Thank you for choosing to go on a life-affirming adventure of yoga and mindfulness with Stacie Finucan Yoga and Thrive Health & Wellness, LLC! It is our pleasure to offer retreats around the world to inspire, rejuvenate, and build community. We are so grateful for your participation!
It is your responsibility to fully understand the terms and conditions for the retreat. Before submitting your non-refundable deposit, please review and complete the Retreat Attendee Contract and ensure that you have read carefully what is and is not included in your retreat package.
RETREAT ATTENDEE CONTRACT
In consideration of my participation in and presence at a yoga/wellness retreat (the “Retreat”) performed and operated by Stacie Finucan Yoga and Thrive Health & Wellness, LLC (“TH&W”), as well as my use of the premises at which such Retreat is conducted, as well as other good and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby agree to the following Retreat Attendee Contract (the “Agreement”):
INDEMNIFICATION, WAIVER, AND ASSUMPTION OF RISK
I understand and am aware that my 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. I acknowledge that such harm may result not only from my own actions but also from the actions of others. I understand and expressly acknowledge that an inherent risk of exposure to COVID-19 or other infectious agents exists in any place where people are present. I am also aware that there are risks that I may not have considered and/or are unknown to both me and TH&W.
I hereby agree that by signing this document, I consent to waive certain legal rights, including the right to sue TH&W (collectively representing its employees, owners, officers, directors, representatives, agents, volunteers, and Retreat leader[s]/facilitators) from any physical, material, tangible or intangible, loss or damages that may happen to me during or resulting from my participation in the Retreat.
I therefore agree to indemnify, hold harmless, and defend TH&W and the owner(s), operator(s), and tenant(s) of any land and premises (including any buildings, houses, or other improvements used in connection with any portion of the Retreat) where the Retreat is conducted (the “Premises”) (collectively, the “Indemnified Parties”) from any and all rights and claims for damages, injuries, losses, claims, 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 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.
RETREAT TERMS & CONDITIONS
This document outlines the terms and conditions (“Terms and Conditions”) of TH&W wellness retreats. By booking a Retreat with TH&W, I agree to these Terms and Conditions and confirm that I have read this Agreement carefully before submitting my non‑refundable deposit.
1 – Retreat payments
To reserve a place at a TH&W Retreat, each attendee must agree to these Terms and Conditions and submit a non-refundable deposit as specified on the enrollment page for the applicable Retreat. All payments must be made in United States currency (USD). TH&W accepts MasterCard, Visa, Discover, and American Express for payments (or other payment types by mutual agreement between attendee and TH&W). All final payments are due at least 45 days prior to the start of the Retreat unless other arrangements are agreed to in writing and approved by TH&W. Failure to pay the full cost of the Retreat by the final payment deadline may result in me being removed from the Retreat without refund of monies paid (TH&W will make every effort to avoid this situation by contacting any attendee with an unpaid balance prior to and up to the day of the balance due date). For Retreat enrollments less than 45 days before the Retreat start, the entire Retreat price must be paid immediately upon booking and will be non‑refundable.
2 – Expenses not included in Retreat price
All travel arrangements are the responsibility of the attendee and are not included in the cost of the Retreat listed on the retreat-specific web page. Additional items not included in the price for each Retreat will be specified on the retreat-specific web page. TH&W shall not be held responsible for any consequences arising from delays or cancellations by any of the companies with whom any attendee makes arrangements (including both travel-related companies and insurance companies), or for any irregularities in any documentation required for travel. In some cases, ground transportation between the Premises and the applicable nearby airport(s) may be arranged by the Retreat leader(s); if I choose to make use of the arranged ground transportation, this will be at my own cost unless otherwise specified.
3 – Price guarantee
TH&W retreat prices are subject to change without notice. However, my price for any Retreat for which I submit a non-refundable deposit will be locked and guaranteed when TH&W receives my deposit.
4 - Itineraries are subject to change
While TH&W will do its best to follow the planned itinerary, it is possible that unexpected events could necessitate a change in the itinerary or schedule; in some cases, modifications to the planned schedule for any given day may be adjusted based on requests from retreat participants (e.g., to accommodate planned excursions) or Retreat leader(s) (e.g., in case of illness). TH&W will endeavor to provide all services described in the itinerary but reserves the right to make any changes deemed necessary; including, but not limited to: advertised excursions, arranged transportation, yoga class schedule, advertised meals, etc. Uncompleted portions of the itinerary are not cause for refund.
Retreats require a minimum number of participants based on contractual obligations with the hosting retreat center. In the rare case of a cancellation due to failure to enroll the required minimum number of participants, TH&W will offer a transfer to another Retreat (if possible) or a full refund of payments (see Section 7). TH&W is not responsible for any expenses or damages incurred as a result of cancellation of any Retreat, including preparation costs; airline tickets; travel documents (e.g., visas, passports); vaccination charges; gear purchases; departure, airport, or airline taxes; or other expenses.
5 - Returned payments
If a payment to TH&W is returned unpaid for any reason, TH&W will assess a $50 returned-item fee per occurrence. The fee(s) will be added to the applicable retreat balance and must be paid in full prior to the start of the Retreat.
