Client Agreement – The Escape Retreat 2018

Welcome! We are excited that you will be joining us for the 2018 Escape Retreat in Cape May, NJ! We are looking forward to facilitating a very transformational experience and for you to receive the power of being in person and in community during our time together!

Please read the following information carefully and let us know if you have any questions before signing and returning it to us. We are excited to serve and support you.

This Agreement is being made between Jessica Procini, Emotional Eating Coach of Your Path To Health, LLC (“Coach” or “me”) and the individual named at the end of this document (“Client” or “you”). We both legally agree to the following:

Retreat Description.

Your Escape (“Retreat”) will include a 3-day Transformational Coaching Retreat from May 21-24, 2018 at Congress Hall Hotel (“Hotel”) in Cape May, NJ with Master Coach Jessica Procini. Current clients who are enrolled in a year-long private Escape From Emotional Eating coaching program will receive an additional Bonus Day on May 25, 2018.

Your Retreat will include a variety of activities to support the transformational work we will be doing together, possibly including but not limited to gentle movement, body rituals, dance breaks, stretching, and self-care for your physical body, group coaching, “hot seat” individual coaching sessions, and beach walks (“Program Activities”).

Lunch will be provided for you each day. Lunch will be gluten-free and dairy-free and will be served buffet style. Refreshments such as water, tea and coffee will be provided throughout the day as well.

You will be enrolled in the Retreat upon receipt of: (1) this signed Agreement and (2) payment in full or your first installment payment.

Expectations and Responsibilities.

As your Coach, my role is:

  • To come to each day fully present, prepared and ready to facilitate a deeply transformational time together.
  • To serve as your coach, accountability partner, cheerleader and supporter when it comes to your commitment to yourself.
  • To be respectful of the time we have together and the value of this work.
  • To provide mindset coaching designed to move you forward on your journey.
  • To offer support, encouragement, feedback and guidance throughout the Retreat.

As my Client, it is your role and responsibility:

  • To be fully present at the Retreat, which means no use of cell phones or e-mail during Retreat sessions or breaks, and not arriving late or leaving early from Program Activities or the Retreat.
  • To fully show up physically, mentally and emotionally as you are to each and every day and session of the Retreat, no matter what life or schedule distractions arise or resistances you may encounter.
  • To come to each day with a hunger for change and an open mind.
  • To give yourself ample buffer space to transition into and out of our time and experience together.
  • To complete your pre-work and homework during the Retreat and be honest with me if you don’t get it all done or feel challenged by it.
  • To be open to all possibilities and twists and turns of the journey.
  • To stay curious (about yourself, your behavior and everything that is shared) every step of the way.
  • To stay fiercely committed to yourself and your healing, no matter what.
  • To participate with the expectation that you have the power to change your life.
  • To open up to loving yourself.
  • To be OK with imperfection and know you can achieve excellence if you set your mind to it.
  • To enjoy the journey, find the fun along the way and party with where you are.
  • To trust yourself in this process.
  • To promptly provide payment for the Retreat.
  • To ask any questions you may have as they arise.
  • To have fun!
  • To add to and receive from the experience of others who are with you at the Retreat.

Scheduling and Hotel Accommodations.

You are responsible for booking your own room reservation at the Hotel, and for following all hotel policies including the following:

