Terms & Policies

 

balanced roots retreats, llc

retreat agreement

SERVICES. 

Services. Company and its affiliates, successors, assigns, agents, independent contractors, and licensees (collectively referred to as “Authorized Persons”) shall provide professional event services (the “Services”) to create Participant’s desired Retreat experience. Services provided by Company and/or its Authorized Persons shall be in accordance with the terms and conditions of this Agreement.

COMPANY OBLIGATIONS.

The company shall:

  • At its own discretion, appoint, hire and/or retain Authorized Persons who are suitably skilled, experienced, and qualified to assist the Company in the performing the Services and to aid in the execution of the Retreat event;

  • Obtain all necessary licenses and consents before the Retreat start date; and

  • Comply with relevant laws applicable to the provision of the Services.

payment due dates. 

If my reservation is made sixty (60) days out (or more) from the Retreat start date:

  • I shall pay an initial non-refundable deposit of $350.00 per person in order to reserve my spot at the Retreat; and

  • I shall pay the outstanding amount due sixty (60) days before the Retreat start date. Unless other payment arrangement has been made with the Company, I authorize the Company to charge my credit card on file for the full balance owed sixty (60) days before the Retreat start date.

If my reservation is made less than sixty (60) days out from the Retreat start date:

  • I shall pay an initial non-refundable deposit of $350.00 per person in order to reserve my spot at the Retreat; and

  • I authorize the Company to charge my credit card on file for the full balance owed for the Retreat within forty-eight (48) hours of paying the initial deposit.

late or incomplete payments. 

Company will contact me prior to and on the day of the balance due date. However, if full payment is not received sixty (60) days prior to the Retreat start date, Company reserves the right to cancel my reservation and to fill my spot with a different participant. I understand that having a credit card on file and paying the initial deposit will not reserve my spot if my credit card is declined when payment is due in full.

credit card changes.

I understand that I can make payment via credit card on the Company website at any time. If I need to change or amend my previously submitted payment type, I will contact the Company in writing at katie@balancedrootsretreats.com. I will provide my name, the specific retreat I am attending and the best way to contact me via email and/or phone. I shall not submit any credit card information over email and do not hold Company liable if I do so.

retreat cancellation and transfer policy. 

I acknowledge, agree with, and consent to be bound by the following terms and conditions:

  • I must contact the Company in writing at katie@balancedrootsretreat.com in order to cancel my Retreat reservation.

  • If I want to cancel my Retreat reservation and it is:

    • Sixty (60) days out (or more) from the Retreat start date, my initial Retreat deposit of $350.00

      can be applied to a different Company retreat, on the condition that I schedule the new retreat

      within 365 days of the first Retreat’s start date.

    • Less than sixty (60) days out from the Retreat start date, any money I’ve paid towards the Retreat (including the initial Retreat deposit) is non-refundable.

  • I understand that I am strictly prohibited from selling or reselling my reservation and/or spot on the Retreat to a third party without prior written authorization from the Company. In order to be valid, the authorization must be specifically executed in a written agreement and it must clearly state Company allows for such activity.

retreat changes by company. 

I acknowledge that, at their own discretion, the Company and/or its Authorized Persons reserve the right to make any changes they deem necessary to the Retreat. Changes to the Retreat may include, but are not limited to, Company and/or Authorized Persons staffing assignments, advertised excursions, arranged transportation or advertised meals. The Company reserves the right to correct any printing or marketing errors or omissions at any time.

RETREAT CANCELLATION BY COMPANY. 

I acknowledge that, at their own discretion, the Company reserves the right to cancel any retreat prior to the start date due to low enrollment. In the rare event Company cancels the Retreat, Company shall offer to participant the ability to be transferred to a different Company retreat or full refund of Participant’s payment to Company. Company is not responsible or liable for any loss, damage, expense, cost, or any other travel-related issue Participant may incur as a result of the Company’s cancelling of the Retreat. This includes but is not limited to:

  • Costs incurred by Participant for Retreat preparation, airline tickets, travel documents or other expenses;

  • Compensation for any direct or indirect injury, expenses, damages, loss of time or inconvenience that Participant may suffer; and

  • Visa, passport, vaccination changes, or departure, gear purchases, airport, accommodation and transportation change fees and taxes.

