Asheville 2023 Private Practice Retreat Agreement
Entered into Agreement upon purchase of the Asheville 2023 Private Practice Retreat
Parties:

All Things Private Practice, LLC
41 Clayton St. Asheville, NC, 28801
patrick@casalecoaching.com
828-515-1246

And

Counseling Community, Inc.
8826 Santa Fe Dr Ste 210, Overland Park, Kansas, 66212-3672
jennifer@counselingcommunity.com
913-237-3011

(Collectively Known as "Company” or “Coach”)

And

Individuals who have opted into this Agreement by purchasing the Asheville 2023 Private Practice Retreat
(Known as "Client")

Collectively, all of the above people or businesses entering into this Agreement will be referred to as the "Parties."

PURPOSE OF THE AGREEMENT
Client wishes to hire Company to provide group coaching services on an international retreat in Asheville, as detailed in this Agreement. Company has agreed to provide such services according to the terms of this Agreement.

TERMS
Description of Services. Client chooses to participate in the Asheville 2023 Private Practice Retreat (known as “Retreat”) offered in Asheville for 3 days and 3 nights (from August 3, 2023, to August 6, 2023).
The Retreat includes the Services listed below.
Services: Company shall provide Client with the following services for the Asheville 2023 Private Practice Retreat (known as “Services”):
Group and break out coaching sessions on different entrepreneurial topics from experts in the field
NBCC approved CEUs
Networking and community-building activities
3 catered meals each day
2 group experiences in Asheville
TBD
Accommodations (as selected by the Client in advance and approved by the Company)
Coffee, tea, and healthy snacks throughout each day
Retreat trip planning and itinerary support before and during the retreat
One Group Transportation to and from the retreat center and airport in Asheville
Company shall not provide Client with the following services for the Asheville 2023 Private Practice Retreat, and Client is fully responsible for the procurations and cost of the following services.
Airfare to and from the Asheville 2023 Private Practice Retreat
Transportation to and from the retreat center and point of arrival in Asheville (if Client arrival and/or departure does not coincide with the group transportation times)
Any meals, snacks, and drinks purchased outside of the retreat center and/or retreat activities specifically listed as services provided
Tips and gratuities
Any COVID testing to required to participate in the Retreat
Travel insurance
Additional outings and activities outside of the 2 included group experiences
Cost of the Services: The total cost ("Total Cost") for all Services depends on the payment plan and room selection (“Travel Plan”) that Client selects. Client is responsible for all charges related to their Travel Plan and is subject to approval by Company for the following options. Client must provide all payments by July 3, 2023, in accordance with their selected plan as indicated below:
A one-time deposit payment of $500, paid upfront to reserve a spot to participate in the Asheville 2023 Retreat, and
A one-time payment or monthly payments adding up to the full cost of the Retreat, determined by the selected Travel Plan, to be paid in full or begin the payment plan by February 3, 2023.
Retreat Fees: The total costs of individual retreat fees is determined by the room selection and are as follows:
Shared Rooms: $3,000
Private Rooms: $3,500
Payment Plan: If Client selects the monthly payment option, all payments will be due monthly no later than July 3, 2023, unless Client makes other arrangements with the Company. Client may begin the payment plan before February 3, 2023.
For example, if the Client makes the first payment on December 28, 2022, all subsequent payments will be due on the 28th of each month until the total balance for the payment plan is paid off in full. Additionally, If the Client makes the first payment on October 1, 2022, all subsequent payments will be due on the 1st of each month until the total balance for the payment plan is paid off in full.
Late Fees: If Client misses a scheduled payment, Client has two weeks from the missed payment date to resubmit the payment, unless Client makes other arrangements with the Company. If Client fails to provide the payment within the two weeks, Client is subject to be removed from the Asheville 2023 Private Practice Retreat and will not receive a refund even if they are no longer attending the Retreat. All payments must be completed by July 3, 2023, unless Client makes other arrangements with the Company.
Collections: If payment is not received by 60 days after the due date, and the Card on File is not able to be charged, Company reserves the right to seek payment through collections or any other legal means. Client shall be responsible for any outstanding balance in full, as well as any collection and/or attorney's fees incurred as a result of Company’s good faith efforts to collect any monies owed.
Transfers/Refunds: The Deposit and Total Cost are non-refundable unless the Asheville 2023 Private Practice Retreat is canceled by the Company, or Client can produce reasonable documented proof of necessary cancelation for circumstances due to COVID-19, which will be determined by the Company.