  • Room reservations are to be made directly with the Congress Hall Hotel prior to April 1, 2018, and can be made by calling 888-944-1816.
  • There is a discounted room rate for the Retreat, but the number of rooms in this room block is limited so we recommend making all hotel reservations ASAP to ensure you receive a room at this discounted rate. The discounted room rate is NOT guaranteed to be available to you as it is first-come, first-serve.
  • Hotel check in time is 3:00pm and check out time is 12:00 p.m. (Please note that these times are subject to change by the Hotel.)
  • Staying off-site/not at the Hotel does have the potential to change your Retreat experience and the Coach is not responsible in any way if you choose to stay at another hotel or location off-site.
  • You, as a Hotel guest, are subject to all regular Hotel policies, including noise, number of people per room, etc. so it is your responsibility to become familiar with the Hotel expectations and policies upon check in.
  • The Coach is not responsible for your satisfaction with your roommate, if you are paired with another attendee, regardless of whether the Coach has paired you together or you have voluntarily selected a roommate yourself. If your roommate experience is not satisfactory, you, and not the Coach, are responsible for making alternative arrangements at your own expense.
  • As a Retreat attendee, you receive a 15-20% discount off all spa services as the Sea Spa at Congress Hall. This discount and all spa reservations are managed by the Sea Spa, and can be subject to change. Please contact the Sea Spa directly to book a spa treatment.
  • Breakfasts, snacks and dinner are not included in the Retreat. There are multiple restaurants in the Hotel and the surrounding area within walking, driving, bicycle distance or taking a cab. All meals and snacks other than lunch during the Retreat will be your own responsibility and expense.

Investment and Payment.

Investment:

Payment:

You agree that you are financially willing and able to invest in this Program by choice, and by so doing, you are not in any way incurring any economic hardship.

Payment in Full.

  • If you are paying in full, your full investment must be made at the time you enroll in the Retreat.

Payment by Installment.

  • If you are paying by installments, payment of the Initial Deposit is due at the time you enroll in the Retreat and each subsequent monthly payment will be due in 1 month increments from the date of the first payment.

Authorization and Receipt: If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Retreat without any additional authorization, for which you will receive an electronic receipt. Once the billing dates are agreed upon, you are responsible for being aware of your billing dates, so if there are any changes that need to be made to your billing information in order for your payment to be processed, you are responsible for letting us know in advance by sending an e-mail to support@escapefromemotionaleating.com

Missed Payment: In the event that payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 24-hour grace period to make the payment following the due date, whether paying in full or by installment. If no payment is made within the 24-hour grace period, an initial late fee if $200 will be applied to your monthly installment. For every day after 48 hours, you will incur a $50 daily late fee. In addition, all payments, including late fees, will continue to incur until full payment, including all late fees, has been made and received. We reserve the right to seek payment through a collection agency if needed. Money is a symbol of commitment and I encourage you to make a commitment to yourself to promptly provide payment for this Retreat when payment is due.

Cancellation & Refund Policy: If you decide to cancel your enrollment or attendance prior to the Retreat, please send an e -mail to support@escapefromemotionaleating.com sharing the reason(s) why you are seeking cancellation. We will schedule a time to talk together by phone.

Please note the following refund policy applies: No refunds will be provided.

If unforeseen circumstances require that I need to cancel the Retreat or change the dates, I will contact you by e-mail with information with our new rescheduled dates and times.

Intellectual Property Rights.

The Coach retains all ownership rights to the materials provided to you through your participation in the Retreat. The copyrighted and original materials shall be provided to you for your individual use only and with a single-user license. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received at or in relation to the Retreat electronically or otherwise without the Coach’s prior written consent. All intellectual property, including the copyrighted Program materials, shall remain my sole property and no license to sell or distribute my materials is granted or implied. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Retreat content, including any of the Retreat materials.

Media Release.

By participating in the Retreat, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In the Coach’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in the Retreat in our current or future retreats, programs, products or services, and/or our marketing or promotional efforts, without any additional permission or compensation to you at any time, now or at any time in the future.

Consent, Release, Waiver, and Disclaimer.

By enrolling in the Retreat, you hereby agree to the following:

You voluntarily desire to participate in the Retreat and you take full and sole responsibility for your life and well-being and all decisions made before, during and after the Retreat.

You acknowledge that you are choosing to participate voluntarily in Program Activities at the Retreat and you recognize that these Program Activities may contain certain inherent risks. You represent that you are in good health and you understand that you may decline from participating in any of the Program Activities if you deem it to be in your own best interest. You voluntarily and expressly assume the risks of the Retreat and all Program

Activities.

You understand that you are responsible for reading all information provided by the Coach before and during the Retreat, including any and all Agreements, schedules, policies, procedures and notices related to the Retreat, including travel and Program Activities.

