By purchasing a Retreat though Healiday LLC and/or by participating in any tours and/or add-ons provided by Healiday (host) , Sommaste (activities coordinator) or Laura Mendelson, you affirm that you and attendees accompanying you, fully understand and agree to the following Participant Waiver & Release of Liability and Terms and Conditions.
I acknowledge, attest, agree, and represent as follows:
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1. TERMS
A. The purpose of this agreement is to set forth the details of the Retreat in Sardinia, Italy, as detailed on the website www.healidayretreats.com.
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B. The retreat will include the following:
1.Six nights accommodation at the retreat center as listed on Retreat website.
2.All meals as outlined on Retreat website. Any meals not listed are at an additional fee.
3.Daily in person activities as detailed on Retreat website. All activities are subject to change due to extintuating circumstances such as inclimate weather or any other unforeseen circumstance. Other activities may be included.
4.. Any and all additional costs for lodging, transportation, food and other not listed above are the responsibility of the client. This includes airport and local transfers, souvenirs, offsite lodging, etc. Client acknowledges that no other costs beyond those described herein will be included in the cost of the retreat.​
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2. PAYMENT TERMS.
A.The Client will make payment via the website or other agreed upon method such as bank transfer or payment plan.
B.Payments are final, non transferable, and non-refundable. We strongly suggest that you get a travel insurance policy to protect yourself from any unforeseen circumstances.
Should client have to cancel or become unable to attend the retreat, the Client may be eligible to utilize the payment towards other Healiday Retreats, that must be redeemed within 1 year of the retreat dates. This is subject to availability.
3. DISCLAIMERS. By participating in the Retreat, Client acknowledges that the Host, Organizer, any representative of Healiday LLC or Sommaste, Laura Mendelson, or any other guest speakers are not acting as medical doctors, psychologists, therapists, lawyers, or financial advisors, and coaching and services provided do not replace the care of other professionals. Yoga, Lessons, Workshops or other healing modalities is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
The Host may provide the Client with information and/or products that the Host believe might benefit the Client, but such information is not to be taken as an endorsement. The Host is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information, products, herbal preparations or teachings provided.
The Host may provide Client with third-party recommendations or paid add-ons for such services as photography, classes, health and wellness, or other related services to utilize either during or after the retreat.
Client agrees that these are only suggestions and neither Host nor activities coordinator, nor Laura Mendelson will not be held liable for the services provided by any third-party to the Client. The Host is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials or examples shown through the Website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the participation in the Retreat.
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4.CLIENT RESPONSIBILITY; NO GUARANTEES. Client acknowledges that the Host has not and does not make any representations as to a future outcome of any kind that may be derived as a result of the Retreat. Client accepts and agrees that Client is 100% responsible for results from the Retreat. The Host makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance.
5. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Agreement, the Host maintains all of the copyright, other intellectual property rights, of their Materials. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Host to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the services and the products, systems, programs or processes, produced by the Coach pursuant to this Agreement.
6. RELEASE. The Host/Company may take photographs, videos, audio recordings, or other recordings during the Retreat that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Retreat, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
I agree to grant to Healiday LLC an irrevocable, sub-licensable, non-exclusive, perpetual, royalty-free right to use my photographic, video and digital likeness as well as any content submitted via website(s) or electronic mail, solely for our promotional and/or commercial purposes without further obligation or compensation.
7. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative towards Healiday Retreats and/or the Retreat hosts, or any of their programs, affiliates, subsidiaries, employees, agents or representatives.
8. LIABILITY WAIVER. While the Host will take every possible measure to ensure safety of the Client during the Retreat, the Host cannot control every circumstance. The Client is legally responsible for their safety and any belongings and agrees to, and will be held legally liable for the following statements:
I, the Client hereby accept all risk to my health and of my injury or death that may result from participating in the retreat and I hereby release the Host, and the Host’s respective affiliates, companies, officers, employees, interns, sponsors and representatives, as well as Sommaste, Moma Hotel and/or Tenuta Petra Bianca, from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation in the retreat, whether caused by negligence of the Host, employees, or representatives, or otherwise.
I further agree to indemnify and hold harmless the Host and any third-party from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the retreat. Under no circumstances will the Host or their assigns be held liable for my injury or death or any loss or damage of my personal belongings, any hotel or travel incidentals, including any damages, resulting from my participation in retreat.
Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Retreat, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify the Host verbally and in writing if I am at any time injured prior to, during, or after the retreat in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that the Host are not legally obligated to act on that information in any way or to providing any medical service whatsoever to me.
COVID-19 Assumption of Risk. I understand that while The Host/Company has undertaken reasonable steps to lessen the risk of transmission of COVID-19 (which includes related variants as well) in connection with the retreat, The Company is not responsible in any manner for any risks related to COVID-19 in connection with the retreat. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death.
I am fully aware that participation in the retreat (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks.
I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks. Furthermore, I represent and warrant that I do not suffer from any medical condition or disease that might in any way hinder or prevent me from receiving the Retreat, including, to my knowledge, COVID-19.
This COVID-19 Assumption of Risk, Release, and Waiver of Liability shall be binding on my heirs, executors, administrators, successors, and assigns. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
9. MEDICAL & HEALTH CONDITIONS. Client must make the Host aware at the time of booking any pre existing medical conditions, food allergies, or if Client is taking any specific medication, if Client does not make the Host aware of these at the time of booking, the Company will not be held responsible for any health issues that arise from possible contraindications. I agree to disclose any and all food allergies of myself or anyone in my party, to Healiday Retreats, via email, at the time of booking.
