Retreat Participant Agreement Assumption of Risk Waiver and Media Release

IMPORTANT LEGAL NOTICE: This Agreement affects my legal rights. I understand that it includes a release of liability, an assumption of risk, an agreement to arbitrate certain disputes, and a waiver of certain rights. I will read it carefully before signing electronically.

This Retreat Participant Agreement, Assumption of Risk, Waiver and Media Release (the Agreement) is entered into between Mind & Body Complete Wellness LLC, a Texas limited liability company (MBC), and me, the person registering for and participating in the retreat, event, excursion, program, or related activity identified in my registration (collectively, the Retreat).

In exchange for being permitted to register for and participate in the Retreat, I agree as follows.

1. Agreement and Retreat Specific Terms

I understand that this Agreement applies to MBC retreats and related activities in Texas, elsewhere in the United States, and internationally.

I agree to the Retreat-specific information presented to me at the time of registration, including the price, deposit, payment schedule, dates, destination, accommodations, inclusions, exclusions, age restrictions, and any additional written terms shown in the applicable registration page or booking confirmation (the Retreat Terms). The Retreat Terms are incorporated into this Agreement. If a Retreat Term conflicts with this Agreement, the more specific Retreat Term will control for that Retreat, except that no Retreat Term will reduce the releases, waivers, or assumption of risk stated in this Agreement unless MBC expressly agrees to that change in writing.

I represent that I am at least twenty-one (21) years old and legally capable of entering into this Agreement.

2. Payment Obligations

I agree to pay the full price of the Retreat according to the payment schedule accepted at registration. I authorize MBC and its payment processor to charge the payment method I provide for scheduled payments to the extent permitted by the payment authorization I complete.

If a scheduled payment fails, I must correct the failed payment within seven (7) calendar days after notice or before the Retreat begins, whichever occurs first. If I do not correct it on time, MBC may cancel my registration and retain all amounts previously paid, subject to applicable law. I remain responsible for any outstanding amount that was due before cancellation unless MBC confirms otherwise in writing.

3. Participant Cancellation and No Refund Policy

I understand and agree that all payments are final and nonrefundable for any and all reasons, except where applicable law expressly requires otherwise. This policy applies if I cancel or cannot attend because of illness, injury, pregnancy, family emergency, death, work obligations, travel disruption, passport or visa issues, weather, fear of travel, communicable illness, or any other expected or unexpected circumstance.

I understand that MBC commits funds and makes nonrecoverable arrangements based on registrations. I will not initiate a chargeback or payment dispute for a charge that is consistent with this Agreement and the Retreat Terms. This does not limit any right that cannot legally be waived.

Transfer to Another Participant

I may request to transfer my entire registration to a new participant for the same Retreat if:

  1. MBC receives my written request at least three (3) calendar days before the Retreat begins;

  2. the replacement is not already registered for that Retreat;

  3. the replacement meets all eligibility and age requirements;

  4. the replacement completes all required registration information, health and emergency information, agreements, waivers, and payments before the deadline established by MBC; and

  5. I pay a USD $25 administrative fee.

No transfer is effective until MBC approves it in writing. A registration may not be transferred to a different retreat or date unless MBC expressly agrees in writing.

4. Travel Insurance

I understand that travel insurance is required for every Retreat. MBC does not require me to submit proof of coverage, but my failure to purchase or maintain adequate coverage is entirely my responsibility.

I understand that policies differ significantly. I am responsible for confirming that my policy covers the full nonrefundable Retreat cost and, as appropriate, trip cancellation, trip interruption, travel delay, missed connections, medical treatment, emergency evacuation, repatriation, baggage loss, and the activities I plan to undertake. MBC strongly recommends that I consider Cancel for Any Reason coverage and purchase insurance promptly enough to satisfy the insurer’s eligibility deadlines.

MBC is not an insurer, insurance broker, or insurance adviser and does not guarantee that any policy will cover a claim. MBC may provide a link to a third-party insurance marketplace, including TravelInsurance.com. I understand that MBC may receive compensation if I purchase through an affiliate link, but I am free to choose any provider and policy.

