HerPower: Vision & Purpose in the Magic of Croatia
RETREAT TERMS & CONDITIONS AND WAIVER OF LIABILITY
This international retreat terms and conditions and waiver of liability (the “Waiver”) is by and between Kucic Group LLC, a California limited liability company doing business as Kali Rose Spirit Wisdom (KRSW) (“KRSW”, “Company”, or “we”), and the registered participant listed on the registration form (“Participant” or “you”), and is effective as of the date the Participant completes registration and payment of deposit (the “Effective Date”). KRSW and Participant are referred to herein individually as a “Party” and collectively as the “Parties.”
WHAT WE ARE AGREEING TO
DOCUMENTATION: Please plan accordingly and do your research in preparing for the Retreat (defined below). You, the Participant, are solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as a valid passport or other domestic identification, as well as any required and applicable immunizations or other required documentation for the international location of the Retreat. We are not liable or responsible if you are denied entry or exit to or from the international location where the Retreat will be held based on lack of adequate documentation or immunizations.
TRAVEL: All Participants are responsible for their own travel arrangements and costs to and from the Retreat including flights, trains, buses, ferries, or other forms of transportation. KRSW bears no responsibility or liability for delay or cancellation of any form of transportation.
INSURANCE: All participants are required to purchase, maintain, and provide KRSW with proof of travel insurance during the entire length of the Retreat (including through their return date). Participants are individually responsible for paying for travel insurance and ensuring adequate coverage. A “Cancel For Any Reason” provision in the policy is recommended and any case coverage should include, but not be limited to: illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses, and/or liabilities. KRSW is not responsible or liable for any loss, damage, expense, cost, or any other travel issue. Participant’s Proof of Travel Insurance must be provided to KRSW by email to warrior-mermaid@kalirose-spirit.com at least 60 days prior to the Retreat. Participant’s spot in the Retreat shall not be confirmed until KRSW receives proof of travel insurance.
HEALTH OF PARTICIPANT: Your participation in the Retreat indicates your acknowledgment and agreement with, as well as warranty of, the following statements:
It is Participant’s responsibility to consult with a physician before participating in this Retreat to ensure eligibility for strenuous physical activity and Participant affirms that they have no medical conditions that would restrict Participant from participating in physical activities. Physical activities may include but are not limited to yoga, horseback riding, walking, light hiking, and swimming.
If Participant requires emergency medical treatment or attention while participating in the Retreat, Participant authorizes KRSW to provide to Participant, through medical personnel of KRSW’s choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon KRSW to provide such assistance, transportation, or services. Participant agrees that they alone are responsible for the payment of any medical costs and agrees to hold KRSW blameless from any charges, fees, or costs that Participant’s conditions may incur.
Should Participant have any allergies or dietary restrictions that need accommodation, Participant is required to share said allergies or dietary restrictions with the Company within six (6) weeks of the start date of the Retreat. The Company and any chefs or caterers participating in the Retreat shall not be held liable for any illness or allergic reaction to any food items provided during the Retreat.
Participant specifically acknowledges and agrees that these clauses are not intended to be a general release, which would be limited under some state and local laws.
CONSUMPTION OF ALCOHOL: Alcohol may be available for consumption at the Retreat. You understand and confirm that alcohol consumption shall be at your own discretion, risk and liability, and that you may be required to produce government-issued photo identification prior to being served any alcohol. You understand that KRSW reserves the right to excuse you from the Retreat if you become inebriated and misbehave or have the potential to cause harm to yourself or any other person or persons. If you are excused from the Retreat pursuant to this section, it shall be without any sort of refund or reimbursement by KRSW. You hereby assume all risk involved with the consumption of alcohol and unconditionally hold KRSW harmless.
CODE OF CONDUCT: HerPower: Vision & Purpose Retreat 2024 (the “Retreat”) is dedicated to providing an enjoyable harassment-free experience for everyone. We value your attendance and comfort throughout the event. We do not tolerate harassment in any form. If you have concerns about another Participant, venue, or Retreat staff member’s behavior, please contact a member of the Retreat staff immediately for assistance. Participants violating these rules may be removed from the Retreat without a refund at the discretion of the Retreat organizers.
