Retreat agreement
Please carefully read all the terms and conditions of this contract detailed below before purchasing a Jump Into Paradise retreat with Jump Consulting (hereinafter, “Company”). For and in consideration for being permitted to participate in the Jump Into Paradise retreat you have selected with Company (the “Retreat”), you (the undersigned) agree to accept and be bound by the terms and conditions set forth herein.
RETREAT DETAILS. Retreat details for the Retreat product in your cart, such as information about the destination, accommodations, departure and return dates, any included meals, any included transportation, included classes (“Retreat Classes“), and payment details and due dates can be found on the Company’s website (www.jumpintoparadise.com) (the “Website“). PLEASE READ AND ENSURE YOU UNDERSTAND THE RETREAT DETAILS AND POLICIES DETAILED HEREIN PRIOR TO CHECKING OUT.
REGISTRATION. To reserve a spot for the Retreat, you must add the product corresponding to the Retreat of your choice to your cart and follow the checkout instructions on the Website to submit your information and non-refundable deposit specified on the Website for the Retreat (the “Deposit”) (collectively, the “Registration Materials”). However, if your Registration Materials are submitted after the due date for the Deposit specified on the Website, then the total amount for the Retreat specified on the Website (the “Total Payment”) must be paid to reserve your spot. You will NOT have a reserved spot for the Retreat if you fail to provide all of the Registration Materials.
CONFIRMATION AND ITINERARY SUBJECT TO MODIFICATION. After Company receives your Registration Materials, you will receive a confirmation email. Please contact us if you do not receive a confirmation email within five (5) business days of submitting your Registration Materials. Thereafter, we may send you, and you consent to receive, correspondence related to the Retreat and the Company, including the itinerary for the Retreat. Such itinerary is subject to change and Company expressly reserves the right to modify the itinerary at any time due to the availability of third party vendors, weather conditions, local conditions, or other circumstances out of our control.
PAYMENT TERMS.
Total Payment. The Total Payment is due in full sixty (60) days prior to the start date of the Retreat specified on the Website (the “Payment Due Date”). IF COMPANY DOES NOT RECEIVE YOUR TOTAL PAYMENT ON OR BEFORE THE PAYMENT DUE DATE, COMPANY MAY CANCEL YOUR RESERVATION WITHOUT NOTICE.
Deposit. Your Deposit is non-refundable. You may request to have your deposit applied to another participant’s registration for the same Retreat prior to the Payment Due Date. Your deposit may NOT be transferred to another participant’s registration for a different Retreat.
PASSPORT, VISA AND RELATED ITEMS. You are responsible for obtaining and maintaining a valid passport and all appropriate visas, permits, certificates, and/or other required documentation (“Documentation”) for the countries, jurisdictions, parks, areas, etc. you will visit during the Retreat. Company is not responsible if you are denied entry or exit to/from any country or location due to a lack of valid Documentation.
TRAVEL INSURANCE. We strongly recommend the purchase of travel insurance for the Retreat. You are solely responsible for the cost of any travel insurance and ensuring that you are adequately insured for the full duration of the Retreat with respect to possible illness, injury, death, property damage, loss of baggage and personal items, cancellation and/or curtailment, and/or any other potential losses, damages, costs, expenses, or liabilities (collectively “Losses”). You will be solely responsible for any Losses related to your failure to procure travel insurance. Company is not responsible for any Losses you incur and/or sustain.
CHANGES OR CANCELLATION.
Changes. Company reserves the right to make changes to any and all aspects of Retreat (which may include without limitation changes to the types and/or timing of activities available during the Retreat, items and/or services included with the Retreat, the itinerary, and/or the nature of the Retreat Classes) if, in Company’s sole discretion, Company deems it necessary to do so due to conditions that may be hazardous, dangerous, or otherwise adverse or threatening, if an act or omission of a third party prevents any such aspects of the Retreat or any portion of the Retreat, or for any other reason considered commercially necessary by Company. You will not be eligible for any refunds of any amounts based on any such changes to the Retreat.
Cancellations.
By Company. Company reserves the right to cancel your reservation if your Total Payment is not received on or before the Payment Due Date and you will not be eligible for any refunds of any amounts.
Company further reserves the right to cancel the Retreat prior to the Departure Date in the event an insufficient number of registrants are confirmed for the Retreat or for any other commercial reason in Company’s sole discretion and, in such an event, you will receive a full refund of the amount you remitted to Company, but in no event will Company be responsible for any other amount, including preparation costs, airfare, travel documents, or any other Losses or claimed damages.
By You. All cancellations by you must be in writing and emailed to Company at the contact email address specified on the Website. If cancellation takes place prior to the Payment Due Date, any payments made by you will be refunded, except your non-refundable Deposit. If cancellation takes place after Payment Due Date, you forfeit the entire amount remitted to Company.
