Terms
Website and General Terms | EFT Tapping Waiver | Retreat Waiver
Last Updated: March 3, 2020
Website Usage and General Terms
Please read these Terms and Conditions of Service (“Terms”) carefully before purchasing any services or products through www.themommatribe.com or www.meggiemartin.com and before using The Momma Tribe Website, operated by Meggie Martin Momma Tribe, LLC. (“The Momma Tribe”, “Momma Tribe””Illuminated Mom”, “Meggie Martin”, “us”, “we”, or “our”).
USE OF THIS WEBSITE. By using or interacting with The Momma Tribe through this Website or with any tools, websites, applications or other electronic destinations accessible through this Website or The Momma Tribe by The Momma Tribe, you are agreeing to these Terms, the Privacy Policy of The Momma Tribe and the terms of service and terms and conditions of any of the tools, websites, applications or other electronic destinations you access through this Website.
The Momma Tribe reserves the right, in its sole discretion, to terminate your access to the Website and any of the related services at any time, without notice.
Please read The Momma Tribe Privacy Policy before using the Website.
I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY ME, OR LOSS OR DAMAGE TO PROPERTY OWNED BY ME, AS A RESULT OF PARTICIPATION IN ANY PROGRAM PURCHASED.
IF YOU DISAGREE WITH THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
UPDATED TERMS. These Terms may be updated from time to time, at The Momma Tribe’s sole discretion. It is your responsibility, as the viewer or customer, to check these Terms regularly to see if any terms have changed, and to alert The Momma Tribe if you do not agree with the changes that have been made.
INTELLECTUAL PROPERTY. This Website, its contents, services, and products offered, and all content distributed by it, are owned by or licensed to The Momma Tribe. Users have no legal rights to our Website content. You should assume that material contained on our Website, any services we offer and any tools, websites, applications or other electronic destinations accessible through this Website, are proprietary and either trademarked or copyrighted.
PHOTO RELEASE. If you submit images to The Momma Tribe, you agree that The Momma Tribe may use such images for The Momma Tribe’s portfolio, advertising, Website, blog and magazine or newsletters and any other means of promotion of The Momma Tribe. You waive any right to payment, royalties or any other consideration for the use of the images. You waive the right to inspect or approve how The Momma Tribe will use the images, including in written or electronic copy, wherein your likeness appears. You agree to hold The Momma Tribe harmless and release and forever discharge it from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have, by reason of this authorization. You also agree that your representations in this Photo Release section apply to any other persons who are in images that you submit to The Momma Tribe and that you will indemnify The Momma Tribe for any claims by other persons who appear in images that you submit and you will pay The Momma Tribe for any attorneys’ fees, costs, settlements and judgments relating to such claims.
DISCLAIMER. THIS WEBSITE AND THE SERVICES AND DISCUSSIONS AND SERVICES OFFERED THROUGH THIS WEBSITE, DO NOT PROVIDE PROFESSIONAL COUNSELLING AND PSYCHOLOGICAL OR MEDICAL ADVICE. Any information on this Website or provided as part of any services booked through this Website or discussions had as part of any services provided through this Website, are provided for educational purposes only and are not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use information on this Website or provided through services purchased, for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment related to your health. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Information provided on this Website or through any services that we offer and the use of any products provided or referenced by us DO NOT create a dietitian, physician or other patient relationship between you and us or anyone that is referenced on our Website. Information and statements regarding any dietary supplements or other consumable products available on this Website or as part of any discussions or services provided through this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
We do not guarantee that you will like our advice or suggestions. Your use of anything that you read on, or purchase through, our Website is completely up to you and you should consult with whoever you wish concerning such subjects. We do not endorse recommendations offered by visitors to our Website. You should evaluate any such recommendations and seek any advice that you wish.
