Club 320 Terms and Conditions
320 MEDIA LLC provides services through a program known as CLUB 320 and You wish to participate in CLUB 320 and receive these services according to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties agree as follows:
Definitions:
The following definitions have the same meaning whether they are singular or plural. ‘Effective Date’ means the date of the Agreement and the date membership in CLUB 320 begins.
‘Agreement’ means the agreement constituted by Your offer to purchase a membership in the CLUB 320 Program and the acceptance of that offer which becomes effective as soon as the Provider sends written confirmation of Your reservation to You by email.
‘You/Your’ means you, a client reserving a membership in the CLUB 320 Program offered by the Provider via the Provider’s website or at an authorized live event or events, or a telephone reservation made with one of the Provider’s authorized consultants.
‘CLUB 320 ‘, ‘We’, ‘Us’ means 320 MEDIA LLC, a company incorporated in the USA whose registered office is 1049 Havenhurst Drive, West Hollywood, CA 90046 which acts solely as a collecting agent for the CLUB 320 Program on behalf of the Provider.
‘Terms and Conditions’ means the terms and conditions set out below and these definitions which together form part of the Agreement between You, the Provider and 320 MEDIA LLC as agent of the Provider.
‘Parties’ means You, the Provider, and 320 MEDIA LLC.
‘Provider’ means 320 MEDIA LLC being the provider of the CLUB 320 Program events.
‘Program Fee’ means the total fee payable by You to 320 MEDIA LLC in respect of the CLUB 320 Program.
‘CLUB 320’ means the interactive coaching program You have selected to join.
‘Rules and Restrictions’ means the terms and conditions applicable to the Suppliers with whom You have a separate agreement.
‘Service’ means a service introduced to You by the Provider which is supplied by a Supplier
‘Sites’ means websites operated by 320 MEDIA LLC and any of its affiliates.
‘Supplier’ means any third-party supplier of Services such as a hotel operator.
1 Booking Your CLUB 320 Place
Confirmation of Your membership in CLUB 320 will be sent to You by email. On receipt of this email, You are assured of Your membership in the program specified.
The Agreement between You and the Provider comes into force as soon as the Provider sends written confirmation of Your booking to You by email. These Terms and Conditions apply to the Agreement for the provision of the program and the provision of Services where the Provider acts solely as the interface between You and a Supplier.
2 What is Included
Your program will include a range of events and coaching services, including but not limited to:
Access to Virtual Retreats and Live Retreats, including limited guest passes;
Access to an exclusive CLUB 320 private weekend away;
Access to exclusive CLUB 320 coaching and wellbeing programs; Additional benefits as may be added from time to time.
The Provider can change the dates, times, speakers, content and coaches at any time for any (and all) part of the program. The Provider will email any notifications of changes from concierge@matthewhussey.com.
In the event that any coaching sessions have been scheduled, you are unable to change or amend the times or dates. If you are unable to attend a session you will forfeit that session.
You should know that all the products and services by the Provider are for educational and informational purposes only. Nothing on any of the Providers websites, or any content or coaching is a promise or guarantee of results. The Provider does not warrant in any form the results of achievements of the Services provided or the resulting deliverables. The Provider does not offer any medical, legal, tax, or other professional advice. You agree, at Your own expense, to operate in full compliance with all governmental laws, regulations, and requirements while participating in Club 320. You alone are responsible and accountable for your decisions, actions and results in life, and by booking your membership in the program you agree not to attempt to hold the Provider liable for your decisions, actions or results, at any time, under any circumstance.
3 Private Weekend Away – Hotel Accommodation Services
Hotel accommodation is a Service offered separately by the hotel Supplier and the Service is subject to any Rules and Restrictions made by the Supplier. These may include restrictions on changes and/or charges for cancellation.
All payments for Your accommodation must be settled directly by You with the hotel Supplier usually at the end of Your stay. Hotel Suppliers may require You to provide Your bank debit card or credit card details when We finalize Your hotel accommodation and in such cases we will ask You to provide that information directly to them.
Hotel prices communicated by 320 MEDIA LLC to You on behalf of Suppliers refer to accommodation Services to be arranged by the Provider on Your behalf but do not include any food, taxes, fees, resort fees, charges for optional elements, minibar snacks or telephone calls.
It is possible that, from time to time, particular activities offered by hotel Suppliers are varied or canceled for various reasons.
Rooms
Accommodation is in standard rooms which are subject to any Rules and Restrictions made by the Supplier.
Hotel Classification
The Provider makes every attempt to obtain high standards of accommodation and service for You in the choice of hotel Supplier. The indication of any comfort level in descriptions used in any content either online or provided directly to You corresponds to a classification based on local standards from information given to the Provider by the Supplier and is provided only as an indication. Standards can vary. Please refer to the hotel and travel feedback websites if You have any concerns or require more information.
