Please read these terms carefully as they are a binding legal contract, and we suggest downloading a copy for your records.
You are purchasing 1 of 12 available spots to participate in our Sedona Spring Equinox Meetup, taking place from March 19-23, 2023.
This Terms of Purchase is the entire agreement between us. This Terms of Purchase supersedes our prior discussions, emails, online or voice messages.
The parties (AMA Publishing and You, hereinafter referred to as “Client”) hereby agree as follows:
1. PROVIDED BY AMA Publishing
AMA Publishing shall provide to Client the following specified below:
- 1 bed in a home in or near Sedona, Arizona for the dates of March 19-23, 2023.
- 2 prepared meals per day (breakfast and dinner), with more food available in the fridge and cupboards.
- 1 photo shoot consisting of several group photos and some solo photos of Client.
- 1 guided hike.
2. CLIENT DUTIES
Client agrees to the following:
- Client agrees to come with a positive attitude and understands that the experience will only be as good as they make it.
- Client understands that this is a meetup event, not a retreat, and that each participant is expected to contribute something positive to the experience.
3. FEES & PAYMENT
All payments shall be made in full in order to participate in the meetup. Client understands and acknowledges that all sales are final upon agreeing to this Terms of Purchase and that our fee is fully payable when Client initiates transaction. All payments pursuant to this Agreement are non-refundable.
By completing this purchase, Client acknowledges and agrees not to initiate a chargeback. If Client initiates a chargeback, Client will be charged an additional fee of $300 USD.
4. INDEPENDENT CONTRACTOR STATUS
AMA Publishing performs this Agreement as an independent contractor, not as an employee of Client. Nothing in this Agreement is intended to construe the existence of a partnership, joint venture, or agency relationship between Client and AMA Publishing.
5. REPRESENTATIONS AND WARRANTIES
Each party warrants that:
(i) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid, and binding obligation, enforceable against either party in accordance with its terms;
(ii) They have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform their obligations under this Agreement, without the approval or consent of any other party; and
(iii) They have sufficient right, title, and interest in and to the rights granted in this Agreement.
AMA Publishing warrants that the Services will be performed in a professional manner. To the extent Services provided are advisory, no specific result is assured or guaranteed.
AMA Publishing expressly disclaims all other representations or warranties, whether express, implied, or statutory (by any territory or jurisdiction) to the extent permitted by law, and further:
AMA Publishing expressly excludes any warranty of non-infringement, title, fitness for a particular purpose, or merchantability to the extent permitted by law.
6. LIMITATION OF LIABILITY
Maximum liability for any action arising under this agreement, regardless of the form of action and whether in tort or contract, shall be limited to the amount of services fees paid by client for the services from which the claim arose. In no event shall AMA Publishing be liable for indirect, special, incidental, or consequential damages of any kind, including without limitation, lost data or lost profits, however arising, even if client has been advised of the possibility of such damages. The parties agree to the allocation of risk set forth herein.
Client agrees to indemnify and hold harmless AMA Publishing and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Client’s breach of this Agreement. Client will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.
AMA Publishing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.
Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).
9. GOVERNING LAW; JURISDICTION; RESOLUTION OF DISPUTES
This Agreement is governed by the laws of the state of Colorado and the federal laws of the United States of America applicable therein, without regard to its choice of law or conflict of law provisions. If any dispute arises between Client and AMA Publishing, Client agrees that all such disputes will be determined exclusively by final and binding arbitration in the City of Cortez, Colorado in English and governed by Colorado law pursuant to the Colorado Uniform Arbitration Act, as amended, replaced or re-enacted from time to time. The arbitration shall be heard and adjudicated by one arbitrator to be selected by Client and AMA Publishing. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Colorado or U.S. statutes, as applicable, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provision of this agreement.
Any cause of action brought by Client against AMA Publishing must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
In no event shall AMA Publishing be liable for any consequential, punitive or multiple damages of any kind.
10. FORCE MAJEURE
Except for Client’s obligation to pay AMA Publishing, neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.
(a) Client may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
(b) This Agreement represents the entire agreement between Client and AMA Publishing, and shall supersede all prior agreements and communications of the parties, oral or written.
(c) The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
(d) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
(e) The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
12. CONTACT INFORMATION
If Client has any questions or concerns, please contact AMA Publishing by email at [email protected].
13. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties with respect to said book. Each party has executed this Agreement without reliance upon any promise, representation or warranty other than those expressly set forth herein. Each party acknowledges that they have carefully read this agreement and agrees to the terms listed here.
The Parties hereby agree to all of the above terms and have executed this Agreement by a duly authorized officer, agent or representative.
In Witness Whereof, the parties have caused this Agreement to be effective as of the date of payment.
Client has read the terms of purchase & by making a payment agrees to the Terms of Purchase.