ELECTRONIC COMMUNICATIONS. Visiting www.themommatribe.com or sending emails to The Momma Tribe constitute electronic communications. You consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
LIMITATION OF LIABILITY. You agree that, to the fullest extent permitted by law, absent The Momma Tribe’s intentional or willful misconduct, The Momma Tribe’s maximum total liability for any claims, breaches or damages by reason of any act or omission, including breach of contract and negligence, shall be limited to the amounts paid by you to The Momma Tribe relating to the services or products giving rise to the claim or $250 if you did not pay for any services or products giving rise to the claim. You agree that, to the fullest extent permitted by law, absent The Momma Tribe’s intentional or willful misconduct, The Momma Tribe shall not be liable for any claims for punitive damages, consequential damages, indirect damages, personal injury or sickness, emotional distress, mental anguish, lost profit, loss of enjoyment, lost revenues and/or replacement costs. The Momma Tribe is not responsible for any defective products or imperfect resources purchased by you or on your behalf through The Momma Tribe or that The Momma Tribe provides, and you waive any right to pursue any claim, demand or cause of action against The Momma Tribe for such injury or damage. The Momma Tribe is not responsible for the performance or non-performance of any third party that is referred to on the Website or that can be accessed through the Website, and you expressly agree to waive any claims, demands or causes of action against The Momma Tribe with respect to goods or services of any such third party. This limitation of liability applies to you and anyone claiming based on your injuries or damages, including subrogation claims. You acknowledge and agree that these limitations reflect a fair allocation of risk and that The Momma Tribe would not provide its services and products without these limitations on its liability. Any claim against The Momma Tribe must be commenced within one year of the facts giving rise to the claim.
You are agreeing that Minnesota law governs our relationship. However, if a court should determine that another State’s law governs, that law may or may not allow all of the limitations of liability set forth above.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless The Momma Tribe and its employees, agents, independent contractors, officers, directors, members and/or managers for any injury, property damage, liability, claim or other cause of action arising out of or related to the performance or non-performance of third parties and arising out of or related to any of your acts.
DISPUTE RESOLUTION. For any dispute between you and The Momma Tribe, you agree to mediation to be held in Hennepin County, Minnesota, before a mutually acceptable mediator. The Momma Tribe and you shall share equally in the cost of the mediation.
MINNESOTA LAW AND COURTS. To the maximum extent permitted by law, your use of the Website and your interaction with us are governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes with us.
By ordering services or products through this Website, you are accepting and acknowledging these terms upon purchase.
EFT Tapping Waiver Specific Terms
The Momma Tribe is thrilled to offer speaking and guidance in EFT Tapping, facilitated by Meggie Martin who has completed the EFT Practitioner Certification Program, level 1. Before diving in, we need to address a few logistics regarding participation and your release of liability. Together with the Website and General terms outlined above, the following language governs your participation in EFT Tapping with The Momma Tribe.
By participating in EFT Tapping speaking and guidance, you agree to the following terms and conditions:
Participation.
The information and guidance presented including ideas, suggestions, techniques, training, exercises, instructions, power point slides, handouts, and other materials (collectively, the “Materials”) is educational in nature and is provided only as general information and is not medical or psychological advice. You understand and agree that if guided to identify points of importance and educated in how to address those points of importance, that you still should consult a medical practitioner and if and when you do proceed with any remedies, you release The Momma Tribe from all liability that may or may not be associated with the educational guidance it gives you.
EFT Tapping.
By participating, you understand you will be learning about and using an innovative energy technique based on the newly emerging field of energy psychology called Emotional Freedom Techniques or EFT. EFT is currently not officially identified as an evidence-based technique and may be considered experimental. EFT is self-regulated and considered an alternative or complementary method in the United States. The prevailing premise of EFT is that the flow and balance of the body’s electromagnetic and more subtle energies are important for physical, mental, and emotional health, and for fostering well-being. EFT looks at and seeks to address stressors and imbalances within an individual’s energy system, as well as the energetic impact of how thoughts, beliefs, and emotions can influence the health and well-being of an individual. EFT uses the ancient Chinese meridian system to balance the energy system with a gentle tapping procedure which stimulates designated meridian end points on the face and body while focusing on issues of emotional intensity in order to release the intensity and reframe the issues. Please be advised EFT has several applications, including use as a self-help tool, a coaching method, and as a therapeutic technique for licensed health care professionals. With The Momma Tribe, you understand that you are merely being educated on the practice, through a practical approach, however you agree to seek any professional counsel that you deem necessary.
