CHAPTERHOUSE MEDIA INC.
TERMS OF PURCHASE
BY PURCHASING ADMISSION TO THIS EVENT YOU (HEREIN REFERRED TO AS “CUSTOMER”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.
Event
Chapterhouse Media Inc. (herein referred to as “Company”) agrees to provide the event, “Alchemy 2024: A Year in Review” (herein referred to as “Event”). Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Event.
Disclaimer
The Event is offered on an "as is," "where is," and "where available" basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
Kasia Urbaniak (“She,” “her,” or “Kasia”), is not a licensed medical doctor, chiropractor, osteopathic physician, naturopathic doctor, nutritionist, pharmacist, psychologist, psychotherapist, or other formally licensed healthcare professional. Kasia, does not render medical, psychological, or other professional advice or treatment, nor does it provide or prescribe any medical diagnosis, treatment, medication, or remedy. The information provided by Company will not treat or diagnose any disease, illness, or ailment and Customer understands if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Customer understands the information provided in this Event is not a substitute for health care, medical or nutritional advice of any kind. Customer understands and agrees that they fully responsible for their own mental, psychological, emotional, and physical well being during this Event. Customer agrees to seek medical advice as determined by their judgment before starting any Event, any form of treatment or discontinuing use of any medications as prescribed by their medical practitioner.
Customer understands Kasia employees, instructors, owners, officers, and sub-contractors, are not licensed medical doctors, chiropractors, osteopathic physicians, naturopathic doctors, nutritionists, pharmacists, psychologists, psychotherapists, or other formally licensed healthcare professionals.
Customer accepts and takes full responsibility and assumes all risks foreseeable and unforeseeable for any physical, medical, psychological, emotional, or mental effects they may experience during their participation or use of this Event including but not limited to any effects of physical activities, exercises, or work performed on Customer via energy work, meditations, or other activities of a spiritual or energetic nature as determined by Company.
Nothing in this Event should be construed as healthcare advice, medical diagnosis, treatment or prescription. Information or guidance provided by Kasia, should not be construed as a promise of benefits, a claim of cures, or a guarantee of results to be achieved.
Except as specifically provided in this agreement or where the law requires a different standard, Customer Agrees Company, Kasia and her employees, instructors, owners, officers, and sub-contractors ARE not responsible for any loss, property damage, death, or bodily injury, caused by use of the Event. Customer, and Customer’s heirs, executors, successors, and assigns knowingly, voluntarily, and expressly, FOREVER waive and discharge any claim for loss, injury, death, or damages they may sustain as a direct or indirect result of participation or use of this Event. To the maximum extent permissible under applicable law, Company will not be responsible to Customer or any third party claims through Customer for any direct, indirect, special or consequential, economic, or other damages arising in any way out use or Participation in this Event.
Program Structure
The Event shall include:
Live Event Admission
Recording of the Live Event
Fees
Customer agrees to pay for the Program with the following options:
If Customer purchases during the general period, the fee shall be one hundred ninety-seven dollars ($197.00 USD).
Method of Payment
Customer shall pay by credit card or debit card. Customer agrees not to issue a chargeback or dispute for payment(s) of this Event via their credit card company or any charging platform.
Refund Policy
This Event is non-refundable. Customer shall be responsible for full payment of fees for the Event.
Confidentiality
Any information including but not limited to, names, actions, thoughts, feelings, reactions, opinions, guidance, support, Event materials, exercises, or documents shared by any representative of the Company or any other Participant (“Participant”) is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it (“Confidential Information”). Customer agrees not to disclose, reveal or make use of any Confidential Information revealed during this Event to a third party or share publicly on ANY platform.
Customer agrees not to use such confidential information in any manner other than in discussion with the Company during the Event. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Further, Customer agrees that if they violate or display any likelihood of violating this section the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
CUSTOMER AGREES THEY HAVE READ, UNDERSTAND, AND AGREE TO THE “CONFIDENTIALITY, PRIVACY, & LIABILITY RELEASE” (SEE ATTACHMENT A) ATTACHED TO THIS AGREEMENT.
Non-Disclosure of Materials
ANY Material given to Customer by Company during the Event including but not limited to Event materials, recordings, videos, notes, feedback, or other forms of material (verbal or written) (“Materials”) is proprietary, copyrighted and developed specifically for Company. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure to a third party is strictly prohibited. Customer agrees not to use any the Materials disclosed during this Event for their own business or monetary purposes or for that of any third party.
