Log In
Latest Revision Date: June 20, 2022
Mindfulness Adventure Retreat Terms and Conditions
Please read this in its entirety. By submitting your payment and registration information, you agree to be legally bound by the following terms and release of liability. This is a binding legal agreement between you, Jon Macaskill, Will Schneider and Theresa Larson, the lead instructors and leaders of this retreat, and their companies Movement Rx Physical Therapy, P.C. and Men Talking Mindfulness, LLC.
1. PARTICIPANT HEALTH INFORMATION
If you have any physical, mental, or other conditions that may interfere or limit your ability to participate safely in the Retreat or its Offerings, including but not limited to. diabetes, anemia, joint problems, back pain, asthma, hearing or seeing impairment, heart condition, inactivity, medication, PTSD, claustrophobia, food allergies/sensitivities, etc., it is your responsibility to notify the instructors.
2. DEFINITIONS AND RULES OF CONSTRUCTION
A. The following definitions shall apply to this document:
i. The term “Agreement” shall refer to this Agreement, in its entirety.
ii. The term “Program Activities” shall refer to the following activities: Yoga, hiking, meditation, exercise, and general wellness and mindfulness instruction.
iii. The term “Retreat” shall refer to the Mindfulness Adventure Retreat. The Retreat will include a variety of activities involving Yoga, Meditation, Fitness, or Recreation.
iv. The term “Location” shall refer to the location of the Retreat.
v. The term “Participant” shall refer to the individual who wishes to take part in the Retreat.
vi. The term “Instructor” shall refer to Jon Macaskill, Will Schneider, Theresa Larson, their companies Movement Rx Physical Therapy, P.C. and Men Talking Mindfulness, LLC, and any instructors employed or contracted by the above named to assist at the Retreat.
vii. The term “the parties” shall refer to all individuals and companies mentioned in this Agreement: the Participant, Jon Macaskill, Will Schneider, Theresa Larson, Movement Rx Physical Therapy, P.C. and Men Talking Mindfulness, LLC.
B. The following rules of construction shall apply to this Agreement unless construction in accordance with a rule would produce a result inconsistent with the manifest intent of the document:
i. Use of a singular word includes the plural, and vice versa.
ii. Use of a gendered word shall include all genders. This document uses the gender-neutral, singular pronouns of “they/them/their.”
iii. The titles of the paragraphs in this Agreement are for reference purposes only and shall not be used in the interpretation of the provisions to which they relate.
3. EFFECTIVE DATE
This Agreement shall take effect immediately upon submission of the Participant’s initial payment. It shall remain in effect unless amended or revoked in writing as set forth herein.
4. INCLUDED IN THE PRICE OF RETREAT
A. The Retreat fee set includes the following: three (3) nights of accommodation at the retreat location; 3 days of breakfast, lunch and dinner; multiple outdoor recreational activities (weather dependent); and the program described at the Retreat info url: https://mentalkingmindfulness.com/retreat.
B. The Retreat does not include the following: anything not expressly listed above; airfare and any other travel costs to reach the Destination; taxes; medical, travel, or trip cancellation insurance; medical examinations and testing required for travel; vaccinations; specialty beverages or alcohol; optional meals; tips; personal expenses (e.g., laundry and shopping); activities (e.g., horseback riding); or tours/excursions not listed in the Agreement or advertised on the Website (e.g., kayaking, paddle boarding, river rafting, etc.).
5. PAYMENT
A. Participant must pay the Retreat fee in full at least 30 days prior to the start of the Retreat. If the reservation is made less than 30 days prior to the start of the Retreat, payment in full must be made when the reservation is accepted. If payment in full is not made as required above, Instructor may and will assume Participant will not attend the Retreat and cancellation charges will apply as set forth in Paragraph 8 below.
6. TRAVEL TO DESTINATION
A. Instructor does not arrange for Participant’s airline or other travel to the Destination or the city location of the Retreat. It is the responsibility of Participant to secure airline or other travel accommodations to the Destination and the location of the Retreat. Instructor bears no responsibility or liability for delay or cancellation of flights, trains, buses, or other forms of transportation.
7. HEALTH AND FITNESS REQUIREMENTS
A. Participant warrants that they satisfy all of the following health and fitness requirements:
i. Participant must be in good physical and mental health to attend the Retreat;
ii. Participant must be willing and able to demonstrate a high level of mental and emotional stability and maturity during the Retreat and participate in the Retreat as a reliable, respectful, supportive, and positive student; and
iii. Participant must not have any criminal, caretaker, child welfare, or other similar background or history, no matter the jurisdiction or charge.