5. Changes Cancellation and Events Outside MBC Control

Reasonable Retreat Changes

I understand that itineraries are subject to change. MBC may make reasonable substitutions or changes to schedules, instructors, facilitators, activities, meals, transportation, vendors, venues, and accommodations when reasonably necessary. A reasonable change that does not cancel the Retreat as a whole does not entitle me to a refund.

Voluntary Cancellation by MBC

If MBC voluntarily cancels the entire Retreat for reasons within MBC’s reasonable control and does not offer a substantially comparable rescheduled Retreat, MBC will refund the Retreat fees I paid directly to MBC. This will be my sole contractual remedy. MBC is not responsible for airfare, insurance premiums, passport or visa costs, independent lodging, transportation, or other amounts paid to third parties, except where applicable law requires otherwise.

Force Majeure

I understand that circumstances outside MBC’s reasonable control may prevent, delay, interrupt, relocate, or materially affect a Retreat. These circumstances may include severe weather, natural disaster, wildfire, flood, epidemic, pandemic, public-health event, war, terrorism, civil unrest, government order, border closure, travel restriction, transportation shutdown, labor disruption, utility failure, venue unavailability, supplier failure, or another event that MBC could not reasonably prevent (a Force Majeure Event).

If a Force Majeure Event occurs, MBC may, when reasonably possible, reschedule or relocate the Retreat, provide substitute accommodations, services, vendors, or activities, or issue a credit toward a future MBC retreat. Except where applicable law requires a refund or another remedy, I will not be entitled to a cash refund because of a Force Majeure Event. Nothing in this Agreement waives any mandatory consumer right that legally applies to my booking, including any nonwaivable right that may apply under UK or European package-travel law.

6. Travel Documents and Independent Travel Arrangements

I am responsible for arranging and paying for my transportation to and from the Retreat unless the Retreat Terms expressly state otherwise. I am responsible for passports, visas, entry and exit requirements, immunizations, health documentation, transit requirements, and any other documents required for my itinerary.

MBC is not responsible if I am delayed, denied boarding, denied entry or exit, or otherwise unable to attend because of incomplete, expired, invalid, or insufficient documentation or an independently arranged travel problem.

7. Independent Providers

I understand that MBC may arrange services provided by independent hotels, venues, property owners, chefs, guides, instructors, transportation companies, tour operators, activity providers, and other third parties. These providers are not MBC’s employees merely because MBC selected, recommended, scheduled, or paid them.

To the fullest extent permitted by law, MBC is not responsible for the independent acts or omissions of a third-party provider. I agree to follow reasonable provider rules and sign any provider-specific waiver required for an activity. If a mandatory law makes MBC responsible for a provider’s performance, this section does not eliminate that responsibility.

8. Health Fitness and Personal Responsibility

I represent that I am physically, mentally, and emotionally capable of participating safely in the activities I choose. I understand that MBC is not providing medical care, psychotherapy, mental-health treatment, diagnosis, or individualized medical advice.

I am responsible for consulting a qualified healthcare professional before participating if I have any health condition, injury, pregnancy, medication concern, or other reason to question whether an activity is appropriate for me. I will notify the applicable instructor or staff member of relevant limitations before an activity begins. I understand that disclosure does not obligate MBC or an instructor to determine whether I can participate safely.

I may decline or stop an activity at any time. I accept responsibility for monitoring my own condition, using good judgment, following safety instructions, and not exceeding my abilities.

9. Emergency Care

If MBC reasonably believes that I need urgent assistance and I am unable to make or communicate a decision, I authorize MBC and its representatives to contact my emergency contact and arrange emergency evaluation, transportation, or medical care. I understand that MBC is not required to provide medical treatment and does not guarantee that medical services will be available.

I am financially responsible for all medical care, medication, ambulance, evacuation, repatriation, transportation, and related costs incurred on my behalf.

10. Accessibility

I understand that Retreat locations and activities may include historic or rural properties, stairs, uneven terrain, unpaved paths, water, animals, shared transportation, older buildings, and facilities with limited accessibility. Accessibility varies by destination and may not be equivalent to accessibility standards in my home jurisdiction.

I am responsible for reviewing available information and contacting MBC before booking if I need to determine whether a destination, accommodation, or activity can meet a particular access need. MBC will consider reasonable requests as required by applicable law but cannot guarantee that every venue, excursion, or activity can be modified.