You agree to observe and obey all posted and announced rules and warnings, and further agree to follow any instructions or directions given or provided by the Coach, the Hotel or either of their representatives or agents.

You understand that the information provided at or in conjunction with the Program Activities and Retreat is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, therapist, licensed dietitian or nutritionist, or any other licensed or registered mental or physical health care professional. You understand that the Coach is not acting in any capacity as a medical or mental health care provider. You understand that the Coach is not providing health care, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body during the course of the Retreat. Rather, the Coach is serving in her capacity as a coach, guide, educator, and mentor.

You understand that you may be provided with lunch and possibly other products while at the Retreat and you agree to disclose to the Coach in advance any known or suspected allergies or food sensitivities at least 30 days prior to the Retreat by sending an e-mail to support@escapefromemotionaleating.com. You understand that all food will be made on site by the Hotel staff where the Coach does not have any responsibility or control over food preparation or contamination; therefore, you agree that the Coach is not liable for any act, default or omission of the Hotel, Hotel staff, or any outside supplier related to the food or products provided at the Retreat.

You should participate in only those activities that you are physically, mentally, emotionally, and spiritually able to do, and that you notify us of any restrictions you have regarding any of the Program Activities, and we will do our best to accommodate them. Your safety and comfort is of the utmost importance to us. You also agree to disclose in advance any physical limitations that may impact your breathing or movement, skin reactions or issues, or any other health or mental condition that may be affected during the Retreat. If you suspect that you have a medical or mental health problem, you agree to inform the Coach, the Hotel and/or their agents immediately.

You agree to seek the advice of my physician or another qualified health care professional prior to and during the Retreat regarding any questions or concerns you have about my specific health situation, possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications you am currently taking. You understand that you are advised to speak with your own physician or mental health provider before attending the Retreat or implementing any Program Activities. You agree to not disregard or delay seeking professional medical advice or stop taking any medications without speaking to your own physician or mental health care professional.

At any time before or during the Retreat, should you know or feel that you may cause imminent harm to myself, other participants, the Coach, or any other person, you understand and agree that you are immediately obligated to let the Coach know, and to remove yourself from the situation in a peaceful and cooperative manner; otherwise, you consent that you may be asked to not attend the Retreat, leave the Retreat, and/or have immediate physical or mental health care administered to avoid causing mental or physical harm to yourself or others. You agree that the Coach reserves the right to decline accepting or retaining you if my physical or mental health or actions in the Coach’s sole judgment impede the Program Activities or Retreat or the welfare or enjoyment of the experience by the Coach, her agents, Hotel staff, or other attendees.

You consent to the application of first-aid or other medical or mental health services to be applied if needed in connection with an emergency health problem or potentially harmful situation during the Retreat, and you agree to hold the Coach harmless as a result of any such injury or damage you may suffer due to the application of medical or mental health services or treatment. You fully understand that first-aid or other medical or mental health services may not be readily available based on circumstances outside of the Coach’s control.

You also agree and consent that the Coach or her agents may contact your Emergency Contact as shown on the bottom of this form for any physical or mental health reason and may disclose the circumstances surrounding that reason, if they deem it necessary, without liability and based on her sole discretion.

You acknowledge that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of my use, or non-use, of any information provided before, during or after the Retreat, and you agree to use my own judgment and due diligence before implementing any idea, suggestion or recommendation from the Program Activities and Retreat to your life, family or business. You fully agree that there are no guarantees as to the specific outcome or results that you can expect from using the information you receive on or through or related to the Program Activities and Retreat, including no guarantees that you will lose weight or have any other specific result.

As with all situations, you understand that there are sometimes unknown individual risks and circumstances that can arise during use of the Program Activities or Retreat that cannot be foreseen or controlled by the Coach. You understand that attending and/or participating in the Program Activities and Retreat is to be taken fully at your own risk, recognizing that there is a rare chance that illness, injury or even death could result.