B. Participant is advised to consult with a physician to ensure that they are in adequate health to safely participate in the Retreat. Participant must disclose to Instructors any pre-existing conditions or illnesses, food allergies or sensitivities, and any prescribed medications they are taking that could interfere with Participant’s ability to participate safely in the Retreat or in the Yoga, Meditation, or Activities that will be done there. Participant understands that if the information they provided about their health changes, they have an ongoing duty to update Instructor before the Retreat starts.
C. COVID-19 Precautions.
i. Depending on the status of local COVID-19 precautions, participant shall present to Instructor a negative COVID-19 test taken no more than three (3) days before their arrival at the Retreat or proof of vaccination.
ii. Participant shall also be solely responsible for complying with all COVID-19 entry requirements of the Destination. Otherwise, Participant may be asked to leave the Retreat.
iii. While at the Retreat, Participant shall disclose to Instructor any known or suspected COVID-19 exposures they may learn of, and any COVID-19 diagnosis of their own (or of anyone in their household), immediately upon learning such information.
iv. In addition, if COVID-19 protocols are in effect during the time of the Retreat, while at the Retreat, Instructor and Participant will observe all COVID-19 precautions required by law of the Destination or by policy of the retreat center, or the following, whichever are more stringent: physical distancing of six (6) feet outdoors and ten (10) feet indoors from non-household members; wearing at least a two-layer face mask over the nose and mouth when in an indoor public space or an outdoor public enclosed space; frequent handwashing; and general cleanliness of physical spaces and surfaces.
v. As Participant does elsewhere in this Agreement, Participant assumes the risk of contracting COVID-19 during the Retreat and during the travel to and from the Retreat, and holds Instructor harmless for any consequences or damages of contracting COVID-19.
D. Instructor shall have the right, in their sole discretion, to accept or deny any applicant for participation in the Retreat, based on the health and fitness grounds set forth in this Paragraph. Instructor does not discriminate on the basis of race, color, creed, religion, age, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, pregnancy, marital or parental status, or any other category protected by law.
E. Instructor shall have the right, in their sole discretion, to ask any Participant to leave the Retreat at any time, if Participant is disruptive to the harmony of the Retreat and/or is violating any provision of this Agreement. To maintain a peaceful environment for all Participants, the following is prohibited while at the location of the Retreat: the possession or consumption of alcohol in the Participants’ private rooms; and gatherings and parties in the Participants’ private rooms.
F. Emergency contact information will be gathered prior to the retreat. By providing emergency contact information, Participant consents to Instructor contacting and speaking with that individual if, in the sole discretion of Instructor, there is an emergency during the Retreat regarding Participant’s physical or mental health.
8. CANCELLATION BY PARTICIPANT
Due to the complexity of planning a Retreat, refunds are only available as set forth in this Paragraph:
A. If Participant wishes to cancel their participation in the Retreat, they must notify Instructor immediately by writing to wellness@movement-rx.com. The cancellation shall take effect on the day Instructor receives the required email from Participant.
B. If proper cancellation notice is received by Instructor more than 30 days prior to the start of the Retreat, 100% of any payments made by Participant will be refunded to Participant.
C. If proper cancellation notice is received by Instructor 30 days or less prior to the start of the Retreat, there shall be no refund, unless Instructor can fill the Participant’s vacated spot with another Participant.
D. There shall be no refund if Participant attends the Retreat, but leaves early, for any reason, including for reasons related to COVID-19.
E. Any refunds due to Participant according to this Agreement will be made in USD by crediting the payment method used. Such refunds will be made within 30 days of receiving proper cancellation notice.
9. CANCELLATION AND CHANGES BY INSTRUCTOR
A. Instructor reserves the right to cancel the Retreat up to thirty (30) days prior to the start of the Retreat, if too few people have made reservations. In such an event, Participant will be given a full refund of any and all payments made to Instructor.
B. Instructor reserves the right to make changes to any aspect of the Retreat, or to cancel the Retreat entirely, at any time due to conditions in the Destination, neighboring countries, or the world, including but not limited to acts of nature such as weather or other natural disaster, pandemic, and other “acts of god,” acts of war or terrorism, terrorist threat, civil unrest, riots, strikes, trade disputes, interruption of transportation, government or political actions or orders, change of law or regulation, suspension of civil rights, crime, acts or omissions of a third party, or for any other reason whatsoever outside the reasonable control of Instructor. This is a force majeure provision.
D. If Instructor is unable to lead the Retreat for any reason, Instructor shall make their best efforts to hire a substitute instructor with substantially similar qualifications. If a substitute instructor cannot be located after reasonable diligence, Instructor reserves the right to cancel the Retreat. In such an event, Participant will be given a full refund of any and all payments made to Instructor.