11. Activities and Acknowledgment of Risks

I understand that Retreat activities vary and may include, when offered:

  • ground yoga, aerial yoga, stand-up paddleboard yoga, horse yoga, stretching, fitness, meditation, breathwork, sound experiences, and workshops;

  • horses, horseback riding, livestock, domestic animals, wildlife, and other animal interactions;

  • hiking, walking, trails, uneven or slippery terrain, stairs, roads, and outdoor activities;

  • swimming, pools, dipping pools, hot tubs, saunas, cold plunges, paddleboarding, boating, beaches, lakes, oceans, and other water activities;

  • ceramics, candle making, welding, skeet shooting, crafts, equipment, heat, flame, tools, and machinery;

  • alcohol tastings and alcohol consumption;

  • excursions, tours, restaurants, public spaces, and transportation in private or commercial vehicles; and

  • free time and independently chosen activities before, during, or after scheduled programming.

I understand that these activities and travel involve inherent and other risks, both known and unknown, including falls, collisions, drowning, burns, cuts, equipment failure, animal behavior, bites, kicks, allergic reactions, foodborne illness, altitude, heat, cold, weather, crime, traffic accidents, transportation incidents, communicable illness, negligent acts of other participants or third parties, emotional distress, property loss, serious bodily injury, permanent disability, paralysis, and death.

I understand that animals can behave unpredictably and that water, heat, cold, tools, firearms, vehicles, and unfamiliar environments present significant risks. I understand that safety equipment, instruction, and reasonable precautions cannot eliminate every risk.

12. Assumption of Risk

I knowingly and voluntarily assume all inherent and other risks, known and unknown, associated with my travel to and from the Retreat and my presence at and participation in the Retreat, including the risks described in this Agreement. I accept full responsibility for any injury, illness, death, loss, expense, or property damage I may experience, except to the extent applicable law does not permit the risk or liability to be assumed or waived.

13. Release and Waiver of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, I RELEASE, WAIVE, AND COVENANT NOT TO SUE MIND & BODY COMPLETE WELLNESS LLC AND ITS CURRENT AND FORMER OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, INSTRUCTORS, FACILITATORS, VOLUNTEERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE RELEASED PARTIES) FOR ANY CLAIM, DEMAND, LIABILITY, DAMAGE, LOSS, COST, OR CAUSE OF ACTION ARISING FROM OR RELATING TO MY TRAVEL TO OR FROM, PRESENCE AT, OR PARTICIPATION IN THE RETREAT, INCLUDING A CLAIM ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

This release includes claims for bodily injury, illness, death, emotional distress, economic loss, loss of services, and damage to or loss of personal property. It applies to me and to anyone who may assert a claim through me, including my heirs, estate, personal representatives, beneficiaries, and assigns.

This release does not apply to gross negligence, reckless or intentional misconduct, fraud, or any liability that applicable law does not permit to be released.

14. Indemnification

To the fullest extent permitted by law, I will indemnify and hold the Released Parties harmless from third-party claims, damages, liabilities, judgments, and reasonable legal costs arising from my unlawful conduct, my violation of this Agreement, my intentional or negligent acts or omissions, or injury or damage I cause to another person or property. This obligation does not require me to indemnify a Released Party for that party’s gross negligence, reckless or intentional misconduct, or other liability that cannot lawfully be shifted to me.

15. Communicable Illness

I understand that travel and group activities may expose me to COVID-19, influenza, gastrointestinal illness, and other communicable diseases. I voluntarily assume the risk of exposure, infection, complications, and transmission.

I agree not to attend or participate when I know I have a communicable illness that could reasonably endanger others. I will follow reasonable health and safety requirements communicated by MBC, a venue, a provider, or a governmental authority. MBC may restrict my participation or require me to leave if I present symptoms or a material health risk. The cancellation and no-refund policy will still apply, and I am responsible for lodging, transportation, medical, and other resulting costs.

16. Alcohol and Impairment

I am never required to consume alcohol and may decline it without affecting my participation. If I choose to consume alcohol, I will comply with the legal drinking age and laws of the location, drink responsibly, and accept all associated risks.

I will not drive, operate equipment, handle firearms, interact with animals, participate in water activities, or undertake another activity when impaired. MBC or a provider may deny my participation in an activity or remove me from the Retreat if my intoxication or impairment creates a safety concern. I will not receive a refund and will be responsible for all resulting costs.

