Embers Retreat Release

In consideration of my participation in and presence at Embers Retreat and associated activities (collectively reterred to as the “Retreat”) and the services of Wishing Star Farm & Wellness, its agents, owners, officers, volunteers, participants, vendors, practitioners and all other persons acting on its behalf as well as its successors and assigns (collectively referred to as “WSF”, as well as my use of the premises on which such Retreat is conducted, I, (referred to as Client) hereby agree to the following:

POLICIES AND PROCEDURES

Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Retreat.

RETREAT DATE

October 26, 2024

RETREAT FEE

The Full Price of this Retreat is three-hundred-thirty-three dollars ($333 USD) paid in full at time of registration. Other discounted prices may be offered during promotional periods. All fees are in US Dollars. Client grants WSF the authority to charge the card(s) provided. Client will receive a purchase receipt with their final price.

REFUNDS/CANCELLATION POLICY

The Retreat will be held rain or shine. Retreat registration fees are transferable but not refundable. Client is responsible for full payment of the fee. After the initial purchase, no refunds will be issued. All sales are final. WSF is not responsible for any monetary loss with regard to travel if the event needs to be rescheduled or canceled, and as a result, we recommend obtaining travel insurance.

METHODS OF PAYMENT

Client authorizes WSF to charge Client’s credit card or debit card.

INSURANCE

Client understands that acquiring insurance is solely the responsibility of the Client. We do recommend travel insurance in case you need to cancel travel due to illness or other cause.

AIRFARE AND TRAVEL ARRANGEMENTS

Client is responsible for all travel arrangements and costs. WSF shall not be held responsible for any consequences arising from travel delays or cancellations. Transfers to/from the retreat are at Client’s own cost unless otherwise specified.

RETREAT AGENDA SUBJECT TO CHANGE

While WSF will do its best to follow the planned agenda, it is possible that unexpected events could necessitate a change in the schedule. If this happens, WSF will endeavor to provide all services described in the agenda though they may occur in a different sequence than originally scheduled. Uncompleted portions of the retreat agenda are not cause for refund.

PARTICIPATION
WSF endeavors to create an environment where all Participants feel welcome, included and secure. If a Participant should engage in language or behavior that is incompatible with the safety, comfort, or convenience of other Participants, WSF has the exclusive right and discretion to expel that Participant from the Retreat at any time.

MEDICAL CARE

WSF does not provide medical care nor emergency personnel at its retreats. You warrant that you are emotionally, medically and physically able to participate in the retreat. If you have any health conditions that could pose a risk to you or anyone else, you must notify WSF prior to the start of the retreat. If you have an emergency that WSF deems necessitates medical treatment, you authorize WSF to contact emergency medical providers for you.

LIMITATION OF LIABILITY

WSF makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance in the Retreat. Client releases WSF from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable and unforeseeable. Client agrees that WSF will not be held liable for damages including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary from the use or misuse of WSF’s services or participation in the Retreat. Client understands WSF is not responsible for any personal injury, property damage, or any loss whatsoever incurred by Client arising from acts of omissions by any hotels, restaurants, tour services or other third party company or organization.

CONFIDENTIALITY

WSF respects Client’s privacy and insists that Client respects WSF’s and Retreat Participants’ privacy as well. While this cannot be a complete confidentiality provision because portions of the Retreat will be photographed and/or videotaped, WSF shall not disclose the Client’s personal information, including full name, address, e-mail or credit card information (“Confidential Information”).  

Information that Participants learn about each other during the course of the Retreat shall not be shared by one another outside of the Retreat.  Participants agree not to use such information learned from one another in any manner other than in discussion with WSF or other Retreat Participants during the course of the Retreat. Both Parties will keep this information in strictest confidence and shall use their best efforts to safeguard the Information and to protect it against disclosure, misuse, espionage, loss and theft, including the Confidential Information Client provides to WSF.

