This Retreat Agreement, hereinafter referred to as "Agreement," is made between the retreat organizer ("Organizer"), specifically as follows:
Travel Advisor Training by Marcie, a limited liability company, organized under the laws of the state of Florida, having its principal place of business at the following address:
9124 Shenandoah Run
Wesley, Chapel FL 33544
Website Address: www.thetraveladvisormarcie.com (the "Website")
Email: marciemuensterman@gmail.com (the "Business Email") and momentumretreat@gmail.com
Telephone 317-362-2685
and you, as a user of this website and guest of the retreat ("Guest").
Your attendance at the Retreat, as defined below, is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By clicking "Purchase," "Confirm," "Attend," or undertaking any other affirmative action manifesting your intent to attend to Retreat, including providing the Organizer with credit card or billing information to be charged for attendance at the Retreat, you acknowledge and agree that you are entering into a legally binding agreement with the Organizer.
YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO ATTEND ANY OF ORGANIZER'S RETREATS.
Organizer and Guests may be referred to individually as "Party" and collectively as the "Parties."
Article 1 - RETREAT TERMS:
The details of the Retreat are as follows:
Name of Retreat: Momentum Retreat 2024 (the "Retreat")
Type of Retreat: Travel Advisor Business Retreat
Accommodation Type: Majestic Elegance Costa Mujeres
Departure Date: 09/21/2024
Return Date: 09/25/2024
Location:
Playa Mujeres, Carretera Libre 85 Punta Sam, Isla Blanca 85, Supermanzana 6 Manzana 2, 77400 Costa Mujeres, Q.R., Mexico
Total Fees: $2,777 (two thousand seven hundred seventy-seven US dollars) ("Total Fees") or $2577 (two thousand five hundred seventy-seven) for Early Bird Registrants double occupancy.
$3377 (three thousand three-hundred seventy-seven US dollars) or $3177 (three thousand one hundred seventy-seven) for single occupancy.
$950 (nine hundred fifty dollars) for guests.
Mandatory Insurance: $139 per person non-refundable for GPP+ insurance
Additional details regarding the Retreat, such as included meals and amenities, transportation, etc., if applicable, will also be included on a page shown to you prior to full purchase or provided to you through emails and additional communications prior to the Retreat. Any such page is hereby incorporated by reference and shall be considered part and parcel of this Agreement.
Article 2 - CONFIRMATION:
In order to purchase the Retreat package, the following steps must be taken:
1. Register for the Momentum Retreat through a custom Jotform.
2. Make a nonrefundable $300 deposit using a link to Wave.
3. Make 2nd payment by April 15, 2024
4. Final payment is due June 15, 2024
5. Confirmation received via email within 7 days of payments.
Organizer may request the provision of additional information, such as identification and travel information and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the Retreat, including the itinerary.
Please be advised the itinerary is subject to change and may be modified by Organizer at any time. You hereby acknowledge and agree that Organizer has a right to do so for any reason, including, but not limited to weather, third-party vendors or providers, exponential costs, and any local circumstances which Organizer deems unfit for travel.
Article 3 - PAYMENT:
At the time of booking the Retreat, a deposit of the following amount: $300 (three hundred US dollars) ("Deposit") is due per person.
The Deposit shall be paid prior to the following date: 05/01/2024 or until 30 registrants have paid a deposit, whichever comes first. The Deposit of $300 is nonrefundable. If you cancel your spot in the Retreat, you will not be entitled to any refund of the Deposit.
The entirety of the Total Fees to be paid by June 15th, 2024
If the Total Fees are not received by the Organizer by the date listed above by June 15, 2024, your spot may be canceled without prior notice to you and the Cancellation Policy will be assessed.
Article 4 - ADDITIONAL ITEMS:
You are solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as passports, as well as any required and applicable travel visas, immunizations, or other required documentation for the locations being visited. Organizer is not liable or responsible for any Guest being denied entry or exit to or from any location or country.
Article 5 - TRAVEL INSURANCE:
All guests are required to purchase and maintain travel insurance during the entire length of the Retreat (including through the return date). Guests are individually responsible for paying for travel insurance and ensuring adequate coverage. 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.
Organizer is not responsible or liable for any loss, damage, expense, cost, or any other travel issue. You will not be permitted to travel on the Retreat without providing proof of travel insurance.
Article 6 - PAYMENTS, FEES, CANCELLATIONS, HURRICANE POLICY
Payment Schedule and Fees:
Full Retreat Payment: The full retreat fee of is due no later than June 15, 2024. You may pay in full at any time.
Deposit: A non-refundable deposit of $300 is required to secure your spot. This deposit is due at the time of registration and applied towards the total retreat fee, including holding your room in the group contract.
Payment Methods: We accept all major credit cards.
Late Payments: Any payment received after the due date will be subject to a late fee of $50 a month after 3 days of nonpayment.
Non-Payment: If your full retreat fee is not received by June 15, 2024, your registration may be canceled, and you will forfeit your non-refundable deposit.
You may pay in full at anytime.
Cancellations and Refunds for the 2024 Momentum Retreat:
Payment Schedule & Cancellation Policy:
$300 non refundable deposit: Due at time of booking + $139 for GPP+ insurance.
50% of remaining balance non-refundable: Due April 15, 2024
Remaining balance non-refundable: Due June 15, 2024
All payments become non refundable at the time they are due.
