Retreat Agreement
This Retreat Agreement, hereinafter referred to as “Agreement,” is made between the retreat organizer (“Organizer”), specifically as follows:
Sabine Virtual Services LLC, doing business as Mind Yoga Soul, a limited liability company, organized under the laws of the state of Wyoming, having its principal place of business at the following address:
30 North Gould Street Ste N, Sheridan, WY 82801
Website Address: www.mindyogasoul.com (the “Website”)
Email: hello@mindyogasoul.com (the “Business Email”)
and you, as a user of this website and guest of the retreat (“Guest”).
Your attendance at the Retreat, as defined below, is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By clicking “Purchase,” “Confirm,” “Attend,” or undertaking any other affirmative action manifesting your intent to attend to Retreat, including providing the Organizer with credit card or billing information to be charged for attendance at the Retreat, you acknowledge and agree that you are entering into a legally binding agreement with the Organizer.
YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO ATTEND ANY OF ORGANIZER’S RETREATS.
Organizer and Guests may be referred to individually as “Party” and collectively as the “Parties.”
Article 1 – RETREAT TERMS:
The details of the Retreat are as follows:
Name of Retreat: The Soul Bliss Retreat in Bali
Departure Date: 14 October 2024
Return Date: 19 October 2024
Location: Ubud, Bali, Indonesia
Additional details regarding the Retreat, such as included meals and amenities, transportation, etc., if applicable, will also be included on a page shown to you prior to full purchase or provided to you through emails and additional communications prior to the Retreat. Any such page is hereby incorporated by reference and shall be considered part and parcel of this Agreement.
Article 2 – CONFIRMATION:
In order to purchase the Retreat package, the following steps must be taken:
Guest will complete the entirety of the Retreat package purchase on the Website, as listed above. Guest will receive the retreat agreement that must be signed.
You will receive a confirmation email which will outline the details of your completed registration. If you do not receive a confirmation email within five (5) days of completing your registration, please contact Organizer.
Organizer may request the provision of additional information, such as identification and travel information and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the Retreat, including the itinerary.
Please be advised the itinerary is subject to change and may be modified by Organizer at any time. You hereby acknowledge and agree that Organizer has a right to do so for any reason, including, but not limited to weather, third-party vendors or providers, and any local circumstances which Organizer deems unfit for travel.
Article 3 – PAYMENT:
At the time of booking the Retreat, you must provide a deposit of the following amount: Payment plan installment or pay in full.
The Retreat must be booked and the Deposit paid prior to the following date: 14 July 2024. The Deposit and all fees are nonrefundable. If you cancel your spot in the Retreat, you will not be entitled to any refund of the Deposit or any additional fees paid.
If the Retreat is booked by you after the date listed above, the Total Fees for the Retreat are due at the time of booking.
The entirety of the Total Fees must be paid the following amount of time prior to the departure date of the Retreat: 14 July 2024.
If the Total Fees are not received by Organizer by the date listed above, your spot may be canceled without prior notice to you.
All costs are in Euro (€).
If a monthly payment is not received defaults or bounces back, Organizer reserves the right to suspend Guest’s participation until payment is complete.
Article 4 – ADDITIONAL ITEMS:
You are solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as passports, as well as any required and applicable travel visas, immunizations, or other required documentation for the locations being visited. Organizer is not liable or responsible for any Guest being denied entry or exit to or from any location or country.
Article 5 – TRAVEL INSURANCE:
Travel insurance is highly recommended. Guests are individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should include, but not be limited to: illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses, and/or liabilities.
Organizer is not responsible or liable for any loss, damage, expense, cost, or any other travel issue.
Please ensure that your travel insurance covers the activities of this retreat as well as unexpected cancellation, sickness, losses and all other risks associated with traveling and taking part in the retreat. You should bring your own travel insurance policy with you in case of an emergency.
Article 6 – TRAVEL ARRANGEMENTS:
All travel arrangements are your responsibility and at your own cost. We shall not be held liable for any consequences arising from delays or cancellations in any of the companies you may have made arrangements with, or for any irregularities in your documentation required for travel. Transfers to/from the retreat are at your own cost, unless otherwise specified.
