In consideration of my participation in and presence at a wellness retreat (the “Retreat”) performed and operated by Tybee Wellness Retreats, LLC, as well as my use of the premises on which such Retreat is conducted, as well as other good and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged, I,
, hereby agree to the following:
INDEMNIFICATION
I agree to indemnify, hold harmless and defend Tybee Wellness Retreats, LLC, and all its members, managers, officers, employees, contractor, agents, volunteers, or other representatives, and the owner(s), operator(s), and tenant(s) of any real property and improvements where the Retreat is being conducted and all their members, managers, shareholders, officers, employees, contractor, agents, volunteers, or other representatives (collectively, the “Indemnified Parties”) from any and all fault, liabilities, damages, costs, expenses, claims, demands, judgments, costs of defense, or lawsuits arising out of related to, or connected with:
(1) my presence at or participation in the Retreat;
(2) my use of any equipment or personal property used as part of the Retreat;
(3) my occupation or use of the land and premises, including any buildings, houses or other improvements, used in connection with any portion of the Retreat (the “Premises”); and
(4) any and all actions or omissions by me. Should any of the Indemnified Parties incur any expense or become obligated to pay any attorney’s fees or court costs in connection with reviewing, analyzing, compromising or defending any claims or demands arising out of the subject matter with respect to which indemnification is provided by this Agreement, or for purposes of enforcing this Agreement, I agree to reimburse such Indemnified Party for such expenses, attorney’s fees, or costs within a reasonable time, in no event to exceed ten days after receiving written notice from the Indemnified Party of such expenses, attorney’s fees, or costs.
WAIVER AND ASSUMPTION OF RISK
I understand and am aware that my participation in the Retreat involves risks. These risks may lead to tangible or intangible harm, including but, not limited to, injury, permanent harm, or death. I agree that such harm may result not only from my own actions but also from the actions of others. I understand and expressly acknowledge that an inherent risk of exposure to COVID-19 exists in any place where people are present. I am also aware that there are risks that I may not have considered.
I waive for myself and for my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin any and all rights and claims for damages, injuries, losses, demands, and any other actions or claims, except for acts of gross negligence or willful or wanton conduct, that I may have against any of the Indemnified Parties arising out of, related to, or connected with
(1) the Retreat;
(2) my use of any equipment or personal property used as part of the Retreat;
(3) the Premises, including, but not limited to, any latent defects in the Premises; and
(4) my personal property (whether or not entrusted to any Indemnified Party). The Indemnified Parties shall not be liable for, and I on behalf of myself, my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin, release the Indemnified Parties from any and all such claims and liabilities, except for acts of gross negligence or willful or wanton conduct.
MISCELLANEOUS
I am over 18 years of age and am emotionally, medically and physically able to enter into this Agreement and to participate in the Retreat. This Agreement binds me and my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin.
I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any provision of this Agreement is deemed invalid or otherwise unenforceable, the enforceability of the remaining provisions will not be impaired thereby.
I expressly give the Indemnified Parties permission to use photographs and/or video of me taken in and during the Retreat for the purposes of advertising and/or promoting Tybee Wellness Retreats, LLC.
I agree that this Agreement shall be construed, interpreted, and governed by the laws of the State of Georgia, without regard to conflicts of law principles. I agree that any lawsuit arising out of this Agreement or out of my participation in the Retreat or activities of any of the Indemnified Parties, shall be brought in Chatham County, Georgia.
Tybee Wellness Retreats, LLC Terms & Conditions
This document outlines the terms and conditions (“Terms and Conditions”) of Tybee Wellness Retreat, LLC (“TWR”) wellness retreats. By booking a wellness retreat with TWR, you are agreeing to these Terms and Conditions so please read the document carefully before completing your booking.
1 – Retreat payments ― To reserve a place at a TWR wellness retreat, you must agree to these Terms and Conditions and provide us with a deposit of 50% of the total retreat price. All payments must be made with USD. TWR accepts MasterCard, Visa, and American Express for all retreat payments. We also accept personal checks and money orders in US dollars drawn on a US bank. Your final retreat payment is due at least 10 days prior to the start of the retreat, in one payment. Missing the final payment deadline may result in your being removed from the retreat. If you book a retreat less than 10 days before it starts, the entire retreat price must be paid immediately upon booking.
2 – Expenses not included in retreat price ― All travel arrangements are your responsibility and at your own cost. TWR shall not be held responsible for any consequences arising from delays or cancellations in any of the companies you made arrangements with, or for any irregularities in your documentation required for travel. Transfers to/from the retreat are at your own cost unless otherwise specified.
3 – Price guarantee ― TWR retreat prices are subject to change without notice. However, your price for the retreat you've selected will be locked and guaranteed the moment we receive your deposit.
4 - Itineraries are subject to change ― While TWR will do its best to follow the planned itinerary, it is possible that unexpected events could necessitate a change in the itinerary. If this happens, TWR will endeavor to provide all services described in the itinerary thought they may occur in a different sequence than anticipate. Uncompleted portions of the retreat itinerary are not cause for refund.
5 - Returned payments ― If a payment to TWR is returned unpaid for any reason, we will assess a $35 returned-item fee per occurrence. The fee(s) will be added to the applicable retreat balance, and must be paid in full prior to the start of the retreat.
6 - Transferring to another retreat ― Up to 30 days prior to your retreat, you can transfer to any other retreat in the same calendar year with space available, applying your existing deposit and with no transfer fee. If you transfer to a different retreat, the price of that retreat will be applied, effective on the date we confirm your transfer. Except as provided in paragraph 7 below, transfers less than 30 days before your retreat generally are not possible.
7 - Cancellations, refunds, and credits ― Your retreat deposit and any additional amounts paid toward your retreat are 100% refundable for up to 31 days before the start of your retreat. Deposits become non-refundable 30 days before the retreat starts. If you make a deposit 30 days or less before the start of your retreat, your deposit will be non-refundable. If you cancel your retreat 30 days or less before the start of your retreat, your deposit will not be refunded under any circumstance, but your deposit and any additional payments that you have made, at the discretion of TWR, may be credited to another retreat in the event of a documented illness or a documented medical or family emergency. In the event TWR permits you to credit your deposit and any additional payments you have made to another retreat, you must pay an additional $500 rebooking fee. TWR will waive the rebooking fee if another guest books your space in the original retreat you cancelled.
8 - Retreat forms, obligations, and risks ― All retreat guests are required to review and accept a TWR Liability Waiver Agreement prior to the beginning of a retreat. Altering the Liability Waiver Agreement could result in expulsion from a retreat at your own expense.
9 - Participation ― Although we want everyone to enjoy their retreat, it possible that someone participating in a retreat could misbehave or do things that are incompatible with the safety, comfort, or convenience of other guests on the retreat. In those circumstances. TWR has the exclusive right and discretion to expel someone (even you) from a retreat at any time.
10 - Medical emergencies – TWR does not provide medical emergency personnel at its retreats. You warrant that you are emotionally, medically and physically able to participate in the retreat. If you have any health conditions that could pose a risk to you or anyone else, you must notify TWR prior to the start of the retreat. If you have an emergency that TWR deems necessitates medical treatment, you authorize TWR to contact emergency medical providers for you.
