TERMS & CONDITIONS and Liability

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. 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. 

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 by reference here.

By clicking “Purchase,” “Confirm,” “Attend,” or undertaking any other affirmative action manifesting your intent to attend to 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 ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR CONSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO ATTEND ANY OF ORGANIZER’S RETREATS.

Organizer and Guests may be referred to individually as “Party” and collectively as the “Parties.” Additional details regarding the Retreat, such as included meals and amenities, transportation, etc., if applicable, will also be included on a page shown to you prior to full 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.

PAYMENT TERMS & CANCELLATIONS

1. 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.

2. RETREAT PAYMENT & DEPOSIT

Payment can be made in full by credit card, ACH, or Paypal. All payments are non-refundable. 

3. CANCELLATION POLICY

If you wish to cancel your retreat, Guest must notify Organizer via email at info@bookabreak.org. There are no refunds on payments made. Credit for payments made are transferrable to another retreat within the next 12 months following the date of the cancelled retreat package. There is no refund for arriving late or leaving a trip early.

4. RETREAT CANCELLATIONS

Organizer 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  Retreat cancellation, Organizer will offer a transfer to another retreat (if possible) or a full refund of your payment within 14 days. Organizer is not responsible for any expenses or damages incurred as a result of retreat cancellation including preparation costs, airline tickets, travel documents or other expenses. Organizer 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 Organizer. 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 cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).

5. TRAVEL INSURANCE

All Guests are strongly encouraged to purchase and maintain travel insurance during the entire length of the Retreat (including through the return date). Guests that choose to purchase coverage are individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should ideally include, but not be limited to illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses, and/or liabilities. It is your responsibility to ensure that any policy you take meets your needs.

Organizer is not responsible or liable for any loss, damage, expense, cost, or any other travel issue. Guests may fail to purchase travel insurance at their own risk.

6. 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. 

7. ROOM ASSIGNMENTS

Retreat rates are offered in a few different formats: individual private room, double occupancy with single bed, or double occupancy options. Not all options are available at every location due to the set up of guest rooms in various locations, so please be mindful of your selection when purchasing. For retreats that offer a shared room alternative, guests will have the option to book the second room occupant at time of registration (or potentially) request to be assigned a roommate who is also requesting a double occupancy room option. 

Guest is prohibited from selling or reselling Guest’s space in the Retreat, unless Guest has specifically executed a written agreement with the Organizer that expressly allows for such activity.

8. AGE RESTRICTIONS

The Retreat’s events are only open to people aged 21 and over, no exceptions. 

Guest agrees that they are over 21 (twenty-one) years of age and may legally consent to and enter into this Agreement to attend the Retreat.

ACKNOWLEDGEMENT

9. ASSUMPTION OF RISK

I acknowledge that I have voluntarily enrolled to participate in this retreat. In consideration of The Organizer 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 The Organizer and any teachers, employees, guides, agents or representatives (“the releasees”) for any personal injury, death, property damage or loss of any nature suffered by me as a result of participation in any activity on the retreat. I release from liability The Organizer 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

10. EXPRESS ASSUMPTION OF RISK

I, the undersigned, am aware that there are significant risks involved in all physical activities, including but not limited to, the physical activities inherent to all recreational activities, and that my participation in any such physical activity 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 instructors or teachers, the Organizer, 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, teachers, 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 other retreat participants. 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 activity, including archery, hiking, and any and all other retreat events and activities. 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 The Organizer, 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 The Organizer 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.

11. HEALTH RELEASE OF LIABILITY:

Your participation in the Retreat indicates your acknowledgment and agreement with, as well as your warranty of, the following statements: 

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. 

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 happen to me while participating in the Retreat. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones. 

I agree that if I do experience medical issues, I will contact my doctor immediately. 

I agree and verify that all of the information that I have given the Organizer and its representatives is accurate, up-to-date, and without the omission of any known medical issues. 

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 myself or to others because of my actions or inactions. 

I agree to keep the Organizer apprised of any changes or upcoming changes concerning my physical health and personal information. 

I understand and agree that it is my responsibility to let the Organizer know if I find myself in any pain or discomfort before, after, or during the Retreat. 

If I do require medical treatment or attention while or after participating in the Retreat, I agree that the medical costs are mine and mine alone and hold the Organizer blameless from any charges, fees, or costs that my conditions may incur. 

I specifically acknowledge and agree that these clauses are not intended to be a general release, which would be limited under some state and local laws.

12. ADDITIONAL ITEMS:

You are solely and exclusively responsible for maintaining upto-date 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. Organizer is not liable or responsible for any Guest being denied entry or exit to or from any location or country. 

Organizer may coordinate with third parties to provide some or all of the services for the Retreat. You acknowledge and agree that in order to participate in the Retreat, you must agree to the terms and conditions for any third-party services. For example, if the Retreat includes a hike, Organizer may arrange for a local tour company to take you on the hike, and that company will likely have their own liability waiver that you must agree to in order to go on the hike. Similarly, if the Organizer works with another party to plan the entire Retreat, including lodging, tours, and any other services, you must agree to that third party’s terms and conditions to participate in the Retreat. Organizer will not provide a refund if you are denied any third-party Retreat services because you failed to agree to that third party’s terms and conditions.

MEDIA

13. 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 The Organizer 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 The Host 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.

14. INTELLECTUAL PROPERTY:

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. 

Guest acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Organizer and its affiliates, licensors, and suppliers. 

Guest expressly agrees not to do anything inconsistent with Organizer’s ownership of all of the intellectual property discussed herein. Guest further agrees that there are no rights, title, or interest in or to any of the Organizer’s Intellectual property. In addition, Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Organizer or any third party.

15. USE:

Guest agrees not to use the Website or Retreat for any unlawful purpose or any purpose prohibited under this clause. Guest agrees not to undertake any action which may damage the Organizer in any way. Guest further agrees not to use the Website or 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 towards any group; 

(h) To unlawfully gather information about others.

Guest agrees to defend and indemnify Organizer and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Guest’s use or misuse of the Website, Guest’s attendance at the Retreat, Guest’s breach of this Agreement, or Guest’s conduct or actions. The Guest agrees that the Organizer shall be able to select its own legal counsel and may participate in its own defense, if so desired.

WAIVER

16. 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 The Organizer, 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 The Organizer's retreats. I hereby release The Organizer, 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 The Organizer's retreats.

I am medically, physically, emotionally and in all respects fit and able to participate in The Organizer’s retreats.

I acknowledge and agree that there are risks that you may not have considered, yet you waive your right to any claims that may occur from these unconsidered risks and choose, of your own will and volition, to participate in the Physical Activities. 

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 The Organizer.

By agreeing to the terms outlined here and elsewhere on the BookaBreak website I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation on a The Organizer’s retreat.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware , without regard to its conflict of laws rules. 

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 WILL AND VOLITION. YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT. IN NO EVENT WILL ORGANIZER BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT

17. HEADINGS:

Headings to 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.