You should always keep in mind Your purpose in attending the Program. The standard of hotel is not relevant to the Program, or the process You will go through and certainly not the results which You will obtain for Yourself after attending.
4 Traveling to the Program
You are responsible for making Your own travel arrangements and for the cost of Your own travel and are advised to make Your travel reservations at the earliest opportunity. You are also responsible for ensuring you have the correct Travel Insurance.
Travel Documents
It is Your responsibility to make sure You are aware of and comply with any legal requirements concerning passport, visa, currency and health regulations relevant to the program location. Immigration requirements may require Your passport to be valid for a minimum period after entering the country, typically 6 months. If Your passport is in the final year of validity You should confirm any necessary requirements before booking Your travel arrangements.
For information on visa requirements, You are advised to contact the U.S. embassy in Your own country. It can often take some time to obtain a visa so You are advised to apply as soon as possible and in plenty of time. All travelers wishing to enter the USA under the Visa Waiver Program (VWP) do not require a visa but must apply for authorization to travel using the Electronic System for Travel Authorization (ESTA). It is recommended You make Your application now to ensure that there are no issues arising. You can make the application online at https://esta.cdp.dhs.gov.
You should also make sure that You are aware of any changes to visa or health requirements before You travel. You are solely responsible for complying with all such requirements that may be needed.
Travel Safety/Comfort
You must review any health advice given to You and Your own health requirements together with any travel prohibitions, warnings, announcements and particularly governmental advice issued prior to traveling.
It is a strict condition of this Agreement that You must notify the Provider by email and in detail of any specific medical conditions which affects You and any health requirements You may have at the time of booking and in any event within 30 days of the date of the Agreement.
Travel Insurance
You should take out travel insurance that as a minimum covers cancellation, curtailment, delayed departure, abandonment, illness and transport home. You should verify that the scope of such insurance policy provides You with the cover that You require since these risks are Yours. If You elect not to obtain travel insurance, You do so at Your own risk.
5 Accommodations
If You suffer from any conditions that require an accommodation, You should notify the Provider immediately by email setting out exactly what that condition is and any specific requirements You may have. Provider will work with you to determine what options are available to provide accommodation.
6 Financial Conditions and Payment Procedures
Unless specified otherwise the cost of the program is always expressed in U.S. Dollars.
There is an initial 14-day cooling off period from the date of your first payment. You are entitled to a full refund at any time during the first 14 days and no reason has to be given. All monies paid after that date are non-refundable under any circumstances.
Balance Payment
If you have decided to pay by installments, a failure to make timely payments will mean your membership in the program will be terminated. You will be able to use monies paid towards a future Live Retreat but will lose access immediately to CLUB 320.
Payment for Services
Any indication of Supplier costs supplied by the Provider will generally be expressed in the currency of the location where the Services are provided.
Where cost indications are expressed in U.S. DOLLARS and this is not the currency of the location, You should note that these costs are estimated only. You must also bear in mind that they are based on exchange rates which are current at the date of the Agreement and allowance must be made for fluctuations which may affect the cost of the Services at the time of the Program. The Provider will act as Your agent in booking Your accommodation with any accommodation Supplier. It is agreed that the Provider’s responsibility as Your agent is limited to that extent and no further. The price of accommodation Services booked by the Provider on Your behalf must be paid directly to the hotel Suppliers as they direct which is usually at the end of Your stay.
Local Taxes and Payments
Local authorities in certain countries impose additional taxes (e.g. sales, occupancy, tourist taxes, etc.) to the cost of hotel Services provided by Suppliers for which You will be exclusively responsible.
7 Changes and Cancellation
Live events are not transferable and must be used during the Club 320 year for which You purchased a membership. Any request by You to change or cancel your membership in the program must be submitted by email to concierge@matthewhussey.com. No refunds will be available to you. The Provider is able to change the date, time and cost of the Live Retreats in the future at any time. If you are unable to attend any part of the program, you will be provided with recordings where eligible and there will be no alternative times or events offered.
Change of Booking Requests
The Provider does not allow any change from Your place on a Live Retreat to any other Live Retreat on a different date or at a different location. You must notify the Provider by email to concierge@matthewhussey.com if you are unable to attend a live event included in the program.
The Provider’s arrangement with all Suppliers for hotel accommodation provides that no changes can be made within 35 clear days of the event program and after that time such Suppliers may also impose additional charges or penalties. Where changes are requested less than 35 days before commencement, You must pay any such additional charges before the Provider will agree to make any change to Your Program booking.
Replacement Attendees
CLUB 320 comes with a Live Retreat place for you and another attendee. These places are issued to the individual named in the booking confirmation documentation and is exclusively for the use of that person and another. If either or both are unable to attend, these places can be assigned or transferred so another person can attend in Your place. They are not allowed to be resold by You to any third party.
