Terms and Agreements Contract for all Retreat Guests

Effective date: July 8th 2022

 

Angelika Purves, Awakened Womxn LLC OPERATING AS ‘Angelika Alana’ and ‘Somatic Healing Institute’ (herein referred to as ‘Company’) TERMS OF PURCHASE.

Please take the time to understand the traveler’s terms and conditions detailed below prior to booking your Retreat with the Somatic Healing Institute and Angelika Alana. You are required to confirm your agreement to these terms and conditions as part of the booking process.

 

  1. This booking is a contract.

When you book a retreat with ‘Company’, you will be deemed to have agreed to the traveler’s terms and conditions, and the details regarding the trip as listed on our website. If you are booking a trip for multiple people, then all travelers in that booking will be deemed to have read and agreed to the traveler’s terms and conditions.

  1. Payment and Deposit

In order to confirm a booking, you are required to pay your non-refundable full payment prior to the trip start date. We reserve the right to cancel your booking if the final payment is not paid on or before the due date. 

  1. Guest Cancellation Policy

All guest payments are not refundable. Guests must cancel 60 days prior to the event start date in order to transfer to another retreat with us. If a guest cancels less than 60 days prior to the retreat, only $500 of their booking may be applied towards another retreat. If a guest leaves during the retreat, there will be no refund.

  1. Cancellation by Angelika Alana and The Somatic Healing Institute

The ‘Company’ reserves the right to cancel any trip or part of the trip. In this event we will provide retreat credit, which will be valid for two years. If the ‘Company’ cancels a retreat for any reason, including Force Majeure, the ‘Company’, is not responsible for loss of funds in association with travel accommodations made by the guest.

  1. Passports, Visas, and Flights

You are responsible for obtaining all required travel documents for countries you will visit during the retreat. For many countries, passports must be valid for at least 6 months beyond the duration of the trip. Visa information will vary location to location, and details will be included in your trip’s logistics. You are responsible for booking flights to the retreat. We can help find options, but cannot book or cover costs for flights. We are not responsible if you are refused entry into the country because of incorrect travel documents and this event will not result in a refund.

  1. Travel Insurance

The ‘Company’, requires all clients to purchase “cancel for any reason” trip insurance. The ‘Company’ does not offer this insurance, but you can purchase it through an outside company. Each client is 100% responsible for any loss, penalties, fees, or other financial consequences arising out of booking a trip or the cancellation of a trip. 

  1. Requests for a Roommate

If you are traveling alone, and would like to book a shared room, we will do our best to room you with another guest. If we are unable to fill the room, you may need to upgrade to a private room. If this is the case, we will give you as much notice as possible.

  1. Extra Activities & Retreat Schedule

The website page for your retreat will list what is included and what is excluded in the price of your retreat. Optional activities are not included in the price and are not included in this agreement. Any assistance provided by a third party does not render the ‘Company’ liable for them.

The schedule, activities and teachers are subject to change.

  1. Discretion to Deny Bookings

The ‘Company’ reserves the right to reject any client booking at any time prior to the start date. In this case, we will provide a full refund or retreat credit at the ‘Company’s’ discretion.

  1. Photography/Videography

Any photography/videography from the retreat will be granted as use for our marketing and promotional purposes on a royalty-free basis. If you would like to be excluded from photography/videography during the event, please let us know ahead of time and we will do our best to accommodate you.

  1. Health, Immunizations, and Travel Warnings

Each guest assumes full responsibility for researching the safety and security of countries that will be visited. Clients may visit their physician to know what vaccines are recommended. By booking a trip with the ‘Company’ you confirm that you are in good health and capable of performing the activities on the trip you booked. You are also confirming that you are able to care for yourself during the trip and do not have any medical conditions that could cause risk for yourself or others during the trip.

  1. Assumption of Risk

The ‘Company’ is dedicated to your safety on every trip, however you must take responsibility for your own safety. You understand that you must assume the risks and hazards inherent with travel. These risks and hazards may include, without limitation, delays, injury, illness, death or other unanticipated events, and may be caused by force majeure events, the negligence of the ‘Company’, or other persons (including third party operators), the intentional and/or criminal conduct of others, or other circumstances. Certain locations are remote and require additional travel time away from city centers and towns. As such, medical attention may not always be readily available, or may be of different quality compared to what is available at home. Also, you may be visiting places where the political, cultural and geographical environment is very different from where you live, and in some cases, these differences may present increased risks and/or challenges. We use reasonably available information from the U.S. government, applicable foreign governments, and reports from our contacts in planning each trip itinerary, and assessing the viability of each trip itinerary as the start date approaches. However, it is your responsibility to acquaint yourself with all available and relevant travel information for your destination and the nature of your itinerary. You acknowledge and agree that your decision to travel is made after having considered this information, and you expressly assume the personal risks involved with such travel.

