Retreat Agreement
Upon acceptance into the Somatic IFS Retreat, this retreat agreement (the “Agreement”) is made and entered into as of the {date} ("Effective Date"), between Awaken Wild Hearts Somatic Family Therapy PC, a California professional corporation (“AWH”) and Marcella Cox Marriage & Family Therapy Inc., a California professional corporation DBA Kindful Body ("Kindful Body") and {name} (“Guest”). AWH, Kindful Body and Guest are referred to herein individually as a Party and collectively as the Parties.
Details
Date & Location of Retreat:
May 15-19, 2924, Red Mountain Resort, Ivins, Utah
Accommodation & Retreat Fee:
Based on the room you selected, your fee for your accommodation and retreat is ${roomSelection}.
Payment Schedule:
- Your non-refundable $500 USD deposit is due at the time of registration to secure your Accommodation and a place in the Retreat.
- March 15 2024 an additional $1,000 USD is due, refundable until April 1, 2024.
- April 15, 2024 your balance, based on your room selection, is due.
- There are no refunds for withdrawal for any reason after May 1, 2024.
Potential Additional Charges:
- $100 late fee for payments received after they are due.
- $50 per person administrative fee for lodging or occupancy category changes.
Price includes room, group dinner the first night and lunch the last day and participation in Somatic IFS Retreat. Transportation to Red Mountain Resort and meals not included.
Billing Information:
{billingAddress}
Emergency Contact Information:
{emergencyContact}
{relationship}
{phoneNumber91}
{email}
Allergies, Injuries, or Health Concerns:
{pleaseIndicate85}
Dietary Restrictions:
{doYou}
COVID Policies:
If you are not feeling well or if there is a spike of COVID close to the Retreat date, we may ask Guests to test for COVID upon arrival. Should you have any symptoms during the retreat, we ask that you wear a mask.
What We Are Agreeing To
TERMS: AWH and Kindful Body hereby agrees to provide certain services for Guest, as described in the Details above. AWH and Kindful Body hereby accepts such engagement upon all the terms and conditions herein contained, and agrees to keep and perform all their obligations and agreements hereunder.
Guest’s attendance at the Retreat is subject to each of the terms and conditions contained within this Agreement, all parts and subparts of which are specifically incorporated by reference. Whether by clicking “Purchase”, “Confirm”, “Attend”, or executing this Agreement in person, or undertaking any other affirmative action manifesting an intent to attend the Retreat, including providing AWH and Kindful Body with credit card or billing information to be charged for attendance to the Retreat, Guest accepts and agrees to be bound by and comply with the terms of this Agreement. If Guest does not want to agree to the terms of this Agreement, Guest must not take any of the aforementioned affirmative steps and may not attend the Retreat. For the avoidance of doubt, any signature to this Agreement or otherwise accepting or agreeing to this Agreement shall constitute acceptance of the terms herein.
INITIAL DEPOSIT: In order to complete a reservation to the Retreat, Guest must make a non-refundable “Initial Deposit” of $500 to AWH and Kindful Body. Following the Initial Deposit, payment of the remaining fee may be made under the Total Fee section in the Details above.
PAYMENT: The Total Fee must be paid in full at least thirty (30) business days prior to the Date of the Retreat. Guest understands and agrees that if the Total Fee is not received by AWH and Kindful Body within thirty (30) business days of the Date of the Retreat, AWH and Kindful Body may charge the credit card listed in the Details above for any outstanding balance of the Total Fee. Alternatively, AWH and Kindful Body may, at its discretion, cancel Guest’s reservation without prior notice. Should AWH and Kindful Body cancel Guest’s reservation, Guest shall receive a refund of the fees paid minus the non-refundable deposit.
DOCUMENTATION: Guest is solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as domestic identification and a valid passport, as well as any required and applicable immunizations or other required documentation for the Location of the Retreat. AWH and Kindful Body is not liable or responsible for any Guest being denied entry or exit to or from the Location based on lack of adequate documentation or immunizations.
TRAVEL & MEALS: All guests are responsible for their own travel costs to and from the Retreat. If Guest is flying to the specified Location, arrangements may be made for a vehicle transport under a separate agreement with AWH and Kindful Body. Guest will only have meals provided to them on the arrival date (dinner) and the morning (breakfast) they leave. Should Guest have any dietary restrictions that need accommodation, Guest is required to share said dietary restrictions in the Details above or with AWH and Kindful Body within two (2) weeks of the Date of the Retreat. Guest understands that, should Guest delay in sharing any dietary restrictions with AWH and Kindful Body past this two (2) week period, AWH and Kindful Body cannot guarantee that their dietary restrictions will be accommodated. AWH and Kindful Body and the chefs participating in Retreat shall not be held liable for any illness or allergic reaction to any food items provided during the Retreat.
