Terms of service.
This Client Services Agreement (“Agreement”), is made by and between Our Gathering Place, a Massachusetts Limited Liability Company, (the “Company,” or “OGP”), and the “Client.”
The Company and the Client shall be referred to as the “Parties.” This Agreement shall include any child/children of the Client.
SCOPE OF THE TERM “CLIENT”
For the purposes of this Agreement, the term “Client” refers to the person(s) named on this form that is enrolling in a class or workshop offered by Our Gathering Place.
OUTSIDE CLASSES AND WORKSHOP
Workshops, classes and/or events must be scheduled and paid for in full no later than 24 hours before the class or workshop. To reschedule a class, please provide at least 14 days notice in order to receive a full refund.
PAYMENT FOR SERVICE
Our Gathering Place services are private pay only. Our Gathering Place does not bill third-party payers. It is Client’s responsibility to seek and ensure Client will be reimbursed for services. Our Gathering Place requires payment in full no later than 24 hours prior to commencement of services or of a class/workshop.
All payment for outside classes and workshops shall be made via Stripe/Paypal, ETC. By submitting payment via Stripe/Paypal, ETC., you secure your seat in the class or workshop. Payment is for you and one support person. For additional support persons, please inquire for rates.
CANCELLATION POLICY
Client must notify Our Gathering Place of a service cancellation at least fourteen (14) days prior to the scheduled time of service to avoid a charge for that service. If the Client fails to provide 14 days' notice prior to cancellation, Client shall pay Our Gathering Place for that day’s service since this time was specifically scheduled and held for the Client. No refund will be provided for a cancellation made less than 14 days in advance, or in case of a no-show. In the event that you deliver prior to your class date, a refund will be issued with a doctor’s note. If a cancellation is made less than 14 days in advance, the payment may be used as a credit towards a service offered by Our Gathering Place. The Client shall not dispute the charges billed pursuant to the mutually agreed-upon schedule.
INCLEMENT WEATHER OR INSTRUCTOR ILLNESS
Our Gathering Place will contact all parties registered for a class, workshop, or event, if the class/workshop/event has been canceled due to inclement weather or instructor illness. In the event of a canceled class, Our Gathering Place will offer another date for the same missed class or re-enroll you into the next scheduled class being offered.
ADDITIONAL POLICIES AND INFORMATION
Our Gathering Place is not responsible for any parking fees incurred during a class, event, or workshop. Information provided in all classes, events, or workshops taught by Our Gathering Place is offered for educational purposes only and should not be construed as medical advice. Such information is not intended to be complete, nor to replace the proper and thorough medical advice of your own physician or healthcare provider. Attendees of group classes and private classes, as well as events and workshops, disclaim any and all liability for any injury or other damages which may be directly associated with the communication or review of information contained in our classes/workshops/programs.
LIMITATIONS OF LIABILITY
By signing this Agreement, the Client on his/her behalf hereby waives all claims against Our Gathering Place and its successors, officers, members, agents, independent contractors, and employees from any and all actions, causes of action, claims, demands, cost liabilities, expenses, and damages (including attorney's fees) arising out of, or in connection with, the Client’s attendance and/or participation in any classes/workshops offered by Our Gathering Place and shall indemnify, defend, and hold harmless Our Gathering Place and its successors, officers, members, agents, independent contractors, and employees from any such foregoing actions, causes of action, claims, demands, cost liabilities, expenses, and damages (including attorney's fees) which are asserted by the Client and/or by individuals or entities who are not parties to this Agreement.
GOVERNING LAW; ENFORCEMENT COSTS
This Agreement will be construed in accord with, and any dispute arising from any breach or asserted breach of this Agreement will be governed by, the laws of the Commonwealth of Massachusetts. Neither party to this Agreement shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through negotiations with the other party. If a dispute is not resolved within three (3) weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, either party may request the appointment of a qualified mediator. If Our Gathering Place is forced to take legal action to enforce this Agreement or institute collection efforts for any amounts due under this Agreement, all fees and costs, including but not limited to, collection fees, attorney’s fees, travel expenses, court costs, and any post-judgment collection fees, shall be the sole responsibility of the Client.
INTEGRATION
This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of such taken together shall constitute only one Agreement, superseding all prior understandings, oral or written; and it is expressly understood that this Agreement does not obligate either party to enter into any other or further agreements. A facsimile signature shall be deemed legally binding.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement will be construed to give any rights or benefits in this Agreement to anyone other than Our Gathering Place and the Client. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Our Gathering Place and the Client, and not for the benefit of any other party.
ENTIRE AGREEMENT
This Agreement and any writing incorporated by reference herein constitute the Parties’ entire agreement. There are no restrictions, promises, representations, warranties, covenants, or understandings other than those expressly set forth herein. This Agreement supersedes all prior agreements between the Parties and may be modified or amended only by a writing signed by the Parties.
AMENDMENT
This Agreement may be amended only by a writing signed by the Client and by a duly authorized representative of Our Gathering Place.
SEVERABILITY
The invalidity or unenforceability of any provision hereof (as determined by a court or arbitrator of competent jurisdiction) shall in no way affect the validity or enforceability of the remainder of this Agreement or any other provision hereof.
MODIFICATION AND WAIVER
No oral modifications shall be effective, and no delay or failure on the part of either party to insist on compliance with any provision hereof shall constitute a waiver of such party’s right to enforce such provision. All waivers must be in writing by a duly authorized representative of the party.
CONSTRUCTION
The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party. All pronouns and words denoting gender shall be construed so as to refer to the masculine, feminine, neuter, or singular form thereof as the identity of the persons, entities, and situation may require.
NOTICES
All notices and other communications hereunder will be in writing or by written telecommunication and will be deemed to have been duly given if delivered personally or if mailed by certified mail, return receipt requested or by written telecommunication to the relevant address of the party, or to such address as the recipient of such notice or communication will have specified to the other party hereto in accordance with this section.