RETREAT PARTICIPANT AGREEMENT
IMPORTANT! PLEASE READ THE TERMS OF THIS RETREAT PARTICIPANT AGREEMENT CAREFULLY.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE RETURN TO THE CONTACT FORM AND SELECT “I AGREE,” IN ADDITION TO THE BOXES RELATING TO YOUR CHOICE OF RETREAT ACCOMODATION, AT WHICH TIME YOU WILL BE PROMPTED FOR YOUR CREDIT CARD INFORMATION.
NOTE: If you plan to participate in more than one Retreat, please execute an Agreement for each Retreat. If there is more than one person in your party, please fill out a separate Agreement for each person.
IMPORTANT: Each person traveling must fill out a separate Agreement and submit it separately online.
CONDITIONS OF BOOKING: By clicking “I Agree” below, you (“Retreat Participant”) and Destino Retreats (“Retreat Organizers”) agree to the following:
DEFINITIONS
• “Schedule of Events”
• “Rate Schedule” Rates listed in the Rate Schedule are non-refundable except as expressly provided herein.
• “Retreat” refers to the sports medicine clinic, skill sessions, yoga lessons, seminars, and other indoor and outdoor classes provided by the Retreat Organizers during the times at the locations provided in the Schedule of Events, for the fees described in the “Rate Schedule”.
D. “Garden View Room Full Retreat Accommodation” refers to the option of the Retreat Participant to purchase hotel bookings from the Retreat Organizers according to the fees listed in the Rate Schedule.
E. “Health and Safety Waiver”
AGREEMENT
• Retreat Organizers agrees to organize and provide the Retreat to the Retreat Participant as described in the Schedule of Events
• Retreat Participant agrees to pay Retreat Organizers the fees for the Retreat (“Retreat Fee”) as described in the Rate Schedule.
• By clicking the box entitled “Garden View Room Full Retreat Accommodation” below this form, Retreat Participant agrees to pay Retreat Organizers the fees for the Full Retreat Accommodation as described in the Rate Schedule.
• Retreat Participant certifies that he or she agrees to the terms and conditions of the Health and Safety Waiver in every respect.
• Retreat Participant agrees to execute a copy of the Health and Safety Wavier prior to engaging in the activities described in the Schedule of Events.
TERMS OF PAYMENT
• One-half of the Retreat Fee, plus one-half of the price of Full Retreat Accommodation, if applicable, is due at the time of executing this Agreement as a non-refundable deposit (hereinafter referred to as the “Non-Refundable Deposit”). This amount will be paid by credit card online, and will not be returned to the Retreat Participant in the event of cancellation. The remainder of the Retreat Fee and the price for Full Retreat Accommodation is due the earlier of 45 days from the execution hereof or the first day of the Retreat.
• If Retreat Participant checks the box below for Full Retreat Accommodation, single occupancy, the price for single occupancy (currently $3,300 per person, or as otherwise indicated in the Rate Schedule) will apply. If Retreat Participant checks the box below for Full Retreat Accommodation, double occupancy, the price for double occupancy (currently $2,100 per person, or as otherwise indicated in the Rate Schedule) will apply.
• Those Retreat Participants who checks the boxes below for Full Retreat Accommodation, single or double occupancy, will be lodged in single or shared room with 1 or 2 bed, as the case may be, at the prices specified above. If space is not available at the time the Retreat Participant registers, the Retreat Participant will be lodged in similar accommodations.
• The Retreat Fee, as described in the Rate Schedule includes all classes (both indoor and outdoor) and seminars as described in the Schedule of Events; in addition to meals as listed in the Schedule of Events
• Retreat Fee does not include
• Transportation from Retreat Participant’s home to the Retreat.
• Any meals not listed in the Schedule of Events
• Gratuities for bellboys, waiters, drivers, and guides. Gratuities and taxes for personal services and purchases.
• Personal laundry, telephone calls, cover charges, etc.
• Excess baggage charges.
• Any beverages or alcohol.
• Room service.
• Travel, accident, baggage, health, or life insurance.
• Any airfares or increases in airfares.
• Expenses for guides or transportation not included in the schedule.
• Private excursions, recreational activities not mentioned on the schedule,
• Any other item unspecified in the Rate Schedule or the Schedule of Events.
DESCRIPTION OF THE RETREAT
• The Retreat consists solely of the seminars, classes, and other activities as described in the Schedule of Events.
• WHAT TO BRING: Prepare for sunny days and cool nights. Temperatures range from the 50s to the high 90s Fahrenheit. It is recommended to bring camera, hat, sunscreen, tee shirts, shorts, pants, sweater, swimsuit, warm jacket or coat, socks, sturdy, comfortable shoes for walking, casual clothing for meals.
• ROOMMATES: If any Retreat Participant wants to pay for the Retreat at the price for double occupancy as described above, yet does not have a specific roommate, the Retreat Organizers will attempt to match that Retreat Participant with a roommate. If the Retreat Organizers match the participant with a roommate whom the Retreat Participant deems unsuitable, then the Retreat Participant must pay for the single supplement for him or herself and also for the unsuitable roommate. There will be no refunds for complaints about roommates, and if any Retreat Participant cancels the Retreat because of a roommate, there will be no refund.