6 - Transferring to another Retreat
Up to 60 days prior to the first day of the Retreat, I can transfer to any other TH&W Retreat with space available in the same calendar year (or, on a case-by-case basis, in the following year with approval by TH&W), applying the existing non-refundable deposit to the new Retreat with no transfer fee. If I transfer to a different Retreat, the price of the newly selected Retreat will be applied based on the price in effect on the date TH&W confirms the transfer. Transfers less than 60 days before a retreat generally are not possible but may be considered on a case-by-case basis at TH&W’s sole discretion.
7 - Cancellations, refunds, and credits
All retreat deposits are non-refundable. There will be no refunds paid after the payment deadline mentioned in Section 1 above (i.e., 45 days prior to the start of the retreat). Exceptions to the TH&W cancellation policy will not be made for any reason, including weather, terrorism, civil unrest, health changes, personal emergencies, or otherwise. There will be no refund for arriving late or leaving a Retreat early. Retreat attendees are strongly encouraged to purchase travel insurance to protect their investment.
Cancellations on or before 60 days prior to the start of the Retreat will result in forfeiture of the non‑refundable deposit, and the remainder of any payments made by the cancelling attendee will be refunded within 30 days of the cancellation. Cancellations by an attendee less than 60 days prior to the start of the Retreat will result in forfeiture of all monies paid unless a transfer is arranged as described in Section 6.
8 - Retreat forms, obligations, and risks
All attendees are required to review and accept this Agreement prior to submitting the non‑refundable deposit. Altering the Agreement could result in expulsion from a Retreat at my own expense.
9 – Participation
It is possible that an attendee could engage in behaviors that are incompatible with the safety, comfort, or convenience of other attendees. In those circumstances. TH&W has the exclusive right and discretion to expel someone (even me) from a Retreat at any time. If I am asked to leave a Retreat for behavioral issues, no refunds will be granted. Attendees will not be entitled to any refunds based on disturbances arising from the behavior of other attendees or any Indemnified Parties.
10 – Physical well-being and medical emergencies
TH&W does not provide medical emergency personnel at Retreats. I warrant that I am emotionally, medically, and physically able to participate in the Retreat. I will notify TH&W prior to the start of the Retreat regarding any health conditions that could pose a risk to myself or anyone else. If I have an emergency that is determined, in the opinion of TH&W or the Retreat leader(s), to require medical treatment, I authorize TH&W to contact emergency medical providers for me.
I acknowledge that Retreat leader(s) may make suggestions that are intended to help me and my well-being. However, I take full responsibility for my choices and realize that TH&W and the Retreat leader(s) are not licensed physicians and that I must consult my own doctor.
If I experience pain or discomfort during the Retreat, I will modify the Retreat leader’s instruction to suit my individual needs. I will not hold TH&W responsible for any pain or discomfort I experience during or after the Retreat. I understand that the activities offered on this Retreat are not a substitute for medical care. TH&W bears no responsibility for the services provided by any practitioners (e.g., massage therapists or other care providers available at the Retreat center) associated with the Retreat.
11 – Photography and Videography
I understand that attendees may take photographs and/or video of events, activities, and/or other attendees. If I do not wish to be included in such photographs or videos, it is my responsibility to discuss this with other attendees. TH&W will bear no responsibility for the use (via social media or otherwise) of any photographs or videos taken by retreat attendees. If I do not approve of the use by any Indemnified Parties of photographs and/or video of me taken in association with the Retreat for the purposes of advertising and/or promoting TH&W and/or the Retreat leader(s), I will provide a written request to the Retreat leader(s) in advance of the Retreat; in this case, TH&W will make a good faith effort to avoid inclusion of images of me in promotional materials. TH&W will not be responsible for inadvertent oversight of my imagine appearing in the background of any given image. Under no circumstances will I be entitled to any compensation or royalties for the use of any image/video in which my likeness appears or in which the sound of my voice can be heard.
12 – Assignment of Lodging
Retreat rates noted on the retreat‑specific web page are per person. Double or otherwise shared rooms (e.g., triple/quadruple occupancy) require the applicable shared occupancy for the specified room rate. If I book a shared room without specified roommate(s), TH&W will endeavor to match me with my desired room type and price point. In the event a roommate cannot be identified for my first choice of room configuration, TH&W will present alternate rooming options to the extent that options are available. If my requested lodging configuration is not available, I agree to pay the full cost of the actual assigned lodging configuration, up to and including the single room rate, if applicable.
ACKNOWLEDGEMENT (REQUIRED)
I am over 18 years of age and am emotionally, medically, and physically able to enter into this Agreement and to participate in the Retreat. This Agreement binds me and my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin.
I expressly agree 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. I agree that this Agreement shall be construed, interpreted, and governed by the laws of the State of Colorado, without regard to conflicts of law principles.
I have read this Agreement fully and I understand and agree to its terms. I acknowledge that I have the right to have my attorney review this Agreement and advise me regarding my rights and obligations.