MEDIA RELEASE: You understand that your images, pictures, videos, and quotes (collectively the “Media”) may be captured by the Company during the Retreat. You will be asked to sign a waiver for the Company’s acquisition, storage, display, publication, posting, or distribution of Media. If you do not wish to have your media displayed on the Company’s website or other print or digital publication, you can indicate your preference in the waiver that will be provided at the start of the Retreat.
FEES & PAYMENTS: All payments under this Agreement must be made in U.S. Dollars (“USD”), either by credit card or Paypal. The Reservation Deposit of 25% counts toward the total cost of the Retreat.
The Retreat fee includes the following:
Clarity Quest Package: five (5) nights of accommodation at Waterman Svpetrvs Resort (Put Vele Luke 4, 21400, Supetar, Croatia); two (2) meals per day (breakfast and lunch); two (2) group dinners on Tuesday, September 24, 2024 and Thursday, September 26, 2024; daily workshops, and four (4) Yoga classes, including the use of mats.
Explorer Journey Package: Clarity Quest Package AND Blue Cave Boat Tour and Cooking Masterclass
VIP Visionary Package. Clarity Quest Package AND Explorer Journey Package AND Four (4) 1:1 Follow Up Coaching Sessions after the Retreat.
For those Participants who wish to share a room (the double occupancy option), KRSW shall make its best efforts to match Participant with a roommate. However, if a roommate cannot be found, Participant shall be responsible for the cost of single occupancy.
Participant must pay the applicable Retreat fee for their chosen package in full at least 60 days
prior to the start of the Retreat. If the reservation is made less than 60 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, KRSW may assume Participant will not attend the Retreat and cancellation charges will apply as set forth below. Due to the complexity of planning the Retreat, payment plans/installment agreements are not available.
CANCELLATION BY PARTICIPANT:
We understand that plans can change and your retreat may have to wait. While we cannot transfer or allow for substitutions, we can help you with a refund. If you need to cancel, please email us at warrior-mermaid@kalirose-spirit.com to let us know as soon as possible, so we can process your refund appropriately. Refunds will be processed as follows:
Non-refundable Reservation Deposit of 25% is required at the time of registration.
If proper cancellation notice is received by KRSW more than 60 days prior to the start of the Retreat, any payments made by Participant will be refunded to Participant, less the 25% Reservation Deposit.
If proper cancellation notice is received by KRSW between 60 days and 31 days prior to the start of the Retreat, 50% of any payments made by Participant will be refunded to Participant, less the 25% Reservation Deposit.
If cancellation notice is received by KRSW 30 days or less prior to the start of the Retreat, there shall be no refund.
There shall be no refund if Participant attends the Retreat, but arrives late or leaves early, for any reason.
Deposits or any payments made by Participant are not transferable to another applicant or participant in the Retreat, for any reason.
Any refunds due to Participant according to this Agreement will be made in USD by check to Participant within 30 days of receiving proper cancellation notice.
This policy is subject to change; all registered participants will be notified of any changes.
CANCELLATION AND CHANGES BY KRSW
a. KRSW reserves the right to change or cancel the Retreat up to thirty (30) days prior to the start of the Retreat, if too few people have made reservations. In the unlikely event of full cancellation, Participant will be given a full refund of any and all payments made to KRSW.
b. KRSW reserves the right to make changes to any aspect of the Retreat, or to cancel the Retreat entirely, at any time due to conditions where the Retreat will be held (“Destination Country”), 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, a material change to the relevant U.S. State Department Travel Warning or Advisory (which can be found at https://travel.state.gov/content/travel/en/internationaltravel/International-Travel-Country-Information-Pages.html), acts or omissions of a third party, or for any other reason whatsoever outside the reasonable control of KRSW. This is a force majeure provision. In such an event, if the changes or cancellation occur more than 60 days from the start of the Retreat (and Participant does not wish to accept the changes), 100% of any payments made by Participant will be refunded to Participant, less the Reservation Deposit; if the changes or cancellation occur between 31 and 60 days prior to the start of the Retreat (and Participant does not wish to accept the changes), 50% of any payments made by Participant will be refunded to Participant, less the Reservation Deposit; or if the changes or cancellation occur 30 days or less prior to the start of the Retreat (and Participant does not wish to accept the changes), refunds may be given in the discretion of KRSW or KRSW may agree to apply all or part of any payments made to a future retreat with KRSW.
d. 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 loss of time, inconvenience, visa and
passport fees, airfare and other travel expenses, insurance premiums, gear purchases, and vaccination and other medical-related costs.