17. Conduct Confidentiality and Removal

I will treat participants, MBC personnel, venue personnel, providers, local residents, property, animals, and the destination with respect. I will not engage in harassment, discrimination, threats, violence, illegal activity, unwanted sexual conduct, bullying, defamation, dangerous conduct, excessive intoxication, repeated disruption, boundary violations, or conduct that reasonably threatens safety or substantially interferes with the Retreat.

I will follow reasonable instructions and rules issued by MBC, a venue, or an activity provider. MBC may immediately restrict or end my participation if MBC reasonably determines that my conduct violates this Agreement or creates a safety, legal, operational, or material group concern. If I am removed, I will not receive a refund and I will be solely responsible for alternate lodging, transportation, meals, and all other resulting costs.

I will respect the privacy of other participants and will not disclose another participant’s personal story, sensitive information, image, or private statement outside the Retreat without permission. This confidentiality commitment does not prevent me from reporting suspected abuse, threats, unlawful conduct, or safety concerns; cooperating with authorities; or seeking medical, mental-health, legal, or other professional assistance.

18. Pets Service Animals and Other Animals

I will not bring a pet or emotional-support animal unless MBC expressly approves it in writing and the venue permits it. I understand that destination rules vary.

If I use a trained service animal, I will contact MBC before booking or as soon as reasonably possible so MBC can evaluate destination requirements, transportation, lodging, animal-related activities, and legitimate safety concerns. I understand that Retreat Ranch is an agricultural property with free-ranging horses, livestock guardian dogs, and other animals. Any restriction involving a service animal will be evaluated under the law applicable to the specific venue and circumstances, including whether the animal’s presence would create a direct safety threat or fundamentally alter an activity. Nothing in this section limits rights that applicable disability law does not permit me to waive.

19. Shared Accommodations

If I specifically select my own roommate and that person cancels, transfers, fails to pay, or otherwise does not attend, I will be responsible for the applicable private-room supplement unless I accept another available roommate approved by MBC and only if one is available. If MBC assigns my roommate, I will not owe a private-room supplement solely because the assigned roommate cancels or does not attend.

20. Personal Property

I am responsible for my passport, money, electronics, jewelry, baggage, and other property. To the fullest extent permitted by law, MBC is not responsible for property that is lost, stolen, delayed, left behind, or damaged during travel or the Retreat.

21. No Guarantee of Results

I understand that individual experiences and results vary. MBC does not promise or guarantee any physical, emotional, spiritual, relational, business, financial, or other result from the Retreat.

22. Intellectual Property

I understand that materials MBC provides, including written materials, exercises, videos, recordings, workbooks, PDFs, presentations, trademarks, and program content, are owned by MBC or its licensors and are provided for my personal use only. I will not reproduce, sell, publish, distribute, teach, commercially exploit, or create derivative works from those materials without prior written permission, except as permitted by applicable law.

I retain ownership of photographs, videos, and other content I independently create. If I voluntarily send, upload, tag, or otherwise provide content to MBC for possible promotion, I grant MBC a non-exclusive, worldwide, royalty-free license to reproduce, edit, publish, display, and share that submitted content for MBC’s business and promotional purposes. I represent that I have the right to grant that license.

23. Photography Video and Media Release

I understand that MBC may photograph, film, or record Retreat activities. To the fullest extent permitted by law, I grant MBC and its affiliates, successors, licensees, and assigns the worldwide, perpetual, royalty-free right to record, reproduce, edit, publish, display, distribute, advertise, and otherwise use my name, image, likeness, voice, statements, testimonial, and appearance captured during the Retreat in any media now known or later developed for MBC’s lawful business, educational, publicity, and promotional purposes.

I understand that MBC may edit, combine, crop, or adapt the material, provided it is not used in a knowingly false or defamatory manner. I waive any right to inspect or approve the finished use and any right to compensation, royalties, or accounting. I release MBC and the Released Parties from claims arising from an authorized use, including claims involving privacy, publicity, personality, or moral rights, to the extent those rights may lawfully be released.

