Terms & Conditions

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED HEREBY.  PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF.  YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

1. Applicability of Terms and Conditions. These terms and conditions (“Terms”) shall apply to your booking of services through http://www.hisawyer.com (the “Site”).  These Terms are subject to change at any time without prior written notice by THE MINDULFNEST COMPANY LLC (referred to herein as either “Company,” “we,” “us,” or “our”).  The most recent version of these Terms shall be posted for your review at any time on the Site.  Please review these Terms in their entirety prior to engaging in any transaction on the Site.  Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

2. Online Booking.

3. Company’s Services. Company shall provide you with the [DESCRIPTION OF SERVICES OFFERED] services purchased by you through the Site (the “Services”) on the dates (“Service Date(s)”), times (“Service Time(s)”), locations (“Service Location(s)”), and for the duration (“Duration”) set forth therein.  If the Session Location is outdoors and inclement weather is forecast for the Service Date, the Service Date will be rescheduled to a date at the Company’s discretion.  If you are unable to attend the rescheduled Service Date, you shall be refunded for your purchase of the Services.  If you are not at the Service Location and ready to start at the beginning of the Service Time, you will only be entitled to receive Services for the Duration remaining from commencement at the Service Time.  Company shall be under no obligation to extend the Duration, but may do so at its sole discretion depending on availability.

4. Payment Terms. All applicable prices and payment terms are set forth alongside the Services offered on the Site.  They may differ from the prices offered elsewhere (online or offline) by us for the same services.  Such prices and terms are subject to change at any time by us in our sole discretion.  Additionally, to the extent that we offer a promotion in connection with any particular service, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document).  You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges.  Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal).  By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

5. Cancellation of Service Time. When a Service Time is booked by you, that time is reserved exclusively for you and becomes unavailable for anyone else to schedule.  If you cancel and/or are unable to attend a Service Time you booked, you will not be entitled to a refund and Company shall be entitled to keep and/or receive payment of all fees due by you to Company for the Services; however, any payments made by you to Company can be credited towards the cost of another Service.  Notwithstanding the foregoing, if you booked the Service Location for hosting an exclusive event by Company and not for a Service Date/Service Time offered by Company to the public, then if you cancel and/or are unable to attend the exclusive Service Date/Service Time you booked, you will not be entitled to a refund and Company shall be entitled to keep and/or receive payment of all fees due by you to Company.  Company may, at its sole discretion, offer an alternative Service Date/Service Time for your exclusive use of the Service Location and may, at its sole discretion, apply any payments made by you towards the rescheduled exclusive Service Date/Service Time.  Company reserves the right to cancel any Service Time, with or without notice to you, if a minimum number of participants, as determined in Company’s sole discretion, have not booked Services for that Service Time.  If Company cancels a Service Time due to an insufficient number of participants, then you shall be entitled to a full refund of any fees paid by you to Company for such Service Time or apply such fees as a credit towards a future Service Time.

6. Use of Service Location for Services Only. You understand and agree that you may only use the Service Location for the Services subject to these Terms on such Service Dates and Services Times as offered by Company.  You further understand and agree that these Terms shall bind you and govern your use of the Service Location for and/or participation in the Services for each occasion upon which you participate in such Services.  You further agree that you are responsible for the proper use and care of the Service Location and any of Company’s property thereon, and that you will be liable for the replacement cost of any of Company’s property that is damaged, destroyed, or lost by you.

7. Assumption of Risk. You understand and acknowledge that the Services you want to participate in may be dangerous and may involve the risk that you will sustain serious injury, temporary or permanent disability, death, and/or property damage that may be caused by, but not limited to, falls, contact with other participants, the effects of the weather, medical conditions, surface conditions, etc.  You understand that the Services may not be supervised, and that Company does not provide medical services.  You further acknowledge that any injury you may sustain while participating in the Services may be compounded by negligent or delayed medical service or negligent or delayed assistance by Company.  YOU VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO YOUR USE OF THE SERVICE LOCATION AND/OR PARTICIPATION IN SERVICES OPERATED/SPONSORED BY COMPANY, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY THE NEGLIGENCE OF COMPANY.

8. Medical Acknowledgment. You hereby acknowledge your responsibility to clearly communicate to Company any physical and/or psychological conditions and/or concerns that might conflict with your participation in the Services.  You hereby further acknowledge that you are physically fit and mentally capable of participating in the Services.

9. Release from Liability. You hereby agree, on behalf of yourself, your heirs, and your personal representatives, to fully and forever discharge and release Company, its affiliates, and its respective members, shareholders, partners, agents, operators, managers, employees, contractors, and representatives (“Released Parties”) from any and all claims you may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to your entry upon and use of the Service Location and/or participation in the Services, whether caused by the negligence of the Released Parties or by any other reason.  You acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, damages, liabilities, expenses, and/or property damage sustained by you while on or using the Service Location and/or participating in the Services.

10. Covenant Not to Sue. You agree, for yourself and all of your heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which you or your heirs may have as a result of any personal injury, death, damages, liabilities, expenses, and/or property damage you may sustain while on or using the Service Location and/or while participating in the Services.

11. Indemnification. You hereby agree to defend, indemnify, and hold harmless Released Parties from and against any of your personal or third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life, or damage to property sustained by reason of or arising out of your use of the Service Location and/or participation in any Services.

12. Medical Treatment Release. You hereby authorize Company to secure, and you consent to, any medical treatment that may be given to you should Company determine, in its sole discretion, that you need medical care, as a result of you being on the Service Location and/or from participating in the Services.  You accept full responsibility for all costs related to your medical treatment, including any transport costs, and you release all parties involved from any type of liability for anything that may happen during your treatment or transport.

