TERMS OF ENGAGEMENT

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 1. INTRODUCTION

 

The terms “we,” “us” and “our” refer to GerlieMa Lee Empowerment Company Limited. The terms “Website” or “Site” refers to https://www.gerliemalee.com/ as well as other social media platforms linked on the Website including Facebook, Instagram and LinkedIn operated by us. The terms “you,” and “your” refer to any client of our Services (“Client”) and / or customer of our Products (“Customer”), whether personal or business entities, and include, but are not limited to, your agents, representatives, contractors, affiliates, and employees. 

 

These terms of engagement (“Terms”) are prepared in accordance with Hong Kong law. It does not warrant that the Product or Service (“Offering”) will satisfy the laws of any jurisdiction other than Hong Kong.

 

 2. ACCEPTANCE OF THE TERMS

 

By engaging or participating in our Offering, you agree to have read and to be bound by these Terms without modification. 

 

You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you at the time of your purchase or booking (as applicable).

 

We may change or amend the Terms at any time. Any changes to the Terms will be posted on our Website, and (if applicable) made available at the time of your purchase or booking, and will be effective when published unless otherwise stated. If you engage or participate in our Offering after the effective date of any changes, you therefore agree to comply with the changes and the updated Terms.

 

We take your privacy seriously and any information which you provide (knowingly or unknowingly) through your purchase is subject to our Privacy and Cookie Policy which may be applicable from time to time and is incorporated into these Terms. We do not sell or licence your Personal Data to third parties for their own marketing or commercial purposes, unless you provide your express prior consent. 

 

3. BOOKINGS AND CANCELLATIONS

 

Bookings for private coaching are non-refundable and non-transferable. Bookings may not be rescheduled within 24 hours of the date of the Offering event. If the reschedule request or cancellation of your booking is not accepted, you will forfeit the full amount of your booking if you are unable to or do not attend. Any earlier rescheduling that occurs more than twice will be subject to a $300 administration fee. 

 

Bookings for workshop and retreats (including day retreats) are non-refundable and non-transferable. Clients can request to cancel their booking by contacting us within 3 days after they make a payment if their request is made more than 30 days prior to the event. Any requested cancellation which is accepted (at our sole and absolute discretion) will be subject to a $300 administration fee. If the request to cancel your booking is not accepted, you will forfeit the full amount of your booking if you are unable to or do not attend.

 

For any requests to reschedule or cancel any bookings due to unforeseen circumstances, please contact us by BOTH (i) phone or WhatsApp on +852-6896-3338, and (ii) email at info@gerliemalee.com. Your failure to provide BOTH forms of notification for a request to reschedule or cancel will render your requested cancellation of the relevant booking not effective. In the event of a request from you to reschedule or cancel any of your bookings due to unforeseen circumstances, we reserve the right (at our sole and absolute discretion) to consider your request and will notify you of our decision (which shall be final and not open to review or challenge) once we have received and considered your explanation and any supporting information. For the avoidance of doubt, all bookings will be postponed to a further date to be agreed between us in accordance with the laws and regulations of the laws of Hong Kong SAR in the event of a Typhoon No. 8 signal or a black rain warning is hoisted by the Hong Kong Observatory or such other competent administrative body in its place. 

 

We reserve the right to change any date or location of our Offering at any time due to any unforeseen circumstances which have arisen or are reasonably likely to arise beyond our control. 

 

4. WAIVER

 

You will be solely liable for your safety and wellbeing while participating in the Offering. You waive all claims for any liability against us, our agents, representatives, contractors, affiliates, and employees arising from your such participation in the Offering. 

                                                                                    

Any meditation, breathwork, yoga, or other physical practice which we may deliver is intended to be introductory in nature. However, if you are new to such practice, or have any underlying health conditions (mental or physical) you should seek the support and / or guidance of a suitable medical professional before participating in the Offering. 
                       

While our Offering is designed to be inclusive and welcoming for individuals with a variety of abilities, if you have any specific health conditions (whether you are aware or not of such condition at the time of participating in the Offering), we are not liable for any accidents, injuries or death to you or any other participant in the Offering, or for any loss or damage to property belonging to you or any other participant in the Offering. 

            

We waive any liability which may directly or indirectly arise from your own actions or inaction in completing any written / and or practical assessments, if applicable, which we have stipulated as being required as a prerequisite to participate in this Offering. 

