Client Agreement. By submitting a WildRising registration form or a WildRising Consent Form (each an “Engagement Letter”), you agree to these Services Terms and Conditions (the “Agreement”) entered into between WildRising Inc. ("WR") and you, in your name identified the Engagement Letter, effective as of the date of the Engagement Letter (“Effective Date”).
1) Services. a) WR provides holistic, spiritual, and wellness-oriented services, as requested by you, which may include without limitation, shamanic drumming journeys, sound, elemental rituals, oracle readings, divination, guided meditation, mindfulness coaching, breathwork, spirit clearing, and nature-based practices (the "Services"). b) Services may be provided in person or virtually, and may be provided privately with you, semi-privately, in a group, at a fair, or through your participation in WR events, including without limitation overnight retreats. c) You understand and agree that the Services rely on intuitive, spiritual, energetic, and symbolic practices, that experiences and outcomes vary, and that no specific results are guaranteed. d) YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE NOT MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, OR THERAPEUTIC TREATMENTS, NOR A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. WR DOES NOT DIAGNOSE OR TREAT ILLNESSES OR INJURIES. SERVICES ARE EDUCATIONAL IN NATURE AND ARE TO BE USED AT YOUR RISK AND DISCRETION. e) Any Services provided by WR to you prior to or following the execution of this Agreement shall be governed by this Agreement. f) WR may engage with other persons or entities to assist WR in the provision of the Services, provided that WR remains responsible to you for the Services unless otherwise specified. g) WR reserves the right at any time to change, suspend or discontinue any Services (or any portion or content of any Services) without notice and without any liability whatsoever.
2) Voluntary Participation & Personal Responsibility. a) You acknowledge that your participation in the Services is voluntary and with your informed consent, and that you assume full responsibility and risk for your physical, emotional, mental, and spiritual well-being before, during, and after each session. b) You represent that you are physically and mentally fit to participate in the Services. c) You understand and agree to pause, modify, or discontinue your participation in any Services at any time, especially if you are feeling unwell or have concerns about any medical conditions, mental health concerns, medications, pregnancy, or other limitations that may impact or affect your safe participation in any Services. d) You acknowledge and agree that the Services are provided for your sole benefit and are not for the benefit, use, or reliance upon by any other party.
3) Prices, Payment, Cancellation & Rescheduling. a) Prices: All prices listed on www.wildrising.com are shown in Canadian dollars (CAD) before taxes. Rates are subject to change without notice. b) Payment: To secure your appointment, full payment is due within 24 hours of receiving your invoice inclusive of taxes (if applicable). Payment may be made via etransfer to [email protected] or as otherwise agreed by the parties. c) Cancellation: Your appointment is strictly reserved for you, and you acknowledge that WR may need to prepare in advance. Cancellations or requests to reschedule must be submitted via email to [email protected]. Except for combined Services, full refund is available for cancellations made no later than 72 hours in advance of your appointment and a 50% refund is available for cancellations made 24-72 hours in advance. Cancellation of combined Services for a full refund is available with cancellation made no later than 72 hours in advance of your first appointment. Partial cancellation of combined Services is available for a pro-rated refund (at WR’s discretion) for cancellations made 24-72 hours in advance of a subsequent appointment. No refund will be provided for cancellations within 24 hours of any appointment. Event cancellation is per the event’s terms. If WR needs to cancel (at its discretion), not as a result from Section 3(d) below, a full refund will be available for outstanding Services. d) Forms: You acknowledge that your failure to complete and provide to WR any questionnaire(s) or other required form(s) prior to the date requested by WR in advance of an appointment could adversely affect WR’s ability to perform the Services, and/or could result in a cancelled and/or postponed appointment by WR without any liability to WR.
4) Virtual Services. You understand that virtual Services rely on the quality of the computer equipment and related technology that you use to access the Services (ex. uninterrupted internet connection, good quality headset, etc.) and your physical space during the session (ex. quiet, private room with a closed door). You also understand and agree that the WR is not responsible for any technological or other disruptions during the session.
5) In-Person Services. You understand that in-person Services may involve sound vibration, movement, exposure to weather, exposure to the elements (fire, water, earth and wind), uneven ground, and physical sensations. You accept all inherent and environmental risks associated with participation in in-person Services.