Other Changes
The Provider may make changes to the advertised content of the program after the date of the Agreement where these changes are not made by the Provider in bad faith and insofar as such changes are not (in the opinion of the Provider) significant and do not affect the overall character of the Program.
Force Majeure and other matters
The Provider shall not be liable for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, pandemic, accident, earthquakes, inclement weather, telecommunication or internet failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, acts of God, or other similar or different occurrences beyond the reasonable control of the Party so defaulting or delaying in the performance of this Agreement, for so long as such force majeure event is in effect. The Provider will use reasonable efforts to notify You of the occurrence of such an event as soon as practicable.
8 The Provider ‘s Obligations to You
The Provider is responsible for:
a) Delivery to You of the Club 320 content;
b) Using reasonable efforts to select and recommend appropriate Suppliers.
The Provider is not responsible for:
a) Any inaccuracy in the description of Services provided by Suppliers to You;
b) Verifying the accuracy of information which has been received from Suppliers or others including information published in local, hotel or other brochures, and on hotel and other travel-related websites and which has been published by the Provider;
c) The standard of any Services provided by Suppliers or any third party to You.
d) The Services to be performed hereunder are professional services and advice. Provider does not warrant in any form the results or achievements of the Services provided or the resulting work product and deliverables. It is understood that there is no guarantee or assurance that any particular result will be reached. Nor does Provider guarantee, despite good-faith efforts, that any project or campaign will reach all the desired goals. Provider warrants that the Services will be performed by qualified personnel in a professional and workmanlike manner in accordance with the generally accepted industry standards and practices. Provider shall comply with all statutes, ordinances, regulations, and laws of all international, federal, state, county, municipal, or local governments applicable to performing the Services hereunder.
LIMITATION OF WARRANTY. THE WARRANTY SET FORTH IN THIS SECTION 8 IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES, WORK PRODUCT, OR DELIVERABLES PROVIDED UNDER THIS AGREEMENT, OR AS TO THE RESULTS WHICH MAY BE OBTAINED THEREFROM. PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. PROVIDER SHALL NOT BE LIABLE FOR ANY SERVICES OR WORK PRODUCT OR DELIVERABLES PROVIDED BY THIRD-PARTY VENDORS IDENTIFIED OR REFERRED TO YOU BY THE PROVIDER DURING THE TERM OF THIS AGREEMENT, PURSUANT TO ANY STATEMENT OF WORK OR OTHERWISE. YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS REPERFORMANCE OF THE SERVICES ACCORDING TO THE CANCELLATION POLICY, OR IN THE RARE CASE WHERE A COURT DEEMS A BREACH TO HAVE OCCURRED, A REFUND OF AMOUNTS PAID UNDER THIS AGREEMENT FOR NON-CONFORMING SERVICES.
9 Limitation of Liability
You agree that the liability of the Provider and CLUB 320 under this Agreement excludes the following:
a) All liability arising out of fraud or fraudulent misrepresentation or any other loss save that which that is excluded by law;
b) All and any liability for loss whether in contract or tort or otherwise which is not a direct consequence of negligence, lack of care, breach of statutory duty or breach of contract by the Provider or 320 MEDIA LLC;
c) The cost of any Services or other expenses including but not limited to travel and insurance.
You agree to indemnify, hold harmless, and defend Provider, its owners and representatives, including but not limited to Matthew Hussey (collectively, “Indemnified Parties”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by Indemnified Parties collectively or separately, arising out this Agreement or any third-party claim.
10 Your Responsibility
The program is for educational purposes only and no warranty is given for the benefits which result from it. You are responsible for any decisions You make or any actions You take as a result of Your attendance at the Event and You agree that the Provider, 320 MEDIA LLC, and Matthew Hussey cannot be held responsible for the results of any such action or decisions taken by You.
11 Physical Activities
The Provider and 320 MEDIA LLC may invite You to take part in activities which may be dangerous or pose a risk to Your health including but not limited to exercise, sporting activities, and other physical activities, including saunas and ice baths. You are under no obligation to take part in these activities, and You do so at Your own risk. By choosing to participate in such activities, You warrant to the Provider that You have considered all physical and medical conditions that may apply to You and that You consider Yourself fit to participate and do so at Your own risk.
12 Photographs and Illustrations
The Provider occasionally provides photographs and illustrations giving a depiction of the Services offered. The purpose of these photographs and illustrations is only to provide You with a visual indication of the general nature of the event and any location, the general level of accommodation and general degree of comfort and they are not to be interpreted as making any representation exceeding this.