 

You accept and acknowledge all risks associated with the Offering taking place in a public venue under conditions which may from time to time be beyond our control. 

 

You agree to familiarise yourself with, and agree to also be bound by, the applicable terms and privacy policy of the applicable location where the Offering is held.

 

5. CONFIDENTIALITY, INTELLECTUAL PROPERTY AND DATA PROTECTION

 

We understand and respect the value of any information that you may disclose to it or that may be disclosed as part of the provision of the Offering to which this Agreement relates (collectively, “Confidential Information”).

 

Confidential Information for the purposes of these Terms excludes any information that:

a)    was already known to us before we were provided with that information by you;

b)    is already accessible in the public domain;

c)     is provided to us by a third party separately from the Terms and without any breach of the Terms; or

d)    is produced, developed or collated by us independently of you and without any breach of the Terms.

e)    This clause will not apply in the event we are subject to a relevant court or other forms of legal or statutory order requiring disclosure by us.

 

 You hereby agree and undertake:

a)    not to infringe any of our copyrights, patents, trademarks, trade secrets or other intellectual property rights;

b)    that any of our Confidential Information which we disclose is confidential and proprietary and belongs solely and exclusively to us;

c)     not to disclose such Confidential Information to any other person or use it in any manner other than in discussion during meetings;

d)    that all materials, information and any data provided by us, including our Confidential Information, are our confidential and proprietary intellectual property and belong solely and exclusively to us, and may only be used by you as expressly authorised by us; and

e)    the reproduction, distribution, and/or sale of any information or materials provided during provision of the Offering or at any time thereafter by anyone but us is strictly prohibited. 

 

You agree that in the event of any breach of your obligations then damages, loss or irreparable harm may arise and that in such circumstances we will be entitled to seek relief, including injunctive relief against you.

 

Where any of the work products created by us (including for translation, proofreading or editing work) contain or involve intellectual property belonging to a third party, the use of that material will be governed by that third party’s terms and it shall be your responsibility to seek consent to use that material. We will not be liable to you in respect of our use or attempted use of materials which contain intellectual property belonging to a third party.

 

No recording by you of any of the workshops or retreat sessions is permitted.

 

We may take photos and / or videos during the Offering. By participating in the Offering, you hereby grant us a worldwide, non-exclusive royalty-free licence to use any images or content including your photographic, video or digital likeness which we obtain during the Offering, and you agree to waive your rights to any copyright over such photos and / or videos.

 

If you believe that your intellectual property rights are being violated or that any work which is your property has been reproduced in our Offering or in any content in any way, you may notify us at info@gerliemalee.com. Please provide your name and contact information, the nature of your work and how you believe it is being violated, all relevant copyright and / or trademark registration information, the image of the violation, and any other information you reasonably believe is relevant.

 

6. LIABILITY AND INDEMNITY

 

We have made every effort to accurately represent the Offerings. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. 

 

We will not be liable to you for any indirect, consequential or special damages. In the event damages are incurred by you as a result of your default or violation of any of the Terms, our entire liability in relation to our engagement is limited to the amount paid by you to us as at the time the loss is sustained.

 

You agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.

 

You agree to release us and hold us harmless, as well as our agents, employees, contractors, or clients from any obligation or liability whatsoever; and to fully indemnify us against all losses and damages (including legal costs) for all demands, claims and / or proceedings made against us arising out of or in connection with the Offerings.

 

7. GENERAL

 

Every effort will be made to carry out these Terms and provide the Offerings, but we shall not be liable for any delay or failure in the provision of the Offering should we be prevented or delayed by reason of an act of God, strike, war, riots, lock outs, fire, epidemic, flood, accident, delays in transit, any act or omission of a telecommunications officer or third party supplier of services, or any other circumstances beyond our control. In such circumstances time of delivery of the Offering shall be extended until a reasonable time after the event preventing or interfering with the due execution, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof. 

 

This Agreement is formed in Hong Kong SAR, our principal place of business and this Agreement and the rights of the parties to this Agreement shall be governed by the laws of Hong Kong SAR. The Parties to this Agreement submit to the exclusive jurisdiction of the Courts of Hong Kong SAR and the laws from time to time in force.

 

Save as provided for in the Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to this Agreement.

 

These Terms may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

 

 

Last Updated: September 1, 2023