Where applicable privacy or consumer law requires my media consent to be voluntary, separately stated, or withdrawable, this paragraph applies instead: my consent to identifiable promotional use is voluntary and is not a condition of attendance; I may withdraw consent for future uses by sending written notice to MBC; withdrawal will not affect uses already lawfully made or materials already produced or distributed before MBC processes my request; and incidental inclusion in crowd or background imagery may continue where permitted by law.

24. Privacy

I understand that MBC may collect and use information reasonably necessary to administer my booking and Retreat, including my contact information, payment and transaction information, dietary restrictions, allergy information, and emergency-contact information. MBC may share necessary information with its team, payment processors, registration system, venues, chefs, activity providers, professional advisers, insurers, emergency responders, governmental authorities, and other parties when reasonably necessary to administer the Retreat, provide requested services, respond to an emergency, comply with law, or protect legal rights.

MBC will retain personal information only for as long as reasonably necessary for the purposes for which it was collected, applicable legal and accounting requirements, dispute resolution, and legitimate business records. Additional information is available in MBC’s Privacy Policy: https://mindbodycomplete.com/privacy-policy/

25. Dispute Resolution Individual Arbitration and Class Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED.

Before starting a formal proceeding, I agree to send MBC a written description of the dispute and requested resolution and allow thirty (30) days for a good-faith informal resolution attempt.

Except for an eligible individual claim in small-claims court or a request for temporary injunctive relief to protect safety, confidential information, or intellectual property, any dispute arising from or relating to this Agreement, my registration, payment, or the Retreat will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules. The arbitration will take place in Burnet County, Texas, or remotely if the arbitrator permits or applicable law requires. The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision.

I AND MBC WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION, TO THE FULLEST EXTENT PERMITTED BY LAW.

Each party will pay its own attorneys’ fees unless applicable law, the arbitration rules, or the arbitrator authorizes an award of fees. Arbitration fees will be allocated under the applicable arbitration rules and mandatory law. If the class-action waiver or another part of this section is found unenforceable for a particular claim, that claim will proceed in a court of competent jurisdiction unless the parties agree otherwise.

Nothing in this section eliminates a nonwaivable consumer right or legally required forum available to me under applicable law.

26. Governing Law

Texas law governs this Agreement without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the arbitration provision and mandatory consumer, privacy, disability, or travel law may apply when it cannot lawfully be waived. Any court proceeding permitted under this Agreement will be brought in a court of competent jurisdiction in Burnet County, Texas, unless applicable law requires another forum.

27. General Terms

Entire Agreement

This Agreement, the applicable Retreat Terms, and any documents expressly incorporated into them form the entire agreement concerning my participation and replace prior oral or written representations on the same subject.

Written Changes

Any amendment or waiver must be in writing and authorized by MBC. A delay or failure to enforce a provision is not a waiver of that provision or any later breach.

Severability

If any provision is found invalid or unenforceable, it will be enforced to the greatest extent legally permitted, and the remaining provisions will continue in effect.

Assignment

I may not assign this Agreement except through an approved participant transfer under Section 3. MBC may assign this Agreement as part of a merger, reorganization, sale, or transfer of substantially all relevant business assets, subject to applicable law.

Survival

The provisions concerning payment obligations, refunds, assumption of risk, release, indemnification, intellectual property, media rights, privacy, dispute resolution, and any other provision that by its nature should continue will survive completion, cancellation, or termination of the Retreat.

28. Electronic Signature and Final Acknowledgment

I consent to using electronic records and signatures for this transaction. I understand that I may download or print this Agreement before signing and will receive or have access to an electronic copy after acceptance.

By typing my name, checking the acceptance box, and submitting my registration electronically, I intend to provide my electronic signature. I agree that my electronic signature and acceptance have the same legal effect as a handwritten signature.

I acknowledge and agree that:

  • I have carefully read this entire Agreement and the Retreat Terms;

  • I understand their contents and have had the opportunity to ask questions before signing;

  • I understand that I am giving up substantial legal rights, including certain rights to sue;

  • I understand and voluntarily accept the cancellation and no-refund policy;

  • I knowingly and voluntarily assume the risks described in this Agreement;

  • I am signing freely and without coercion;

  • I am at least twenty-one (21) years old and legally competent to enter into this Agreement; and

  • I agree to be legally bound by this Agreement.