CANCELLATION:
$300 non refundable deposit: Due at time of booking + $139 for GPP+ insurance.
50% of the payment is nonrefundable April 16-June 14, 2024
100% of the payments is nonrefundable June 15, 2024-dates of travel
Cancellation Notice: If a Guest chooses to cancel, Guest must email in writing your request to cancel and a cancellation form will be required to be filled out at the time of cancellation.
If there is an eligible refund, all refund payments will be sent within 90 days of cancellation notice based on the day of cancellation.
Please Note: Insurance will not cover the Momentum Retreat portion of the costs. Group Protection Plan+ insurance through the group contract will only cover the room expenses and taxes. It is cancel for any reason; however it does not protect the investment in the Retreat.
Cancellation by Momentum Retreat Organizer, Marcie Muensterman: Reserves the right to cancel the retreat for any reason.
In the event of cancellation, the Organizer will send an email detailing the information.
Organizer will provide a full refund of all payments received within 90 days of cancellation, excluding the non-refundable $300 deposit.
Hurricane Policy: Because the Momentum is being held at the height of hurricane season, we do have a policy in place to protect the MOMENTUM RETREAT PORTION of the costs. Please keep in mind, travel insurance is going to be needed to cover the hotel portion, per a third party insurance company of your choosing or by purchasing GPP+ through the group contracted pricing.
Pre-Retreat: If a hurricane is forecasted to make landfall in the immediate area of the retreat location, at Costa Mujeres, Q.R., Mexico, Majestic Elegance Costa Mujeres within 3 {three} days of September 20, 2024 {Organizer/Marcie Muensterman's day of arrival} we will make a decision between the following options:
Full Refund: You may choose to cancel your registration and receive a full refund of all payments made toward the retreat portion and file insurance for the hotel portion, excluding the non-refundable deposit of $300.
Postponement: We may postpone the retreat to a later date. If you are unable to attend on the new dates, you will receive a full refund of all payments made and file insurance for the hotel portion, excluding the non-refundable deposit.
During Retreat: If a hurricane warning is issued for the retreat location during the event, we will follow the guidance of local authorities and make decisions regarding evacuation or shelter-in-place procedures based on the safety of all participants. In the event of evacuation, additional expenses incurred due to early departure or relocation will be the responsibility of the participant. No refunds will be offered and you'll need to file with insurance for all additional expenses incurred.
Article 7 - MEDIA RELEASE:
You acknowledge and agree that before and during the Retreat, you may be subject to photographs, video, sound recordings, or other media captures of your face, name, voice, or likeness. In consideration for your participation in the Retreat, you hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitization, and/or re-release of the Released Media, as defined below, by the Organizer, as well as any employees, affiliates, associates, representatives, or agents (collectively referred to as the "Release Receiver") for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.
The Released Media will include, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, and all other media currently known or hereinafter developed, captured of you or your likeness before and during the Retreat by the Release Receiver.
You hereby release the Release Receiver from any and all claims and demands arising out of or in connection with any use of the Released Media, including, without limitation, claims for privacy violations, right of publicity claims, defamation and/or any other intellectual property rights. You claim no ownership of the Released Media and forego any opportunity, whether past or present, to copyright or trademark the Released Media.
You give consent to the use of this Released Media while knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not make known to any party in any medium my known or previously known location, email or physical address, or any other contact details, such as phone number.
Article 8 - VOLUNTARY PHYSICAL PARTICIPATION:
You hereby acknowledge and agree that you will voluntarily be participating in certain physical activities ("Physical Activities") on the Retreat. The Physical Activities may include, but are not limited to: walking, swimming, hiking, biking, yoga, fitness activities, climbing, or other types of strenuous physical activities.
You understand and are aware that your participation in the Physical Activities involves risks. These risks may lead to tangible or intangible harm, and you agree that they may result not only from your own actions but also from the actions of others. With the knowledge and understanding of these risks, you choose, of your own will and volition, to continue participating in the Physical Activities.
You also acknowledge and agree that there are risks that you may not have considered, yet you waive your right to any claims that may occur from these unconsidered risks and choose, of your own will and volition, to participate in the Physical Activities.
You acknowledge and agree that by attending the Retreat you consent to waive certain legal rights, including the right to sue the Organizer, and, if applicable, its owners, employees, agents, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to you during your participation in any of the Physical Activities undertaken while under their instruction or thereafter.
