This Retreat Agreement, hereinafter (the Agreement) is made between the retreat organizer (Organizer), particularly as follows:
Thrivow, a limited liability company, having its principal place of business at the following address: 24
Nottingham Rd. Canterbury, NH 03224.
and you, as a user of this website and guest of the retreat (“Guest”).
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” 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 ASSENT, 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."
Article 1 - RETREAT TERMS. The details of the Retreat are as follows:
Name of Retreat: Latinas Flourishing in the Beauty and Wellness Industry, (the "Retreat")
Type of Retreat: Creative planning and strategy for beauty and wellness brands
Accommodation Type: Shared
Departure Date: July 25, 2022
Return Date: July 28, 2022
Last Booking Date: July 15, 2022
Location: Plainfield, New Jersey
Total Fees: $3500 (Three thousand and five hundred USD) (''Total Fees")
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.
Article 2 – CONFIRMATION. In order to purchase the Retreat package, the following steps must be taken: Guests will complete the entirety of the Retreat package purchase on the Website, as listed above. At the conclusion of these steps, you will receive a confirmation email which will outline the details of your completed registration. If you do riot receive a confirmation email within five (5) days of completing your registration, please contact Organizer. Organizer may request the provision of additional information, such as identification and travel information and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the Retreat, including the itinerary Please be advised the itinerary is subject to change and may be modified by Organizer at any time You hereby acknowledge and agree that Organizer has a right to do so for any reason, including, but not limited to weather, third-party vendors or providers, and any local circumstances which Organizer deems unfit for travel.
Article 3 – PAYMENT. At the time of booking the Retreat, you must pay the full amount of total fee specified in Article 1.
If you cancel your spot in the Retreat, you will not be entitled to any refund of the fee or any additional fees paid.
If the Retreat is booked by you after the Last booking date listed above, the Total Fees for the Retreat are due at the time of booking.
Article 4 - ADDITIONAL ITEMS. You are solely and exclusively 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. Organizer is not liable or responsible for any Guest being denied entry or exit to or from any location or country
Article 5 - TRAVEL INSURANCE. All guests are required to purchase and maintain travel insurance during the entire length of the Retreat (including through the return date). Guests are individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should 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.
Article 6 – CANCELATIONS. As noted above, Organizer reserves the right to cancel if Total Fees are not received prior to the departure date of the Retreat- If such a cancelation is undertaken, you are not entitled to receive your total fee back or any other fees paid to that date. Organizer may also cancel the Retreat for any reason, unrelated to an individual Guest, in the Organizer's sole and exclusive discretion. If Organizer cancels for any commercial reason, all Guests are entitled to receive back any and all monies paid to the Organizer. However, Organizer shall not be responsible for any additional fees paid by Guest to any third parties, such as travel companies, airfare, etc. If Guests wish to cancel, written notice of such cancellation must be sent to Organizer via email. As noted above, in the event of Guest cancellation, no fees will be returned.
Article 7 - HEALTH ELIGIBILITY. Your participation in the Retreat indicates your acknowledgment and agreement with, as well as your warranty of, the following statements:
(a) 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.
(b) 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.
(c) I agree that if I do experience medical issues, I will contact my doctor immediately.
(d) 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.
(e) 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.
(f) I agree to keep the Organizer apprised of any changes or upcoming changes concerning my physical health and personal information.
(g) 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.
(h) 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) 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.
Article 8 - REGISTRATION TO USE WEBSITE. Guest may be asked to register to use Organizer's Website. Guest will choose
a unique identifier and password. Guest is responsible for ensuring the continued accuracy, security, and confidentiality of this information. Guest may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality. Providing false or inaccurate information, or using the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Article 9 – USE. Guest must be 18+ in order to use this website and participate in the retreat. 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
Article 10 - RELEASE OF LIABILITY. Guest hereby releases Organizer, as well as any of Organizer's affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Guest's dispute with any other Guest.
Article 11 – TERMINATION. This Retreat Agreement shall continue until canceled as specified above by either Party or until the Guest attends and completes the Retreat. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 12 - 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.
Article 13 – RESTRICTIONS. Guest is prohibited from selling or reselling Guest's space in the Retreat, unless Guest has specifically executed a written agreement with Organizer that expressly allows for such activity.
Article 14 – INDEMNIFICATION. 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. Guest agrees that Organizer shall be able to select its own legal counsel and may participate in its own defense, if so desired.
Article 15 - DISPUTE RESOLUTION. In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of New Jersey. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organizer will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims
Article 16 - GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the internal laws of New Jersey without giving effect to any choice or conflict of law provision or rule.
Article 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.