ASSUMPTION OF THE RISK:
a. You acknowledge and understand that during the Retreat, you may be exposed to a variety of liabilities and risks, foreseen or unforeseen
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.
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 Retreat staff including subcontractors during the Retreat. Participant agrees that there can be no guarantees as to the outcome or result of using the information they receive during the Retreat.
Waiver of Liability for Personal Injury, Death, or Property Damage:
a. In acknowledging the foregoing ASSUMPTION OF THE RISK section, YOU CONFIRM YOUR UNDERSTANDING OF THE FOLLOWING: To the fullest extent allowed by law, you agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY, AND HOLD HARMLESS THE COMPANY and its parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents, employees, and subcontractors (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY including death and personal injury on account of or in any way resulting from or relating to your participation in the Retreat. You understand and intend that the assumption of risk and release is binding upon your heirs, executors, administrators, assignors, and insurers. This waiver and release is intended to be as broad and inclusive as is permitted by law. In addition, Participant acknowledges that, in large part, operational control of the Retreat will be in the hands of the third party venue, and that any cause of action in regard to its shortcomings, any personal injury or tangible property damage would be against the venue and not against KRSW. Participant acknowledges that KRSW is not responsible for the safekeeping of Participant’s personal property while at the Retreat.
b. Participant provides the following additional waiver and release of liability for the physical activities that you will participate in while at the Retreat: At the Retreat, Participant may participate in various physical activities taught by Retreat staff. Participant agrees and acknowledges that these activities involve physical movements and can be physically and mentally challenging, and therefore bears risk of injury, illness, and even disability and/or death. Participant accepts all risks of participating in these activities and assumes full responsibility for any and all injury, illness, and/or damages caused by their participation in them. During these activities, if Participant experiences any pain or significant discomfort, they agree to listen to and honor their body, discontinue the activity, notify Retreat staff immediately, and seek medical attention from a licensed physician. Participant understands and agrees that their participation in the various physical 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 their participation before they become injured or ill or aggravate a pre-existing condition.
Participant understands that Retreat staff are not licensed medical professionals of any kind, and therefore will not and cannot give medical advice.
WARRANTIES: KRSW represents and warrants that KRSW has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable federal, state, and local laws, ordinances and regulations. KRSW further represents and warrants that to the best of KRSW knowledge, the Retreat hosted by KRSW and KRSW’s subcontractors does not infringe the rights of any party, and will not violate the rights of any third parties. Participant represents and warrants that Participant has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable federal, state, and local laws, ordinances and regulations.
ENTIRE AGREEMENT: This Agreement will constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the Parties with respect to the subject matter of this Agreement. The Agreement may be executed in counterparts, each of which will be an original, and all of which together will constitute one and the same document. No modification of these Terms will be binding unless in writing and signed by both Parties. If any provision herein is held to be unenforceable, the remaining provisions will remain in full force and effect. All rights and remedies hereunder are cumulative.
SEVERABILITY & NON-WAIVER: If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. Any failure by KRSW to require Participant’s performance of any provision in this Agreement shall not affect KRSW Participant’s rights at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. All rights and remedies hereunder are cumulative.
GOVERNING LAW: This Agreement will be governed by the laws of the United States of America and all disputes will be brought solely in the courts of Santa Cruz County. KRSW and Participant agree that any claims, legal proceedings, or litigation arising in connection with this Agreement will be brought solely in the courts of the county of Santa Cruz, California, and the parties consent to the jurisdiction of such courts.