Article 9 - COVID POLICY AND HEALTH ELIGIBILITY:
COVID POLICY:
COVID-19 AND OTHER COMMUNICABLE OR INFECTIOUS DISEASES: You agree, understand, and acknowledge, that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present, including an airline, airports, cruise line, resorts international or domestic, when traveling. “Communicable disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions are at higher risk for severe illness and death from COVID-19. Relevant public health authorities, including but not limited to the CDC, are referred to herein as “Public Health Authorities.” You acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that you will expose others that you encounter, even if you are not experiencing or displaying any symptoms of illness. You acknowledge and agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of yourself or others. You acknowledge that your embarkation and participation in this vacation, internationally or domestically, is entirely voluntary. By embarking and participating in this vacation you attest you are knowledgeable about your individual risk of developing severe illness if you are infected with COVID-19; you have made an informed decision about traveling, both domestically and internationally, based on your individual risk; and you have decided whether to consult with a health care provider based on your individual risk.You further acknowledge and agree to abide by and consent to all COVID-19 rules, regulations, mandates and safety protocols issued by airlines, countries, cruise lines/resorts and/or Public Health Authorities including but not limited to: (a) Submission to mandatory COVID-19 testing at such times and frequency as required by Public Health Authorities or airlines, countries, cruise lines/resorts, which may include testing before and after your cruise; (b) submission to enhanced health screening for signs and symptoms of COVID-19 or known exposure to COVID-19; (c) denial of boarding, checking in or participating in activities throughout the cruise or at the resort due to signs and symptoms of a possible COVID-19 infection or known exposure to COVID-19 as determined by the airlines, countries and cruise lines/resorts at its sole discretion, in accordance with technical instructions or orders by Public Health Authorities; (d) participation in contact tracing and data collection for COVID-19 surveillance; (e) mandatory shipboard or resort isolation and/or quarantine at the sole discretion of the shipboard or resort on location physician; (f) mandatory disembarkation and/or evacuation from cruise ship or resort due to a suspected COVID-19 infection by you or someone else onboard your cruise or in your room/suite at a resort (Evacuation and disembarkation may occur in a foreign port or a port outside your original cruise itinerary); (g) post-cruise or resort and country quarantine instructions; (h) mandatory daily temperature checks; (i) mandatory use of face coverings/face masks in accordance with guidelines by Public Health Authorities and (j) following the airlines, countries and resorts physical distancing requirements. FINANCIAL RESPONSIBILITY: You may also be held in quarantine isolation if you test positive for Covid-19 until a negative PCR can be obtained and endure the additional financial liability onsite for additional testing and your stay at the property per the guidelines, regulations, mandates and safety protocols from the countries, airlines and cruise line/resort.You further acknowledge that the COVID-19 rules, regulations, mandates, and safety protocols issued by the airlines, countries and resorts and/or Public Health Authorities and/or other governing bodies are subject to change. The airlines, countries and resorts reserve the right to change any health and safety protocols, including, but not limited to, requirements on vaccinations, masks, and physical distancing related to COVID-19 at its sole discretion, without notice, both prior to and during your presence on the cruise ship. It is your sole responsibility to confirm any changes to any health and safety protocols that may be applicable and ensure compliance with all health and safety protocols in effect, vaccination requirements, testing before or during your vacation, on the cruise ship, at the resort and / or the country or countries you will be traveling to. You further acknowledge and agree to review any CDC travel advisory, warning, or recommendation relating to international or domestic travel prior to making your reservation. Marcie Muensterman, your travel consultant with Cruise Planners, LLC, Travel Advisor Training, LLC is in no way responsible for any issue, additional financial burden, long term medical stays or quarantining related to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of yourself or others while traveling. By going on this vacation, traveling international or domestic, to a resort, on a cruise ship, to another country, you are taking sole responsibility and waiving all rights to sue or hold liable Marcie Muensterman, your travel consultant with Cruise Planners, LLC, Marcie Muensterman, your travel consultant with Cruise Planners, LLC, Travel Advisor Training, LLC or Cruise Babe, LLC for any and all issues short or long term related to COVID19.
Your participation in the Retreat indicates your acknowledgment and agreement with, as well as your warranty of, the following statements:
(a) It is my responsibility to consult a physician before participating in this or any Retreat to ensure my eligibility for strenuous Physical Activity and I affirm that I have no medical conditions that would restrict me from participating in any of the Physical Activities.
(b) I agree to hold the Organizer, and if applicable, its employees, owners, agents, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Retreat. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.
(c) I agree that if I do experience medical issues, I will contact my doctor immediately.
(d) I agree and verify that all of the information that I have given the Organizer and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
(e) I agree and verify that If I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold the Organizer harmless against all liability for any damages that may occur to myself or to others because of my actions or inactions.
(f) I agree to keep the Organizer apprised of any changes or upcoming changes concerning my physical health and personal information.
(g) I understand and agree that it is my responsibility to let the Organizer know if I find myself in any pain or discomfort before, after, or during the Retreat.
(h) If I do require medical treatment or attention while or after participating in the Retreat, I agree that the medical costs are mine and mine alone and hold the Organizer blameless from any charges, fees, or costs that my conditions may incur.
(i) I specifically acknowledge and agree that these clauses are not intended to be a general release, which would be limited under some state and local laws.
Article 10 - GENERAL ASSUMPTION OF RISK:
You agree and understand that your participation in the Retreat may involve risks. These risks may lead to tangible or intangible harm, as discussed above. Additional risks, such as those risks involved in being in another country, a country where medical services are not available, or a country with an unsteady political, cultural, or geographical climate, may also be present.
It is your responsibility to familiarize yourself with all possible risks involved in participation in the Retreat. You agree that Organizer is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Retreat.
YOU ACKNOWLEDGE THAT YOUR DECISION TO ATTEND THE RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED ABOVE AND THAT YOU ARE ATTENDING OF YOUR OWN WILL AND VOLITION. YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT. IN NO EVENT WILL ORGANIZER BE LIABLE FOR ANY LIABILITIES, CLAIMS, OR DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.
Article 11 - AIRFARE:
Participant Responsibility: Participants are responsible for booking and paying for their own airfare to and from the retreat location by June 15, 2024.
Travel Costs: Please be aware that airfare costs can vary depending on your departure city, dates, and preferred airlines.
