Retreat Agreement - Online Template Form - Word and PDF Pro · US-law
✓ Valid in United States · drafted to comply with local law
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RETREAT AGREEMENT
This Retreat Agreement (the "Agreement") is made and entered into as of ________ (the "Effective Date") by and between the retreat organizer (the "Organizer"), identified as follows:
________, an individual residing in the State of ________, who may be contacted as follows:
Address:
________
Website Address: ________ (the "Website")
Email: ________
Telephone: ________
and you, as a user of the Website and a guest of the Retreat (the "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 herein by reference. By clicking "Purchase," "Confirm," "Attend," or by undertaking any other affirmative action manifesting your intent to attend the 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 TO ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, AS IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING BY REQUIRING BINDING INDIVIDUAL ARBITRATION AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR PARTICIPATE IN A CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO ATTEND ANY OF THE ORGANIZER'S RETREATS.
The Organizer and the Guest may be referred to individually as a "Party" and collectively as the "Parties."
Article 1 – RETREAT TERMS
The details of the Retreat are as follows:
Name of Retreat: ________ (the "Retreat")
Type of Retreat: ________
Accommodation Type: ________
Departure Date: ________
Return Date: ________
Location:
________
Total Fees: $________ (________) (the "Total Fees")
Additional details regarding the Retreat, such as included meals, amenities, and transportation, if applicable, will also be included on a page shown to you prior to completion of 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, you must complete the entirety of the Retreat package purchase on the Website identified above.
At the conclusion of these steps, you will receive a confirmation email outlining the details of your completed registration. If you do not receive a confirmation email within five (5) days of completing your registration, please contact the Organizer.
The 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 that the itinerary is subject to change and may be modified by the Organizer at any time. You hereby acknowledge and agree that the Organizer has the right to do so for any reason, including, without limitation, weather, third-party vendors or providers, and any local circumstances which the Organizer deems unfit for travel.
Article 3 – PAYMENT
At the time of booking the Retreat, you must provide a deposit in the following amount: $________ (________) (the "Deposit").
The Retreat must be booked and the Deposit paid prior to the following date: ________. Except as expressly set forth in Article 6 (Cancellations) and as otherwise required by applicable law, the Deposit and all fees are nonrefundable. If you cancel your participation 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 in full 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: ________.
If the Total Fees are not received by the Organizer by the deadline set forth above, your reservation may be canceled without prior notice to you.
Article 4 – TRAVEL DOCUMENTATION
You are solely and exclusively responsible for maintaining current 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. The Organizer is not liable or responsible for any Guest being denied entry to or exit from any location or country.
Article 5 – TRAVEL INSURANCE
All Guests are required to purchase and maintain travel insurance during the entire length of the Retreat (including through the return date). Guests are individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should include, without limitation: illness, injury, property damage, loss of personal items, death, trip cancellation, and any other potential losses, damages, expenses, and/or liabilities.
The Organizer is not responsible or liable for any loss, damage, expense, cost, or other travel issue. You will not be permitted to travel on the Retreat without first providing proof of travel insurance.
Article 6 – CANCELLATIONS
As noted above, the Organizer reserves the right to cancel your reservation if the Total Fees are not received within the following amount of time prior to the departure date of the Retreat: ________. If such a cancellation occurs, you will not be entitled to a refund of your Deposit or any other fees paid as of that date, except as required by applicable law.
The Organizer may also cancel the Retreat for any reason unrelated to an individual Guest, in the Organizer's sole and exclusive discretion. If the Organizer cancels the Retreat for any such reason, all Guests will be entitled to a refund of all monies paid to the Organizer. However, the Organizer shall not be responsible for any additional fees paid by the Guest to any third parties, such as travel companies, airfare, lodging, or the like.
If a Guest wishes to cancel, written notice of such cancellation must be sent to the Organizer via email. As noted above, in the event of Guest cancellation, no fees will be returned except as required by applicable law.
Article 7 – MEDIA RELEASE
The "Released Media" includes, without limitation, all photographs, videos, sound recordings, paintings, sculptures, and all other media now known or hereafter 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 invasion of privacy, right of publicity, 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 the Released Media with the knowledge and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver shall not disclose to any party in any medium your known or previously known location, email or physical address, or any other contact details, such as telephone number.
Article 8 – VOLUNTARY PHYSICAL PARTICIPATION
You hereby acknowledge and agree that you will voluntarily participate in certain physical activities (the "Physical Activities") during the Retreat. The Physical Activities may include, without limitation: walking, swimming, hiking, biking, yoga, fitness activities, climbing, or other 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 knowledge and understanding of these risks, you choose, of your own free will and volition, to participate in the Physical Activities.
You also acknowledge and agree that there are risks that you may not have considered, and you nonetheless choose, of your own free will and volition, to participate in the Physical Activities, expressly assuming all such risks to the fullest extent permitted by applicable law.
To the fullest extent permitted by applicable law, you acknowledge and agree that by attending the Retreat you waive, release, and discharge the Organizer and, if applicable, its owners, employees, agents, trainers, representatives, and facilities from any claim for physical, material, tangible, or intangible loss or damage that may occur to you during your participation in any of the Physical Activities undertaken while under their instruction or thereafter, except to the extent caused by the gross negligence or willful misconduct of the Organizer. This waiver and release are not intended to be a general release and shall not apply to any liability that may not be waived or released under applicable law.
Article 9 – HEALTH ELIGIBILITY
Your participation in the Retreat constitutes 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 occur to me while participating in the Retreat, except to the extent caused by gross negligence or willful misconduct. Such injuries may include, without limitation, muscle strains, sprains, spasms, heart attacks, elevated blood pressure, and broken, fractured, or dislocated bones.