Assumption of Risk; Release of Liability.
The risks and benefits of EFT are not fully known and thus you agree to assume and accept full responsibility for any and all risks associated with using EFT and for applying what you may learn to a real-life scenario. Further, you agree and understand that this Agreement is intended to be a complete unconditional release of liability and assumption of risk to the greatest extent permitted by law.
Please be advised that through your participation, it’s possible to experience some physical discomfort or emotional distress that can be perceived as negative. It’s also possible to experience some emotional distress or physical discomfort related to stressful or overwhelming experiences you may have had earlier in your life. You agree to seek assistance from appropriate medical professionals, should your participation inadvertently activate distressing reactions in you. In addition, if you voluntarily choose to participate in any EFT demonstrations, you understand that physical touch may be applied. If you have any misgivings, doubts, or any negative reactions to any physical contact it is important that you let the Facilitators know so that your choice not to have physical contact can be honored.
Any information, stories, examples, or testimonials presented do not constitute a warranty, guarantee, or prediction regarding the outcome of an individual using EFT for any particular purpose or issue. Further, you understand The Momma Tribe makes no warranty, guarantee, or prediction regarding any outcome for you using EFT during or after your participation, for any particular purpose or issue.
You understand that your participation is strictly voluntary, at your own risk, and that you freely choose to participate. You represent that you’re competent and able to understand the nature and consequences of participating and that that you have been given the opportunity to ask questions regarding any aspect of this Agreement. Further, you represent that you are an adult under the laws of the state of your residence and you have the right to enter into this Agreement. This Agreement shall be binding upon you and your heirs, legal representative, and assigns.
Retreat Waiver Specific Terms
Together with the Website and General terms outlined above, the following language governs your participation in a Momma Tribe retreat.
The Momma Tribe Documents.
You understand and acknowledge that upon registering for a Momma Tribe retreat, you may be asked to review and agree to additional documentation that will be provided to you via email or by other electronic means. This will not always be the case, however if it is, the documents will be sent to you and your payment will act as a reservation; you will have 24 hours from the time of receipt to review the additional Momma Tribe documents, if you so choose to. Please note that the deposit amount is non-refundable, so please ensure to review these Terms and Conditions and Privacy Policy prior to booking.
Eligibility.
We can only welcome you if you are 18 years of age or older. Please do not take this as exclusion, rather legally necessary for the many situations we may encounter during our time together, that will require one to be at least 18 years old.
Reservations and Payment.
Given the limited number of attendee spots, we require a non-refundable deposit or payment in full, at the time of booking. We reserve the right to impose special payment policies at our discretion; you will be advised prior to booking if these apply. The Momma Tribe is not responsible for any penalties (cancellation or otherwise), fare increases, or fees incurred due to late payment. Submission of payment to The Momma Tribe signifies the acceptance of these Terms & Conditions.
Forms of Payment.
Payment may be made directly through this website, hosted by SquareSpace and PayPal, by whichever methods SquareSpace and Paypal allows through www.themommatribe.com.
Travel Documentation.
While travel is not included in your registration fee, we still care about your safe travels and will be asking for your travel documentation upon your booking of it, to ensure that we can coordinate with you. It is your responsibility to familiarize yourself with the most recent Transportation Security Administration (TSA) requirements for travel, to secure the proper travel requirements and to provide us with accurate information. Names provided to The Momma Tribe for customers must be an exact match to the passport or other acceptable government-issued identity document, that will be used during travel. You are responsible for all fees and expenses that may be incurred due to an incorrect name, or to the denial of travel due to an incorrect name.