Article 12: Participant Conduct: Behavior and Alcohol on the Momentum Retreat
Responsible Consumption:
Participants are expected to consume alcohol responsibly and in moderation. Excessive alcohol consumption that disrupts the retreat or endangers others will not be tolerated.
Open containers of alcohol will be allowed only in designated areas, not during workshops in the conference room.
Participants are encouraged to be mindful of their own limits and avoid peer pressure to overindulge.
Respectful Conduct:
All participants are expected to behave in a respectful and professional manner towards each other, resort staff and fellow guests of the resort, regardless of their level of intoxication.
Disruptive or inappropriate behavior, including aggression, verbal abuse, or harassment, will not be tolerated and may result in removal from the retreat without refund.
Participants are responsible for ensuring their own safety and well-being, and for refraining from activities that could put themselves or others at risk.
Consequences of Violating Terms:
Any participant who violates these terms regarding behavior or alcohol consumption will be subject to disciplinary action, which may include:
Verbal warnings
Removal from specific activities or events
Removal from the retreat without refund
Reporting to local authorities, if necessary
Article 13 - TRAVEL DOCUMENT RESPONSIBILITY
Your passport must be valid for at least 30 days beyond your planned return date from Mexico. Organizers are not responsible for verifying passport validity or any consequences arising from invalid travel documents.
Your participation in Momentum Retreat is contingent upon having a valid passport for travel to Mexico. Non-refundable cancellation fees will apply if you are unable to attend due to an invalid passport.
Article 14 - RELEASE OF LIABILITY:
Guest hereby releases Organizer, as well as any of Organizer's affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Guest's dispute with any other Guest, Organizer, and its affiliates, Resort property, or Airline..
Article 15 - TERMINATION:
This Retreat Agreement shall continue until canceled as specified above by either Party or until the Guest attends and completes the Retreat. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 16 - INTELLECTUAL PROPERTY:
Guest acknowledges and agrees that the Organizer's name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organizer or its affiliates, licensors, or suppliers.
Guest acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Organizer and its affiliates, licensors, and suppliers.
Guest expressly agrees not to do anything inconsistent with Organizer's ownership of all of the intellectual property discussed herein. Guest further agrees that there are no rights, title, or interest in or to any of the Organizer's Intellectual property. In addition, Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Organizer or any third party.
Article 17 - RESTRICTIONS:
Guest is prohibited from selling or reselling Guest's space in the Retreat, unless Guest has specifically executed a written agreement with Organizer that expressly allows for such activity.
Article 18 - INDEMNIFICATION:
To the fullest extent permitted by law, Guest shall defend, indemnify and hold harmless Organizer, consultants, affiliates, from and against any and all direct claims, liabilities, costs, damages, citations, penalties, fines, attorneys’ fees, losses, and expenses of whatever nature arising out of or resulting from Guest attendance; including loss of use of any property resulting therefrom, but only to the extent caused in whole or in part by breach of this agreement or by negligent or otherwise wrongful acts or omissions of Guest. Guest’s obligations under this Paragraph shall be enforced regardless of whether or not the indemnified Claim is caused in part by one or more Indemnitees.
In the event of any Indemnified Claim, or any threat thereof, Organizer may retain any and all monies due or to become due to Guest under the agreement in an amount sufficient to assure Guest obligations under this Article. This right of retention is in addition to, and is intended to complement, that set forth in this Article hereof.
Notwithstanding any provision to the contrary in any applicable law, including any statute of limitations, an Indemnitee’s claim for indemnification by Guest shall not accrue, and any applicable statute of limitations shall not begin to run, until Indemnitee’s payment of a final judgment, arbitration award or settlement arising out of any Indemnified Claim.
With respect to any matter to which Guest defense obligations apply, the Indemnitee shall have the right, in its sole discretion, to assume its own defense. If the Indemnitee assumes its own defense, or if the Indemnitee incurs expenses or fees in connection with a defense undertaken by Guest, Guest shall reimburse the Indemnitee for all attorneys’ fees and other expenses related to the preparation and defense obligations to the Indemnitee, such payment to be made within ten (10) days after Guest’s receipt of a statement of such fees and expenses. Guest’s obligations to defend the Indemnitee shall be independent of and in addition to Guest’s indemnity obligations, and shall apply to the fullest extent permitted by law.
Article 19 - REPRESENTATION:
Guest agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement or that they have their parent or guardian consenting for them to attend the Retreat.
Article 20 - SEVERABILITY:
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.
Article 21 - DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Florida. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organizer will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Article 21 - GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of Florida without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Pasco County.
Article 22 - Local Governing Law: Majestic Elegance Costa Mujeres is located in Costa Mujeres, Mexico
All participants are responsible for knowing and following the laws of the retreat location. We encourage you to familiarize yourself with local regulations, laws of bringing items into the country and consequences for breaking local laws before attending.
The ORGANIZER will cooperate with local authorities to ensure the safety and well-being of all participants. We encourage participants to report any concerns or incidents to retreat staff or local officials.
Article 23- HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.
Article 24: MODIFICATIONS:
Organizer reserve the right to modify these Terms & Conditions at any time without prior notice. We will send an amendment immediately.
By registering for the Momentum Retreat, you agree to abide by these terms and conditions. We encourage all participants to enjoy the retreat responsibly and contribute to a safe and positive experience for everyone. We look forward to welcoming you to Momentum 2024!