Indemnification: The guest recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/her, or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless the ‘Company’ and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training.

  1. Limitation of Liability and Release

You acknowledge and agree that the ‘Company’ and its parent, affiliates, subsidiaries, officers, directors, shareholders, members, and employees, shall not be liable for any direct, indirect, consequential or incidental damage, liability, injury, loss, cost or expense you may incur (including any claim relating to personal injury, illness, death, property damage or loss, delay or other inconvenience) arising out of, or by reason of (i) the acts or omissions of any Third Party Operator or (ii) the negligence of any of the ‘Company’ Parties or (iii) any acts or omissions of any other parties or (iv) force majeure events.

You release the ‘Company’ Parties from any and all claims, liabilities, losses, expenses, damages, demands, actions, causes of action, lawsuits or sums of money of any kind arising out of, by reason of, resulting from and/or related to any trip you may book and/or participate in; and you understand and acknowledge that you are fully responsible for and expressly assume any and all risks, whether known or unknown, in connection therewith.

Disclaimer 

Customer understands ‘Company’ and its subsidiaries, owners, principals, directors, executives, employees, staff, or agents are not lawyers, doctors, managers, therapists, business managers, registered dieticians, financial analysts, psychotherapists or accountants. Customer understands their participation in this Retreat will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment. Customer understands that the Retreat is not a substitute for health care, medical or nutritional advice of any kind. Customer understands and agrees that Customer is fully responsible for their mental wellbeing during the Retreat, including their dietary, mental and physical choices and decisions during the Retreat. Customer understands that Retreat team members are not psychotherapists or practicing psychotherapy with Customer. Customer agrees to seek medical advice as determined by their own judgment before starting this or any other Retreat or discontinuing use of any medications as prescribed by their medical practitioner. You should consult your physician or other health care practitioner before starting this Retreat. Nothing stated herein is intended to be, and must not be taken to be, the practice of medicine or medical advice. Customer understands Customer is fully responsible for any and all adverse reactions, including but not limited to, emotional or physical reactions to the content in the Retreat. Customer understands that all suggestions offered by Company are solely for the purpose of aiding Customer in achieving Customer’s defined goals. Customer has the ability to give their informed consent, and does hereby give such consent to Company to assist in achieving such goals. Additionally, the services are offered on an "As is," "Where is," and "Where available" basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement. Customer acknowledges that neither Company, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the services, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Retreat. Customer understands that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any results of any kind. Customer agrees that its results are dependent on various factors and in no way are dependent on any information Company provides to Customer. Except as specifically provided in this agreement or where the law requires a different standard, Customer agrees that Company is not responsible for any loss, including financial loss, property damage, or bodily injury caused by use of the Program. To the maximum extent permissible under applicable law, Company will not be responsible to Customer or any third party claims through Customer for any direct, indirect, special or consequential, economic or other damages arising in any way out use of the Retreat and the maximum amount that the Company would be liable is the fees paid for the Retreat.

  1. Privacy Policy

Any personal information that we collect about you may be used for any purpose associated with the operation of a trip, or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the trip.

  1. Food Allergies and Allergies Notification, Acknowledgement, and Release of Liability

An environment free of allergens, including but not limited to food allergens, cannot be guaranteed on the ‘Company’s’ retreat. We do our best to accommodate for food allergies, but are not able to guarantee entirely allergen-free environments. Therefore, the released parties cannot guarantee that any particular food product is free of all traces of any particular allergen, that consumption of a food product will not result in some form of allergic reaction, or that the participant will not come into contact with any allergens while in attendance on the ‘Company’s’ retreat. The undersigned acknowledges and agrees that i) she/he is aware of such risks and that participation in the event will expose the participant to food, activities and persons that may result in exposure to allergens and injury, and in that regard by assuming such risks, the participant hereby fully releases and discharges the ‘Company’ from any and all liability and/or responsibility to the participant, the undersigned, or any third party for death and/or injuries to the participant, and/or any direct, indirect, punitive, incidental, or any damages that arise out of or relate to participant’s participation in the ‘Company’s’ retreat and/or exposure to food allergens.