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10.FOOD ALLERGIES & ALCOHOLIC BEVERAGE CONSUMPTION
I understand that tastings may involve optional alcoholic beverages. If I am at legal drinking age with valid government issued identification, and I choose to consume alcohol before, during, or after the tour, I accept full and sole responsibility for my behavior, wellbeing, and health.
I understand and agree that the tour leader reserves the right to disqualify anyone at any time during the tour if he or she feels the tour participant is incapable and/or if a tour member’s continued participation will jeopardize the individual involved or the group. Refunds are not given under such circumstances.
I understand that I will be consuming food and beverages on this Retreat and I accept sole responsibility for all risks associated with my participation including food sickness, allergic reaction, and death. I am free to choose which foods, if any, I consume. I will not consume food to which I am allergic.
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11. INTERNET ACCESS & SECURITY. Wireless Internet access, where available, is not guaranteed and is provided subject to third party terms and conditions, which are available when accessing the system. The Host reserves the right to disclose Client’s details to the internet service provider if it is
discovered that Client illegally downloaded content from the internet or otherwise engaged in unlawful activity while at the Retreat.
12. CONSENT & RELEASE PERMISSIONS. By attending the Retreat, you, the Client, are entering an area where photography, audio, and video recording may occur. By attending you consent to photograph, video recording and audio recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes, advertising, and inclusion on websites.
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13. TRAVEL DOCUMENTATION & INSURANCE. It is the Client’s responsibility to ensure that she has all the relevant travel documentation, insurance and arrives at the airport on time. Not having the correct documents is solely the responsibility of the Client.
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14. TRANSPORT.
1. Host can accept no responsibility for delay or cancellation of any flights, train, buses or other forms of transport. I agree that Healiday LLC is not liable for delay or cancellation resulting from acts fire, natural disaster, strikes, or civil disturbance.
2. I am aware that streets along the tour route are open to vehicular traffic and I will obey all traffic laws/regulations.
3. I am aware that transportation is provided from the hotel to participate in other activities. I understand that there is a risk of vehicular accidents, and I hereby fully release Host, Activities Coordinator, and Laura Mendelson from any and all responsibility.
15. HEALTH & SAFETY REGULATIONS. The Client must comply fully with all and any health and safety regulations. The Client must ensure that she is medically and physically fit and able to use the facilities and participate in activities. If Client has injuries or illnesses she is advised to seek doctor’s advice if planning to do physical activities, and must also notify Host. The Host is not liable for any injuries to the Client in her use of facilities or participation in activities.
I fully understand and accept, without limitation, sole responsibility for all of the risks associated with my participation while on the tour, including injury and death whether through my own actions or those of other participants, tour guides, pedestrians, restaurant patrons, automobiles, public transportation, acts of nature or any other external parties.
I represent that I am in good health, in proper physical condition, and capable of walking long distances outdoors, practicing yoga, climbing, hiking, and any other physical activities offered on this Retreat in which I choose to participate.. I am encouraged to wear proper clothing, proper footwear, use sunscreen, and stay hydrated throughout the tour. I am sufficiently self-aware to stop physical activity before I become ill or injured.
If while on the tour I begin to feel faint or nauseous, I will notify the tour guide and seek medical attention if necessary. I understand that my safety is my sole responsibility. I understand while on the tour I may become injured or harmed. I assume sole responsibility for this risk and release Healiday LLC, its affiliates, companies, officers, employees, interns, sponsors and representatives, as well as Sommaste, and Laura Mendelson, from all liability or damages resulting from my participation.
I am aware that some streets, hiking trails and/ or pathways are not all paved, and I will wear proper shoes, and take extra care to examine my surroundings, and stay with the group at all times. I will not approach any wild animals I may encounter, and I assume sole responsibliity for this risk, and any injuries I may sustain. I hereby release and hold harmless Healiday LLC, Sommaste, Laura Mendelson, and any affiliates, Retreat hosts, interns, or any other collaborators from any and all liabilities relating to this.
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16. LOSS OR DAMAGE. Company cannot accept any responsibility for loss or damage of personal possessions or valuables of the Client.
I understand and agree that the loss, theft, or destruction of my belongings is my sole responsibility.
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17. LIABILITIES. Host shall not be liable for any failures beyond its control. This covers natural disasters, war, other ‘acts of nature’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors. The Host accepts no liability for loss, damage, injury or illnesses which may be received during the Client’s stay or travel.
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18. DISCLAIMER OF WARRANTIES. The retreat and activities involved provided by the Host under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.
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19. FORCE MAJEURE. In the retreat that any cause beyond the reasonable control of either Party, including without limitation acts of nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, country travel advisories, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
20. CHANGES AND CANCELLATIONS. Host may have to make changes to details before and after the retreat has been confirmed, and during the retreat, and/or cancel the confirmed retreat. The Host will endeavor to avoid changes and cancellations but reserves the right to do so. If the Host must cancel, Client will be informed as soon as possible, and Host will make every attempt to reschedule for an agreed upon future date or refund your payment.
21. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial
arbitration demand and shall take place in the reception via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.
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22. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the United States, regardless of the conflict of laws principles thereof.
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23. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.
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24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Host.
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I waive liability and release Healiday LLC, its affiliates, owners, vendors, operators, agents and employees, Sommaste, its affiliates, owners, vendors, operators, agents and employees, and Laura Mendelson, from any and all actions, suits, claims, controversies, damages, judgments and executions whatsoever, in law or in equity, direct or indirect, known or unknown, foreseeable or unforeseeable, which I may have or acquire, arising from, concerning or related to entry in, travel to or from and/or participation in Healiday Retreats.
The parties have caused this Agreement to be signed by their duly authorized representatives as of the Effective Date.
I agree to the terms and conditions of this contract.
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