For this reason, Company encourages all Participants to purchase and maintain travel insurance per Section 11 of this Agreement. Participants who fail to purchase travel insurance do so at their own risk.

travel insurance.

Company encourages all Participants to purchase and maintain travel insurance during the entire length of the Retreat, including through the return date. Participants that choose to purchase coverage are individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should ideally include, but is not limited to, illness, injury, death, property damage, loss of personal items, cancellation and any other potential losses, damages, and/or liabilities Participant may incur. Participants who fail to purchase travel insurance do so at their own risk.

PARTICIPANT HEALTH.

I acknowledge, agree with, and warranty the following statements:

  • It is my responsibility to consult a physician before participating in this Retreat to ensure I am physically well enough to do so.

  • I have no medical conditions that would restrict my Retreat participation, nor have I been advised by qualified medical personnel not to engage in the Retreat.

  • I know the Company and/or its Authorized Persons are not medical personnel and therefore are unqualified to evaluate me or my fitness level for Retreat participation purposes.

  • I acknowledge that as a direct, or indirect, result of participating in the Retreat, I may be physically injured or harmed.

  • I voluntarily choose to participate in the Retreat and in doing so I expressly and specifically assumed the risk that I may be injured or harmed as a result.


PARTICIPANT FOOD ALLERGIES. 

I understand the Company and/or its Authorized Persons does not and cannot

guarantee a food allergen-free environment at the Retreat. I acknowledge that during the Retreat, whether purposefully or accidentally, I may be exposed to, consume, or come into contact with food and/or beverage(s) that could cause me to develop an allergic reaction. By my participation in the Retreat, I assume the risk that I may develop an allergic reaction because I purposefully or accidentally consumed, exposed myself to, or came into contact with such food and/or beverage(s).


participant medical care. 

I hereby release and forever discharge Company and/or its Authorized Persons from any liability, claims, and causes of action that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with my involvement in the Retreat.

participant property.

I acknowledge and agree that I am solely responsible for any personal property I bring to the Retreat. I understand Company and/or its Authorized Persons are in no way responsible for of any personal property that is lost, stolen, or damaged during the Retreat.

media release.

I acknowledge and agree that:

  • Before and during the Retreat, I may be subject to photographs, video, sound recordings, or other media captures of my face, name, voice, or likeness (collectively referred to as the “Recordings”). In consideration for my participation in the Retreat, I hereby and irrevocably give the Company and its Authorized Persons my permission to create and maintain such Recordings.

  • I irrevocably grant and license to the company and its Authorized Persons the rights to digitize, modify, alter, edit, adapt, create derivative works, display, publicly perform, exhibit, transmit, broadcast, reproduce, exploit, sell, rent, license, otherwise use, and permit others to use, the Recordings, including the use of my name, image, likeness, appearance, and voice as they appear in the Recordings, in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created, including but not limited to, publication, live-internet or live-social media streaming and downloading, websites, social media, commercial products, education course materials, video footage, sales, marketing, or any other digital transmission or delivery methods, mobile applications, television broadcast, cablecast, and satellite, home video, video on demand, radio, and print publications, on any platform, including but not limited to televisions, computers, and mobile devices, and in connection with ancillary products, including but not limited to merchandise, books, and software applications, without further consent from or any royalty, payment, or other compensation to me.

  • The Company is and will be the sole and exclusive owner of all right, title, and interest in and to the Recordings and any resulting materials or works created from the Recordings. This includes all copyrights and other intellectual property rights therein, in perpetuity throughout the universe.

  • I have no right to review or approve the Recordings and/or the resulting works before they are used by Company or at any other time.

