FORTITUDE TERMS AND CONDITIONS

BY PARTICIPATING IN THIS EVENT (HEREIN REFERRED TO AS “PROGRAM”) YOU (HEREIN REFERRED TO AS “CLIENT”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.

SERVICES

Company agrees to provide Fortitude (herein referred to as “Fortitude” or “Retreat” or “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

DISCLAIMER

Client understands Jonathan is not an employee, agent, lawyer, doctor, manager, therapist, business manager, registered dietitian, nutritionist, financial analyst, psychotherapist, or accountant of the client. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment, and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training.

Client understands that Consultant has not promised, shall not be obligated to, and will not; act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy. Client understands this coach will not prescribe or assess micro-and macronutrient levels; provide health care, medical or nutrition therapy services; or diagnose, treat, or cure any disease, condition, or other physical or mental ailment of the human body. Client understands if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. Client understands that the information in this membership is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals.

PROGRAM STRUCTURE

(1) Fortitude

(2) A 3-day, in-person retreat

PROGRAM DATE

Friday, January 31st - Sunday, February 2nd, 2025

PROGRAM FEE

The Full Price of this Program is two thousand five hundred dollars ($2500 USD) and a payment plan is offered in three installments of $850 each. Other pricing may be offered during promotional periods. All fees are in US Dollars. Client grants Company the authority to charge the card(s) provided.

METHODS OF PAYMENT

Client authorizes the Company to charge Client’s credit card or debit card via our payment processor or PayPal. When checking out with PayPal, our descriptor account will be Heartwood Medicine.

REFUNDS/CANCELATION POLICY

Event tickets are transferable but not refundable. Client is responsible for full payment of the fee. After the initial purchase, no refunds will be issued. All sales are final. Company is not responsible for any monetary loss with regard to travel if the event needs to be rescheduled or canceled and as a result, we recommend obtaining travel insurance.

INSURANCE

Client understands that acquiring insurance is solely the responsibility of the Client. We do request travel insurance in case you need to cancel travel due to illness.

AIRFARE AND TRAVEL ARRANGEMENTS

Client is solely responsible for booking airfare, accommodations, and travel arrangements for the Program date and fees or costs associated with delays, cancelations, or changes associated with such arrangements.

CONFIDENTIALITY

The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, during group coaching calls, from the forum, or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with the Company or with other Participants during the Program. 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 the 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, by signing below you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

NON-DISCLOSURE OF COACHING MATERIALS

Material given to Client in the course of Client’s participation in the program is proprietary, copyrighted, and developed specifically for the Program. Client agrees that such proprietary material is solely for Client’s own personal use. Client agrees not to make use of Program for commercial purposes in any manner. Any disclosure to a third party, copying, or republishing any portion of this Program or its contents is strictly prohibited and constitutes infringement.

NO TRANSFER OF INTELLECTUAL PROPERTY

Fortitude is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Jonathan Jenks International, Inc. No license to sell or distribute Company’s materials is granted or implied.

By signing below, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.

Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief among other remedies to prohibit any such violations and to protect against the harm of such violations.

DISCLAIMER

Client acknowledges she has read, accepted and received a copy of the medical waiver entitled, “Health and Medical Liability Waiver Re: Hawthorn Farm Event” at the end of this agreement.

CONFIDENTIALITY

The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participant’s privacy as well (herein referred to as “Participants”). While this cannot be a complete confidentiality provision because this will be taped (as discussed below), Company shall not disclose the Client’s personal information, including full name, address, e-mail, or credit card information (“Confidential Information”).

Information Participants learn about each other during the course of the Program shall not be shared by one another outside of the Program. Participants agree not to use such information learned from one another in any manner other than in discussion with the Company or other Program Participants during the course of the Program.

Both Parties will keep this information in strictest confidence and shall use their best efforts to safeguard the Information and to protect it against disclosure, misuse, espionage, loss, and theft, including the Confidential Information Client provides to Company.

CONSENT TO VIDEO AND PROMOTIONAL PHOTOGRAPHY

Client hereby grants to the Company and its licensees, assignees, and other successors-in-interest, all rights of every kind and character whatsoever in perpetuity in and to Client’s appearance (hereinafter referred to as the “Appearance”) in connection with promotional footage and photography for the Program.

Client hereby authorizes Company to photograph and record (on tape, film, or otherwise), the Appearance; to edit at its discretion and to include with the appearance of others in the Program; and to use the Appearance in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising, and sales promotion; package and resell the program; and to use my name and likeness in connection with the Program.

Client 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 defamation, invasion of the right to privacy, publicity or personality or any similar matter, or based upon or relating to the use of Client’s Appearance.

Company owns all rights and proceeds resulting from Client’s Appearance. Company is not obligated to utilize the authorization granted by Client hereunder.

SEVERABILITY/WAIVER

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

MISCELLANEOUS

1) 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 will not engage in any conduct or communications with a third party, public or private, designed to disparage the other.

2) ASSIGNMENT. Neither Party may assign this Agreement without the express written consent of both Parties.

3) INDEMNIFICATION. Client 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 expenses 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 misuse of the product(s) or services, 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. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client 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 misrepresentations of the Company.

4) 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 the American Arbitration Association. All claims against Company must be lodged within 100 days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

5) 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.

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.

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.

This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America.

HEALTH AND MEDICAL LIABILITY WAIVER

Regarding the Hawthorn Farm Event Agreement.

I voluntarily choose to participate in the Program. I understand that this Program will not provide health care, or medical care or diagnose, treat, or cure any disease, condition, or other physical or mental ailment of the human body.

I understand that the Program’s employees, instructors, owners, officers, and subcontractors are not acting as doctors, licensed dietitians, nutritionists, psychologists, or any other licensed or registered professionals. I understand the advice administered in this Program shall not replace advice given to me by a registered professional in any of these areas.

I expressly assume the risks of my participation in the Program, including any dietary and lifestyle changes. I take full responsibility for my own dietary choices and selections during the retreat and any allergies or reactions including but not limited to, illness, hospitalization, or death.

I understand that I may participate in yoga, breathing, and body movement sessions offered in the Program. I understand that I may refuse to participate at any time. I recognize that these sessions may require physical exertion that can be strenuous. I understand that it is my responsibility to consult a physician prior to and regarding my participation in the program. I am fully aware of and voluntarily take the risks associated with participating in the program session.

I assume full responsibility for any and all injuries or damages, known or unknown, which I might incur as a result of participating in Program sessions. If I am pregnant I will inform the Program’s instructors.

I acknowledge that I am making these decisions with a sound mind and of my own recognizance. I understand that I am free to accept or reject advice or recommendations at my own free will.

I knowingly, voluntarily, and expressly, waive any claim for injury or damages I may sustain as a result of participating in this Program. I release the Partnership from all liability, damages, causes of action, allegations, lawsuits, claims, and demands in law or equity, I have or will have in the future whether foreseeable or unforeseeable arising from my past or future participation in, or otherwise with respect to the Program.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

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/WAIVER

NON-DISPARAGEMENT

Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.

COVID-19 WAIVER

I understand that this Program is an in-person and indoors event, and as such, I enter at my own risk. I accept responsibility and acknowledge that the Company is not responsible for COVID-19 spread.

Company is not responsible for any monetary loss with regard to travel if the event needs to be rescheduled or canceled and as a result, we recommend obtaining travel insurance.

BY PARTICIPATING IN THIS PROGRAM, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.