In consideration of Participant partaking in the Mavens Retreat (the “Retreat”), it is agreed as follows:
1. WHAT YOU RECEIVE
Participant hereby retains Company to participate in the wellness and self-care retreat.
(a) Mavens Retreat will take place from May 17-21, 2023 and includes the following (the “Service”):
Twice daily movement and mindfulness classes
Accommodation in villa room with daily maid service
Three meals per day
(b) Additional services and activities, beyond those described above, will require additional fees to be discussed and agreed upon by the parties.
2. PAYMENT TERMS
(a) Retreat Fee: In consideration for the Service provided by Company to Participant as set forth in paragraph 1 above, Participant agrees to pay Company the following.
Option 1: EARLY BIRD. $2,800 USD, available until December 16, 2022.
Option 2: REGULAR. $3,700 USD.
Option 3: VIP. $3,999 USD.
Option 4: SHARED ROOM $4,550.
All payment options include a non-refundable $600 deposit.
SHARED ROOM is a two-person maximum occupancy room. Company is not responsible for finding participants to share room. Payment can be made by single payment source (credit card, Venmo, ACH etc) only.
The balance is due as follows:
(1) Option 1: PAYMENT IN FULL. Payment shall be made in full at time of booking.
(2) Option 2: PAYMENTS. $600 USD due at confirmation, second payment due February 1, 2023 and remaining balance due March 1, 2023. A $50 USD fee will be charged to all payment plans.
Company reserves the right to cancel Participant registration without refund if all payments have not been made in full by March 1, 2023.
(b) Additional Fees
Declined Payment / Late Payment Fees: If your payment declines, you will have 48 hours to remit payment without penalty. A fee of $35 will be applied if your payment is not successfully re-submitted within 48 hours of the payment date.
Reservation Cancellation for Non-Payment: If a scheduled payment remains unpaid 48 hours after the late fee or declined payment fee has been assessed, the reservation is considered delinquent and is subject to cancellation by the Company.
This engagement shall commence as of the signing and shall continue through culmination of the Retreat (May 21, 2023), or cancellation by either party in accordance with paragraph 4.
(a) Participant Cancellation: Participant may cancel this Agreement for any reason by providing written notice to Company:
If Participant cancels before February 28, 2023, participant is alleviated of his/her obligation to pay the remainder of fees owing as of the date of cancellation, minus the $600 deposit.
Cancellations after March 1, 2023 will not be refunded. Participant can transfer registration to another individual, pending approval by the Company.
(b) Company may cancel this Agreement at any time for any reason by providing written notice to Participant. In the event that Company cancels this Agreement prior to commencement of the retreat Company will provide a full refund of monies paid by Participant. In the event that Company cancels this Agreement after the retreat commences, Company will provide a prorated refund to Participant. Company is not responsible for any expenses incurred by Participant related to the retreat prior to cancellation by the Company.
6. NO GUARANTEES
Company cannot guarantee the outcome of the retreat and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the services described in Paragraph 1(a) shall be provided to Participant in accordance with the terms of this agreement. Participant acknowledges that Company cannot guarantee any results for retreat activities and services as such outcomes are based on subjective factors that cannot be controlled by Company.
7. INHERENTLY DANGEROUS ACTIVITIES AND RISK
Participant attests that they are voluntarily participating in all the activities involved in and related to the Retreat. Participant acknowledges that the Services provided at the Retreat, as well as certain optional activities offered by the venue, are inherently dangerous or carry some inherent risk, including but not limited to yoga, hiking, water sports, adventure activities, and other physical activities. These activities can be strenuous and many occur in the natural environment among naturally occurring hazards. Participant expressly assumes the risk for any damage to self or property.
Participant represents and warrants that they have sufficient physical strength, ability, and experience to participate in the Retreat and the activities and services provided. Participant represents and warrants that they do not have any health problems or medical conditions that might preclude participation in the Retreat or the activities and services.
Participant understands that, while reasonable precautions have been taken to promote safety, not every situation can be controlled. Therefore, Participant assumes any and all of the risks of participating in the Retreat and agrees to indemnify, hold harmless, and promise not to sue Company or any party or entity conducting a specific event or activity on behalf of Company and release those parties from any and all liabilities or claims made as a result of Participant’s attendance and participation in the Retreat. Under no circumstances will Company be held liable for Participant’s injury, illness, death, or any loss or damage of Participant’s personal belongings resulting from their participation in the Retreat or during their travels to and from the Retreat. Should Participant require emergency medical treatment as a result of accident or illness arising during Participant’s attendance and participation in the Retreat, Participant consents to such treatment. Participant acknowledges and agrees to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. Participant will notify Company verbally and in writing if at any time Participant is injured prior to, during, or after the Retreat in Participant’s travels or attendance, or if Participant has medical conditions about which emergency medical personnel should be informed; however, Participant understands that Company is not legally obligated to act on that information in any way or to provide any medical service whatsoever to Participant. Participant agrees that if they have any medical or psychological conditions that may hamper them from fully and healthfully participating in the Retreat, Company retains the right to ask that Participant not participate in portions of or the entirety of the Retreat.
