Soulsong Revival India: Union of Shakti and Shiva, a transformational retreat for sisters
This Retreat Agreement (the “Agreement”), dated below (hereinafter knows as the “Effective Date”), is made by and between Scentsible Lifestyle Association (hereafter known as “Association”, “us” or “we”), and you (see name below) (hereinafter known as “Client” or “you”, and collectively, the “Parties”).
Scentsible Lifestyle Association and its members, LeeYen Anderson, Lalita Lee and Lindsey Wise agrees to provide a retreat (herein referred to as the “Retreat”) marketed as Soul Song Revival India: Union of Shakti and Siva, a transformational retreat for sisters . Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Retreat.
Client understands we are not employees, agents, lawyers, doctors, registered dieticians, psychotherapists, nutritionists, psychologists, or other licensed or registered medical professionals. Association will not act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy. Client understands Association will not prescribe or assess, micro-and macronutrient levels; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition, or other physical or mental ailments of the human body. Client understands if they should experience any such issues they should see their registered physician or other practitioners as determined by their own judgment.
If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. Client understands that the information in this Retreat is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
3. TRAVEL INSURANCE
Scentsible Lifestyle Association as represented by LeeYen Anderson, The Conscious Travelers as represented by Lalita Lee, ShamamaWise as represented an Lindsey Wise and any and all other associated organizers, facilitators, venue owners, and management are not responsible for any personal injury or illness.
It is Client’s sole responsibility to purchase travel insurance – this is HIGHLY recommended in case of any emergency that may impact the ability of the retreat to continue as planned or for Client’s personal reasons for cancellation. See Insurance Recommendations below. We recommend adding CFAR (Cancel for Any Reason) as an add-on benefit to your insurance.
4. CANCELLATION DUE TO LOW BOOKING NUMBERS. Association reserves the right to cancel Retreat prior to the event if there are not enough participants signed up. In this case, you will be given a full refund minus an administrative fee of USD $100. Association is not responsible for reimbursing travel or flights, so again, it is advised that you obtain travel insurance for the Retreat.
5. PHYSICAL AND MENTAL HEALTH REQUIREMENTS.
By signing up for the Retreat, you attest that you are in good physical and mental health to travel and participate in the Retreat. You are advised to consult with a physician to ensure you are in adequate health. Association also strongly recommends and advises you secure travel insurance.
6. RELEASE OF LIABILITY / ASSUMPTION OF RISK.
You agree to the following:
A. Certain activities including, but not limited to Yoga, hiking, and swimming have risks of injury, including serious injury. You understand the nature of the activity and acknowledge that you are qualified, in good health, and in proper physical condition to participate in such activity. You further agree and warrant that if at any time, you believe the conditions to be unsafe, you will immediately discontinue further participation in the activity.
B. You will notify the Association if you suffer from any medical or health condition that may cause injury to yourself or others or may require emergency care during your participation.
C. YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS and dangers, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined below) or others and assume full responsibility for your participation. You acknowledge that these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Retreat, the conditions in which the Retreat takes place, or the negligence of Association. YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES you incur as a result of your participation in the Retreat.
D. YOU HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Association, its sponsors, employees, staff, volunteers, other participants, owners, and lessees of the premises on which the Activity is conducted (hereinafter collectively knows as “Releasees”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON YOUR ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; and you further agree that if, despite this Agreement, you, or anyone on your behalf makes a claim against any of the Releasees, you WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim
7. MEDIA RELEASE.
Association reserves the right to use photos or videos from the Retreat for promotional purposes. By signing up for the Retreat, you agree to allow your image to be used for this purpose. If you do not want your image or voice to be used, please notify the Association in writing before the Retreat begins.
Client agrees to indemnify and hold harmless Association, its members, affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Association, in writing.
9. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Kailua, Hawaii The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
10. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of Hawaii USA regardless of the conflict of laws principles thereof.
11. ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of Association to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
14. FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike, or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
In the case of any change, modification, cancellation, postponement, or delay due to any unforeseeable events, you acknowledge that you will have no right of refund as Association will do its best to transfer the funds to a new date.
15. CLIENT RESPONSIBILITY; NO GUARANTEES.
Client accepts and agrees that Client is 100% responsible for its progress and results from the Retreat. Association will help and guide Client; however, participation is the one vital element to the Retreat’s success that relies solely on Client. Association makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the Retreat and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Retreat and Associations’ comments about the outcome are expressions of opinion only. Association makes no guarantee other than that the services offered in this Retreat shall be provided to Client in accordance with the terms of this Agreement.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Retreat Agreement as of the date first indicated below.
Scentsible Lifestyle Association and its members, LeeYen Anderson, Lalita Lee, Lindsey Wise