Travel Advisor Training by Marcie, a limited liability company, organized under the laws of the state of Florida, having its principal place of business at the following address:
9124 Shenandoah Run
Wesley, Chapel FL 33544
Website Address: www.thetraveladvisormarcie.com (the "Website")
Email: marciemuensterman@gmail.com (the "Business Email") and momentumretreat@gmail.com
Telephone 317-362-2685
and you, as a user of this website and guest of the retreat ("Guest").
Your attendance at the Retreat, as defined below, is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By clicking "Purchase," "Confirm," "Attend," or undertaking any other affirmative action manifesting your intent to attend to Retreat, including providing the Organizer with credit card or billing information to be charged for attendance at the Retreat, you acknowledge and agree that you are entering into a legally binding agreement with the Organizer.
YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO ATTEND ANY OF ORGANIZER'S RETREATS.
Organizer and Guests may be referred to individually as "Party" and collectively as the "Parties."
Article 1 - RETREAT TERMS:
The details of the Retreat are as follows:
Name of Retreat: Momentum Retreat 2024 (the "Retreat")
Type of Retreat: Travel Advisor Business Retreat
Accommodation Type: Majestic Elegance Costa Mujeres
Departure Date: 09/21/2024
Return Date: 09/25/2024
Location:
Playa Mujeres, Carretera Libre 85 Punta Sam, Isla Blanca 85, Supermanzana 6 Manzana 2, 77400 Costa Mujeres, Q.R., Mexico
Total Fees: $2,777 (two thousand seven hundred seventy-seven US dollars) ("Total Fees") or $2577 (two thousand five hundred seventy-seven) for Early Bird Registrants double occupancy.
$3377 (three thousand three-hundred seventy-seven US dollars) or $3177 (three thousand one hundred seventy-seven) for single occupancy.
$950 (nine hundred fifty dollars) for guests.
Mandatory Insurance: $139 per person non-refundable for GPP+ insurance
Additional details regarding the Retreat, such as included meals and amenities, transportation, etc., if applicable, will also be included on a page shown to you prior to full purchase or provided to you through emails and additional communications prior to the Retreat. Any such page is hereby incorporated by reference and shall be considered part and parcel of this Agreement.
Article 2 - CONFIRMATION:
In order to purchase the Retreat package, the following steps must be taken:
1. Register for the Momentum Retreat through a custom Jotform.
2. Make a nonrefundable $300 deposit using a link to Wave.
3. Make 2nd payment by April 15, 2024
4. Final payment is due June 15, 2024
5. Confirmation received via email within 7 days of payments.
Organizer may request the provision of additional information, such as identification and travel information and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the Retreat, including the itinerary.
Please be advised the itinerary is subject to change and may be modified by Organizer at any time. You hereby acknowledge and agree that Organizer has a right to do so for any reason, including, but not limited to weather, third-party vendors or providers, exponential costs, and any local circumstances which Organizer deems unfit for travel.
Article 3 - PAYMENT:
At the time of booking the Retreat, a deposit of the following amount: $300 (three hundred US dollars) ("Deposit") is due per person.
The Deposit shall be paid prior to the following date: 05/01/2024 or until 30 registrants have paid a deposit, whichever comes first. The Deposit of $300 is nonrefundable. If you cancel your spot in the Retreat, you will not be entitled to any refund of the Deposit.
The entirety of the Total Fees to be paid by June 15th, 2024
If the Total Fees are not received by the Organizer by the date listed above by June 15, 2024, your spot may be canceled without prior notice to you and the Cancellation Policy will be assessed.
Article 4 - ADDITIONAL ITEMS:
You are solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as passports, as well as any required and applicable travel visas, immunizations, or other required documentation for the locations being visited. Organizer is not liable or responsible for any Guest being denied entry or exit to or from any location or country.
Article 5 - TRAVEL INSURANCE:
All guests are required to purchase and maintain travel insurance during the entire length of the Retreat (including through the return date). Guests are individually responsible for paying for travel insurance and ensuring adequate coverage. 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.
Organizer is not responsible or liable for any loss, damage, expense, cost, or any other travel issue. You will not be permitted to travel on the Retreat without providing proof of travel insurance.
Article 6 - PAYMENTS, FEES, CANCELLATIONS, HURRICANE POLICY
Payment Schedule and Fees:
Full Retreat Payment: The full retreat fee of is due no later than June 15, 2024. You may pay in full at any time.
Deposit: A non-refundable deposit of $300 is required to secure your spot. This deposit is due at the time of registration and applied towards the total retreat fee, including holding your room in the group contract.
Payment Methods: We accept all major credit cards.
Late Payments: Any payment received after the due date will be subject to a late fee of $50 a month after 3 days of nonpayment.
Non-Payment: If your full retreat fee is not received by June 15, 2024, your registration may be canceled, and you will forfeit your non-refundable deposit.
You may pay in full at anytime.
Cancellations and Refunds for the 2024 Momentum Retreat:
Payment Schedule & Cancellation Policy:
$300 non refundable deposit: Due at time of booking + $139 for GPP+ insurance.
50% of remaining balance non-refundable: Due April 15, 2024
Remaining balance non-refundable: Due June 15, 2024
All payments become non refundable at the time they are due.
CANCELLATION:
$300 non refundable deposit: Due at time of booking + $139 for GPP+ insurance.
