The Visionary.CEO LLC
Terms and Conditions of Use
Hawaii Gathering Addendum

These Terms and Conditions of Use (“TOU”) apply to participation in any and all programs, gatherings, retreats, or events hosted by The Visionary.CEO LLC (“the Company”), including in-person experiences such as the Hawaii Gathering. By registering for and attending a Gathering, you are agreeing to these Terms, including the general TOU and the specific Gathering-related provisions outlined below.

Hawaii Gathering Terms & Provisions

In addition to the general Terms and Conditions applicable to all Programs, the following terms apply specifically to participants attending the Hawaii Gathering hosted by Kris Plachy and The Visionary.CEO LLC:

1. Travel and Logistics

• You acknowledge and agree that you are solely responsible for arranging and funding your own travel, accommodations, and meals throughout the duration of the retreat.
• Lunch will be provided by the host on Day One and Day Four of the Gathering. These lunches may be boxed, catered, or served at a local restaurant.
• One group dinner is included as part of your retreat registration.

2. Dietary Accommodations

• We will do our best to accommodate any special dietary needs or restrictions; however, we cannot guarantee all requests will be met. Participants will be given a questionnaire before the event to communicate any needs.

3. Environment and Outdoor Conditions

• You understand that the Gathering takes place primarily outdoors, rain or shine. Participants may walk to event locations, which may include sandy, muddy, or slightly rocky walkways, and may be at least 10 minutes from the nearest bathroom facility.
• You accept full responsibility for your participation in these settings and acknowledge that restroom access and shelter from natural elements may be limited.

4. Assumption of Risk and Responsibility

• You acknowledge that you are traveling and attending the Gathering at your own risk.
• You agree not to hold Kris Plachy, The Visionary.CEO LLC, or any affiliates responsible for any illness, accidents, injury, natural disasters, travel disruptions, or man-made events that may occur before, during, or after the Gathering.
• You understand there may be unexpected travel issues, cancellations, delays, or restrictions due to legal, governmental, or health-related directives. You agree not to hold the Company or its representatives responsible for such external disruptions.

5. Cancellation and Refund Policy

• Your registration fee is non-refundable, but may be transferable to another individual Gathering if your request is received at least four (4) weeks prior to the first day of the Gathering.
• If a request to cancel or transfer is received within four weeks of the Gathering, you may request to apply your registration fee toward a future retreat or gathering. Approval of such requests is at the sole discretion of Kris Plachy and the Team at The Visionary.CEO.
• In the unlikely event that Kris Plachy is unable to deliver the Gathering as scheduled, participants will be offered the option of a refund or to apply their funds toward a future event. Kris Plachy and The Visionary.CEO assume no responsibility for any other costs incurred by attendees (e.g., flights, hotels, or third-party services). Clients are responsible for managing refunds directly with the vendors they paid.

Continued Applicability of General TOU

All other sections of the existing Terms of Use remain fully in effect and govern your participation in the Hawaii Gathering, including but not limited to:

1.  Payment

By registering for the Hawaii Gathering, you agree to pay in full as outline in this offer. If paying by installments, you agree to three monthly automatic installments to be drawn on the same day of the month, for three months. If paying on the 14th of your first month, your 2nd and 3rd installments will also draw on the 14th of the following months. All installments must be paid in full in order to attend the event.

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt.  You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content immediately and permanently. 

If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, the Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

2. Your Conduct

The Gathering is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Gathering participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Gathering participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Gathering participants to participate in events, such as a meetup or seminar, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as certification programs for female entrepreneurs, coaching services, consulting services or other products or services to Gathering participants, unless you are authorized or requested to do so by the Company.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

You are responsible for your material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk.  Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene, pornographic, sexually explicit or violent, or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time.

You are strictly forbidden from the following:

• Harassing, fighting with, or being disrespectful to other participants
• Causing damage to any Company website or third-party forums operated by the Company
• Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
• Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/ or Participants without receiving their advance permission
• Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other participants, with the public or with anyone who is not a participant on or in any Company website, private membership or third-party forums operated by Company.
• Recording and/or transcribing any recordings or live calls without express permission from Company.
• Infringing on any third party’s copyright or other intellectual property rights
• Using discriminatory speech, hate speech, comments or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Gathering and your access to the Content without refund. 

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

3. Community Guidelines

The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all participants will treat one another with respect while bringing encouragement and consideration to all participants.