  • The Company has no liability to me for any editing or alteration of the Recordings and/or resulting works, or for any distortion or other effects resulting from Company's editing or the Company's presentation of me.

  • Any acknowledgment or credit of me in connection with the Recordings and/or resulting works, if any, shall be determined by Company in Company's sole discretion.

  • To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively referred to as “Claims”) arising directly or indirectly from the Company or Authorized Persons' exercise of their rights under this Agreement or the production, exhibition, advertising, promotion, exploitation, or other use of the Recordings and/or resulting works, and whether resulting in whole or in part by the negligence of Company or any other person, covenant not to make or bring any such Claim against any Authorized Persons and their agents, employees, and representatives, and forever release and discharge the Authorized Persons from liability under such Claims.

  • I understand that Company is relying on this Agreement and will incur significant expense in reliance on this Agreement, and I agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.

  • I waive my right to injunctive and other equitable relief in the event of a dispute with Company. I will not have the right to enjoin or interfere with the production, distribution, exploitation, advertising, or promotion of the Recordings and/or resulting materials.

INTELLECTUAL PROPERTY.

I acknowledge and agree that the Company’s name, services, and any logos, designs, slogans, text, graphics, software, content, files, materials, customer lists, vendor lists, website, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, trade secrets, or other rights arising thereof, are owned by the Company and/or its Authorized Persons. I expressly agree not to do anything inconsistent with the Company and/or its Authorized Person’s ownership of all the intellectual property discussed herein. I agree that I have no rights, title, or interest in or to any of the Company and/or its Authorized Persons intellectual property. In addition, I agree not to convey any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, trade secret or other proprietary rights of the Company and/or Authorized Persons.

GENERAL ASSUMPTION OF THE RISK.

I agree and understand that my participation in the Retreat may involve risks. These risks may lead to tangible or intangible harm. I acknowledge that it is my sole responsibility to familiarize myself with all possible risks involved in this Retreat and its activities. I agree that the Company and its Authorized persons are not liable, to the fullest extent permissible by law, for any harm that may come to me due to my participation in the Retreat. I ACKNOWLEDGE THAT MY DECISION TO ATTEND THE RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED ABOVE AND THAT I AM ATTENDING OF MY OWN WILL AND VOLITION. I AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT. IN NO EVENT WILL THE COMPANY AND/OR ITS AUTHORIZED PERSONS BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH MY PARTICIPATION IN THE RETREAT.

RELEASE OF LIABILITY.

I hereby release the Company, as well as the Company’s Authorized Persons, from any claims, demands, damages, or other legal action which may arise from my dispute with any other third-party Retreat participant.

TERMINATION OF THE AGREEMENT.

This Agreement shall continue until canceled as specified above by either Party or until the Participant attends the Retreat. Any provision of this Agreement which by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement.

WARRANTY.

I represent and warrant to the company that I:

  • Am at least eighteen (18) years of age, and I have full right, power, and authority to enter into this Agreement and grant the rights hereunder;

  • Shall not consume alcoholic beverages that may be available at the Retreat if I am under twenty-one (21) years of age; and

  • Shall provide only true and correct statements and other information in connection with the Retreat and/or Services provided by the Company and its Authorized Persons;

idemnification.

I agree to defend, indemnify, and hold harmless the Company and/or its Authorized Persons from and against all claims and demands resulting from my breach or alleged breach of this Agreement or any of the foregoing representations and warranties, which includes but is not limited to, my attendance at the Retreat, my participation in Retreat activities, my food and alcohol consumption at the Retreat, and/or the result of my conduct or actions at the Retreat. I agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if so desired.

severability.

This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns.

dispute resolution.

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these dispute resolution attempts should fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in HENNEPIN COUNTY in the STATE OF MINNESOTA. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of the state of Minnesota. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to contact claims, tort claims, claims based on federal, state law, local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

governing law.

All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the STATE OF MINNESOTA without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in HENNEPIN COUNTY, Minnesota and I hereby consent to the exclusive jurisdiction of such courts.