RETREAT PARTICIPANT AGREEMENT/MEDIA RELEASE
Are you excited for the retreat? Before you sign up with us, please read and understand this Retreat Agreement (the “Agreement”). The purpose of this Agreement is to communicate our mutual expectations for the retreat (the “Retreat”). Please raise any questions you have before signing to make sure we are on the same page moving forward.
In exchange for being allowed to participate in the Retreat, you agree to be bound to the following terms.
- Parties. This Agreement is made between Mind and Body Complete Wellness LLC, a Limited Liability Company operating in the State of Texas (“Mind & Body Complete”, “we,” “us,” and “our”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”).
- What to Expect During the Retreat. Mind & Body Complete will provide you with a relaxing and uplifting Retreat. The Retreat may include but is not limited to:
- 2.1.Yoga and Meditation
- 2.2.Equine Yoga
- 2.3.Mindful Living, Stress Reduction and Manifestation Workshops.
- 2.4.Horseback Riding, Skeet Shooting, Welding Workshops, Hiking and various Water-based Activities
- What We Expect of You. Here is what we expect of you as a participant in the Retreat to ensure the best possible experience for everyone:
- 3.1.Respect: You agree to always be mindful and respectful of other participants, instructors and facilitators during the Retreat.
- 3.2.Ownership: You are responsible for your own physical, mental and emotional well-being and actions during the course of the Retreat.
- 3.3.Communication: We expect you to be upfront and honest about any issues or pains you have and your medical history.
- 3.4.Confidentiality. I will not dishonor those present and agree to not share what is shared between participants with anyone else and agree to respect the beliefs and perspectives of other participants and staff/employees/contractors/owners of Mind & Body Complete.
- Sharing Rooms: We understand that sharing private accommodation is a great way to travel and keep costs low. However, if you opt to share with a friend and one person cancels, the single attendee shall be responsible for paying the additional cost associated with having a private room.
- Termination: Both you and Mind & Body Complete can terminate this Agreement. At the time of termination, if any fees have been paid, our refund policy will be enforced. Alternatively, if both parties agree to end the relationship at once, that will be binding.
- 5.1.If you violate any of the expectations outlined above, Mind & Body Complete may terminate this Agreement effective immediately. You will not be entitled to refunds or to a continued working relationship with Mind & Body Complete.
- Payment. You agree to pay the price of the Retreat as listed in the pricing structure. You must pay a 50% deposit at least five (5) weeks prior to the Retreat. Full payment is due 30 days prior to the Retreat.
- Refunds and Cancellation. Our refund policy is as follows:
- 7.1.If you can no longer attend the retreat, you must give written notice to the organizer. No refunds are given, all monies should be recouped from your travel insurance based on the terms of your policy. Mind & Body Complete will not be responsible for any such claims.
- 7.2.Mind & Body Complete will permit you to transfer your spot and all monies paid to another participant up to three (3) days prior to the retreat. It must be a new participant (not one that is already registered). An admin fee of USD $25 will be charged for a transfer.
- 7.3.If you are unable to make your trip for any reason, including COVID-related illness, illness, death in the family, etc., it is your responsibility to ensure your travel insurance can reimburse your fees as per the Mind & Body Complete cancellation policy.
- 7.4.If Mind & Body Complete is unable to facilitate the Retreat and it does not happen, we will refund your retreat fees in full. However, Mind & Body Complete shall not be responsible for any additional fees paid by Guests to third parties, such as travel companies, etc.
- 7.5.Mind & Body Complete cannot control nature or events that may happen, causing the Retreat location to become unavailable and/or any personal tragedies causing interruptions to travel, including sickness/death in the family, etc. Mind & Body Complete is not responsible for airfare or travel arrangements made, nor the loss of any retreat fees paid, and you accept that it is your responsibility to research and purchase travel insurance.
- No Guarantees. While Mind & Body Complete will try to ensure you have the most wonderful experience on the Retreat, we make no guarantees that you will get any specific results from your participation.
- Media Release. The purpose of this Media Release (the “Release”) is for you to give us permission to use any photos or videos we capture of you or photos, videos or any other content taken or created by you as we prepare to record content to stream online. We want it to be perfectly clear that you are giving away the irrevocable rights of your audio, video, photo and other recordings to Mind & Body Complete.
- 9.1.On-Camera Release. You hereby grant to Mind and Body Complete Wellness LLC, a Limited Liability Company operating in the State of Texas, and any of its subsidiaries, affiliates, successors, licensees and assigns (collectively, “Mind & Body Complete” or “us”) the worldwide, irrevocable, perpetual right to photograph and record you on video or film, edit and use any such photographs or recordings, including your voice, movements, musical or other sound effects, as well as your biographical information and testimonials, for any purpose, including commercial use, in any and all media, now known or hereafter devised.