(c) I agree that if I experience medical issues, I will contact my physician immediately.
(d) I agree and verify that all information I have provided to the Organizer and its representatives is accurate, up to date, and without 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 me 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 inform the Organizer if I find myself in any pain or discomfort before, after, or during the Retreat.
(h) If I require medical treatment or attention while or after participating in the Retreat, I agree that the medical costs are mine alone and hold the Organizer blameless from any charges, fees, or costs that my condition may incur.
(i) I specifically acknowledge and agree that these provisions are not intended to be a general release, which would be limited under certain state and local laws.
Article 10 – 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 involved in being in another country, a country where medical services may not be readily available, or a country with an unstable political, cultural, or geographical climate, may also be present.
It is your responsibility to familiarize yourself with all possible risks involved in participating in the Retreat. To the fullest extent permitted by applicable law, you agree that the Organizer is not liable 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 FREE WILL AND VOLITION. YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR THE ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE ORGANIZER BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.
Article 11 – REGISTRATION TO USE WEBSITE
The Guest may be asked to register to use the Organizer's Website. The Guest will choose a unique identifier and password. The Guest is responsible for ensuring the continued accuracy, security, and confidentiality of this information. The Guest may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality. Providing false or inaccurate information, or using the Website to further fraud or unlawful activity, is grounds for immediate termination of this Agreement.
Article 12 – ACCEPTABLE USE
The Guest agrees not to use the Website or the Retreat for any unlawful purpose or any purpose prohibited under this Article. The Guest agrees not to undertake any action that may damage the Organizer in any way.
The Guest further agrees not to use the Website or the 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 toward any group; or
(h) To unlawfully gather information about others.
Article 13 – RELEASE OF LIABILITY
The Guest hereby releases the Organizer, as well as any of the Organizer's affiliates, licensors, suppliers, subsidiaries, parents, or other legal representatives, from any claims, demands, damages, or other legal action that may arise from the Guest's dispute with any other Guest.
Article 14 – TERM AND TERMINATION
This 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 that by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement.
Article 15 – INTELLECTUAL PROPERTY
The 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.
The Guest acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization thereof are the intellectual property, proprietary, and confidential information of the Organizer and its affiliates, licensors, and suppliers.
The Guest expressly agrees not to do anything inconsistent with the Organizer's ownership of all of the intellectual property discussed herein. The Guest further agrees that it has no right, title, or interest in or to any of the Organizer's intellectual property. The Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of the Organizer or any third party.
Article 16 – RESTRICTIONS
The Guest is prohibited from selling or reselling the Guest's space in the Retreat unless the Guest has specifically executed a written agreement with the Organizer that expressly allows for such activity.
Article 17 – INDEMNIFICATION
The Guest agrees to defend and indemnify the Organizer and any of its affiliates (if applicable) and to hold them harmless against any and all legal claims and demands, including reasonable attorneys' fees, that may arise from or relate to the Guest's use or misuse of the Website, the Guest's attendance at the Retreat, the Guest's breach of this Agreement, or the Guest's conduct or actions. The Guest agrees that the Organizer shall be entitled to select its own legal counsel and may participate in its own defense, if so desired.
Article 18 – NO WARRANTIES
The Guest agrees that the Website and the Retreat are provided "as is" and "as available," without warranty of any kind, either express or implied. To the fullest extent permissible under applicable law, the Organizer expressly disclaims any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Organizer makes no warranty that the Website or the Retreat will meet the Guest's requirements or be available on an uninterrupted, secure, or error-free basis. The Organizer makes no warranty regarding the quality, accuracy, timeliness, completeness, or reliability of any services, information, or materials provided in connection with the Website or the Retreat.
Article 19 – LIMITATION ON LIABILITY
Article 20 – DISPUTE RESOLUTION AND BINDING ARBITRATION
In the event 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 administered by ________ under its then-applicable rules, and this arbitration agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The arbitration shall be conducted in the county and state noted in the Governing Law provision of this Agreement, specifically in ________. The arbitration shall be conducted by a single arbitrator, who 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 the State of ________. Each Party shall bear its own costs and fees, except as otherwise required by applicable law or the rules of the arbitral administrator. Claims subject to arbitration under this Article include, without limitation: 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 shall not be subject to arbitration and may, as an exception to this Article, be litigated. The Parties knowingly and voluntarily waive any right they may have to a jury trial with respect to arbitrable claims. Either Party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction pending arbitration.
Article 21 – GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the internal laws of the State of ________ without giving effect to any choice or conflict of law provision or rule. Subject to the Dispute Resolution provision above, each Party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county and state: ________.
Article 22 – SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, shall be severed, and the remaining provisions of this Agreement shall continue in full force and effect.
Article 23 – ENTIRE AGREEMENT
This Agreement, together with any documents and pages expressly incorporated herein by reference, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
Article 24 – WAIVER
No waiver by either Party of any breach or default under this Agreement shall be deemed a waiver of any preceding or subsequent breach or default. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver of that or any other provision.
Article 25 – ASSIGNMENT
The Guest may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Organizer. The Organizer may freely assign this Agreement. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.
Article 26 – FORCE MAJEURE
The Organizer shall not be liable for any failure or delay in performance under this Agreement to the extent caused by circumstances beyond its reasonable control, including, without limitation, acts of God, natural disasters, epidemics or pandemics, governmental orders or travel restrictions, war, terrorism, civil unrest, labor disputes, or failures of third-party suppliers.
Article 27 – HEADINGS
Headings in 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.
Article 28 – ACKNOWLEDGMENT AND ACCEPTANCE
By manifesting your assent as described above, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Guest Name: ________
Guest Signature: ________
Date: ________
Organizer Signature: ________
Date: ________
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