Updated information regarding security measures and requirements for air travel are available at www.tsa.gov. We strongly suggest that you check this website for possible changes due to security measures, and requirements for air travel for your scheduled destination(s).
Cancellation and Refunds.
Given the very availability of each trip and the out-of-pocket expenses and contractual relationships The Momma Tribe has entered (and may enter) into throughout the planning process, The Momma Tribe enforces a clear cancellation and refund policy, absent some extraordinary circumstance. The Momma Tribe will assess a fee for cancellations depending on the date when we receive notification of your request to cancel your reservations. You may be refunded as follows:
The deposit of $________, whether paid in full or in part, is non-refundable.
If cancelled more than _____ months before your trip, you are eligible for _____ % refund of the remaining amount due.
If cancelled _____ to _____ months before your trip date, you are eligible for _____ % refund of the remaining amount due.
If cancelled within _____ months of your trip, you will not be eligible for a refund of the remaining amount due.
The only exception to this policy is if the trip needs to be cancelled due to insufficient registration.
With respect to the travel arrangements made in connection with this transaction, The Momma Tribe is not responsible or liable for any acts, omissions, financial stability, delays or changes by any third parties.
You agree that absent their willful or intentional misconduct, neither The Momma Tribe nor any of its representatives shall be or become liable or responsible for any loss, injury or damage to person, property, or otherwise in connection with any accommodations, transportation or other services arranged or scheduled by The Momma Tribe.
Since extraordinary circumstances, including but not limited to, acts of God, dangers incident to the sea, fire, breakdown in machinery, acts of governments - de jure or de facto, war, hostilities, civil disturbances, strikes, riots, thefts, epidemics, medical quarantines, customs regulations, and defaults, delays or cancellations of or changes in itinerary, routing or schedules, and loss or damage resulting from insufficient or improperly issued passports, visas or other documents are always possible, we would recommend that you purchase travel insurance and talk to your insurance person to see which of these circumstances might be covered.
In the instance of weather or some other de jure or de facto act so severe that The Momma Tribes’ contract with the destination residence may be cancelled under the Force Majeure provision of it, any money paid to The Momma Tribe may be transferred to a future trip’s date.
Insufficient Bookings.
The Momma Tribe will only be held if there are sufficient bookings to cover the costs that the organizers incur. If there are insufficient bookings, you will be refunded your payment in full, however you are accepting the sole responsibility for travel and any out of pocket fees that you personally incur. We recommend travel insurance in the rare instance that The Momma Tribe does need to be cancelled.
Rates.
All rates are quoted in USD unless otherwise noted. Rates are subject to change at any time, without notice. The Momma Tribe reserves the right to make adjustments if a particular rate was incorrectly stated. Government and supplier-imposed taxes and fees are subject to increase at any time and are not covered by The Momma Tribe. Rates do not include ground travel from the airport to the destination, Airline travel, Airline baggage or seat assignment fees or other ancillary fees, passport and visa fees, departure taxes, gratuities, meals, beverages, insurance, telephone calls, additional bedding charges, laundry service, and other miscellaneous charges of a personal nature, except where specifically noted. The Momma Tribe is not responsible or liable for any delay, loss or damage to baggage and personal property.
Accommodations.
Facilities, guest services and amenities are provided at the discretion of the hotel or other supplier and are subject to change without notice. Any additional costs are your responsibility and are payable directly to the hotel. Room location, connecting rooms and bedding requests are not guaranteed and are based on availability at time of check in. Hotel descriptions and photos do not necessarily depict the actual room in which guests will be accommodated; maps and images may not be exact or to scale, and are for general description purposes only. Room standards are the sole responsibility of the hotel. Hotel ratings are based on information provided by the hotel.
Food Consumption; Medical Conditions.