It is the Client’s responsibility to ensure that she has all the relevant travel documentation, insurance and arrives at the airport on time. Not having the correct documents is solely the responsibility of the Client.
Article 7 – CANCELATIONS:
As noted above, Organizer reserves the right to cancel if Total Fees are not received by the following amount of time prior to the departure date of the Retreat: 30 days. If such a cancelation is undertaken, you are not entitled to receive your deposit back or any other fees paid to that date.
Organizer reserves the right to cancel Retreat prior to the event if there are not enough participants signed up. In this case, you will be given a full refund including your deposit, minus payment processing fees. Organizer is not responsible for reimbursing travel or flights, so again, it is advised that you obtain travel insurance for the Retreat.
Organizer may also cancel the Retreat for any reason, unrelated to an individual Guest, in the Organizer’s sole and exclusive discretion. If Organizer cancels for any commercial reason, all Guests are entitled to receive back any and all monies paid to the Organizer, minus payment processing fees. However, Organizer shall not be responsible for any additional fees paid by Guest to any third parties, such as travel companies, airfare, etc.
Occasionally, changes may have to be made (e.g., yoga teacher, class times or other arrangements), which we reserve the right to do. If your accommodation has to be changed, we will do our utmost to provide accommodation of a similar standard. If a significant change becomes necessary, we will inform you as soon as possible before your departure.
If Organizer is unable to lead the Retreat for any reason, Organizer shall make their best efforts to hire a substitute instructor with substantially similar qualifications. If a substitute instructor cannot be located after reasonable diligence, Organizer reserves the right to cancel the Retreat. In such an event, Guest will be given a full refund of any and all payments (minus payment processing fees) made to Organizer.
In all of the above-listed events in this Paragraph, Guest hereby waives any right to claim other amounts are due to them, including but not limited to for loss of time, inconvenience, visa and passport fees, airfare and other travel expenses, insurance premiums, gear purchases, and vaccination and other medical-related costs. Participating in international travel and an international retreat is risky for everyone involved, not just Guest. That is why Organizer highly recommends travel and trip cancellation insurance ; such insurance helps everyone share the potential cost of the risks of an international retreat.
If Guests wish to cancel, written notice of such cancellation must be sent to Organizer via email. As noted above, in the event of Guest cancellation, no fees will be returned.
Article 8 – REFUNDS:
Due to the nature of this event and because we have obligations to pay the resort to secure your room, all deposits and payments are non-refundable. Should the need to cancel arise, you may transfer your registration to another participant, in an agreement separate from Organizer. Organizer retains the right to accept or decline the exchange participant.
All sales are final.
Article 9 – MEDIA RELEASE:
You acknowledge and agree that before and during the Retreat, you may be subject to photographs, video, sound recordings, or other media captures of your face, name, voice, or likeness. In consideration for your participation in the Retreat, you hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitization, and/or re-release of the Released Media, as defined below, by the Organizer, as well as any employees, affiliates, associates, representatives, or agents (collectively referred to as the “Release Receiver”) for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.
The Released Media will include, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, and all other media currently known or hereinafter developed, captured of you or your likeness before and during the Retreat by the Release Receiver.
You hereby release the Release Receiver from any and all claims and demands arising out of or in connection with any use of the Released Media, including, without limitation, claims for privacy violations, right of publicity claims, defamation and/or any other intellectual property rights. You claim no ownership of the Released Media and forego any opportunity, whether past or present, to copyright or trademark the Released Media.
You give consent to the use of this Released Media while knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not make known to any party in any medium my known or previously known location, email or physical address, or any other contact details, such as phone number.
Article 10 – VOLUNTARY PHYSICAL PARTICIPATION:
You hereby acknowledge and agree that you will voluntarily be participating in certain physical activities (“Physical Activities”) on the Retreat. The Physical Activities may include, but are not limited to: walking, swimming, hiking, biking, yoga, fitness activities, climbing, or other types of strenuous physical activities.
You understand and are aware that your participation in the Physical Activities involves risks. These risks may lead to tangible or intangible harm, and you agree that they may result not only from your own actions but also from the actions of others. With the knowledge and understanding of these risks, you choose, of your own will and volition, to continue participating in the Physical Activities.
