BY PARTICIPATING IN THIS EVENT (HEREIN REFERRED TO AS “RETREAT”) YOU (HEREIN REFERRED TO AS “CLIENT”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.
Company agrees to provide the EMERGE RETREAT (herein referred to as “EMERGE” or “Program” or “Retreat”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Retreat.
Friday, September 20th – Sunday, September 22nd, 2024
(2) A 3-day, in-person retreat
The Full Price of this Retreat is two thousand four hundred forty-four dollars ($2,444 USD) paid in full, or in installments. Other discounted prices may be offered during promotional periods. All fees are in US Dollars. Client grants Company the authority to charge the card(s) provided. Client will receive a purchase receipt with their final price.
Event tickets are transferable but not refundable. Client is responsible for full payment of the fee. After the initial purchase, no refunds will be issued. All sales are final. Company is not responsible for any monetary loss with regard to travel if the event needs to be rescheduled or canceled, and as a result, we recommend obtaining travel insurance.
Client authorizes the Company to charge Client’s credit card or debit card.
Client understands that acquiring insurance is solely the responsibility of the Client. We do request travel insurance in case you need to cancel travel due to illness.
Client is solely responsible for booking airfare, accommodations and travel arrangements for the Retreat date and fees or costs associated with delays, cancellations or changes associated with such arrangements.
Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance in the Retreat.
Client releases the Partnership, its officers, employers, directors, owners, instructors, sub-contractors and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable and unforeseeable.
Client agrees that Company will not be held liable for damages including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary from the use or misuse of Company’s services or participation in the Retreat.
Client understands Company is not responsible for any personal injury, property damage, or any loss whatsoever incurred by Client arising from acts of omissions by any hotels, restaurants, tour services or other third party company or organization.
Client acknowledges she has read, accepted and received a copy of the medical waiver entitled, “Health and Medical Liability Waiver Re: Hawthorn Farm Event” at the end of this agreement.
The Company respects Client’s privacy and insists that Client respects the Company’s and Retreat Participant’s privacy as well (herein referred to as “Participants”). While this cannot be a complete confidentiality provision because this will be taped (as discussed below), Company shall not disclose the Client’s personal information, including full name, address, e-mail or credit card information (“Confidential Information”).
Information Participants learn about each other during the course of the Retreat shall not be shared by one another outside of the Retreat. Participants agree not to use such information learned from one another in any manner other than in discussion with the Company or other Retreat Participants during the course of the Retreat.
Both Parties will keep this information in strictest confidence and shall use their best efforts to safeguard the Information and to protect it against disclosure, misuse, espionage, loss and theft, including the Confidential Information Client provides to Company.
Client hereby grants to the Company and its licensees, assignees, and other successors-in-interest, all rights of every kind and character whatsoever in perpetuity in and to Client’s appearance (hereinafter referred to as the “Appearance”) in connection with promotional footage and photography for the Retreat.
Client hereby authorizes Company to photograph and record (on tape, film, or otherwise), the Appearance; to edit at its discretion and to include with the appearance of others in the Retreat; and to use the Appearance in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name and likeness in connection with the Retreat.
Client hereby waive all rights, release, and discharge the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use of Client’s Appearance.
Company owns all rights and proceeds resulting from Client’s Appearance. Company is not obligated to utilize the authorization granted by Client hereunder.
Client waives, releases, and forever discharges Sarah Jenks, Sarah Jenks International, attorneys, employees, staff, and volunteers from any claims resulting from physical or personal injury, pain, suffering, illness, disfigurement, temporary or permanent disability, loss or death, and any property damage that may occur caused by fire, theft, vandalism, water or land-related accidents, natural events or any other occurrences or mishaps. Client agrees to camp on the land at their free will, and entirely at their own risk. Client understands that injuries or outcomes may arise from their own or others’ negligence or conditions on the premises or the conditions or their use of amenities offered at the premises or related to travel to and from the premises. Nonetheless, Client assumes all related risks, both known and unknown. Sarah Jenks, & Sarah Jenks International is not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity. Client fully understands that this is a release of liability and agrees to voluntarily give up or waive any right that Client otherwise has to bring legal action against Sarah Jenks & Sarah Jenks International, for any personal injury or property damage whatsoever for negligence on the part of Sarah Jenks, Sarah Jenks International, agents, employees, and volunteers. This waiver and release of liability shall remain in effect for the duration of presence at the property.
Client further agrees to indemnify, defend and hold harmless Sarah Jenks & Sarah Jenks International, against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by Client or anyone on their behalf, including attorney’s fees and any related costs.
1) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they will not engage in any conduct or communications with a third party, public or private, designed to disparage the other.
2) ASSIGNMENT. Neither Party may assign this Agreement without the express written consent of both Parties.
3) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or misuse of the product(s) or services, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or misrepresentations of the Company.
4) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
5) EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement and constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America.
Regarding the Hawthorn Farm Event Agreement.
I voluntarily choose to participate in the Retreat. I understand that this Retreat will not provide health care, medical care or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body.
I understand that the Retreat’s employees, instructors, owners, officers, and subcontractors are not acting as doctors, licensed dietitians, nutritionists, psychologists, or any other licensed or registered professionals. I understand the advice administered in this Retreat shall not replace advice given to me by a registered professional in any of these areas.
I expressly assume the risks of my participation in the Retreat, including any dietary and lifestyle changes. I take full responsibility for my own dietary choices and selections during the retreat and any allergies or reactions including but not limited to, illness, hospitalization or death.
I understand that I may participate in yoga and body movement sessions offered in the Retreat. I understand that I may refuse to participate at any time. I recognize that these sessions may require physical exertion that can be strenuous. I understand that it is my responsibility to consult a physician prior to and regarding my participation in the retreat. I am fully aware of and voluntarily take the risks associated with participating in the retreat session.
I assume full responsibility for any and all injuries or damages, known or unknown, which I might incur as a result of participating in Retreat sessions. If I am pregnant I will inform the Retreat’s instructors.
I acknowledge that I am making these decisions with a sound mind and of my own recognizance. I understand that I am free to accept or reject advice or recommendations at my own free will.
I knowingly, voluntarily, and expressly, waive any claim for injury or damages I may sustain as a result of participating in this Retreat. I release the Partnership from all liability, damages, causes of action, allegations, lawsuits, claims and demands in law or equity, I have or will have in the future whether foreseeable or unforeseeable arising from my past or future participation in, or otherwise with respect to the Retreat.
I understand that this Retreat is an in-person and indoor event, and as such, I enter at my own risk. I accept responsibility and acknowledge that the Company is not responsible for COVID-19 spread.
Company is not responsible for any monetary loss with regard to travel if the event needs to be rescheduled or canceled, and as a result, we recommend obtaining travel insurance.
BY PARTICIPATING IN THIS RETREAT, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.