The Company’s community guidelines are as follows:

• The Company’s Gathering promotes diversity amongst its participants. Therefore, the Company encourages all participants to connect with one another and to learn about one another’s background, interests, hobbies and points of view. The Company does not tolerate nor support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
• The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Gathering. Therefore, Company shall not be held liable for any participant's comments, actions, posts, content or materials that result in another participant's trauma or discomfort.
• The Company has created a safe space for all participants to feel seen, respected and heard. Company encourages participants to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each participant must demonstrate respect towards one another.
• Participants should support each other with words of encouragement, resources or suggestions, while respecting each participant's boundaries.

​We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.

4. Confidentiality and Nondisclosure

Company is not legally bound to keep your information confidential. Nevertheless, the Company agrees to keep all information you share in the Gathering and through the coaching relationship confidential except when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if you threaten to harm yourself or others. You acknowledge that your communications with the Company are not covered by any doctor-patient privilege or other privilege.

Confidential information does not include information that:

• was in the Company’s possession prior to your participation in the Gathering;
• is generally known to the public or in your circle of friends and family and co-workers; or
• the Company may be required by law to disclose.

You may only use your real, actual name for your participation in the Gathering and on public posts on the Company’s website and in third-party forums operated by the Company.  Therefore, you may not use a screen name or pseudonym instead of your actual name.

You agree that the Company shall not be liable for the disclosure of any of your information by another Gathering participant. You agree to keep all information you learn about other Gathering participants, their businesses (including their intellectual property), or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

You agree to keep all information or material that has or could have commercial value or other utility in the business in which the Company is engaged, which is not generally known to the public, confidential except in very rare circumstances where disclosure is required by law. This nondisclosure provision shall survive the termination of these TOU.

The Company may record coaching calls and share them in the Gathering, on the Company’s website, or on third-party forums operated by the Company.

You agree you will not share any recorded coaching calls or third-party forum postings outside the private participant areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Gathering and Content.

5. Personal Responsibility, Assumption of Risk, Release, Disclaimers

• You are voluntarily participating in the Gathering and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
• You are participating in this Gathering as a student and/or client. You may not use the techniques, methods, sources, tools, processes and procedures, approaches or philosophies from the Gathering in your own business in order to sell them as your own ideas. You agree to abide by the intellectual property rights outlined in this TOU and will not use any element of this Gathering for your own, or your business’s, financial gain, social media presence and/or content.
• Your participation in the Gathering does not establish a business advisor-client relationship of any kind between you, the Company, or anyone providing membership services on behalf of the Company. 
• The Gathering and Content provide information and education only, and do not provide any sales, marketing, financial or legal services or advice. The Gathering and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, business advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice included in the Gathering.
• No part of the Gathering or Content prevents, cures or treats any mental or medical condition. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
• You acknowledge that, by engaging with the Company for the Gathering, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Gathering, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
  
  

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Gathering.

• Earnings and Results Disclaimer: You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Gathering. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Gathering, and you understand that results and earnings differ for each individual.
• Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
• The Company is not responsible or liable for participants of the Gathering infringing on another other participant’s intellectual property, content or materials.
• The Company tries to ensure that the availability and delivery of the Gathering and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
• Gathering materials are not able to be shipped overseas. The Company will not reimburse for additional shipping charges or duties for packages delivered to Canada.
• THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE GATHERING AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE GATHERING OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

• THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE GATHERING, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE GATHERING.

6. Security

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk.

7. Legal Disputes

These TOU shall be governed by and construed in accordance with the laws of the State of California without giving effect to its conflict of laws principles. The state and federal court nearest to El Dorado Hills, California shall have exclusive jurisdiction over any case or controversy arising from or relating to the Gathering or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Gathering or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

8. Indemnification

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Gathering or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Gathering or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

9. Force Majeure

The Company shall not be deemed in breach of this TOU if it is unable to complete or provide all of the Gathering or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond the Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company will notify you of our inability to perform or of delay in completing or providing the Gathering and propose revisions to the schedule for completion of the Gathering or other accommodations or may terminate this TOU.

10. General Provisions.

These TOU may only be modified by agreement of both parties in writing. If any provision of these TOU is held invalid or unenforceable, the remainder of the TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. These TOU supersedes all prior written and oral representations.

The Company may change, modify or update these TOU at any time. Any access or use of the Gathering or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these TOU, contact [email protected].

By registering for the Hawaii Gathering, you are agreeing to all the terms outlined above and within the general TOU of The Visionary.CEO LLC. Your electronic agreement or participation serves as your consent to these policies.

If you have any questions regarding these terms, please contact us at [email protected].