You also acknowledge and agree that there are risks that you may not have considered, yet you waive your right to any claims that may occur from these unconsidered risks and choose, of your own will and volition, to participate in the Physical Activities.
You acknowledge and agree that by attending the Retreat you consent to waive certain legal rights, including the right to sue the Organizer, and, if applicable, its owners, employees, agents, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to you during your participation in any of the Physical Activities undertaken while under their instruction or thereafter.
Article 11 – HEALTH ELIGIBILITY:
Your participation in the Retreat indicates your acknowledgment and agreement with, as well as your warranty of, the following statements:
(a) It is my responsibility to consult a physician before participating in this or any Retreat to ensure my eligibility for strenuous Physical Activity and I affirm that I have no medical conditions that would restrict me from participating in any of the Physical Activities.
(b) I agree to hold the Organizer, and if applicable, its employees, owners, agents, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Retreat. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.
(c) I agree that if I do experience medical issues, I will contact my doctor immediately.
(d) I agree and verify that all of the information that I have given the Organizer and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
(e) I agree and verify that If I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold the Organizer harmless against all liability for any damages that may occur to myself or to others because of my actions or inactions.
(f) I agree to keep the Organizer apprised of any changes or upcoming changes concerning my physical health and personal information.
(g) I understand and agree that it is my responsibility to let the Organizer know if I find myself in any pain or discomfort before, after, or during the Retreat.
(h) If I do require medical treatment or attention while or after participating in the Retreat, I agree that the medical costs are mine and mine alone and hold the Organizer blameless from any charges, fees, or costs that my conditions may incur.
(i) I specifically acknowledge and agree that these clauses are not intended to be a general release, which would be limited under some state and local laws.
Article 12 – ALCOHOL
We do not permit the consumption of alcohol on-site at any of our retreats. Our retreats are aimed at providing and facilitating activities in line with health and wellness, and therefore consumption of alcohol on-site at our retreats is not permitted.
Article 13 – GENERAL ASSUMPTION OF RISK:
You agree and understand that your participation in the Retreat may involve risks. These risks may lead to tangible or intangible harm, as discussed above. Additional risks, such as those risks involved in being in another country, a country where medical services are not available, or a country with an unsteady political, cultural, or geographical climate, may also be present.
It is your responsibility to familiarize yourself with all possible risks involved in participation in the Retreat. You agree that Organizer is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Retreat.
YOU ACKNOWLEDGE THAT YOUR DECISION TO ATTEND THE RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED ABOVE AND THAT YOU ARE ATTENDING OF YOUR OWN WILL AND VOLITION. YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT. IN NO EVENT WILL ORGANIZER BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.
Article 14 – USE:
Guest agrees not to use the Website or Retreat for any unlawful purpose or any purpose prohibited under this clause. Guest agrees not to undertake any action which may damage the Organizer in any way.
Guest further agrees not to use the Website or Retreat:
(a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
(b) To violate any intellectual property rights of the Organizer or any third party;
(c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
(d) To perpetrate any fraud;
(e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
(f) To publish or distribute any obscene or defamatory material;
(g) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
(h) To unlawfully gather information about others.
Article 15 – RELEASE OF LIABILITY:
Guest hereby releases Organizer, as well as any of Organizer’s affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Guest’s dispute with any other Guest.
The Client is legally responsible for their safety and any belongings and agrees to, and will be held legally liable for the following statements:
I, the Client hereby accept all risk to my health and of my injury or death that may result from participating in the retreat and I hereby release the Host, and the Host’s respective companies, officers, employees, interns, sponsors and representatives, as well as Tulus Hati (the retreat venue), from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation in the retreat, whether caused by negligence of the Host, employees, or representatives, or otherwise.
I further agree to indemnify and hold harmless the Host and any third-party from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the retreat. Under no circumstances will the Host or their assigns be held liable for my injury or death or any loss or damage of my personal belongings, any hotel or travel incidentals, including any damages, resulting from my participation in retreat.
Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Retreat, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify the Host verbally and in writing if I am at any time injured prior to, during, or after the retreat in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that the Host are not legally obligated to act on that information in any way or to providing any medical service whatsoever to me.
COVID-19 Assumption of Risk. I understand that while The Host/Company has undertaken reasonable steps to lessen the risk of transmission of COVID-19 (which includes related variants as well) in connection with the retreat, The Company is not responsible in any manner for any risks related to COVID-19 in connection with the retreat. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death.
I am fully aware that participation in the retreat (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks.
I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks. Furthermore, I represent and warrant that I do not suffer from any medical condition or disease that might in any way hinder or prevent me from receiving the Retreat, including, to my knowledge, COVID-19.
This COVID-19 Assumption of Risk, Release, and Waiver of Liability shall be binding on my heirs, executors, administrators, successors, and assigns. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
Article 16 – TERMINATION:
This Retreat Agreement shall continue until canceled as specified above by either Party or until the Guest attends and completes the Retreat. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 17 – INTELLECTUAL PROPERTY:
Guest acknowledges and agrees that the Organizer’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organizer or its affiliates, licensors, or suppliers.
Guest acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Organizer and its affiliates, licensors, and suppliers.
Guest expressly agrees not to do anything inconsistent with Organizer’s ownership of all of the intellectual property discussed herein. Guest further agrees that there are no rights, title, or interest in or to any of the Organizer’s Intellectual property. In addition, Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Organizer or any third party.
Article 18 – RESTRICTIONS:
Guest is prohibited from selling or reselling Guest’s space in the Retreat, unless Guest has specifically executed a written agreement with Organizer that expressly allows for such activity.
Article 19 – INDEMNIFICATION:
Guest agrees to defend and indemnify Organizer and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Guest’s use or misuse of the Website, Guest’s attendance at the Retreat, Guest’s breach of this Agreement, or Guest’s conduct or actions. Guest agrees that Organizer shall be able to select its own legal counsel and may participate in its own defense, if so desired.
Article 20 – DISCLAIMERS:
By participating in the Retreat, Client acknowledges that the Host or guest speakers are not acting as medical doctors, psychologists, therapists, lawyers, or financial advisors, and coaching and services provided do not replace the care of other professionals. Yoga, Coaching,or other healing modalities are in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
The Host may provide the Client with information and/or products that the Host believes might benefit the Client, but such information is not to be taken as an endorsement. The Host is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or teachings provided.
The Host may provide Client with third-party recommendations for such services as photography, business, legal, financial, health, or other related services to utilize either during or after the retreat.
Client agrees that these are only suggestions and the Host will not be held liable for the services provided by any third-party to the Client. The Host is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials or examples shown through the Website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the participation in the Retreat.
Article 21 – CLIENT RESPONSIBILITY; NO GUARANTEES:
Client acknowledges that the Host has not and does not make any representations as to a future outcome of any kind that may be derived as a result of the Retreat. Client accepts and agrees that Client is 100% responsible for results from the Retreat. The Host makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance.
Article 22 – INTERNET ACCESS & SECURITY:
Wireless Internet access, where available, is not guaranteed and is provided subject to third party terms and conditions, which are available when accessing the system. The Host reserves the right to disclose Client’s details to the internet service provider if it is discovered that Client illegally downloaded content from the internet or otherwise engaged in unlawful activity while at the Retreat.
Article 23 – LOSS OR DAMAGE:
Company cannot accept any responsibility for loss or damage of personal possessions or valuables of the Client.
Article 24 – LIABILITIES:
The Company shall not be liable for any failures beyond its control. This covers natural disasters, war, other ‘acts of nature’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors. The Host accepts no liability for loss, damage, injury or illnesses which may be received during the Client’s stay or travel.
Article 25 – DISCLAIMER OF WARRANTIES:
The retreat and activities involved provided by the Host under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.
Article 26 – REPRESENTATION:
Guest agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement or that they have their parent or guardian consenting for them to attend the Retreat.
Article 27 – SEVERABILITY:
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
Article 28 – DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Wyoming. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organizer will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Article 29 – GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of Wyoming without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Sheridan County.
Article 30 – HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.