13 Recording and Copyright
Any recording of all or part of the Event by any means is strictly prohibited and infringes the copyright of the Provider and Matthew Hussey and could result in Your exclusion from the Event at the discretion of the Provider. You are prohibited from posting or publishing on the internet or elsewhere or making public in any way any recording or reproduction in any form of the Event or any of the content of the Event or any of the materials provided to You in any form. This content and these materials remain the proprietary information of Provider at all times, and Provider retains all intellectual property and moral rights therein. Any violation of these terms would allow the Provider to seek redress in the form of damages and/or other action as provided by law.
The Provider and 320 MEDIA LLC may create audio, video or photograph record of the Event and there is a possibility You may be included in any such reproduction as a result of Your attendance. These terms and conditions and Your acceptance and attendance at the Event confirm Your consent to the Provider and 320 MEDIA LLC for the use of any of these reproductions of all or part of the Event for commercial purposes. You specifically consent to the Provider using your image, voice, or likeness in this manner.
14 Ownership of Work Product
This is not a work-for-hire agreement. The copyright in all content, coaching services, and other deliverables under this Agreement shall belong to the Provider. All intellectual property rights in all pre-existing works and derivative works of such pre-existing works and other deliverables and developments made, conceived, created, discovered, invented, or reduced to practice in the performance of the Services hereunder are and shall remain the sole and absolute property of the Provider, subject to a worldwide, non-exclusive license to You for Your internal use as intended under this Agreement while this Agreement is in effect, and the Provider retains all moral rights therein. This Agreement does not grant You any license to any of the Provider’s products, which products must be separately licensed in a separate written agreement.
15 Confidentiality
The Parties acknowledge and agree that during the term of this Agreement, each may receive confidential information from the other party. “Confidential Information” shall mean (1) information relating to a party’s personal or business information including, but not limited to, travel plans and arrangements, personal information, the computer software or other technical information, business plans, financial records, strategies, inventions, designs, and know-how or other intellectual property of the parties and their affiliates that may be at any time furnished, communicated or delivered to the other party, whether in oral, tangible, electronic or other form and (2) all other non-public information provided by one party to the other including, but not limited, to personal, financial, technical and business information, and all non-promotional materials furnished by one party to another. This Agreement and its terms and conditions shall be considered Confidential Information.
b) The Parties agree to maintain the other party’s Confidential Information in confidence and disclose the Confidential Information only to its employees, subcontractors, and consultants who have a need to know such Confidential Information in order to fulfill the business affairs and transactions between the Parties contemplated by this Agreement and who are under confidentiality obligations no less restrictive as this Agreement. The Parties shall protect the other party’s Confidential Information by using the same degree of care as the receiving party uses to protect its own information of a like nature, but no less than a reasonable degree of care, to prevent the unauthorized use, disclosure, dissemination, or publication of the Confidential Information. The receiving party agrees not to use the disclosing party’s Confidential Information for its own purpose or for the benefit of any third party, and shall not reproduce the Confidential Information, without the prior written approval of the other party.
c) The Parties shall not have any obligations to preserve the confidential nature of any Confidential Information that (1) the receiving party can demonstrate by competent evidence was rightfully in the receiving party’s possession before receipt from the other party; (2) is or becomes a matter of public knowledge through no fault of the receiving party; (3) is rightfully received by the receiving party from a third party without, to the best of receiving party’s knowledge, a duty of confidentiality; (4) is independently developed by the receiving party without use of the other party’s Confidential Information; or (5) is disclosed by receiving party with the other party’s prior written approval.
d) If the receiving party is confronted with legal action to disclose Confidential Information received under this Agreement, the receiving party shall, to the extent legally permissible, promptly notify the disclosing party and reasonably assist the disclosing party in obtaining a protective order requiring that any portion of the Confidential Information required to be disclosed be used only for the purpose for which a court issues an order, or for such other purposes as required by law.
16 General Provisions
You agree that:
a) Any failure by either the Provider or 320 MEDIA LLC to strictly enforce the Agreement at any time shall not constitute and shall not be construed to mean a waiver of any of Your obligations to the Provider and to 320 MEDIA LLC.
b) If any of these terms of use are found unlawful, void, or for any reason unenforceable, then such provision will be considered severable from the remaining terms of use and will not affect the validity and enforceability of the remaining provisions. These terms may be modified only by our posting of changes to these terms of use on our Sites.
c) If Provider incurs any costs, expenses, or fees, including reasonable attorneys’ fees and professional collection service fees, in connection with the collection or payment of any amounts due under this Agreement, You agree to reimburse Provider for all such costs, expenses, and fees.
d) This Agreement is the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the You and the Provider, whether written, oral, electronic, or otherwise.
e) You are not relying upon any representations or statements made by the Provider, Matthew Hussey, or Provider’s employees, agents, representatives, or attorneys regarding this Agreement, except to the extent such representations are expressly set forth herein.
17 Applicable Law
You agree that the Agreement shall be governed by and shall be construed exclusively in accordance with the laws of the USA and You agree that all disputes arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the Courts of the USA.