Effect of Changes or Cancellation. In the event of any change or cancellation under this Section 7, you acknowledge that you will have no right of refund of the Total Payment (whether in whole or in part, except as expressly provided in Sections 7(b)(i)(2) and 7(b)(ii)) and no right to claim compensation for any Liabilities incurred and/or sustained by virtue of any change or cancellation.
PHOTOS, VIDEO, OTHER MEDIA RELEASE. By and in consideration for being permitted to participate in the Retreat, you irrevocably grant Company and its agents and representatives all rights to use, reproduce, display, exhibit, publish, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Company at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. You further understand and grant permission to Company and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings collected as part of, in connection with, and/or during the Retreat (by Company or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, and/or distributed by or on behalf of Company.
INJURY. In the event you are injured while participating in the Retreat, you agree to assume all financial obligations for any and all medical costs you incur. You acknowledge and agree that IN NO EVENT SHALL COMPANY AND/OR ANY COMPANY PARTY BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR LIABILITIES ARISING OUT OF YOUR PARTICIPATION IN THE RETREAT.
WAIVER OF LIABILITY AND RELEASE. IN CONSIDERATION FOR PARTICIPATING IN THE RETREAT, YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR AND HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE COMPANY, ITS OFFICERS, MEMBERS, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, GUIDES, AND OTHER REPRESENTATIVES (EACH A “COMPANY PARTY” AND COLLECTIVELY, THE “COMPANY PARTIES”) FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, AND/OR LOSSES (INCLUDING BUT NOT LIMITED TO ANY EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, MEDICAL EXPENSES, LOST WAGES/INCOME, LOSS OF SERVICES, LOST PROFITS, PROPERTY DAMAGE, PAIN, ILLNESS, AND DEATH) (COLLECTIVELY “LIABILITIES”) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR TRAVEL TO AND/OR PARTICIPATION IN THE RETREAT AND/OR ANY ACTIVITIES CONDUCTED IN CONNECTION THEREWITH, REGARDLESS OF WHETHER SUCH LIABILITIES ARE CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. You have been advised and urged to obtain travel insurance to cover against Liabilities resulting from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and your participation in the Retreat. You acknowledge that whether or not you elect to purchase or not purchase travel insurance, you will not look to any of the Company Parties for reimbursement for any Liabilities suffered or occurring during your travel and/or participation in the Retreat.
INDEMNITY. YOU FURTHER HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY AND ALL LIABILITIES (INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEYS’ FEES) THAT ONE OR MORE OF THE COMPANY PARTIES MAY INCUR AS A RESULT OF YOUR PARTICIPATION IN THE RETREAT, WHETHER CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE (BUT EXCLUDING ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A COMPANY PARTY), TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
BINDING EFFECT. It is your express intent that this Agreement shall bind the members of your family and spouse, if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE any of the Company Parties.
GENERAL.
Entire Agreement. This Agreement constitutes the entire agreement between you and Company, and supersedes any prior agreement, regarding the subject matter herein. You acknowledge and represent that no oral representations, statements, or inducements, apart from those set forth herein, have been made to you by any Company Party.
Force Majeure. If Company is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of any Act of God, strike, trade dispute, fire, inclement weather, breakdown, interruption of transportation networks/means, government or political action, acts of war or terrorism, acts or omissions of a third party, or for any other cause whatsoever outside of Company’s reasonable control, COMPANY WILL BE UNDER NO LIABILITY WHATSOEVER TO YOU AND MAY, AT COMPANY’S SOLE DISCRETION, BY WRITTEN NOTICE TO YOU, EITHER CANCEL THE RETREAT PURSUANT TO SECTION 7 OR TAKE ANY OTHER REASONABLE ACTION.
Choice of Law and Jurisdiction. You irrevocably agree that this Agreement shall be governed by the laws of the State of Arizona, that any mediation, suit, or other proceeding must be filed or entered solely and exclusively in Phoenix, Arizona and that the federal or state courts located in Phoenix, Arizona and any courts of appeal therefrom shall have sole and exclusive jurisdiction to settle any dispute arising under or in connection with this Agreement (including any disputes as to this Agreement’s existence or validity). You waive any objection (on the grounds of lack of jurisdiction, forum non conveniens, or otherwise) to the exercise of jurisdiction by such courts.
Interpretation. You acknowledge and agree that this Agreement, including the releases and waivers of liability herein, are intended to be as broad and inclusive as permitted by applicable law.
Severability. If any portion(s) of this document is/are held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, such portion(s) shall be interpreted and/or reformed without further action of the parties hereto to render them valid and enforceable when applied to the facts at issue and the lawfulness, validity, and enforceability of such provision(s) as applied to any other facts, and the lawfulness, validity, or enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby.
Waiver. The failure or delay by Company to enforce or exercise any provisions of this Agreement shall not constitute or be deemed a waiver of such provision or any other provisions herein. Furthermore, any waiver or breach of any provision of this Agreement shall not amount to a waiver of any other provision.
Headings. The headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions herein.