- 9.2.Work-for-Hire. If we, Mind & Body Complete, have hired you as a professional to create content on our behalf, by signing this Release, you understand that we are creating a ‘Work for Hire’ relationship, where all intellectual property ownership in all materials created will forever belong to Mind & Body Complete.
- 9.3.Materials Release. You hereby grant to Mind & Body Complete the worldwide, irrevocable, non-exclusive, perpetual right to use the copyrighted photographs and/or video recordings, taken by you or of you, which you either provide to Mind & Body Complete or which Mind & Body Complete takes of you (the “Licensed Material”) for any purpose, including commercial use and resale, in any and all media, now known or hereafter devised.
Mind & Body Complete’s use of the Licensed Material shall be subject to an arrangement made between you and Mind & Body Complete. You warrant and represent that you have the right and authority to grant these rights, that the consent of no other person or company is required to enable Mind & Body Complete to use the Licensed Material, and that such use will not violate the rights of any kind of third parties.
- 9.4.Release of Liability. You hereby release Mind & Body Complete from any and all claims and demands of any nature whatsoever arising out of or in connection with it exercising its rights under this Media Release Agreement, including, without limitation, any and all claims for invasion of privacy, infringement on the right of publicity or personality, defamation (including libel and slander), and infringement of moral rights and other personal and/or property rights. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. You hereby agree to indemnify and hold harmless Mind & Body Complete and its members, officers, directors, employees, volunteers, agents, heirs, executors, administrators, successors and assigns from any and all liability resulting from our use of the Licensed Materials.
- 9.5.Ownership of Licensed Materials. You understand that in signing this agreement, either by hand or electronically or clicking ‘I Agree’, you are irrevocably assigning, across all jurisdictions in the world and forever, any intellectual property rights you have in the Licensed Materials, however they were created. Mind & Body Complete will always have full intellectual property ownership of the Licensed Materials, and this is a work-for-hire provision, where Mind & Body Complete is paying you to keep all ownership in the Licensed Materials All the content we have provided to you, including but not limited to videos, documents, and PDFs, is for your use only and may not be altered, displayed, re-distributed or re-used. You will not infringe copyrights, trademarks, service marks, or any other intellectual property rights associated with Mind & Body Complete.
- Expectations and Behavior. Being on a retreat means that we are going to be sharing space and energy with others around us in a safe space. As such, we want to be super clear that we do not accept any rude, racist, sexist, or discriminatory behavior of any kind towards any person. If you display any behaviors which are found to be unacceptable, you will be asked to leave the Retreat immediately, not welcome to participate in any Activities moving forward and you will not be refunded for any amounts you have invested in the Retreat. We will not have an issue so long as you do not display any harmful or offensive behavior. Further, we operate in a safe place, and as such, any form of harassment, be it verbal or physical, is strictly prohibited. If you harass anyone – Retreat staff or fellow participants, you will be forced to leave the Retreat immediately.
- Mandatory Insurance. You must obtain travel insurance that covers your participation in the activities on the Retreat. We also highly recommend that your insurance covers things like trip interruption, cancellation charges, medical expenses and loss of items. Organizer is not responsible or liable for any loss, damage, expense, cost, or any other travel issue. Mind & Body Complete does not require a copy of your policy.
- 11.1.You agree to hold Mind & Body Complete harmless from any and all claims, including attorney’s fees or damage to your personal property, that may occur as a result of your participation in this Program, including travel to, from and during the Retreat. If Mind & Body Complete incurs any of these types of expenses, you agree to reimburse Mind & Body Complete. If you need medical treatment, you agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health insurance.
- Additional items. You are responsible for maintaining up-to-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. Mind & Body Complete is not liable or responsible if you are denied entry or exit to or from any location or country for any reason, including insufficient, invalid or incomplete documentation.
- Assumption of Risks: You agree and understand that your participation in the Retreat may involve risks. These risks may lead to tangible or intangible harm. You agree that the Organizer is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Retreat.
- Retreat Waiver. Before you can participate in the Retreat, you must sign our Retreat Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
- General Indemnity. You hereby fully indemnify Mind & Body Complete and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Indemnified Parties”) and save harmless the Indemnified Parties from any losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Party may sustain, incur or suffer at any time, either during or after the Term, which are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission by you in participating in the Retreat.
- Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Texas. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Texas. Severability. If any provisions or terms of this Agreement are invalid or unenforceable, the other provisions and terms in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by me of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original and all of which, taken together, constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as if we signed the Agreement by hand.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Texas or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
AGREEMENT:
I, herein stated as the Participant, have read the above Retreat Participant Agreement/Media Release and fully understand its content. I am legally able to sign and voluntarily agree to and accept all text stated above via digital authorization by checking the box stated: Retreat Participant Agreement/Media Release