50% of the payment is nonrefundable April 16-June 14, 2024
100% of the payments is nonrefundable June 15, 2024-dates of travel
Cancellation Notice: If a Guest chooses to cancel, Guest must email in writing your request to cancel and a cancellation form will be required to be filled out at the time of cancellation.
If there is an eligible refund, all refund payments will be sent within 90 days of cancellation notice based on the day of cancellation.
Please Note: Insurance will not cover the Momentum Retreat portion of the costs. Group Protection Plan+ insurance through the group contract will only cover the room expenses and taxes. It is cancel for any reason; however it does not protect the investment in the Retreat.
Cancellation by Momentum Retreat Organizer, Marcie Muensterman: Reserves the right to cancel the retreat for any reason.
In the event of cancellation, the Organizer will send an email detailing the information.
Organizer will provide a full refund of all payments received within 90 days of cancellation, excluding the non-refundable $300 deposit.
Hurricane Policy: Because the Momentum is being held at the height of hurricane season, we do have a policy in place to protect the MOMENTUM RETREAT PORTION of the costs. Please keep in mind, travel insurance is going to be needed to cover the hotel portion, per a third party insurance company of your choosing or by purchasing GPP+ through the group contracted pricing.
Pre-Retreat: If a hurricane is forecasted to make landfall in the immediate area of the retreat location, at Costa Mujeres, Q.R., Mexico, Majestic Elegance Costa Mujeres within 3 {three} days of September 20, 2024 {Organizer/Marcie Muensterman's day of arrival} we will make a decision between the following options:
Full Refund: You may choose to cancel your registration and receive a full refund of all payments made toward the retreat portion and file insurance for the hotel portion, excluding the non-refundable deposit of $300.
Postponement: We may postpone the retreat to a later date. If you are unable to attend on the new dates, you will receive a full refund of all payments made and file insurance for the hotel portion, excluding the non-refundable deposit.
During Retreat: If a hurricane warning is issued for the retreat location during the event, we will follow the guidance of local authorities and make decisions regarding evacuation or shelter-in-place procedures based on the safety of all participants. In the event of evacuation, additional expenses incurred due to early departure or relocation will be the responsibility of the participant. No refunds will be offered and you'll need to file with insurance for all additional expenses incurred.
Article 7 - MEDIA RELEASE:
You acknowledge and agree that before and during the Retreat, you may be subject to photographs, video, sound recordings, or other media captures of your face, name, voice, or likeness. In consideration for your participation in the Retreat, you hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitization, and/or re-release of the Released Media, as defined below, by the Organizer, as well as any employees, affiliates, associates, representatives, or agents (collectively referred to as the "Release Receiver") for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.
The Released Media will include, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, and all other media currently known or hereinafter developed, captured of you or your likeness before and during the Retreat by the Release Receiver.
You hereby release the Release Receiver from any and all claims and demands arising out of or in connection with any use of the Released Media, including, without limitation, claims for privacy violations, right of publicity claims, defamation and/or any other intellectual property rights. You claim no ownership of the Released Media and forego any opportunity, whether past or present, to copyright or trademark the Released Media.
You give consent to the use of this Released Media while knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not make known to any party in any medium my known or previously known location, email or physical address, or any other contact details, such as phone number.
Article 8 - VOLUNTARY PHYSICAL PARTICIPATION:
You hereby acknowledge and agree that you will voluntarily be participating in certain physical activities ("Physical Activities") on the Retreat. The Physical Activities may include, but are not limited to: walking, swimming, hiking, biking, yoga, fitness activities, climbing, or other types of strenuous physical activities.
You understand and are aware that your participation in the Physical Activities involves risks. These risks may lead to tangible or intangible harm, and you agree that they may result not only from your own actions but also from the actions of others. With the knowledge and understanding of these risks, you choose, of your own will and volition, to continue participating in the Physical Activities.
You also acknowledge and agree that there are risks that you may not have considered, yet you waive your right to any claims that may occur from these unconsidered risks and choose, of your own will and volition, to participate in the Physical Activities.
You acknowledge and agree that by attending the Retreat you consent to waive certain legal rights, including the right to sue the Organizer, and, if applicable, its owners, employees, agents, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to you during your participation in any of the Physical Activities undertaken while under their instruction or thereafter.
