Retreat Waiver
TERMS OF SERVICE
It is your responsibility to fully understand the terms and conditions for the retreat. Please read carefully what is and is not included in your retreat package and view all encompassing on the website. Should you have questions regarding the terms and conditions, we are available for consultation and would be happy to clarify any areas in advance of signing a contract with us.
PAYMENT TERMS & CANCELATIONS
Retreat Pricing
All prices are per person and are set well in advance of the retreat start date. Prices include retreat costs only; they do not include travel costs to and from the retreat.
Retreat Payments & Deposits
An initial non-refundable deposit (the “Deposit”) of $300 is due upon booking to confirm your reservation. You can also pay for full amount of
Queen Private Room - $850
Shared Room - $725 per person
Private Single Room - $775
Payment must be made via PayPal or Venmo. After payment, using the link on the website, form must be filled out on Retreat page with Name, Contact Info, Type of Room booked & whether a deposit or full amount has been made, dietary restrictions and allergies, injuries and health issues, other questions, and if applicable roommate preference. By paying this Deposit or Full Amount, you are agreeing to these Terms and Conditions and agreeing to make payments to Cultivate Fit & Well LLC in accordance with the payment schedule on the Cultivate Fit & Well LLC website and listed here, unless advised otherwise by a Cultivate Fit & Well LLC representative by email. If a $300 non-refundable deposit is made, then the remaining balance will be due no later than September 15, 2019. If full payment is not received by September 15, 2019, we reserve the right to cancel your reservation and fill your spot. We will make every effort to avoid this situation by contacting you prior to and on the day of the balance due date. If you make a booking after the Deposit due date- September 15, 2019, then you are required to pay, at the time of booking, full payment of King Private Room - $3250, King Shared Room (2 ppl, 1 bed) - $3900, Queen Private Room - $2700, Queen Double Room (2 Queen Beds, Shared Room) - $2350 per person
Triple Room (3 beds) - $2000 per person. Any retreat package purchased after February 6, 2019 must be paid in full at the time of booking.
Strict Cancelation Policy
If you wish to cancel your retreat you must notify Cultivate Fit & Well via email at cultivatefitandwell@gmail.com. There are no refunds on deposits of $750. If full payment is received prior to February 6, 2019 and cancelation is made prior to February 6, 2019 a refund of total amount paid minus $750 non-refundable deposit will be refunded. There are also no refunds paid after February 6, 2019 of full amount Retreat Queen Private Room - $850,
Shared Room - $725 per person, Private Single Room - $775. Exceptions to our cancelation policy cannot be made for ANY reason. Cultivate Fit & Well is not responsible for expenses (including but not limited to, lodging, meals, transportation incurred for delays and/or cancelation of the trip) for reasons beyond the control of Cultivate Fit & Well, include but not limited to adverse weather conditions, fire, explosions, flood, tempest, failure or shortage of power supplies, fault or failure of plant or machinery, war, hostilities, riot, acts of terrorism, strikes, lock-outs, health changes, personal emergencies, or other industrial action (“A Force Majeure Event”). There is no refund for arriving late or leaving a trip early.
Transfer Policy
Reservations cannot be transferred from one retreat to another.
Retreat Cancelations
Cultivate Fit & Well reserves the right to make any changes deemed necessary; including, but not limited to: advertised excursions, arranged transportation, advertised meals, etc. In the rare case of a Cultivate Fit & Well Retreat cancelation, Cultivate Fit & Well will offer a transfer to another Cultivate Fit & Well Retreat (if possible) or a full refund of your payment. In all other circumstances, your deposit is non-refundable. Cultivate Fit & Well is not responsible for any expenses or damages incurred as a result of retreat cancelation including preparation costs, airline tickets, travel documents, car rentals, transportation payments, or other expenses. Cultivate Fit & Well reserves the right to cancel any retreat prior to departure in the event that there are too few people booked, in which case you will be given a full refund of any and all payments made to Cultivate Fit & Well Retreats. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such cancelation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
Travel Documents
For retreats held outside the U.S., all American passport holders are required to have at least 6 months validity on their passport at time of travel. Information regarding necessary documentation is provided as necessary on our website or you can contact us for more detailed information.
Roommates & Roommate Assignments
Retreat rates are per person. Double or otherwise advertised shared rooms require shared occupancy for the specified room rate. If you book a shared room without specified roommate(s), we will do our very best to match you with your desired room type and price point. In the event we can’t find you a roommate for your first pick, we will present you with different rooming options. This means that if there is no roommate, you will have to pay for the full room cost for a single room rate, not shared rate.
Health and Fitness
You are obligated to read and fill out the Questionnaire Form on website with the section where you will list any injuries or health conditions honestly, accurately, and completely. You should consult with your physician regarding your fitness for travel and adventure travel in particular. Cultivate Fit & Well is not responsible for providing any medical advice. Cultivate Fit & Well strongly encourages you to seek your physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of your travel with Cultivate Fit & Well.