No Transfer of Intellectual Property
Company's Event is copyrighted and the original materials that have been provided to Customer are for Customer's individual use only and a single-user license. Customer is not authorized to use any of Company’s intellectual property for Customer's business purposes. All intellectual property, including Company's copyrighted Event and/or Event materials, shall remain the sole property of the Company. No license to sell or distribute Company's materials is granted or implied.
Customer agrees that if Customer violates, or displays any likelihood of violating, any of Customer’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Film/Media Release
Customer hereby grants to the Company and to its licensees, assignees, and other successors-in-interest, all rights of every kind and character whatsoever in perpetuity in and to Customer’s appearance (hereinafter referred to as the "Appearance") in connection with promotional footage, written script, print images, photography, audio and visual recording for the Calls and the Event.
Customer hereby authorizes the Company to photograph, record, or release (on tape, film, print, website or otherwise), the Appearance; to edit at its discretion and to include with the appearance of others in the Calls and the Event; and to use the Appearance in any manner or media whatsoever, including without limitation unrestricted use for purposes of individual packaging and sales of the Calls, publicity, advertising and sales promotion; and to use Customer’s name and likeness in connection with the Calls and the Event.
Customer hereby waives all rights, release, and discharge the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for proceeds, defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use of Customer’s Appearance. The Company owns all rights and proceeds resulting from Customer’s Appearance. Customer waives the right to inspect, edit, or approve any form of media created by Company.
If Customer does not wish to grant Company such rights, Customer must submit written notice to Company via the email address provided in Section 8 of this Agreement. Customer agrees they waive this Right after the conclusion of the Live Event if not exercised during the Event. Additionally, during the Event, Customer acknowledges that it is Customer’s responsibility to notify Company in person or in writing and obtain an identifying credential from Company and prominently display the credential on Customer at all times during the Event.
Even with such notice as provided above, Customer understands that Company cannot guarantee that Customer will not be photographed or recorded, however Company shall make a reasonable effort to exclude any material with Customer’s likeness from all published material.
Customer Responsibility
Customer accepts and agrees that Customer is fully responsible for their progress and results from the Event. Company makes no representations, warranties or guarantees verbally or in writing regarding Customer’s performance or progress. Customer understands that because of the nature of the Event and extent, the results experienced by each customer may significantly vary. Customer acknowledges there is no guarantee that Customer will reach their goals or desired outcomes as a result of participation in the Event.
Force Majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Severability and Effect of Partial Invalidity
Customer understands and agrees that the provisions of this Release are severable. In the event a court or other adjudicative body of competent jurisdiction should find any provision or the application of any provision to any person, place, or circumstance to be wholly or partially invalid or unenforceable under the law of any jurisdiction, such finding shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect. The provision found to be invalid or unenforceable shall continue to be applicable to the extent permitted under the law of the finding jurisdiction and shall continue in full force and effect under the laws of any other jurisdiction.
Miscellaneous
A) Limitation of Liability. Customer agrees they used Company’s services at their own risk and that Event is only an educational service being provided. Customer releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Customer accepts any and all risks, foreseeable or unforeseeable.
Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Event. Customer knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Customer may sustain as a result of participating in this Event.
Customer further declares and represents that no promise, inducement or agreement not herein expressed has been made to Customer to enter into this release. The release made pursuant to this paragraph shall bind Customer’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its Events, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. This Agreement may not be assigned by the Customer, without express written consent of Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Termination. Company is committed to providing all customers in the Event with a positive Event experience. Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Event without refund if Customer become disruptive to Company, difficult to work with or upon violation of the terms as determined by Company.
E) Indemnification. Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Event, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
F) Resolution of Disputes. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to binding arbitration before the American Arbitration Association (“AAA”) in New York, New York in accordance with the laws of the State of New York and the applicable AAA Arbitration Rules to settle any and all disputes between myself and any of the Released Parties. The AAA shall appoint the Arbitrator(s) in accordance with its rules unless the parties mutually agree to another procedure. Judgment upon the award rendered by the Arbitrator(s) shall be entered in any court having jurisdiction pursuant to applicable law. In disputes involving unpaid balances on behalf of Customer, Customer is responsible for any and all arbitration and attorney fees.