INSURANCE: All guests are strongly encouraged to purchase and maintain travel insurance during the entire length of the Retreat (including through their return date). Guests that choose to purchase coverage are individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should ideally 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. AWH and Kindful Body is not responsible or liable for any loss, damage, expense, cost, or any other travel issue.
MEDIA RELEASE: Guest understands that AWH and Kindful Body collects, records, publishes, posts, transmits, and displays audio/visual “media” (images, recordings, videos, and other media) from the Retreat. With this understanding, Guest gives permission for AWH and Kindful Body to collect, record (on film or otherwise), publish, post, display and transmit such media for any purpose. Guest hereby voluntarily releases and holds harmless AWH and Kindful Body, its directors, employees, and agents acting officially or otherwise, from all manner of suits, actions, claims, demands, and liabilities which may arise from such media participation. This release applies to any and all media known, and hereafter devised, in perpetuity throughout the universe. Guest understands that all media remains the property of AWH and Kindful Body, and waive all rights to original media, copies of media, royalties, entitlements, payments, or any other compensation or quid pro benefits which might arise from AWH and Kindful Body’s acquisition, storage, display, publication, posting, or distribution of media of Guest as described herein. Guest understands that this document constitutes a full and complete waiver of all possible claims of any nature whatsoever, including claims of negligence, personal injury or property loss, or damage, arising out of said media participation.
HEALTH OF GUEST: Guest’s participation in the Retreat indicates Guest’s acknowledgment and agreement with, as well as warranty of, the following statements:
- It is Guest’s responsibility to consult a physician before participating in this Retreat to ensure eligibility for strenuous physical activity and Guest affirms that they have no medical conditions that would restrict Guest from participating in physical activities.
- Guest agrees that if they experience any medical issues while attending the Retreat, they will contact their doctor immediately.
- Guest understands and agrees that it is their responsibility to let AWH and Kindful Body know if Guest finds themself in any pain or discomfort before, after, or during the Retreat.
- Guest agrees to keep AWH and Kindful Body apprised of any changes or upcoming changes concerning Guest’s physical health and/or personal information.
- Guest agrees and verifies that all of the information that Guest has given AWH and Kindful Body and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
- Guest agrees and verifies that if guest has omitted any necessary personal information, whether knowingly or unknowingly, Guest will hold AWH and Kindful Body harmless against all liability for any damages that may occur to Guest or to others because of Guest’s actions or inactions.
- If Guest does require medical treatment or attention while or after participating in the Retreat, Guest authorizes AWH and Kindful Body to provide to Guest, through medical personnel of AWH and Kindful Body’s choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon AWH and Kindful Body to provide such assistance, transportation, or services. Guest agrees that they alone are responsible for the payment of any medical costs and agrees to hold AWH and Kindful Body blameless from any charges, fees, or costs that Guest’s conditions may incur.
- Guest understands and agrees that AWH and Kindful Body shall attempt to reach the Emergency Contact listed above should Guest require medical attention or treatment, but in the event AWH and Kindful Body cannot reach that contact and authorizes medical treatment, in no way shall AWH and Kindful Body be liable for any harm that may arise from the lack of contact or any medical treatment authorized without input from the Emergency Contact.
- Guest specifically acknowledges and agrees that these clauses are not intended to be a general release, which would be limited under some state and local laws.
ASSUMPTION OF THE RISK: Guest acknowledges and understands that during the Retreat, Guest may be exposed to a variety of liabilities and risks, foreseen or unforeseen, which are inherent in outdoor activities, therapy practices, and retreats. These inherent risks include, but are not limited to, the dangers of serious personal injury, death and property damage resulting from, but not limited to: physical exercise and exertion; physical contact with other guests; falling or tripping due to environmental hazards, uneven surfaces, or debris; other health hazards associated with physical activity and outdoor events; injury or death resulting from exposure to unfavorable weather conditions; and hazards related to catering, including but not limited to food sickness, allergic reactions, choking (collectively the “Injuries and Damages”). Guest further acknowledges and understands these Injuries and Damages cannot be entirely eliminated. Guest fully understands and agrees that AWH and Kindful Body has not tried to contradict or minimize Guest’s understanding of these risks. Guest knows that Injuries and Damages can occur by natural causes or activities of other persons, environmental circumstances, staff of AWH and Kindful Body or other third parties, either as a result of negligence or because of other reasons.
CONSUMPTION OF ALCOHOL: Alcohol may be available for consumption at the Retreat. Guest understands and confirms that alcohol consumption shall be at their own discretion, risk and liability, and that Guest will be required to produce government-issued photo identification prior to being served any alcohol. Guest understands that AWH and Kindful Body reserves the right to excuse Guest from the Retreat if Guest becomes inebriated and misbehaves or has the potential to cause harm to themself or any other person or persons. If Guest is excused from the Retreat pursuant to this section, it shall be without any sort of refund or reimbursement by AWH and Kindful Body. Guest hereby assumes all risk involved with the consumption of alcohol and unconditionally holds AWH and Kindful Body harmless.