Refusal of Service
For the benefit of everyone on your Cultivate Fit & Well Retreat, Cultivate Fit & Well reserves the right to accept or reject any participant, at any time, for any reason without any liability whatsoever. In the event Cultivate Fit & Well determines, in its sole and absolutely discretion, that a participant is disruptive to the harmony of a Cultivate Fit & Well Retreat, Cultivate Fit & Well may, without any obligation to pay a refund or any other amount whatsoever, expel such participant from the retreat. If you leave any Cultivate Fit & Well Retreat prior to its conclusion or for any activity not included in the itinerary of the particular Cultivate Fit & Well Retreat, you agree that Cultivate Fit & Well has no responsibility or liability to you.
ACKNOWLEDGEMENT
Assumption of Risk
I acknowledge that I have voluntarily enrolled to participate in this Cultivate Fit & Well Retreat. In consideration of Cultivate Fit & Well allowing me to participate, I agree to this release of claims, waiver of liability and assumption of risks. On behalf of myself, my heirs, executors, successors, administrators and any other person who may have an interest at common law or by operation of statute, I hereby waive any and all claims I or such parties may have now or in the future. I release from liability Cultivate Fit & Well and any teachers, employees, guides, agents or representatives (“the releasees”) for any personal injury, death, property damage or loss or any nature suffered by me as a result of participation in any activity on the retreat. I release from liability Cultivate Fit & Well for any cause whatsoever including those arising out of, or in any way connected to or occasioned by the negligence of the releasees.
PHYSICAL TRAINING RELEASE OF LIABILITY
Express Assumption of Risk
I, the undersigned, am aware that there are significant risks involved in physical training, including but not limited to, the physical training inherent to all pilates and strength exercise activities, and that my participation in any such physical training program carries with it the potential for death, injury, and/or property damage. The risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; those risks caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration. These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participating, volunteering or watching in any physical training, including this yoga program. I realize that liability may arise from negligence or carelessness by the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.
I acknowledge that I am willingly participating in these activities and that I have assumed all risks as described above. In consideration for my being allowed to participate in the activities offered, I, the undersigned hereby release Cultivate Fit & Well, their principals, teachers, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Cultivate Fit & Well and the hosting organization, their principals, agents, employees, and volunteers 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 participating in activities offered. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training.
MEDIA
Permission for Capture and Use
Media is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable consideration received, I grant to Cultivate Fit & Well the absolute and irrevocable right and unrestricted permission concerning any captured media that she/he has taken or may take of me or in which I may be included with others, to use, reuse, publish, and republish in whole or in part, individually or in connection with other material, in any and all publishing platforms now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if she/he so chooses. I release and discharge Cultivate Fit & Well from any and all claims and demands that may arise out of or in connection with the use of the media, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer, Videographer, Interviewer, Editor, as well as the person(s) for whom he/she captured the media. I am a legally competent adult and have the right to contract in my own name. I have read this document and fully understand its contents. This release shall be binding upon me and my heirs, legal representatives, and assigns.
WAIVER
Release and Waiver of Liability
I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue or attach the property of Cultivate Fit & Well, their affiliates, teachers, employees, agents or volunteers or any of their affiliated organizations for injury or damage resulting from acts, howsoever caused, by any employee, agent, or contractor, or any of their affiliated organizations, as a result of my participation in Cultivate Fit & Well retreats. I hereby release Cultivate Fit & Well, and any of their agents or affiliated organizations from all actions, claims or demands that I, my assigns, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury, damage, or death resulting from my participation in Cultivate Fit & Well retreats. I am medically, physically, emotionally and in all respects fit and able to participate in Cultivate Fit & Well retreats. I agree I will be fully and financially responsible for my own physical condition and well-being during the retreat and will follow the safety precautions and instructions prescribed by Cultivate Fit & Well.
I acknowledge that Cultivate Fit & Well may make suggestions from time to time that are intended to help me and my well-being. However I take ultimate responsibility for my choices and realize that Cultivate Fit & Well is not licensed medical provider and that I must consult my doctor.
If I experience pain or discomfort during the retreat, I will modify Cultivate Fit & Well’s instruction to suit my individual needs. I will not hold Cultivate Fit & Well responsible for any pain or discomfort I experience during or after the retreat. I understand that the activities offered on this retreat are not a substitute for medical care. I understand that Cultivate Fit & Well is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.
By agreeing to the terms outlined here and elsewhere on the Cultivate Fit & Well website I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation on a Cultivate Fit & Well Retreat.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules.
Amendments
Cultivate Fit & Well reserves the right to update and/or alter these Terms and Conditions at any time by posting the amended Terms and Conditions on the Cultivate Fit & Well website (www.cultivatefitandwell.com). You agree to be bound to the Terms and
Conditions, as revised from to time, even after you book your Cultivate Fit & Well Retreat.
Indemnification and Liability
You agree to indemnify, defend and hold Cultivate Fit & Well and its owners, officers, directors, employees, independent contractors partners, attorneys, and affiliates harmless from any liability, loss, claim and expense including reasonable attorneys’ fees, related to your violation of these Terms and Conditions or use of this Site.
To the fullest extent allowed by law, you agree that you will not institute any lawsuit or other legal action against Cultivate Fit & Well or its owners, officers, directors, employees, independent contractors partners, attorneys, and affiliates and all organizations and
individuals assisting in promoting, conducting or otherwise affiliated with the Cultivate Fit & Well Retreat as a result of your participation in or injury from any Cultivate Fit & Well Retreat.
subsidized activity.
Severability Clause
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.