• No Guarantees regarding Retreat. There is no guarantee, stated or implied, made by the Retreat Organizers, regarding any aspect of the Retreat. In particular, there is no guarantee, stated or implied, regarding: 1) the number of participants or the age of participants taking the Retreat; 2) the amount of time that Tayna Texidor or other teachers or guides will be personally leading the Retreat; 3) the time spent at any given location on the Retreat; 4) photos posted on this website or visiting any specific sites shown on photos on this website; 5) the quality of workouts, skill sessions, or other subjective experiences on the Retreat; 6) any other aspect of the Retreat.
• RESERVATION RESTRICTIONS: Any prospective Retreat Participant with a disability, pre-existing medical condition, or medical history requiring special attention or treatment, should advise the Retreat Organizers at time of booking the reservation and are advised to consult with a medical specialist prior to reserving space in the Retreat. People who are unable to travel alone or who would require special assistance or handling must be accompanied by a companion who will provide the required assistance. The Retreat Organizers assume no responsibility for cases such as these.
• INSURANCE: All participants in the Retreat are strongly advised to get travel, medical, accident, cancellation, and baggage insurance independently. The Retreat Organizers carry no insurance whatsoever for the Retreat Participants. Participants are advised to consult the following non-profit informational web site: http://www.insuremytrip.com
• PUBLICATION RELEASE: Representatives of the Retreat Organizers may be photographing, audio-recording and/ or video-recording the Retreat. The Retreat Organizers reserve the right to publish any such photographs, audio recordings, and video recordings without obtaining further consent from any participant. Each participant releases The Retreat Organizers and its representatives from any liability in connection with any such use of such photographs, audio recordings, and video recordings.
• Personal Responsibility Certification by Retreat Participant
• Inherently Dangerous Activities. Retreat Participant acknowledges that he or she is willfully and with full knowledge participating in certain activities, including but not limited to a program of fitness and physical exercise, that is inherently dangerous. The Retreat Participant agrees to consent to that certain Informed Consent / Waiver, which is attached as Exhibit A and incorporated herein by this reference, as a condition for participation in the Retreat.
• Moreover, by signing the agreement form below, the Retreat Participant agrees as follows:
“I am entirely responsible for my own personal safety, health, and mental, physical, emotional, and general well-being during and after the Retreat. I release the Retreat Organizers and their representatives, and any of their employees, assistants, and affiliates, of any liability for any injuries or damages mentally or physically I or any of my family members might incur during or after the Retreat. I understand that the Retreat is in no way psychotherapeutic or medical in nature. The Retreat is not involved with the treatment of disease of any kind and does in no way substitute for medical diagnosis or treatment. Tayna Texidor and other Retreat leaders and teachers do not treat, prescribe, or diagnose any illness, disease, or any other physical or mental disorder. Any personal advice or answers to my questions that are given to me on this Retreat are for entertainment purposes only. I release Retreat Organizers and their representatives and any of their employees, assistants, and affiliates from any injuries or damages mentally or physically that I or any of my family members might incur during or after this Retreat as a result of following any advice given to me on this Retreat. I release Retreat Organizers and their employees, assistants, and affiliates from any obligation to fulfill any claims about this Retreat that have been printed or spoken in any tapes, lecture, letters, literature, the Internet, websites, or the news media. I am entirely responsible for my personal safety, health, and well-being during the Retreat. I hold the Retreat Organizers harmless for anything that might happen to me or to my possessions on this Retreat. I understand that no health insurance or travel insurance is provided by the Retreat organizers, and, if I wish to be insured, I have to do this myself. I have read and understand the foregoing Retreat Participant Agreement.”
By signing this Retreat Participant Agreement, the participant releases the Retreat Organizers and its representatives from all responsibility and liability.
• Waiver
• General Waiver. The Retreat Participant shall indemnify and hold Retreat Organizers free and harmless from any and all claims, losses, damages, injuries, and liabilities arising from or on account of the Retreat Organizers’ activities or omissions in connection with this Agreement, as well as the costs, including attorneys’ fees, of defending against them. By signing this Retreat Participant Agreement, the participant releases the Retreat Organizers and its representatives from all responsibility and liability.
• Waiver from Liability for Retreat Participant’s Travel and Condition. The Retreat Organizers take no responsibility or liability for, and the Retreat Participant expressly waives any right to hold Retreat Organizers liable for: 1. any changes or delays in air schedules, missed airline or other carrier connections, or other services; 2. injury, loss, or damage to persons or property, including luggage; 3. additional expenses resulting from changes in exchange rates, tariffs, or schedule; 4. defect in any vehicle or the act or default of any company or person engaged in conveying the Retreat Participants, or in carrying out the arrangements of the Retreat, or otherwise; 5. additional expenses incurred or due to sudden sickness, weather conditions, strikes, or other causes or acts of God; 6. losses due to cancellations.