Fa.) Customer understands they are agreeing to waive their right to a jury trial.
If either party institutes any legal action in any court, the other party has the right to seek dismissal by demurrer or motion to dismiss, and will be not required to file an answer. The other party shall be entitled to an award in its favor for the amount of its actual fees and costs of suit.
Any disputes or claims relating in any way to this Agreement or to any of our Events, including this provision itself, are governed by the laws of the State of New York.
G) Equitable Relief. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, "personal delivery" includes notice transmitted by fax or email. Email: admissions@kasiaurbaniak.com
I) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America.
BY PURCHASING ADMISSION TO THIS EVENT, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE AND I EXPRESSLY AGREE TO THE CONFIDENTIALITY AND LIABILITY RELEASE.
ATTACHMENT A
CHAPTER HOUSE MEDIA, INC
CONFIDENTIALITY, PRIVACY, & LIABILITY RELEASEThank you for your interest the Event as listed in the Shopping Cart during your Check out process (“Event”) This Event, Event is offered by Chapter House Media Inc. (Also referred to herein as the “Sponsors”).
Because of the nature and content of the Event your agreement to the Release of Liability (hereafter “Release”) and each and every provision of the Release is required as a condition of your acceptance into the Event.
The Release is intended as a waiver of any and all liability and any right of action, whether legal, equitable or in any other form, against Sponsors, their respective Event leaders, employers, managers, employees, staff, volunteers, officers, directors, agents, assigns, heirs, attorneys, and representatives, and each of their respective families, heirs and executors and all other related entities (hereafter “Released Parties”), as a result of any action or omission connected with the content, design, planning or conduct of the Released Parties, or the conduct of other participants, or your own participation in or as to the Event.
Confidentiality: By signing this Release, I specifically agree to uphold, protect, and respect the right of privacy of my fellow participants and Released Parties. I agree to keep confidential and not to communicate in any way, at any time, without the person’s prior (written consent, any of the content, events or activities of this Event, or any of the statements written or oral), acts or experiences of my fellow participants and Released Parties that occur inside the Event. I understand that I am free to share my own experience of what value I received with anyone I choose to, while honoring the confidentiality of this Release.
I further agree to treat my fellow participants, and all connected with the Event with respect and to refrain from any offensive statements (as determined by Company) or conduct if objected to, or once instructed to do so by either the Event instructors, staff, employees, or volunteers.
Assumption of Risk I accept, understand, and agree:
That the content of this Event is controversial.
That not all of the activities occurring during the Event are known or foreseeable.
That any concepts, notions, ideas, suggestions, and recommendations from the Sponsors and any-one acting on behalf of the Sponsors that I accept or apply to my life; I do of my own free will.
That while Sponsors believe that the content of the Event is valuable, Sponsors do not guarantee it will solve any particular issue or problem I may have. I alone will decide and accept responsibility for how and for what purpose I apply the content of this Event.
That I may not agree with all the content of the Event and accept that responsibility.
That the participants in the Event may come from diverse backgrounds and hold beliefs and opinions different than mine.
That certain participants may make statements or take actions that I disagree with.
That certain participants may disagree or find offensive statements I make or actions take.
That I may choose not to participate in any activity offered in the Event. However, if I do decide to participate, that I do so of my own knowing and free will.
That I have assessed my own emotional, mental, and physical wellbeing, and I have concluded that I wish to and am able to participate in the Event.
That I agree to disclose any physical health condition or limitation that might affect my ability to access the Event to Sponsors prior to the Event commencing.
That if I do have any physical health condition or limitation, that I am FULLY responsible for my choice to participate or not participate in the Event and assume the physical, mental, and emotional risks of doing so.
That if the combination of this Event and my condition could result in any significant harm to myself or others, the written approval of a licensed physician or therapist may be required as a condition of my acceptance into the Event.
That regardless of any disclosures or written approvals, upon acceptance into the Event, I continue to bear sole responsibility for my health and wellbeing.
That there are emotional, mental, psychological, and physical risks or reactions that I may have associated participation in the Event.
That I voluntarily and knowingly accept and assume each of the risks and reactions and other matters set forth in these statements.
Participant’s Representations: I represent that I do not suffer from any psychological, physical or other condition that could pose a threat of harm to Sponsor’s Event leaders, Event guides, employees, owners, staff, volunteers, or other Event participants.