The Momma Tribe will plan meals throughout the trip for your dining pleasure. It is your responsibility to disclose any allergies or medical conditions that you have during the intake process. If you make these disclosures, you are granting The Momma Tribe the necessary permissions to convey such conditions as necessary, to the food purveyors. While The Momma Tribe will make reasonable effort to convey the conditions you disclose, it is your sole responsibility to remind any waitstaff of food purveyor prior to your consumption. We do not, under any circumstances, accept responsibility for any damages that result to yourself or anyone else due to the consumption of food and related goods, or the use of this site and any materials located on it. We cannot take any responsibility for the effect this food and related goods may have on people.
Confidentiality.
You understand that any information regarding The Momma Tribe including any rate structure, included amenities and or dealings that related to The Momma Tribes operation in any way, are confidential between you personally and The Momma Tribe. You agree to not share any information with any third party, even those who are also attending The Momma Tribe. You understand that in the instance of breach, The Momma Tribe is entitled to immediate injunctive relief, and any other remedies available at law. You further agree that breach of this clause is not limited to any monetary amount, as the damage is immeasurable to The Momma Tribe.
Disabilities.
If you require special facilities, services or accommodations at the time of travel, it is your responsibility to disclose such needs to The Momma Tribe at time of registration. Wheelchair-accessible transportation and accommodations may be requested but cannot be guaranteed. Available accommodation standards vary by hotel or other supplier and are not within the control of The Momma Tribe. Your foreign destination may not conform to the United States Americans with Disabilities Act requirements, and facilities for disabled persons may be extremely limited. The Momma Tribe assumes no liability for the failure to provide such accommodations by a travel supplier.
No Professional Advice; No Professional Relationships.
We are thrilled to give you the opportunity to learn from and be educated by speakers in a variety of fields. The thoughts, ideas and direction shared with You during your time with The Momma Tribe constitutes education and guidance, but does not constitute professional advice or establish any professional relationship between You and any of the speakers or educators associated with The Momma Tribe. It will be up to You to hear the information and decide what to apply to your own business, but there should be no reliance without further discussion and a potential agreement with an individual professional.
Release.
For valuable consideration received, I grant to The Momma Tribe and its directors, officers, employees, agents, legal representatives, licensees, assigns, affiliates, subcontractors and customers, the absolute and irrevocable right and unrestricted permission concerning any photographs that it has taken or may take of me or in which I may be included with others, to use, reuse, publish, and republish, the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if it so chooses. I release and discharge The Momma Tribe from any and all claims and demands that may arise out of or in connection with the use of the photographs, including without limitation any and all claims for libel or violation of any right of publicity or privacy. I also provide this release to any third party to whom The Momma Tribe provides such photographs. This release shall be binding upon me and my heirs, legal representatives, and assigns.
Liability.
The Momma Tribe is only responsible for reserving the items listed in the reservation details. The suppliers providing transportation, sightseeing arrangements, excursions and other accommodations (“Suppliers”) for the retreat are independent contractors and are not agents, affiliates, representatives or employees of The Momma Tribe. The Momma Tribe has no ownership interest in any Supplier. Any use of the The Momma Tribe name by a Supplier is for identification purposes only, and does not constitute ownership, agency, supervision or control by The Momma Tribe. All documentation, receipts and tickets are issued subject to the terms and conditions specified by the Supplier. By utilizing the services of the Suppliers, you agree that The Momma Tribe shall not be liable for:
(1) any accident, loss, injury or damage to you or to those traveling with you in connection with any accommodations, transportation or other services or resulting directly or indirectly from any occurrences or conditions including, but not limited to, negligence, defects in vehicles or airplanes, equipment malfunction, strikes, “Acts of God,” riots, terrorist acts or threats, wars, acts of governmental authority, theft, delays, weather conditions, environmental conditions, bankruptcies, cancellations or changes in itineraries or schedules; and
(2) loss or damage to property or injury to persons, caused by reason of any act or omission, intentional, negligent or otherwise by such Suppliers. The Momma Tribe makes no implied or express warranties in the offering of any retreat described in these material.