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. By attending the Retreat, you (a) acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, and death, (b) voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expenses, of any kind (“Claims”), that you may experience or incur, and (c) hereby release, covenant not to sue, discharge, and hold harmless the Company, Event promoter(s), vendor(s), and each of their respective parents, members, partners, affiliates, divisions, subsidiaries, and landlords and their respective officers, directors, and employees from Claims of any kind arising out of or relating thereto. No refunds will be given to guests who wish to cancel their trip over concerns for Covid 19. AE Wellness LLC recommends that guests purchase an insurance policy that includes “Cancel for Any Reason” coverage to protect the cost of their trip.
8. ALTERATIONS TO THE SERVICE
Company reserves the right to make reasonable alterations the program of the retreat, including activities as necessary to maintain the safety of participants and the integrity of the retreat experience. Participants understand that the route, schedules, itineraries, amenities and mode of transport to and from any activities may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
9. FORCE MAJEURE
The Company is not liable for failure or delay in performance of the Company’s obligations under this Agreement if such failure or delay in performance is as a result of causes and/or circumstances beyond the Company’s reasonable control and without its fault or negligence, including but not limited to accident, illness, Acts of God (including fire, flood, earthquake, storm, hurricane, or other natural disaster) or of the Public Enemy, acts of war, acts of a government in its sovereign capacity, fires, floods, epidemics, quarantine restrictions, unusually severe weather, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
Should any such occurrence impede or delay travel and execution of any obligation under this Agreement, every reasonable effort will be made by the Company to mitigate, modify or alter this Agreement as to meet the stated and agreed upon obligations. The Company is not entitled to terminate this Agreement under Paragraph 3 (TERM) in such circumstances, except by mutual consent and agreement in writing pursuant to the Force Majeure provisions. If the Company asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the Company must prove that it took reasonable steps to minimize delay or damages caused by foreseeable events, that the Company substantially fulfilled all non-excused obligations, and that the Participant was timely notified of the likelihood or actual occurrence of an event described in in this Paragraph 10. Should Force Majeure render the need for Company’s services null and void, Participant agrees to terminate the contract amicably and bear their own expenses incurred to date unless otherwise indicated or specified.
10. RELEASE OF LIABILITY
Participant hereby takes the following action for himself or herself, his or her executors, administrators, heirs, next of kin, successors, and assigns:
(a) I waive, release, and discharge the Company and/or its directors, officers, employees, volunteers, sponsors, representatives, and agents, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me during the trip or during my travels to and from the Retreat.
(b) I indemnify, hold harmless and promise not to sue the Company or persons mentioned in this document from any and all liabilities or claims made as a result of participation in the Retreat, whether caused by negligence or otherwise.
11. PHOTO AND VIDEO RELEASE
By participating in the Retreat, Participant understands that portions of the Retreat may be recorded in video and audio and/or captured in still and/or digital photographs by the Company. Participant agrees that the Company and its assigns have the right and permission to use such recordings and photographs for any purpose without further compensation, permission, or notification.
The Retreat and the Services provided are not meant to diagnose, treat, or cure any disease or illness. The Retreat and the Services provided do not and should not substitute for medical care and treatment from a physician.
Notwithstanding paragraph 11, and except as necessary to cooperate with the legal process, including law enforcement and governmental requests; or comply with applicable laws and regulations, Company agrees not to disclose Participant’s confidential information. Participant agrees not to disclose the confidential or proprietary information or ideas of other participants in the Retreat. Participant’s breach of this paragraph, if discovered during the term of this agreement, may result in cancellation of Participant’s participation in the Retreat without refund.
14. INTELLECTUAL PROPERTY
All material and information provided by the Company as part of the Retreat is proprietary and comprises intellectual property owned solely by Company. Company maintains exclusive, worldwide right, title, interest, ownership and all subsidiary rights, including all rights accruing to Company under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, services, techniques, marketing ideas, and commercial strategies, that have been or will be created by Company (“the Work”), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. Client does not have permission to use, reproduce, distribute or create derivative works based on the Work.
(a) Company’s Warranties: Company represents, warrants and covenants that Company has full authority to enter into this Agreement and that all of the services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Participant’s Warranties: Participant represents, warrants and covenants that Participant has full authority to enter into this Agreement and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Participant’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
16. EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
17. ENTIRE AGREEMENT; MODIFICATION; WAIVER
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
18. NEUTRAL CONSTRUCTION
This Agreement was prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Participant may not assign any of its rights under this Agreement, except to a wholly owned subsidiary entity of Participant. No such assignment by Participant to its wholly owned subsidiary shall relieve Participant of any of its obligations or duties under this Agreement.
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows:
To Company at: 321 N Pass Ave, Suite 309, Burbank CA 91505
To Participant at: address included at time of registration
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above.
22. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Los Angeles County, California. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
23. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.