Subject to Section 13, the laws of the State of Washington, without reference to its conflict of law rules, govern these Terms and any dispute of any kind that may arise between the parties. The United Nations Convention for the International Sale of Goods does not apply to these Terms.
11.6 Dispute.
Subject to Section 13, any dispute or claim related in any way to these terms will be resolved by binding arbitration, rather than in court, except that you may, to the extent permitted by law, assert some claims in small claims court. Federal arbitration law and federal arbitration law apply to these terms. There will be no judge or jury in arbitration, and judicial review of an arbitration award will be limited. However, an arbitrator can individually award the same damages as a court (including declaratory and injunctive relief or statutory relief), and must follow these terms as a court would. To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the registered representative of our Service Company corporation, 300 Deschutes way SW, suite 304, Tumwater, WA 98501. The American Arbitration Association (AAA) will conduct arbitration in accordance with its rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of filing fees, administration, and arbitrator's fees will be governed by the AAA rules. We will refund such fees and charges for claims totaling less than $ 10,000 unless the arbitrator finds the claims to be frivolous. We will not seek attorneys' fees and costs during the arbitration unless the arbitrator finds that the claims are out of order. You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed upon location. We and you agree that any dispute resolution proceeding will be conducted solely on an individual basis and not as a class, consolidated, or representative action. If, for any reason, a claim proceeds in court rather than in arbitration, we and you waive any right to a jury trial. Each of us agrees that each party may bring an action in court seeking infringement or other misuse of intellectual property rights.
11.7 Modifications to these Terms.
We may modify these Terms at any time by posting a revised version on the Wellness Fest Ecuador Site. Modified terms will be effective upon posting. By attending the Event after the effective date of any modification to these Terms, you agree to be bound by the modified terms. It is your responsibility to regularly check the Wellness Fest Ecuador Site to see if these Terms are modified. We last modified these Terms on the date indicated at the beginning of these Terms.
11.8 Entire Agreement; English language.
These Terms are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements or communications between you and us, whether written or oral, regarding the subject matter of these Terms. We will not be bound by, and we will specifically object to, any term, condition or other provision that is different from or in addition to the provisions of these Terms (whether or not it materially alters these Terms). If we provide a translation of the English version of these Terms, the English version of these Terms will control if there is any conflict.
12. Definitions.
"Code of Conduct for Wellness Fest Ecuador Events" means the Wellness Fest Ecuador (and any successor or related site designated by us) community code of conduct, as updated from time to time.
"Wellness Fest Ecuador Privacy Notice" means the privacy notice located at (and any successor or related sites designated by us), as updated from time to time.
“Wellness Fest Ecuador site” it means http://wellnessfestecuador.org (and any successor or related sites designated by us), as updated from time to time.
“Event Sponsor” means a third party sponsor of the Event.
"Our Materials" means all materials submitted or submitted (including, for example, our company information, presentations, and other resources) by us (in electronic copy, on screen, in hard copy, orally, or otherwise).
“Your Materials” means all materials submitted (including, for example, your name and biographical information) or submitted by you (in electronic copy, on screen, during the Event registration process, in hard copy, orally, or otherwise).