• Waiver of Liability for Retreat. Retreat Organizers are making all arrangements pertaining to the Retreat, including hotel and restaurant reservations in order to provide the workshops, classes, meals and seminars described in the Schedule of Events. The Retreat Organizers take no responsibility or liability for, and the Retreat Participant expressly waives any right to hold Retreat Organizers liable for: injury, death, delay, theft, damage, or irregularities, however caused.
• Waiver of liability for Full Retreat Accommodation. Retreat Participant acknowledges that Retreat Organizers are making certain limited arrangements pertaining to the Retreat for individuals selecting Full Retreat Accommodation, including hotel reservations, transportation between the hotel and the Retreat center and day to day operation of the Retreat. As a condition for the provision of these services, Retreat Participant expressly waives any right (whether in contract, tort, or both), to hold Retreat Organizers liable for delay, theft, damage, injury, terrorism, or irregularities, however caused. The Retreat Organizers take no responsibility or liability for, and the Retreat Participant expressly waives any right to hold Retreat Organizers liable for: 1) any changes or delays in air schedules, missed airline or other carrier connections, or other services; 2) injury, loss, or damage to persons or property, including luggage; 3) additional expenses resulting from changes in exchange rates, tariffs, or itinerary; 4) defect in any vehicle or the act or default of any company or person engaged in conveying the Retreat Participants, or in carrying out the arrangements of the Retreat, or otherwise; 5) additional expenses incurred or due to sudden sickness, weather conditions, strikes, war, terrorism, quarantine or other causes or acts of God. 6) losses due to cancellation; 7) changes in the Retreat itinerary; 8) physical, mental, emotional, or spiritual injury as the result of participating in the Retreat; 9) disappointment or dissatisfaction about the Retreat.
• Refunds and Cancellations
• Cancellations. All requests for cancellation must be submitted in writing, via email at [email protected]. Regardless of the reason for cancellation, those canceling their booking will forfeit their Non-Refundable Deposit, which is equal to ½ of the Retreat Fee and ½ of the price of Full Retreat Accommodation, and payable at the time of executing this Agreement. Retreat Participant will be entitled to a refund of a portion of the remaining Retreat Fee or the Full Retreat Accommodation fee in the amounts provided below:
• If the notice of cancellation is received at least 60 days before the Retreat, a refund of 75% of the amount remaining of the Retreat Fee plus the fees for Full Retreat Accommodation, after deducting the Non-Refundable Deposit;
• If the notice of cancellation is received at least 45 days before the Retreat, a refund of 50% of the amount remaining of the Retreat Fee plus the fees for Full Retreat Accommodation, after deducting the Non-Refundable Deposit;
• If the notice of cancellation is received at least 35 days before the Retreat, a refund of 25% of the amount remaining of the Retreat Fee plus the fees for Full Retreat Accommodation, after deducting the Non-Refundable Deposit.
• Regardless of the reason for cancellation: There will be no refund whatsoever if the notice of cancellation is received 34 days before the Retreat or later.
• Retreat Organizers are not responsible for airline or travel arrangements by the Retreat Participant, and Retreat Organizers assume no responsibility or liability for losses due to cancellations arranged by the. Retreat Participants are responsible for seeking refunds on their tickets from the airline carrier from which their ticket is issued. Some airline tickets might have penalties or surcharges for cancellation, or may be completely non-refundable.
• There will be no refund for any participant attends the Retreat, or who leaves Retreat prior to its conclusion, for whatever reason.
• Complaints about the Retreat will not result in any partial or full refund.
• RIGHT TO REFUSE SERVICE: The Retreat Organizers reserve the right to accept, decline, or retain any person as a participant at the Retreat at any time without liability and without any obligation to pay a refund or any other amount whatsoever. The Retreat Organizers take no responsibility or liability for any participant who leaves the Retreat prior to its conclusion or for any activity undertaken by any participant that is not included on the Schedule of Events or other itinerary.
• Disclaimer of Warranties
THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION OF THE SERVICES PROVIDED ON THE FACE OF THIS AGREEMENT. RETREAT ORGANIZERS DISCLAIM ANY WARRANTY OF ANY OTHER KIND, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
• Choice of Law and Forum
Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, will be governed and determined by California law, including any laws that direct the application of another jurisdiction’s law. Any dispute that arises under or relates to this Agreement (whether contract, tort, or both) will be resolved exclusively in the Superior Court of San Mateo County, State of California, and the parties expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere.
• Entire Agreement
This Agreement may be modified only by the written consent of both parties hereto. This Agreement, together with the Schedule of Events, Rate Schedule, Health & Safety Waiver, and Exhibit A, represents the entire Agreement between the Retreat Participant and the Retreat Organizers with respect to the subject matter hereof. There is no other contract or agreement between the Retreat Participant and the Retreat Organizers, stated or implied. There shall be no waiver of the rights of the Retreat Organizers by the failure to enforce that or any other right hereunder. If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of the rest of the Agreement.