Article 9 - COVID POLICY AND HEALTH ELIGIBILITY:
COVID POLICY:
COVID-19 AND OTHER COMMUNICABLE OR INFECTIOUS DISEASES: You agree, understand, and acknowledge, that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present, including an airline, airports, cruise line, resorts international or domestic, when traveling. “Communicable disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions are at higher risk for severe illness and death from COVID-19. Relevant public health authorities, including but not limited to the CDC, are referred to herein as “Public Health Authorities.” You acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that you will expose others that you encounter, even if you are not experiencing or displaying any symptoms of illness. You acknowledge and agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of yourself or others. You acknowledge that your embarkation and participation in this vacation, internationally or domestically, is entirely voluntary. By embarking and participating in this vacation you attest you are knowledgeable about your individual risk of developing severe illness if you are infected with COVID-19; you have made an informed decision about traveling, both domestically and internationally, based on your individual risk; and you have decided whether to consult with a health care provider based on your individual risk.You further acknowledge and agree to abide by and consent to all COVID-19 rules, regulations, mandates and safety protocols issued by airlines, countries, cruise lines/resorts and/or Public Health Authorities including but not limited to: (a) Submission to mandatory COVID-19 testing at such times and frequency as required by Public Health Authorities or airlines, countries, cruise lines/resorts, which may include testing before and after your cruise; (b) submission to enhanced health screening for signs and symptoms of COVID-19 or known exposure to COVID-19; (c) denial of boarding, checking in or participating in activities throughout the cruise or at the resort due to signs and symptoms of a possible COVID-19 infection or known exposure to COVID-19 as determined by the airlines, countries and cruise lines/resorts at its sole discretion, in accordance with technical instructions or orders by Public Health Authorities; (d) participation in contact tracing and data collection for COVID-19 surveillance; (e) mandatory shipboard or resort isolation and/or quarantine at the sole discretion of the shipboard or resort on location physician; (f) mandatory disembarkation and/or evacuation from cruise ship or resort due to a suspected COVID-19 infection by you or someone else onboard your cruise or in your room/suite at a resort (Evacuation and disembarkation may occur in a foreign port or a port outside your original cruise itinerary); (g) post-cruise or resort and country quarantine instructions; (h) mandatory daily temperature checks; (i) mandatory use of face coverings/face masks in accordance with guidelines by Public Health Authorities and (j) following the airlines, countries and resorts physical distancing requirements. FINANCIAL RESPONSIBILITY: You may also be held in quarantine isolation if you test positive for Covid-19 until a negative PCR can be obtained and endure the additional financial liability onsite for additional testing and your stay at the property per the guidelines, regulations, mandates and safety protocols from the countries, airlines and cruise line/resort.You further acknowledge that the COVID-19 rules, regulations, mandates, and safety protocols issued by the airlines, countries and resorts and/or Public Health Authorities and/or other governing bodies are subject to change. The airlines, countries and resorts reserve the right to change any health and safety protocols, including, but not limited to, requirements on vaccinations, masks, and physical distancing related to COVID-19 at its sole discretion, without notice, both prior to and during your presence on the cruise ship. It is your sole responsibility to confirm any changes to any health and safety protocols that may be applicable and ensure compliance with all health and safety protocols in effect, vaccination requirements, testing before or during your vacation, on the cruise ship, at the resort and / or the country or countries you will be traveling to. You further acknowledge and agree to review any CDC travel advisory, warning, or recommendation relating to international or domestic travel prior to making your reservation. Marcie Muensterman, your travel consultant with Cruise Planners, LLC, Travel Advisor Training, LLC is in no way responsible for any issue, additional financial burden, long term medical stays or quarantining related to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of yourself or others while traveling. By going on this vacation, traveling international or domestic, to a resort, on a cruise ship, to another country, you are taking sole responsibility and waiving all rights to sue or hold liable Marcie Muensterman, your travel consultant with Cruise Planners, LLC, Marcie Muensterman, your travel consultant with Cruise Planners, LLC, Travel Advisor Training, LLC or Cruise Babe, LLC for any and all issues short or long term related to COVID19.
Your participation in the Retreat indicates your acknowledgment and agreement with, as well as your warranty of, the following statements:
(a) It is my responsibility to consult a physician before participating in this or any Retreat to ensure my eligibility for strenuous Physical Activity and I affirm that I have no medical conditions that would restrict me from participating in any of the Physical Activities.
(b) I agree to hold the Organizer, and if applicable, its employees, owners, agents, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Retreat. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.
(c) I agree that if I do experience medical issues, I will contact my doctor immediately.
(d) I agree and verify that all of the information that I have given the Organizer and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
(e) I agree and verify that If I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold the Organizer harmless against all liability for any damages that may occur to myself or to others because of my actions or inactions.
(f) I agree to keep the Organizer apprised of any changes or upcoming changes concerning my physical health and personal information.
(g) I understand and agree that it is my responsibility to let the Organizer know if I find myself in any pain or discomfort before, after, or during the Retreat.
(h) If I do require medical treatment or attention while or after participating in the Retreat, I agree that the medical costs are mine and mine alone and hold the Organizer blameless from any charges, fees, or costs that my conditions may incur.
(i) I specifically acknowledge and agree that these clauses are not intended to be a general release, which would be limited under some state and local laws.
Article 10 - GENERAL ASSUMPTION OF RISK:
You agree and understand that your participation in the Retreat may involve risks. These risks may lead to tangible or intangible harm, as discussed above. Additional risks, such as those risks involved in being in another country, a country where medical services are not available, or a country with an unsteady political, cultural, or geographical climate, may also be present.
It is your responsibility to familiarize yourself with all possible risks involved in participation in the Retreat. You agree that Organizer is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Retreat.
YOU ACKNOWLEDGE THAT YOUR DECISION TO ATTEND THE RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED ABOVE AND THAT YOU ARE ATTENDING OF YOUR OWN WILL AND VOLITION. YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT. IN NO EVENT WILL ORGANIZER BE LIABLE FOR ANY LIABILITIES, CLAIMS, OR DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.
Article 11 - AIRFARE:
Participant Responsibility: Participants are responsible for booking and paying for their own airfare to and from the retreat location by June 15, 2024.
Travel Costs: Please be aware that airfare costs can vary depending on your departure city, dates, and preferred airlines.