WAIVER OF LIABILITY FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE: In acknowledging the foregoing ASSUMPTION OF THE RISK section, GUEST CONFIRMS THEIR UNDERSTANDING OF THE FOLLOWING: To the fullest extent allowed by law, Guest agrees to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY, AND HOLD HARMLESS AWH and Kindful Body and its parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents and employees (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, any Guest’s death or personal injury relating to their participation in the Retreat, even if caused by NEGLIGENCE of the Released Parties; Such negligence could involve negligent assessment of the Retreat’s feasibility in a given area and/or location. Guest understands and intends that the assumption of risk and release is binding upon Guest’s heirs, executors, administrators and assignors. This waiver and release is intended to be as broad and inclusive as is permitted by law.
INDEMNIFICATION: Guest shall defend indemnify and hold harmless AWH and Kindful Body, including affiliates and each of their respective officers, directors, shareholders, employees, representatives, agents, successors and assigns from and against all claims of third parties, and all associated losses, to the extent arising out of (a) AWH and Kindful Body’s gross negligence or willful misconduct in performing any of its obligations under this Agreement, or (b) a material breach by AWH and Kindful Body of any of its representations, warranties, covenants or obligations under this Agreement.
CANCELLATION: Either AWH and Kindful Body or Guest may cancel the retreat or their reservation to the retreat, respectively, as follows:
- Cancellation by AWH and Kindful Body: AWH and Kindful Body may cancel the Retreat for any reason, unrelated to Guest, in AWH and Kindful Body’s sole and exclusive discretion. If AWH and Kindful Body cancels for any reason, Guest is entitled to a full refund of all monies paid to AWH and Kindful Body, including the Initial Deposit. However, AWH and Kindful Body shall not be responsible for any additional fees paid by Guest to any third parties, such as travel companies, airfare, etc.
- Cancellation by Guest: Guest may cancel their reservation to the retreat at any time upon a 30 day notice to AWH and Kindful Body, to be delivered no later than 30 days before the Retreat. In order to receive a full refund minus the Initial non-refundable Deposit, Guest must give thirty (30) calendar day written notice to AWH by email at ladonnasilva@gmail.com or Kindful Body by email marcella@kindfulbody.com if Guest wishes to cancel their reservation to the Retreat.
FORCE MAJEURE: Guest understands and agrees that the Retreat is subject to modification or cancellation, at the sole discretion of AWH and Kindful Body, for any reason including but not limited to fire, earthquake, labor dispute, act of a public enemy, death, illness, or incapacity of an AWH and Kindful Body employee or independent contractor or any local, state, federal, national or international law, governmental order or regulation, or any other event beyond AWH and Kindful Body’s control (collectively “Force Majeure Events”). Guest understands and agrees the AWH and Kindful Body shall not be deemed in breach of this Agreement if AWH and Kindful Body is unable to complete the services or any portion thereof by reason of any Force Majeure Event. Upon occurrence of any Force Majeure Event, AWH and Kindful Body shall give notice to Client of its inability to perform.
NON-ASSIGNMENT: Guest may not sell, assign, or transfer any of its rights or obligations hereunder, and any attempt to sell, assign, or transfer such rights or obligations without AWH and Kindful Body’s prior written approval will be null and void. All terms and conditions in this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective permitted transferees, successors, and assigns.
ENTIRE AGREEMENT: This Agreement will constitute the entire agreement of the Parties with respect to the subject matter hereof and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the Parties with respect to the subject matter of this Agreement. The Agreement may be executed in counterparts, each of which will be an original, and all of which together will constitute one and the same document. No modification of these Terms will be binding unless in writing and signed by both Parties. If any provision herein is held to be unenforceable, the remaining provisions will remain in full force and effect. All rights and remedies hereunder are cumulative.
SEVERABILITY & NON-WAIVER: If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. Any failure by AWH and Kindful Body to require Guest’s performance of any provision in this Agreement shall not affect AWH and Kindful Body Guest’s rights at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. All rights and remedies hereunder are cumulative.
GOVERNING LAW: This Agreement will be governed by the laws of the United States of America and all disputes will be brought solely in the courts of Santa Clara County. AWH and Kindful Body and Guest agree that any claims, legal proceedings, or litigation arising in connection with this Agreement will be brought solely in the courts of the county of Santa Clara, California, and the parties consent to the jurisdiction of such courts.
IN WITNESS WHEREOF, AWH and Kindful Body and Guest have executed this Agreement:
