referred to herein as “Participant”.
Jointly referred to as “parties” or individually as “party.”
WHEREAS, SSE offers hospitality services and Participant wishes to purchase such retreat.
NOW, THEREFORE, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. SERVICES. SSE shall provide Participant with accommodation (“The Stay”). During The Stay, SSE will provide Participant a bed, 3 meals, 2 snacks (all vegan), and all other inclusions listed within the Participant’s individual booking package.
2. TERM. The term of this agreement commences upon signature and expires on the final day of The Stay, unless terminated earlier by either party.
3. PAYMENT. The total cost of The Stay must be paid in full upon arrival as set forth below. Failure to make the payments as set forth below will result in automatic breach of this Agreement by Participant and all payments made by Participant will be forfeited by Participant.
a. 75% of total booking cost is a Non-Refundable Deposit due at time of execution of this Agreement. This deposit reserves your spot for The Stay and it is non- refundable.
b. Balance is due in cash on arrival.
4. CANCELLATIONS. SSE reserves the right to make any changes deemed necessary, including Stay cancellation as per SSE’s Terms and Conditions. All requests for cancellation by Participant must be submitted in writing, via email at the following email address: stillsaltyescape@gmail.com
a. The Participant shall forfeit the Non-Refundable Deposit (75% of total booking cost) upon cancellation of this Agreement regardless of the time of cancellation or the reason for the cancellation. There will be no exceptions, including, but not limited to, travel restrictions, quarantines, medical emergencies, lock downs, weather restrictions, illnesses, Covid-19, travel changes, border closings.
Non-Refundable Deposit are non-transferable and cannot be applied to a different retreat.
5. SEVERABILITY. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held
to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the
invalid provision.
6. NO WAIVER. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
7. GOVERNING LAW. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida and the parties agree to the exclusive jurisdiction of Palm Beach County, Florida.
8. ATTORNEY’S FEES. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums
that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.
9. MANDATORY ARBITRATION. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
10. RIGHT TO REFUSE SERVICE. SSE reserves the right to accept, decline, or retain any person as a participant for The Stay at any time without liability and without any obligation to
pay a refund or any other amount whatsoever. In maintaining the purpose and objective of the hospitality services, SSE may decline Participant from taking part of The Stay if Participant displays violent behavior, including, but not limited to language and/or actions. SSE is not responsible or liable for any participant who leaves The Stay prior to its conclusion or for any activity undertaken by the Participant that is not part of The Stay.
11. NO WARRANTIES. SSE makes no warranties or representations, stated or implied, regarding any aspect of The Stay. In particular, there is no guarantee, stated or implied, regarding:
a. The number of participants or the age of participants of The Stay.
b. The amount of time that SSEE staff, will be personally available during The Stay;
c. Photos posted on SSE’s website or visiting any specific sites shown on photos on SSE’s website;
d. The quality of workouts, skill sessions, instruction, or other subjective experiences on The Stay; or
f. Any other aspect of The Stay.
14. INSURANCE. Participant is strongly advised to obtain travel, medical, accident, cancellation, and baggage insurance independently. SSE will not provide Participant with any
insurance aforementioned and it is the sole responsibility of Participant to obtain.
15. ALLERGY DISCLAIMER. SSE provides meals and room and board to Participant, as such, SSE does not guarantee an allergen-free environment. Participant is aware that Participant will be exposed to food, activities, tangibles, and persons which may result in exposure to allergens and Participant acknowledges assumption of the risk. Participant shall be fully
responsible for any medical costs or expenses related to allergic reactions, food sickness, food poisoning or any other related conditions.
16. ROOMS AND ACCOMMODATIONS. SSE provides rooms/accommodations to Participant to provide a full experience retreat. Such accommodations include bungalows
(private or shared). SSE not responsible for providing security to Participants during The Stay. SSE is not responsible for any theft, damage, injury, loss, acts of terrorism, or the like, to Participant. Moreover, Participant expressly waives any right (whether in contract, tort, or both), to hold SSE liable for any of the aforementioned acts. Participant shall exercise ordinary care in safeguarding any personal belongings or possessions. Participant acknowledges Participant is entirely responsible for his/her personal safety, health, and well-being during The Stay.
17. PERSONAL EXPENSES. Participant shall be responsible for personal excursions, personal expenses, souvenirs, and anything else which is not expressly included in The Stay by
SSE.
18. CANCELLATION DUE TO TRAVEL CONDITIONS. SSE is not responsible or liable for any cancellations due to weather or travel conditions, including, but not limited to the following:
a. Any changes or delays in air schedules, missed airline or other carrier connections, or other services, local transportation, missed flights, cancelled flights;
b. Injury, loss, illness or damage to persons or property, including luggage and sponsored gift items;
c. Additional expenses resulting from changes in exchange rates, tariffs, visas, vaccinations or schedule change;
d. Defect in any vehicle or the act or default of any company or person engaged in conveying the Participants, or in carrying out the arrangements of the Retreat, or otherwise;
e. Additional expenses incurred or due to including but not limited to: sudden sickness, weather conditions, strikes, or other causes or acts of God; or
f. Losses due to cancellations.
19. PUBLICATION RELEASE. Participant may be photographed, audio-recorded and/or video-recorded during The Stay. SSE reserves the right to publish any such photographs, audio recordings, and video recordings without obtaining further consent from any participant. Participant authorizes SSE to use such recordings or images by SSE in the course of business, for
any lawful purpose, including for use on SSE’s website and marketing materials. Participant releases SSE and its representatives from any liability in connection with any such use of such photographs, audio recordings, and video recordings.
20. NO MEDICAL TREATMENT. Participant understands and acknowledges that The Stay is in no way psychotherapeutic or medical in nature. The Stay is not involved with the treatment of disease, illness, or condition of any kind and does not, in any way, substitute for medical diagnosis or treatment. SSE does not, or any of its volunteers, agents, assigns, officers, or employees treat, prescribe, or diagnose any illness, disease, condition, or any other physical or mental disorder. Any personal advice or answers provided during The Stay are for entertainment
purposes only.
21. PARAGRAPH HEADINGS. The titles or paragraph headings of this Agreement are merely for convenience and ease of reading and shall not be used to modify, simplify or aid in
the interpretation of the provisions of this Agreement.
UNCONDITIONAL AND FULL GENERAL RELEASE PARTICIPANT AGREES TO INDEMNIFY AND HOLD SSE, ITS OFFICERS, AGENTS, VOLUNTEERS, AFFILIATES, AND EMPLOYEES HARMLESS FROM ANY LIABILITY RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF SSE, ITS
OFFICERS, AGENTS, VOLUNTEERS, AFFILIATES AND EMPLOYEES AND FROM ANY SUIT, CLAIM, ACTION,
COUNTERCLAIM, LOSS, EXPENSE OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER AS A RESULT OF CLAIMS, DEMANDS, COSTS OR JUDGMENTS ARISING OUT OF THE ACTS OR OMISSIONS OF GLOW AND ITS OFFICERS, AGENTS,
VOLUNTEERS, AFFILIATES, AND EMPLOYEES.
PARTICIPANT FURTHER HEREBY AGREES TO INDEMNIFY AND
HOLD SSE, ITS OFFICERS, AGENTS, VOLUNTEERS, AFFILIATES, AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE, JUDGMENT, LIABILITY OR EXPENSE (INCLUDING
LEGAL FEES) SUFFERED BY OR RENDERED AGAINST SSE ON
ACCOUNT OF ANYTHING ARISING OUT OF THIS AGREEMENT.
PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES THERE
ARE INHERENT RISKS IN PHYSICAL TRAINING, INCLUDING
YOGA EXERCISE AND SURFING ACTIVITIES. PARTICIPANT
SHALL CONSULT WITH A PHYSICIAN PRIOR TO PARTICIPATING IN THE RETREAT AND OBTAIN PRIOR
APPROVAL TO PARTICIPATE.
PARTICIPANT RELEASES GLOW
FOR ANY MEDICAL EXPENSES, MEDICAL CARE, MEDICAL
NEEDS FOR ANY INJURY PRIOR, DURING OR AFTER THE
RETREAT. THIS INCLUDES MEDICAL EXPENSES, MEDICAL
CARE, MEDICAL NEEDS OR DAMAGE FOR ANY COVID-19
RELATED EXPENSES.
PARTICIPANT IS ENTIRELY RESPONSIBLE FOR ITS OWN PERSONAL SAFETY, HEALTH, AND MENTAL, PHYSICAL, EMOTIONAL, AND GENERAL WELL-BEING BEFORE, DURING, AND AFTER THE STAY. PARTICIPANT HEREBY RELEASES SSE,
ITS OFFICERS, AGENTS, VOLUNTEERS, AFFILIATES, AND EMPLOYEES OF ANY LIABILITY FOR ANY INJURIES OR
DAMAGES MENTALLY OR PHYSICALLY THAT PARTICIPANT, OR PARTICIPANT’LS FAMILY MEMBERS, MIGHT SUFFER DURING OR AFTER THE STAY.
WITNESS our signatures as of the day and date first above stated.