Article 12: Participant Conduct: Behavior and Alcohol on the Momentum Retreat
Responsible Consumption:
Participants are expected to consume alcohol responsibly and in moderation. Excessive alcohol consumption that disrupts the retreat or endangers others will not be tolerated.
Open containers of alcohol will be allowed only in designated areas, not during workshops in the conference room.
Participants are encouraged to be mindful of their own limits and avoid peer pressure to overindulge.
Respectful Conduct:
All participants are expected to behave in a respectful and professional manner towards each other, resort staff and fellow guests of the resort, regardless of their level of intoxication.
Disruptive or inappropriate behavior, including aggression, verbal abuse, or harassment, will not be tolerated and may result in removal from the retreat without refund.
Participants are responsible for ensuring their own safety and well-being, and for refraining from activities that could put themselves or others at risk.
Consequences of Violating Terms:
Any participant who violates these terms regarding behavior or alcohol consumption will be subject to disciplinary action, which may include:
Verbal warnings
Removal from specific activities or events
Removal from the retreat without refund
Reporting to local authorities, if necessary
Article 13 - TRAVEL DOCUMENT RESPONSIBILITY
Your passport must be valid for at least 30 days beyond your planned return date from Mexico. Organizers are not responsible for verifying passport validity or any consequences arising from invalid travel documents.
Your participation in Momentum Retreat is contingent upon having a valid passport for travel to Mexico. Non-refundable cancellation fees will apply if you are unable to attend due to an invalid passport.
Article 14 - RELEASE OF LIABILITY:
Guest hereby releases Organizer, as well as any of Organizer's affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Guest's dispute with any other Guest, Organizer, and its affiliates, Resort property, or Airline..
Article 15 - TERMINATION:
This Retreat Agreement shall continue until canceled as specified above by either Party or until the Guest attends and completes the Retreat. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 16 - INTELLECTUAL PROPERTY:
Guest acknowledges and agrees that the Organizer's name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organizer or its affiliates, licensors, or suppliers.
Guest acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Organizer and its affiliates, licensors, and suppliers.
Guest expressly agrees not to do anything inconsistent with Organizer's ownership of all of the intellectual property discussed herein. Guest further agrees that there are no rights, title, or interest in or to any of the Organizer's Intellectual property. In addition, Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Organizer or any third party.
Article 17 - RESTRICTIONS:
Guest is prohibited from selling or reselling Guest's space in the Retreat, unless Guest has specifically executed a written agreement with Organizer that expressly allows for such activity.
Article 18 - INDEMNIFICATION:
To the fullest extent permitted by law, Guest shall defend, indemnify and hold harmless Organizer, consultants, affiliates, from and against any and all direct claims, liabilities, costs, damages, citations, penalties, fines, attorneys’ fees, losses, and expenses of whatever nature arising out of or resulting from Guest attendance; including loss of use of any property resulting therefrom, but only to the extent caused in whole or in part by breach of this agreement or by negligent or otherwise wrongful acts or omissions of Guest. Guest’s obligations under this Paragraph shall be enforced regardless of whether or not the indemnified Claim is caused in part by one or more Indemnitees.
In the event of any Indemnified Claim, or any threat thereof, Organizer may retain any and all monies due or to become due to Guest under the agreement in an amount sufficient to assure Guest obligations under this Article. This right of retention is in addition to, and is intended to complement, that set forth in this Article hereof.
Notwithstanding any provision to the contrary in any applicable law, including any statute of limitations, an Indemnitee’s claim for indemnification by Guest shall not accrue, and any applicable statute of limitations shall not begin to run, until Indemnitee’s payment of a final judgment, arbitration award or settlement arising out of any Indemnified Claim.
With respect to any matter to which Guest defense obligations apply, the Indemnitee shall have the right, in its sole discretion, to assume its own defense. If the Indemnitee assumes its own defense, or if the Indemnitee incurs expenses or fees in connection with a defense undertaken by Guest, Guest shall reimburse the Indemnitee for all attorneys’ fees and other expenses related to the preparation and defense obligations to the Indemnitee, such payment to be made within ten (10) days after Guest’s receipt of a statement of such fees and expenses. Guest’s obligations to defend the Indemnitee shall be independent of and in addition to Guest’s indemnity obligations, and shall apply to the fullest extent permitted by law.
Article 19 - REPRESENTATION:
Guest agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement or that they have their parent or guardian consenting for them to attend the Retreat.
Article 20 - SEVERABILITY:
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.
Article 21 - DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Florida. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organizer will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Article 21 - GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of Florida without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Pasco County.
Article 22 - Local Governing Law: Majestic Elegance Costa Mujeres is located in Costa Mujeres, Mexico
All participants are responsible for knowing and following the laws of the retreat location. We encourage you to familiarize yourself with local regulations, laws of bringing items into the country and consequences for breaking local laws before attending.
The ORGANIZER will cooperate with local authorities to ensure the safety and well-being of all participants. We encourage participants to report any concerns or incidents to retreat staff or local officials.
Article 23- HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.
Article 24: MODIFICATIONS:
Organizer reserve the right to modify these Terms & Conditions at any time without prior notice. We will send an amendment immediately.
By registering for the Momentum Retreat, you agree to abide by these terms and conditions. We encourage all participants to enjoy the retreat responsibly and contribute to a safe and positive experience for everyone. We look forward to welcoming you to Momentum 2024!