13. Responsibility for Personal Property. You acknowledge and agree that you are fully and solely responsible for any of your property and personal belongings that you bring onto the Service Location or that I use during the Services, and that Company will not be responsible for or provide any security for your property and personal belongings.

14. No Representations by Company. You acknowledge that Company makes no representation as to the condition of the Service Location or the safety of the Services or any equipment either on the Service Location or used in the Services.  You accept and shall use the Service Location and equipment in their “AS IS” condition.  You acknowledge and agree that you are not relying upon any representation or statement by Company or its owners, members, shareholders, employees, agents, sponsors, or representatives regarding these Terms, the Service Location, or the Services, except to the extent such representations are expressly set forth in these Terms.

15. Photographs, Marketing, and Publicity Release by You. You hereby grant Company and/or Company’s representatives, agents, or assigns, the irrevocable and unrestricted right to take, use, and/or publish all photographs taken by Company during the Services for use in Company’s marketing materials or other oral, electronic, or written promotions, which may include tagging you in social media posts and a brief description of the Services provided.  Company shall own the copyright for all images taken by Company during the Services and shall have exclusive right to make reproductions.

16. Equipment Malfunction and Adverse Conditions. In the event that Company suffers an equipment failure or other adverse condition through no fault of Company that results in the inability of Company to perform or complete its Services on the Service Date/Service Time, Company may reschedule the Service Date to a date of its choosing at no additional cost to you.  If you are unavailable at such rescheduled Service Date, then your payment for the cancelled Service Date shall be refunded to you. Company is not liable for any equipment malfunctions or adverse conditions that cause the cancellation of a Service Date other than to reschedule the Service Date.

17. Limitation on Company’s Liability. Company’s entire liability to you for any claim, loss, damage, or injury arising under or relating to these Terms is limited to the fees paid by you to Company for the Services.  In no event shall Company be liable for special, incidental, consequential, or punitive damages, even if you claim circumstances that may otherwise give rise to such damages.

18. Waiver and Release for Use of Service Location. You hereby expressly waive, release, and agree to hold Company, its directors, officers, agents, employees, subsidiaries, shareholders, and partners, as well as the Service Location’s owners, managers, lessees, and/or their affiliates (the “Releasees”) harmless from all claims and liability for property damage or personal injury (including death) to you, your invitees, guests, affiliates, friends, family, or any other person associated with the Services that was hired by you (the “Releasors”), occurring at the Service Location, even if such property damage or personal injury is caused by the negligence of the Company or its employees.  You covenant not to make or bring any such claim against the Company or any other Releasee, and forever releases and discharges the Company and all other Releasees from liability under such claim.

19. Non-Disparagement. Unless otherwise required by law, you and Company, as well as your and Company’s agents, representatives, assigns, heirs, and attorneys agree to not make any statement or representation by any means (including but not limited to social media posts/comments and/or internet reviews) to any third parties, oral or written, express or implied that materially impugns or otherwise disparages the other’s professional and business character, competence, integrity, services, products, or reputation.

20. No Warranties. COMPANY MAKES NO WARRANTIES REGARDING THE SERVICES OR SERVICE LOCTION, AND ANY WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.  COMPANY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY PRODUCTS OR SERVICES.

21. Force Majeure. Company reserves the right to make changes to any aspect of the Services, or to cancel the Service Date/Service Time entirely, at any time due to conditions at the Service Location, in the Service Location country or state, neighboring countries, or the world, including but not limited to acts of nature such as weather or other natural disaster, pandemic, and other “acts of god,” acts of war or terrorism, terrorist threat, civil unrest, riots, strikes, trade disputes, interruption of transportation, government or political actions or orders, change of law or regulation, suspension of civil rights, crime, acts or omissions of a third party, or for any other reason whatsoever outside the reasonable control of Company. This is a force majeure provision.  In such an event, if you do not wish to accept the changes to the Services or a rescheduled Service Date/Service Time, 100% of any payments made by you will be refunded to you.

22. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email at: themindfulneststudio@gmail.com; or (ii) overnight courier, or registered or certified mail to: Kelly Winkler, The Mindfulnest Company LLC, 9 Bloomfield Ave., North Caldwell, NJ 07006.

23. Survival. Any provision of these Terms providing for performance by either party after termination of these Terms and/or conclusion of the Services shall survive such termination and shall continue to be effective and enforceable.

24. Privacy Policy and Website Terms of Use. These Terms govern only your booking of a service through the Site.  Please review the Site’s Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://www.hisawyer.com/privacy and https://www.hisawyer.com/terms. The Privacy Policy governs the Site’s processing of all personal information that may be collected from any person through the use of the Site. The Website Terms of Use govern your use of the Site in general.

25. Entire Agreement. These Terms, along with the confirmation email referenced in Section 2 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and the Site’s “Terms of Use” and “Privacy Policy,” shall, collectively, be deemed a final and integrated agreement between you, us, and the Site with respect to the subject matter hereof.

26. Waiver. The waiver by any Company of a breach of any provision of these Terms shall not be construed as a waiver of any subsequent breach.  The failure of Company to insist upon strict adherence to any provision of these Terms on one or more occasions shall not be considered a waiver or deprive Company of the right thereafter to insist upon strict adherence to that provision or any other provision of these Terms.  Any waiver must be in writing.

27. Governing Law and Venue. Except to the extent preempted by federal law, and without regard to conflict of laws principles, the laws of the State of New Jersey shall govern these Terms in all respects, whether as to its validity, enforceability, construction, capacity, performance or otherwise. You agree that any action arising out of these Terms and/or the Services must be brought exclusively in any state or federal court located in Essex County, New Jersey.