  1. Updating of Terms & Conditions

The ‘Company’ reserves the right to update and/or alter these Terms & Conditions at any time. Current information can always be found on www.angelikaalana.com/retreatterms and any updates and/or changes will supersede any previous versions.

WAIVER

Release and Waiver of Liability

As consideration for being permitted by the ‘Company’ to participate in these activities, I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue or attach the property of the ‘Company’, their affiliates, employees, agents or volunteers or any of their affiliated organizations for injury or damage resulting from acts, howsoever caused, by any employee, agent, or contractor, or any of their affiliated organizations, as a result of my participation in a ‘Company’ retreat. I hereby release the ‘Company’, and any of their agents or affiliated organizations from all actions, claims or demands that I, my assigns, heirs, distributes, guardians, and legal representatives now have or may hereafter have for injury, damage, or death resulting from my participation in a ‘Company’ retreat.

I am medically, physically, emotionally and in all respects fit and able to participate in the ‘Company’s’ trips.

I agree I will be fully and financially responsible for my own physical condition and well-being during the retreat, and will follow the safety precautions and instructions prescribed by the ‘Company’.

I acknowledge that the ‘Company’ may make suggestions from time to time that are intended to help me and my well-being. However, I take ultimate responsibility for my choices and realize that the ‘Company’ is not a licensed medical provider, and that I must consult my doctor.

If I experience pain or discomfort during the retreat, I will modify the ‘Company’ instruction to suit my individual needs. I will not hold the ‘Company’ responsible for any pain or discomfort I experience during or after the retreat. I understand that the activities offered on this retreat are not a substitute for medical care. I understand that the ‘Company’ is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.

For the benefit of everyone, the ‘Company’ reserves the right to accept or reject any participant at any time without liability, and in the event the ‘Company’ determines, in its sole and exclusive discretion, that a participant is disruptive to the harmony of the retreat, it may, without any obligation to pay a refund or any other amount whatsoever, expel such participant from the retreat. The ‘Company’ will carry no responsibility or liability for any participant who leaves the retreat prior to its conclusion or for any activity undertaken by any participant, which is not included on the retreat itinerary.

By agreeing to the terms outlined here and elsewhere on the ‘Company’ website, I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation on a ‘Company’ retreat trip.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.

17. Severability/Waiver

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

 

18. Miscellaneous

 A) Limitation of Liability. 

Customer agrees they are using the Company’s services at their own risk and that Program is only an educational service being provided. Customer releases Company, its officers, employers, directors, contractors and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Customer accepts any and all risks, foreseeable or unforeseeable. Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from including, but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Customer knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Customer may sustain as a result of participating in this Program or in any way resulting from the services provided by the Company or use of techniques and practices taught. Customer further declares and represents that no promise, inducement or agreement not herein expressed has been made to Customer to enter into this release. The release made pursuant to this paragraph shall bind Customer’s heirs, executors, personal representatives, successors, assigns, and agents.

 

B) Non-Disparagement. 

In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Customer agrees that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the Company. The Customer agrees that they will not directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner, directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

 

C) Assignment. 

This Agreement may not be assigned by the Customer, without express written consent of Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

 

D) Termination. 

Company is committed to providing all customers in the Program with a positive Program experience. Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Program and terminate any further services without refund or forgiveness of payments if Customer becomes disruptive to Company or Program, difficult to work with or upon violation of the terms as determined solely by Company. Customer will still be liable to pay the total contract amount. Furthermore, Company reserves the right to pause Customers participation in the Program if Company deems, in its sole discretion, Customer unable to safely and effectively continue in the learning environment, until such a time when Customer is physically and emotionally able to resume the Program. 

 

E) Age Requirement.

Customer must be 18 years of age or older to enroll in the Program.

 

F) Health Waiver.

The Program is an intensive deep dive into personal growth. Customer understands that Company intends to support Customer in an effective, appropriate and personalized way. Therefore, Customer may be obliged to sign a form that confirms Customer is aware of any health conditions that are contraindicated to the practices in the Program. Company does not collect medical information about Customer. If Company deems Customer unsuitable for Program due to any health or wellness related issues, Company may decide to cancel Customer future participation.

 

G) Indemnification. 

Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program or in any way related to the services provided by the Company, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or gross negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

 

H) Resolution of Disputes. 

If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Customer, Customer is responsible for any and all arbitration and attorney fees.

 

I) Notices.

Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, "personal delivery" includes notice transmitted by email to: [email protected]

 

J) Entire Agreement.

This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.

 

K) Controlling Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America.

BY PURCHASING THIS RETREAT YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE WORKING AGREEMENTS ABOVE.