PROTECTIONS & RELATIONSHIP
Bad Faith Competition: Client agrees not to offer any similarly marketed or positioned offering as this Coaching Program for at least one year following Client’s participation via this Agreement. A similarly marketed or positioned offering is one that:
Is likely to or can be proven to cannibalize sales from this Coaching Program; or
Is deemed to be in bad taste, or created in bad faith, at the discretion of the Company.
For example, if Client joins this Coaching Program for the sole purpose of stealing this Coaching Program’s format, clients or materials, this is considered bad faith behavior.
Confidentiality: Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will remain bound to the Confidentiality provision of this Agreement. Confidential information (known as “Confidential Information” in this Agreement) means information that is of value to its owner and is treated as proprietary or confidential including but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, advertising campaigns, information regarding executives and employees, emotional or personal information shared during the Services, or the terms and provisions of this Agreement.
Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, emotional or personal information, or services of or relating in any way to the Parties in whatever form to any parties outside of this Agreement.
Any accidental breaches of this Confidentiality Agreement, whether direct or indirect, shall be communicated with all practical speed to the other Party, according to the Notice provisions outlined in the Agreement, and appropriate and relevant corrective action taken at the responsible Party’s expense.
This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of the receiving Party; is rightfully received from a third party not owing to a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of, the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.
Non-Exclusivity: The Parties expressly acknowledge that this Agreement does not create an exclusive relationship between the Parties. Client is free to engage others to perform services of the same or similar nature to those provided by the Company, and the Company shall be entitled to offer and provide services to other clients, and otherwise advertise the services offered by the Company. However, nothing in this paragraph should be construed to release Client from its payment obligations to the Company.

LIMIT OF LIABILITY
Waiver of Liability: Client voluntarily signs this waiver in favor of Company in consideration for Asheville 2023 Private Practice Retreat. Having read and signed this waiver, Client acknowledges that for herself/himself/theirself, Client’s heirs, executors, administrators, representatives, or anyone else who might claim on Client’s behalf, hereby waives, releases, and discharges Company and its officers and directors, staff, employees, agents, and volunteers from and against any blame and liability for any injury, harm, loss, inconvenience, or any other damage of any kind whatsoever, which may result from or be connected in any way to Client’s participating in the Asheville 2023 Private Practice Retreat, and Client agrees to hold them harmless from any such claim(s). In addition to the absolute and unqualified release from all liability, Client hereby represents that Client will conduct herself/himself/theirself in a safe and prudent manner while participating in the Asheville 2023 Private Practice Retreat. Company reserves the right to cancel an activity or release a participant if it feels the participant’s conduct is inappropriate or disruptive. Client is aware that by signing this, Client is waiving certain legal rights, including the right to sue Company or its officers and directors, staff, employees, agents, and volunteers.
Maximum Damages: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Company.
Indemnification: Client agrees to indemnify and hold harmless Company, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in this Agreement, including all actions, causes of action, injuries, claims, negligence, costs or expenses, arising out of or related to Client’s participation in Services and any related activities. Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees, or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Company to pay for any such damages.
Disclaimer: Client agrees and understands Company is not providing the professional services of an attorney, accountant, or financial planner. Should Client desire the listed professional services that exceed the scope of this Agreement, Client must sign a letter of engagement of said professional services with the appropriate service provider. No legal, financial, or accounting professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.
Guarantees: Company does not make any guarantees as to the results, including financial or other gains, of any Services provided. Company agrees to provide the Services listed in this Agreement prior to and during the Asheville 2023 Private Practice Retreat. Client agrees to take responsibility for Client’s own results.
Release: Client has spent a satisfactory amount of time reviewing Company's work and has a reasonable expectation that Company's Services will produce a reasonably similar outcome and result for Client. Client understands and agrees that:
Every client and final results are different; and
Coaching and/or consulting is a subjective service and Company is a provider with a unique vision, with an ever-evolving style and technique; and
Company will use its personal judgment to create favorable experiences for Client, which may not include strict adherence to Client’s suggestions or expectations; and
Dissatisfaction with Company's independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.
Media Release: Any media, including photographs, audio or video footage taken by Company or its officers and directors, employees, agents, subcontractors or volunteers, or any media shared by Client on one of Company’s platforms such as email, Google Business, or Facebook group channel, is or becomes the property of Company. Client grants permission for any media containing Client’s likeness and image to be used for publication in any reasonable medium, including but not limited to advertising, third-party websites, online media, industry publications, or for any other lawful and positive use as may be determined by Company. Client further waives any and all rights to review or approve any uses of the media, any written copy related to the media or finished products containing the media.
Emergency Contact(s): Client agrees to provide Company with emergency contacts prior to the Retreat and gives permission to contact the said person(s) in the case of an emergency.
Medical Treatment: You are responsible for your own health and safety while attending the Asheville 2023 Private Practice Retreat, and for seeking medical attention as necessary for any allergic reactions, illness or injury that you experience while attending the retreat. In an event where it becomes reasonably necessary for Client to receive medical treatment at either Client’s request or Company’s discretion during the retreat, Client understands and accepts full responsibility for any and all medical expenses arising out of any treatment from such an incident. In the event that Client is unable to make medical decisions in an emergency, Client consents to the care of any reasonable physician or treatment center to administer treatment until Client’s Emergency Contact(s) can be reached and take over Client’s care decisions.
Assumption of Risk: Client understands and agrees that the retreat includes dining, social, and recreational activities. Any activity can involve an element of risk or injury. Client assumes the risk of any activity, and the risk of using any reasonable means of transportation to and from such activities, whether provided by Company or a third party. Company will make a reasonable attempt to accommodate any specific housing, dietary, or other health requests, or let the Client know if such a request is not possible. If Company cannot provide for a specific request, or Client does not wish to assume any such risks, Client may take responsibility for providing his or her own food, accommodations, transportation or anything else that the Client needs or wants to participate in the retreat.
Insurance: Client is advised to purchase an adequate amount of travel, medical, or other insurance that insures the Client against sickness, health issues, bodily harm, travel cancellations or delays, and incidental or direct damages resulting from Client’s participation in the retreat. In any event, the Client HEREBY RELEASES AND HOLDS HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following releases: the Company’s officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that the Client, the Client’s estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By initialing below, the Client agrees to hold the releases harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the retreat.
Non-disparagement: The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.