E. In all of the above-listed events in this Paragraph, Participant hereby waives any right to claim other amounts are due to them, including but not limited to for loss of time, inconvenience, visa and passport fees, airfare and other travel expenses, insurance premiums, gear purchases, and vaccination and other medical-related costs.
10. RECOMMENDED INSURANCE
A. The Instructor recommends that each and every Participant purchase individual travel and trip cancellation insurance in advance of the Retreat. In particular, due to the inherently risky nature of international and domestic travel especially during and for a while after the COVID-19 global public health emergency, the Instructor recommends a “Cancel For Any Reason” provision in the policy.
B. It is Participant’s responsibility to ensure that they are adequately insured for the duration of the Retreat regarding accident, injury, illness, death, emergency evacuation and repatriation, loss of personal items, cancellation, curtailment, worldwide emergency assistance, and all other contingencies. No insurance is provided for Participant by Instructor or by the retreat center.
11. TRAVEL DOCUMENTS, MEDICAL EXAMS, QUARANTINES, AND VACCINATIONS
A. It is Participant’s responsibility to learn about and obtain all required travel documents, medical examinations, and vaccinations for travel to the Destination. Participant shall also be solely responsible for learning about and complying with any COVID-19 testing, vaccine, quarantine, or similar entry requirements of the Destination and the destination to which Participant will be returning. Instructor is not responsible for any delays, cancellations, or damages due to Participant’s lack of proper travel documents, medical examinations, quarantine compliance, or vaccinations, including but not limited to a valid passport, visas (entry and exit), health certificates, and other documents that may be required by the Destination or the destination to which Participant will be returning. Instructor has not and will not provide advice regarding the immigration law of the Destination or the destination to which Participant will be returning.
12. ASSUMPTIONS OF RISK AND RESPONSIBILITY
A. Participant acknowledges that international travel can be challenging and bears a higher level of risk and uncertainty compared to domestic travel, especially during the COVID-19 global public health emergency. The risk and uncertainty cannot be eliminated by Instructor and is part of the experience, enjoyment, and reward of a retreat. Understanding all of this, Participant agrees to accept responsibility for their own safety and welfare while traveling for and attending the Retreat. Participant accepts all of these risks and understands that not every risk is set forth herein. In particular, Participant accepts the risk of contracting COVID-19 during the Retreat and during the travel to and from the Retreat.
B. Participant acknowledges that they alone are responsible for their choices, actions, and results during and after the Retreat. Participant accepts full responsibility for the consequences of their use or non-use of any information provided by Instructor during the Retreat. Participant agrees to use their own judgment and due diligence before implementing any idea, suggestion, or recommendation of Instructor in their
life, family, or business. Participant agrees that there can be no guarantees as to the outcome or result of using the information they receive from Instructor during the Retreat. Participant agrees and acknowledges that the Retreat’s program is not a substitute for medical attention, examination, diagnosis, and treatment by a licensed physician.
13. WAIVER AND RELEASE OF LIABILITY FOR RETREAT
In consideration of Instructor inviting Participant to the Retreat and accepting their reservation for the Retreat, Participant agrees:
A. To release, forever discharge, and hold harmless Instructor and their employees, agents, teachers, independent contractors, and other representatives, and their heirs, successors, and assigns (“Released Parties”), from liability for any and all Claims (as defined immediately below) relating to or caused by Participant’s attendance at and participation in the Retreat and in any additional activities or excursions Participant may engage in during the Retreat not provided by Instructor (“Claims”), unless caused by the gross negligence or intentional wrongful act of Instructor.
B. The term “Claims” shall include any and all liabilities, claims, demands, actions, damages, rights of action, and causes of action, of whatever kind or nature, that may now or hereafter exist or arise, arising out of personal injuries, losses suffered, and damages of any kind (including but not limited to direct, indirect, consequential, incidental, punitive, or any other damages), including those known and unknown, developed or undeveloped, and foreseen or unforeseen, relating to or caused by Participant’s participation in the Retreat.
C. Participant agrees that this waiver and release shall be legally binding upon them personally and their family, estate, heirs, successors, and assigns.
D. Participant acknowledges that Instructor is not responsible for the safekeeping of Participant’s personal property while at the Retreat, or for ensuring Participant’s safety from contracting COVID-19 during the Retreat or during the travel to and from the Retreat.
14. WAIVER AND RELEASE FOR THE PROGRAM ACTIVITIES
In further consideration of Instructor inviting Participant to the Retreat, Participant provides the following additional waiver and release of liability for the Program Activities, including the practice of Yoga while at the Retreat:
A. At the Retreat, Participant may participate in Program Activities classes taught by Instructor. Participant agrees and acknowledges that Program Activities involve physical movements and activity and can be physically and mentally challenging, and therefore bears risk of injury, illness, and even disability and/or death.