CONSENT TO VIDEO AND PROMOTIONAL PHOTOGRAPHY

Client hereby grants to WSF and its licensees, assignees, and other successors-in-interest, all rights of every kind and character whatsoever in perpetuity in and to Client’s appearance (hereinafter referred to as the “Appearance”) in connection with promotional footage and photography for the Retreat. Client hereby authorizes WSF to photograph and record (on tape, film, or otherwise), the Appearance; to edit at its discretion and to include with the appearance of others in the Retreat; and to use the Appearance in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name and likeness in connection with the Retreat.

Client hereby waives all rights, release, and discharge WSF from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use of Client’s Appearance. WSF owns all rights and proceeds resulting from Client’s Appearance. WSF is not obligated to utilize the authorization granted by Client hereunder.

INDEMNIFICATION

Client agrees to indemnify, hold harmless and defend WSF, and all its members, managers, officers, employees, contractor, agents, volunteers, or other representatives, and the owner(s), operator(s), and tenant(s) of any real property and improvements where the Retreat is being conducted and all their members, managers, shareholders, officers, employees, contractor, agents, volunteers, or other representatives (collectively, the “Indemnified Parties”) from any and all fault, liabilities, damages, costs, expenses, claims, demands, judgments, costs of defense, or lawsuits arising out of related to, or connected with: (1) my presence at or participation in the Retreat; (2) my use of any equipment or personal property used as part of the Retreat; (3) my occupation or use of the land and premises, including any buildings, houses or other improvements, used in connection with any portion of the Retreat (the “Premises”); and (4) any and all actions or omissions by me. Should any of the Indemnified Parties incur any expense or become obligated to pay any attorney’s fees or court costs in connection with reviewing, analyzing, compromising or defending any claims or demands arising out of the subject matter with respect to which indemnification is provided by this Agreement, or for purposes of enforcing this Agreement, I agree to reimburse such Indemnified Party for such expenses, attorney’s fees, or costs within a reasonable time, in no event to exceed ten days after receiving written notice from the Indemnified Party of such expenses, attorney’s fees, or costs.

WAIVER AND ASSUMPTION OF RISK

Client understands and is aware that participation in the Retreat involves risks. These risks may lead to tangible or intangible harm, including but, not limited to, injury, permanent harm, or death. Cleint agrees that such harm may result not only from my own actions but also from the actions of others. Client understands and expressly acknowledges that an inherent risk of exposure to COVID-19 exists in any place where people are present. Client is also aware that there are risks that he/she may not have considered.

Client waives for herself/himself and for any of her/his executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin any and all rights and claims for damages, injuries, losses, demands, and any other actions or claims, except for acts of gross negligence or willful or wanton conduct, that Client may have against any of the Indemnified Parties arising out of, related to, or connected with (1) the Retreat; (2) use of any equipment or personal property used as part of the Retreat; (3) the Premises, including, but not limited to, any latent defects in the Premises; and (4) personal property (whether or not entrusted to any Indemnified Party). The Indemnified Parties shall not be liable for, and Client on behalf of herself/himself, her/his executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin, release the Indemnified Parties from any and all such claims and liabilities, except for acts of gross negligence or willful or wanton conduct.

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 WSF 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 Client, Client is responsible for any and all arbitration and attorney fees.

MISCELLANEOUS

Client is over 18 years of age and emotionally, medically and physically able to enter into this Agreement and to participate in the Retreat. This Agreement binds Client and her/his executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin.

Client expressly agrees that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any provision of this Agreement is deemed invalid or otherwise unenforceable, the enforceability of the remaining provisions will not be impaired thereby.

Client agrees that this Agreement shall be construed, interpreted, and governed by the laws of the State of Maryland, without regard to conflicts of law principles. Client agrees that any lawsuit arising out of this Agreement or out of participation in the Retreat or activities of any of the Indemnified Parties, shall be brought in Baltimore County, Maryland.

In the event that a dispute arises between the Parties, the Parties agree that they will not engage in any conduct or communications with a third party, public or private, designed to disparage the other.

BY PARTICIPATING IN THIS RETREAT, I HAVE READ AND AGREE TO THE AGREEMENTS ABOVE.