You understand and agree that the Coach is not responsible for travel reservations, airfare, fees, taxes, tips or any other necessary or recommended paperwork or procedures that are required by the laws, regulations, orders and/or requirements prior to or during travel. You understand that you are responsible for booking travel (which is recommended at least 30 days in advance), including flight, hotel accommodations, and ground transportation to and from the Retreat, and obtaining the appropriate medical and trip/flight cancellation insurance, if desired.

Limitation of Liability, Indemnification & Release of Claims.

By attending and/or participating in the Program Activities and Retreat, you agree to absolve the Coach of any damage, liability or loss that you, or any other person, may incur from use of the information, products or materials that you receive before, during or after the Retreat and Program Activities. You agree that the Coach will not be liable to you, your family, dependents or heirs, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for your participation in or reliance on the Program Activities or Retreat, or for your own personal emergencies, legal situations, theft or loss of belongings or luggage, or any food, travel, or use of the Hotel premises, including the pool, ocean or beachfront, outside of the provided Program Activities or Retreat, at any time now or in the future, with the exception of gross negligence by the Coach or otherwise provided by law.

You agree that the Coach does not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, allergy, sensitivity, condition or issue, or any other type of loss or damage due to any act, default or omission by the Coach, Hotel, or anyone acting as the Coach or Hotel’s agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with the Coach’s businesses or who is engaged in delivering programs, products, or services during or related to the Program Activities and/or Retreat.

You agree now that I fully and completely hold harmless, indemnify and release the Coach and any of the Coach’s agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with the Coach’s businesses from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that were to arise in the past, present or future by you, your family or heirs, your business or company, or any other third party or entity for any action, default or omission in any way related to the Program Activities and Retreat.

In no event will the Coach be liable to you or to any party for any direct, indirect, special, incidental or consequential damages for any use of, non-use, or reliance on this Retreat, the Program Activities, or its information, programs and/or services, including, without limitation, personal injuries, accidents, misapplication of information, or any other loss, malady, disease or difficulty, or otherwise, even if you are expressly advised of the possibility of such damages or difficulties, whether caused by the fault of you, the Coach, other attendees, other third parties, a force majeure, or any other act or circumstance outside of the control of the Coach.

You agree to act in a manner that is respectful and considerate of the Coach, all other Retreat participants, other third parties, and the facilities, and you agree to follow all laws and regulations of the city, county, state and country in which you are visiting. You agree to pay for all damages to others and/or the facilities caused by any negligent, reckless, or willful action that you may take.

Other Important Terms.

Notice: All correspondence or notice required regarding the Retreat shall be made to me at support@escapefromemotionaleating.com and to you at the e-mail address you provided during your enrollment in the Program. Should your e-mail address or contact information change at any time throughout the course of the Program, it is your responsibility to provide your new contact information to me within 72 hours of any such change.

Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time if the amendment is made in writing and is signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else. The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement. In the event that any part of this Agreement is deemed invalid or unenforceable, it shall not affect the validity or enforceability of any of the remaining portions of the Agreement which shall be severed and remain in full force.

Governing Law: This Agreement shall be construed according to the laws of the State of Pennsylvania and all laws and regulations of Philadelphia, Pennsylvania.

Dispute Resolution: It is hoped that should we ever have any differences, we could be able to work them out through e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must submit your complaint to me with full details about your dissatisfaction via e-mail to me at support@escapefromemotionaleating.com. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No award of consequential or of any other type of damages may be granted to you. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Philadelphia, Pennsylvania, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.

Non-Disparagement: In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including social media, designed to disparage the Program or me. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

By signing this Agreement, we are both acknowledging that we have read, understand, agree to and accept all of the terms in this Agreement. You understand that by signing this Agreement, you knowingly and voluntarily surrender certain legal rights.

COACH

Jessica Procini, Emotional Eating Coach
Founder of Escape From Emotional Eating™ Your Path To Health, LLC
2229 Trenton Ave, Philadelphia, PA 19125

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We will email you a copy of your signed agreement after you submit the form