Release of Liability: I hereby forever release and hold harmless Released Parties from any and all claims, causes of action, demands, obligations, breaches of duty, injuries, liabilities, losses, death, expenses, costs, attorney’s fees, damages, or actions, of every type, kind, nature, description, or character, however defined or denominated, and however claimed or asserted, of any nature, known or unknown, asserted or not asserted, contingent or absolute, matured or un-matured, direct or indirect, arising or accruing in any manner out of, or in any way directly or indirectly related to my participation in the Event, including any statements or acts of Released Parties, participants or third parties, in or as to the Event, or the content, design and planning of Event, regardless if the nature of such claims be monetary, emotional, mental, psychological or physical.
Psychotherapy Disclosure: I understand and agree that the Event is not, and is not promoted as, a substitute for psychotherapy and is not therapeutic in nature. I understand that any value I obtain from the Event, I obtain via my own free will and participation. Therefore, to the extent not already covered in the above Release, I hereby forever release Released Parties from any and all liability from any adverse, or reactions or effects, that my experiences during the Event may have on me.
Release As Defense: I understand and agree that this Release may be pleaded as a full and complete defense to, and the parties hereby consent that it may be used as the basis for an injunction against, any action, suit, or other proceeding based on claims released by this Release.
Arbitration: Should any dispute remain or exist that is not covered by the terms of the Release, I further agree to forfeit the right to seek legal remedy in a court of law and agree to refer such dispute to binding arbitration before the American Arbitration Association (“AAA”) in New York, New York in accordance with the laws of the State of New York and the applicable AAA Arbitration Rules to settle any and all disputes between myself and any of the Released Parties. The AAA shall appoint the Arbitrator(s) in accordance with its rules unless the parties mutually agree to another procedure. Judgment upon the award rendered by the Arbitrator(s) shall be entered in any court having jurisdiction pursuant to applicable law.
Any party may seek compliance with these provisions by petition to any court of general jurisdiction. The prevailing party in any such proceeding shall be entitled to the Court’s order for payment of attorney’s fees and costs.
Severability and Effect of Partial Invalidity: I understand and agree that the provisions of this
Release are severable. In the event a court or other adjudicative body of competent jurisdiction should find any provision or the application of any provision to any person, place, or circumstance to be wholly or partially invalid or unenforceable under the law of any jurisdiction, such finding shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect. The provision found to be invalid or unenforceable shall continue to be applicable to the extent permitted under the law of the finding jurisdiction and shall continue in full force and effect under the laws of any other jurisdiction.
Entire Agreement: I understand and agree that this Release constitutes the sole and entire agreement between the parties with respect to the matters covered in it. This Release supersedes any prior or contemporaneous agreements, understandings, or undertakings, written or oral, by or among the parties regarding such subject matter. I understand and represent that this Release is made without reliance on any inducement, statement, promise or representation other than those contained within this Release. I also understand and agree that any statements by Released Parties regarding the Event are statements of opinion and do not constitute a representation, warranty, or guarantee.
Modification and Waiver: I understand and agree that no term or provision of this Release may be varied, changed, modified, waived, discharged, or terminated orally, but only by an instrument in writing, signed by the party against whom the enforcement of the variation, change, modification, waiver, discharge or termination is sought. The waiver by any party hereto of any breach of any provision of this Release shall not constitute or operate as a waiver of such provision or any other provision hereof, nor shall any failure to enforce any provision hereof operate as a waiver at such time, or at any future time, of such provision or any other provision hereof.
Attorney Fees: I understand and agree that should it become necessary to enforce the terms of this Release, the prevailing party shall be entitled to recover reasonable attorney fees, all costs, including costs of investigation, discovery, expert witnesses and consultants, and court costs in addition to all other relief to which such party may be entitled.
Voluntary Execution of Release: I acknowledge and agree that I am executing this Release
voluntarily, knowingly, and without duress or undue influence. I have read this Release and understand the terms and consequences of it. I am aware of the legal and binding consequences of it. I have had the opportunity to consult with anyone of my choosing prior to executing this Release.
I, the undersigned, certify that I have read this Release and agree and accept the terms as stated above.
BY PURCHASING ADMISSION TO THIS EVENT, I HAVE READ AND AGREE TO THE STATEMENTS ABOVE AND I EXPRESSLY AGREE TO THIS RELEASE.