6) Assumption of Risk. You knowingly and voluntarily assume all risks associated with participation in the Services, including without limitation those related to emotional release, sound exposure, physical movement, and environmental risks.
7) Limitation on Liability. a) To the fullest extent permitted by law, you release and forever discharge WR, its directors, officers, employees, contractors, facilitators, volunteers, and affiliates from any and all claims, fines, demands, actions, damages, losses, penalties, suits, proceedings, costs, expenses, legal fees, or liabilities arising out of, or in any way relating to, directly or indirectly, WR’s performance of, or your participation in, the Services (“Claims”), including without limitation the termination of the Services. b) In no event shall WR be liable to you for any Claims in an aggregate amount that is more than the fees you paid to WR for the specific Service giving rise to the Claim. c) In no event shall WR be liable to you or any third party for consequential, special, indirect, incidental, punitive or exemplary damages. d) The provisions of this Section 7 shall apply regardless of the form of Claim, whether in contract, statute, tort (including, without limitation, negligence) or otherwise.
8) Indemnification. You agree to indemnify and hold harmless WR, its directors, officers, employees, contractors, facilitators, volunteers, and affiliates from any Claims (including Claims by third parties) arising out of, or in any way relating to, directly or indirectly, your actions, omissions, or breach of this Agreement.
9) Confidentiality, Intellectual Property (“IP”), and Publicity. a) You acknowledge and agree that WR may retain and process records containing your personal information, including for the purposes of providing Services to you, and through third-party service providers (which may include (without limitation) providers of email, texting, calendar/appointment, payment processing, video-conferencing, etc.). You agree that WR is not liable for any disclosure or Claims related to your confidential or personal information stored, processed or disclosed by any third party. b) WR agrees to keep the information you provide to WR and session content confidential, except where you disclose such information to or around third parties (including without limitation during a group session, at an event, or at a fair), where disclosure is required by law, or where required for the provision of the Services. c) You agree that WR may use generic, de-personalized, or aggregated information about your session content in its marketing, informative, or other public materials. d) You agree that WR may record, take photographs and video of you and/or your session set-up and may use such recording, photographs and video in its marketing, informative, or other public materials. Except for WildRising events, you may opt of photographs or videos of you or your session set-up by sending an email in advance of your session to [email protected]. e) You agree to receiving marketing emails and other marketing communications from WR unless you expressly opt out. f) You agree to keep WR information, including without limitation any documents provided by WR to you confidential, except where disclosure is required by law. You agree to not copy or distribute any documents provided to you by WR and you also agree to not electronically record (voice or video) or electronically transcribe any sessions. g) WR retains all of its own rights, title, and interests in and to any IP owned or developed by, or licensed to, itself prior to, during, and after the Effective Date, including derivative works of such IP and IP developed as a result of feedback provided by you. h) Nothing in this Agreement shall be construed as granting, or as an undertaking to subsequently grant, to you any license, right, immunity, title, or interest in or to any IP of WR.
10) Termination. This Agreement terminates when WR provides its final Service to you and no payment is outstanding. All provisions in the Agreement which by their nature should survive termination continue in full force and effect.
11) Force Majeure. WR shall not be liable for delay or failure to provide Services or in performance of its obligations hereunder arising out of or caused by, directly or indirectly, circumstances or causes beyond its reasonable control, including without limitation, illness, weather, natural events, war or other violence, any law, order or requirement by any governmental agency or authority, any cancellation or rescheduling by a supplier, vendor or service provider (including equipment or space rental), any epidemic, pandemic or quarantine.
12) Governing Law, Disputes and Jurisdiction. This Agreement shall be subject to and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without regard to the rules on conflicts of laws). All disputes arising out of or in connection with this Agreement or the Services shall be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada. The seat of arbitration will be in Ottawa, Canada and the arbitration shall be confidential, and conducted by one arbitrator in English.
13) Miscellaneous. a) Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. b)Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or representations. The Agreement will be binding on and enure to the benefit of the parties’ respective successor and permitted assigns. c)Amendments & Waiver: No amendment of this Agreement shall be binding unless made in writing and executed by both parties. Failure to enforce any provision shall not constitute a waiver. d)Electronic Signatures: This Agreement may be executed electronically and in counterparts, each of which shall be deemed an original.