B. Participant accepts all risks of participating in Program Activities and assumes full responsibility for any and all injury, illness, and/or damages caused by their participation. During Program Activities, if Participant experiences any pain or significant discomfort, they agree to listen to and honor their body, discontinue the activity, notify Instructor immediately, and seek medical attention from a licensed physician.
C. Participant understands and agrees that their participation in Program Activities is voluntary, in their sole discretion, and at their own risk. Participant warrants that they understand their physical limitations and that they are sufficiently self-aware to stop or modify an activity before they become injured or ill or aggravate a pre-existing condition.
D. Participant understands that not Instructors are not licensed physicians, and therefore will not give them medical advice. Participant agrees that Instructor has no duty to provide them with medical advice or care (including CPR) during Program Activities. Participant also understands that nothing said by Instructor should be construed as medical advice.
E. By participating in the Retreat, participant understands that there may be photos and videos taken while participating in the Retreat. The participant grants permission to the organizers to use these photos and/or videos in their marketing efforts. Participant understands that he/she can contact the organizers in writing if the participant would like a photo or video of himself/herself removed within a reasonable amount of lead time.
F. This waiver and release shall apply to all classes, lessons, workshops, and recommendations Participant takes from Instructor, and all instruction Participant receives from Instructor, no matter where performed or given, and no matter what the Program Activities are.
G. Participant therefore agrees:
i. to release, forever discharge, and hold harmless Instructor and their employees, agents, teachers, independent contractors, and other representatives, and their heirs, successors, and assigns (“Released Parties”), from liability for any and all Claims (as defined immediately below) relating to or caused by Participant’s participation in Program Activities (“Claims”), unless caused by the gross negligence or intentional wrongful act of Instructor.
ii. The term “Claims” shall include any and all liabilities, claims, demands, actions, damages, rights of action, and causes of action, of whatever kind or nature, that may now or hereafter exist or arise, arising out of personal injuries, losses suffered, and damages of any kind (including but not limited to direct, indirect, consequential, incidental, punitive, or any other damages), including those known and unknown, developed or undeveloped, and foreseen or unforeseen, relating to or caused by Participant’s participation in Program Activities.
iii. Participant agrees that this waiver and release shall be legally binding upon them personally and their family, estate, heirs, successors, and assigns.
15. MODIFICATION OF AGREEMENT
Any future modification, amendment, waiver, or revocation of any provision of this Agreement shall be effective only if it is made in writing and is executed by the parties with the same formality as this Agreement. Any such modification, amendment, waiver, or revocation shall specifically provide what provision of the Agreement it intends to modify, amend, waive, or revoke. No oral modifications, amendments, waivers, or revocations shall be effective. Failure of a party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of subsequent defaults of the same or similar nature or of the other obligations contained in this Agreement.
16. SEVERABILITY
If any provisions of this Agreement are deemed invalid or unenforceable, such provisions shall be deemed severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement.
Consistent with the provisions of this Paragraph, if any provisions are deemed invalid due to their scope or breadth, such provisions shall be deemed valid to the full extent of the applicable law.
17. INTEGRATION
This Agreement sets forth the entire agreement of the parties regarding the Retreat. All agreements, covenants, representations, and warranties, express or implied, oral or written, of the parties are contained herein. No other agreements, covenants, representations, or warranties, express or implied, oral or written, have been made between the parties regarding the Retreat. All prior, contemporaneous, and future conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties regarding the Retreat are waived, merged herein, or superseded hereby. This is an integrated agreement. If any provision of this Agreement conflicts with language about the Retreat on any website (including the Instructor’s website) or information provided by an airline, travel agency, hotel or resort, or anyone else, this Agreement shall govern.
18. JURISDICTION, VENUE, AND CONTROLLING LAW
The substantive law of the State of California (and not its law of conflicts) shall govern all questions as to this Agreement’s validity and enforceability and the construction of its provisions, as well as all disputes arising out of this Agreement, unless the parties otherwise agree. The parties do not intend to make this Agreement enforceable in California alone. They intend for this Agreement to be valid and enforceable in any jurisdiction that finds it has jurisdiction over the parties regarding the Retreat. Jurisdiction for disputes arising out of this Agreement shall be in the California Circuit Court, with venue in San Diego County, unless the parties otherwise agree.
ACKNOWLEDGEMENT
BY SUBMITTING YOUR PAYMENT AND/OR RESERVATION REQUEST, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.