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Terms of Participation Agreement
This is a legal agreement (“Agreement”) between you (“Attendee”) and Rachel DeAlto LLC (“Host”), a limited liability company who has created and hosted retreats, including Unlock Love in Sayulita, Mexico. The Host can be contacted at 3350 NJ-138 #228, Wall Township, NJ 07719, c/o Rachel DeAlto – Koerner & Associates.
1. The Host has created a retreat located in Sayulita, Mexico in May 2018. (hereinafter “Retreat”).
2. The Attendee would like to engage Host’s services and attend the Retreat.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, and intending to be legally bound, Host and the Attendee agree as follows:
1. Non-Refundable Deposit. A $500 deposit is required to secure Attendee’s registration for the Retreat. Under no circumstances is said deposit refundable.
2. Fees. Attendee shall pay the remaining balance in full by April . The final payment of the outstanding balance shall be paid in full by April 15, 2018. Said balance is dependent on the accommodations chosen by Attendee during registration. Payments are due no later than the above listed dates, should attendee fail to pay the balance in full by April 20, 2018, host shall cancel said registration without refund of any and all deposits. Any late payments shall be accompanied by a $150 late fee. The $500 non-refundable deposit is not refundable under any circumstances, regardless of date of cancellation. Cancellations made on or after April 15, 2018, will result in forfeiture of all fees paid. Airfare is the sole responsibility of the Attendee.
3. Payment Options. Checks are to be made payable to Rachel DeAlto LLC and mailed to: 3350 NJ-138 #228, Wall Township, NJ 07719, c/o Rachel DeAlto – Koerner & Associates. Payments may also be made via Paypal, and will incur a 3% surcharge. Venmo is also accepted.
4. Travel Insurance. Please note that airfare and travel insurance is not included in your total price. You must retain your own travel insurance for your trip should you choose.
5. Risk Assumption and Precautions: Attendee assumes all risk when engaging in any and all activities related to the Retreat, including but not limited to travel to and from the Retreat location, workshops, exercises, classes, excursions, and dining. Attendee understands and assumes the risk related to exercise activities at the Retreat, which include yoga/surfing/dancing/hiking/swimming. Attendee further acknowledges that the practice of these exercises involves physical movement and exercise, which may from time to time be strenuous, and such practice carries some risk of injury, the risk of which Attendee assumes.
Attendee understands that he or she must judge his or her own capabilities with respect to participation. By my participating in classes or activities in relation to the Retreat, Attendee agrees to take full responsibility for any injury he or she might suffer. Attendee also acknowledges that it is his or her responsibility to ascertain that there is no medical reason to prevent my participation in any activity related to the Retreat.
6. No refunds. The host is committed to providing exceptional experience for all Attendees; however, Host is under no legal obligation to refund any fees under any circumstance. Host will seek to satisfy every customer in a reasonable way through extended and reasonable consultant interaction, but does not offer refunds.
7. No guarantees. Host is committed to providing exceptional experience for all Attendees, however, Host provides no guarantees as to the outcome of attending the Retreat.
8. Disclaimer. Attendee releases Host, its owners, members, directors, managers, partners, employees, lawyers, contractors, agents, affiliates, subsidiaries, and successors from all claims, actions, causes or action, loss and liability, regardless of the reasons therefore, including claims for personal injury. Attendee agrees to indemnify and hold harmless Host, its owners, members, directors, managers, partners, employees, lawyers, contractors, agents, affiliates, subsidiaries, and successors against loss or threatened loss or expense (including costs and attorney’s fees) by reason of the liability or potential liability of Attendee for or arising out of any claims for damages.
9. Consequential Damages/Indemnification. UNDER NO CIRCUMSTANCES WILL THE HOST OR ITS RELATED PERSONS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF ATTENDEE, ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. ATTENDEE SHALL INDEMNIFY AND HOLD HARMLESS HOST AGAINST ANY CLAIMS MADE AGAINST HOST BY ANY THIRD PARTY IN RELATION TO THE WITHIN AGREEMENT, INCLUDING ALL FEES PERMISSABLE UNDER LAW.
10. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New Jersey.
11. Notices. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.
12. Mandatory Arbitration. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
13. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, Attendee, or other entity without the prior, express, and written consent of the other party.
14. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement
15. Acceptance. Payment of the above referenced deposit is a full acceptance of the within agreement.