CANCELLATION, RESCHEDULING, AND NO-SHOWS
Cancellation Policy: If Client desires to cancel Services or is otherwise no longer is able to or desires to enjoy the Services listed in this Agreement, Client agrees to give Company Notice as soon as is reasonably possible.
Company is not under any obligation to refund any payments already made. Company reserves the right in any circumstances to cancel the Asheville 2023 Private Practice Retreat. In this event, Company may cancel the retreat and refund Client’s payments.
No Liability for Third-party Cancellations: While Company may make recommendations regarding travel, airfare, and transportation to and from the retreat, Company is not liable for cancellations made by Client’s chosen transportation method. Company does not accept any liability for cancellations, delays or changes to Client’s travel arrangements caused by war, threat of war, terrorist actions or threats, closure of airports, civil strife, industrial action, natural disaster, technical problems to transport, staff cancellations, unforeseen changes in your personal circumstances or other events beyond Company’s control.
Schedule: The Retreat schedule is subject to change. The Coach will attempt to give reasonable notice of all schedule changes and allow reasonable accommodations to the Client for conflicts arising from Coach’s own scheduling changes. However, no adjustment or proration of fees will be applied if Coach’s schedule changes due to extenuating circumstances.
Late Arrival: The Retreat shall begin at the agreed upon start date. No proration of fees will be provided for Late Arrivals.
Non-Participating Client: If it becomes impossible for Company to render Services due to the fault of the Client or parties related to Client, such as failure of one or more essential parties to the Services to provide reasonably requested documents or feedback in a timely manner, or Client’s failure to show up for scheduled meetings without reasonable notice, at the discretion of the Company, Company reserves the right to cancel this Agreement without any further Services delivered. Upon cancellation or Client’s unreasonable delay, all outstanding fees are immediately due and payable to Company.
Force Majeure: Regardless of the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the Services provided in this Agreement, including a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, pandemic shutdown, or infestation); war, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services: In the event Company cannot or will not perform its obligations in any or all parts of this Agreement, such as in the event of an unforeseen health emergency of the Coach or essential Company employees to the Services, Company (or a responsible party) will:
Immediately give Notice to Client via the Notice provisions detailed in this Agreement, below; and
Issue a refund or credit based on a reasonably accurate percentage of Services rendered or find a reasonable replacement; or
Excuse Client of any further performance and/or payment obligations in this Agreement.

GENERAL PROVISIONS
Governing Law: The laws of the state of North Carolina govern all matters arising under or relating to this Agreement, including torts.
Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.
Notice: Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via either of the following methods of delivery at the date and time which the Notice is marked as sent in the inbox or on the payment receipt for postage:
Coach’s Name: Patrick Casale
Coach’s Email: patrick@casalecoaching.com
Coach’s Address: 41 Clayton St. Asheville, NC, 28801
And
Coach’s Name: Jennifer Agee
Coach’s Email: jennifer@counselingcommunity.com
Coach’s Address: 8826 Santa Fe Dr Ste 210, Overland Park, Kansas, 66212-3672
Capacity: All Parties agree they are of legal age of consent and in sound mental capacity to enter into this Agreement.
Merger: This Agreement constitutes the final, exclusive agreement between the Parties relating to the Services contained in this Agreement. All earlier or other negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendments: The parties may amend this Agreement only by the Parties’ written consent via proper Notice via email or mail, with acknowledgment and acceptance by the receiving Party.
Titles: The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
Dispute Resolution: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.

SIGNATURES
By purchasing Asheville 2023 Private Practice Retreat and opting into the Terms of Service, you agree that you are legally obligated to adhere to this Agreement and agree to comply with the terms.