This Retreat Agreement (the “Agreement”), is made by and between Lifestyle Fitness Training, and you (hereafter known as “Participant” and collectively, the “Parties”)
1. RETREAT. Lifestyle Fitness Training agrees to provide a retreat (herein referred to as the “Retreat”) for the purposes of providing a wellness retreat experience.The Participant agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Retreat. Your participation in this Retreat includes: 3 nights accommodation, 3 meals per day, non alcoholic beverages, coffee & water, in between meal snacks, daily low impact movement, 2 wellness strategy sessions, and one outdoor excursion (weather permitting). By signing up for this Retreat, you acknowledge the following: • It is your sole responsibility to secure your Passport and make sure your Passport is current (if applicable) • It is your sole responsibility to book and secure your travel arrangements • It is your sole responsibility to purchase travel insurance – this is HIGHLY recommended in case of an emergency whereby you will need to cancel the trip, or if there is some severe weather emergency where the Retreat will need to be canceled. • You are at least 18 years or older •
2. PAYMENT. Total prices for this membership program are: - $4410 (Tier 1), $8010 (Tier 2) or $11,610 (Tier 3). If payment is not received, defaults or bounces back, Lifestyle Fitness Training reserves the right to suspend participation until payment is complete.
3. REFUNDS. Due to the nature of this event and because we have obligations to operating and staffing costs to successfully host this Retreat, all deposits and payments are non-refundable. Should the need to cancel arise, you may transfer your registration to another participant, in an agreement separate from Lifestyle Fitness Training. Lifestyle Fitness Training retains the right to accept or decline the exchange participant. All sales are final.
4. CANCELLATION DUE TO LOW BOOKING NUMBERS. Lifestyle Fitness Training reserves the right to cancel Retreat prior to the event in the unlikely occurrence that there are not enough participants signed up. In this case, you will be given a full refund including your deposit. Lifestyle Fitness Training is not responsible for reimbursing travel or flights, so again, it is advised that you obtain travel insurance for the Retreat.
5. PHYSICAL AND MENTAL HEALTH REQUIREMENTS. By signing up for the Retreat, you attest that you are in good physical and mental health to travel and participate in the Retreat. You are advised to consult with a physician to ensure you are in good health. Lifestyle Fitness Training also strongly recommends and advises you to secure travel insurance.
6. RELEASE OF LIABILITY / ASSUMPTION OF RISK. You agree to the following:
A. Certain activities including, but not limited to, yoga, water related activities, boat trips and hiking have risks of injury, including serious injury. You understand the nature of the activity and acknowledge that you are qualified, in good health, and in proper physical condition to participate in such activity. You further agree and warrant that if, at any time, you believe the conditions to be unsafe, you will immediately discontinue further participation in the activity.
B. You will notify Lifestyle Fitness Training if you suffer from any medical or health condition that may cause injury to yourself or others or may require emergency care during your participation.
C. YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS and dangers, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined below) or others, and assume full responsibility for your participation. You acknowledge that these risks and dangers may be caused by your own actions or inactions, the actions or inactions of others participating in the Retreat, the conditions in which the Retreat takes place, or the negligence of Lifestyle Fitness Training. YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES you incur as a result of your participation in the Retreat.
D. YOU HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Lifestyle Fitness Training, its sponsors, employees, staff, volunteers, other participants, owners and lessees of the premises on which the Activity is conducted (“Releasees”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON YOUR ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; and you further agree that if, despite this Agreement, you, or anyone on your behalf makes a claim against any of the Releasees, you WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.
7. MEDIA RELEASE. Lifestyle Fitness Training reserves the right to use photos or videos from the Retreat for promotional purposes. By signing up for the Retreat, you agree to allow your image to be used for this purpose. If you do not want your image or voice to be used, please notify Lifestyle Fitness Training in writing before the Retreat begins.
8. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, or otherwise, throughout the Term of this Retreat (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of Retreat Registration shall survive the termination, revocation, or expiration of this Agreement.
9. NON-DISPARAGEMENT. Client shall not make any false, disparaging, or derogatory statement in public or private regarding Lifestyle Fitness Training, its employees, or agents. Lifestyle Fitness Training shall not make any false, disparaging,or derogatory statements in public or private regarding Client and its relationship with Lifestyle Fitness Training.
10. INDEMNIFICATION. Client agrees to indemnify and hold harmlessLifestyle Fitness Training, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Lifestyle Fitness Training, in writing.
11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of The United States, regardless of the conflict of laws principles thereof.
12. ENTIRE AGREEMENT; AMENDMENT; HEADINGS. This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
13. COUNTERPARTS. This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument. 19. SEVERABILITY. Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
14. WAIVER. The waiver or failure of Lifestyle Fitness Training to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
15. ASSIGNMENT. This Agreement may not be assigned by either Party without express written consent of the other Party.
16. FORCE MAJEURE. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence. In the case of any change, modification, cancellation, postponement or delay due to any unforeseeable events, you acknowledge that you will have no right of refund asLifestyle Fitness Training will do its best to transfer the funds to a new date.
17. CLIENT RESPONSIBILITY; NO GUARANTEES. Participant accepts and agrees that Lifestyle Fitness Training will help and guide Participant; however, engagement is the one vital element to the Retreat’s success that relies solely on Participant. Lifestyle Fitness Training makes no representations, warranties or guarantees verbally or in writing regarding Participant’s performance. Participant understands that because of the nature of the Retreat and extent, the results experienced by each client may significantly vary.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Client Agreement as of the date of registration.