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 TERMS AND CONDITIONS

RETREAT AGREEMENT AND RELEASE OF LIABILITY

 

Please read this document carefully and in full. By submitting below, you agree to be legally bound by this agreement and release of liability. This is a binding legal contract between you (“Participant”) and Windward Tailor, LLC (“Windward” or “Organizer”), the retreat organizer. This contract concerns the Windward’s Rocky Mountain Retreat January 30 – February 4, 2023 (“Retreat”). 

  

  1. HEALTH INFORMATION REGARDING PARTICIPANT 

I have disclosed in the registration form if I have any physical, mental, or other conditions that may interfere with your ability to participate safely in the Retreat or the Activities we will partake in there.

2. DEFINITIONS AND RULES OF CONSTRUCTION 

  The following definitions shall apply to this document: 

 

  1. The term “Agreement” shall refer to this Agreement, in its entirety.

  2. The term “Activities” refers to the following activities that may be available at the Retreat including but not limited to: Horseback  Riding, Tubing Hill, Snowshoeing, Ice-Skating, Hockey, Cross Country Skiing, Fat Tire Bikes, Sleigh Rides, Indoor Arena Archery, Hatchet Throwing and BB gun Shooting, Hot Tub, Game Room, and 24-hour Fitness Center. 

  3. The term “Retreat” shall refer to the retreat at the C Lazy U Ranch from January 30, 2024 – February 4, 2024 organized by Windward Tailor, LLC. 

  4. The term “Ranch” shall refer to the C Lazy U Ranch in Granby, Colorado.  

  5. The term “Participant” shall refer to the client who wishes to take part in the Retreat. 

  6. The term “Organizer” shall refer to Windward Tailor, LLC and any assistants employed or contracted by Organizer to assist at the Retreat. 

  7. The term “the Parties” shall refer to the signatories of this Agreement: Participant and Organizer. 

 

The following rules of construction shall apply to this Agreement unless construction in accordance with a rule would produce a result inconsistent with the manifest intent of the document: 

 

  1. Use of a singular word includes the plural, and vice versa. 

  2. Use of a gendered word shall include all genders. This document uses the gender-neutral, singular pronouns of “they/them/their.” 

  3. titles of the paragraphs in this Agreement are for reference purposes only and shall not be used in the interpretation of the provisions to which they relate. 

 

3. DATE 

 

This Agreement shall take effect immediately upon execution by the Participant electronically submitting this form. It shall remain in effect unless amended or revoked in writing as set forth herein. 

 

4.COST OF RETREAT 

The cost of the Retreat is $7,500 single-occupancy and $7,200 double-occupancy. 

 The flat fee set forth above includes the following: 

  1. inner on the check-in-date of January 30, 2024; breakfast, lunch and dinner for each full day the Retreat; and breakfast and lunch on the check out date of February 4, 2024.  While the C Lazy U Ranch will attempt to accommodate special dietary needs, any modifications may require an additional cost per person per meal.  All included meals are prepared by the C Lazy U Ranch’s Executive Chef.  

  2. Horseback Riding (Horseback riding may be limited to a total of 30 riders per day including all guests and groups on the Ranch property.  Weight limits for horseback riding may apply to people over the weight of 250 lbs.  The Ranch reserves the right to restrict horseback riding for the safety of the individual and the horses), Tubing Hill, Snowshoeing, Ice-Skating, Hockey, Cross Country Skiing, Fat Tire Bikes, Sleigh Rides, Indoor Arena Archery, Hatchet Throwing and BB gun Shooting, Hot Tub, Game Room, 24-hour Fitness Center. Equipment used for the activities listed in this subsection are included in the Base Rate.   

  3. The flat fee set forth above does not include the following: anything not expressly listed above; airfare and any other travel costs to reach the Retreat; trip cancellation insurance; taxes; gratuities; credit card processing fees; specialty beverages or alcohol; optional meals; ; personal expenses (e.g., laundry and shopping); self-care/spa services; or tours/excursions (e.g., Trap Shooting, snowmobiling, and downhill skiing and snowboarding).

  4. For those Participants who select double-occupancy, Organizer will make its best efforts to match Participant with a roommate. However, if a roommate cannot be found, Participant shall be responsible for the cost of single occupancy, as set forth above in Paragraph 5. 

  5. If Participant has previously paid any deposit or other portion of the cost of the Retreat, by signing below, they accept the terms of this Agreement, including but not limited to the policies on refunds. 

 

5. PAYMENT

 Payment in full must be made when Participant’s reservation is submitted. 

 

6. HEALTH AND FITNESS REQUIREMENTS 

 

  1. warrants that they satisfy all of the following health and fitness requirements: 

  2. Participant must be in good physical and mental health to attend the Retreat; 

  3. Participant must be willing and able to demonstrate a high level of mental and emotional stability and maturity during the Retreat and participate in the Retreat as a reliable, respectful, supportive, and positive Participant; and 

  4. is advised to consult with a physician to ensure that they are in adequate health to safely participate in the Retreat. Participant must disclose to Organizer in Paragraph 2 any pre-existing conditions or illnesses, food allergies or sensitivities, and any prescribed medications they are taking that could interfere with Participant’s ability to participate safely in the Retreat and Activities. Participant acknowledges  they have an ongoing duty to update Organizer if there are any changes in their health or physical condition. 

  5. COVID-19 Precautions. While at the Retreat, Participant shall disclose to Organizer any known or suspected COVID-19 exposures they may learn of, and any COVID-19 diagnosis of their own (or of anyone in their household), immediately upon learning such information. 

  6. shall have the right, in its sole discretion, to ask any Participant to leave the Retreat at any time, if Participant is disruptive to the harmony of the Retreat and/or is violating any provision of this Agreement and Participant will not be entitled to any refund. Any costs associated with the Participant being asked to leave early for the reasons above shall be the responsibility of the Participant, including but not limited to: airport transfers, flight change rates and fees, lodging during travel. Participant agrees to the Organizer to charge any related costs to the Participant’s credit card or ACH bank account information on file. Participant also agrees to allow the Organizer to charge any costs related to a Participant needing to leave Retreat sessions or activities early for any reason. For example, should the Participant choose or need to leave an activity early requiring another mode of transportation in which additional charges may apply; including but not limited to taxi or ride share costs, or additional personnel fees incurred for assistance

  7. providing emergency contact information in Paragraph 1 above, Participant consents to Organizer contacting and speaking with that individual if, in the sole and absolute discretion of Organizer, there is an emergency during the Retreat regarding Participant’s physical or mental health. 

 

7. CANCELLATION BY PARTICIPANT 

  1. Due to the complexity of planning the Retreat, refunds are not available if Participant is unable to or chooses not to attend the Retreat.  

  2. There shall be no refund if Participant attends the Retreat, but leaves early, for any reason. 

  3. or any payments made by Participant are not transferable to another applicant for or participant in the Retreat, for any reason. 

8.  CANCELLATION AND CHANGES BY LEADER 

 

  1. reserves the right to cancel the Retreat on or before December 15, 2023 if the minimum required number of participants has not been met. In such an event, Participant will be given a full refund of all payments made to Organizer. 

  2. reserves the right to make changes to any aspect of the Retreat including the Retreat leaders, speakers, and activities, or to cancel the Retreat entirely, at any time, if for any reason beyond the reasonable control of either Party, including but not limited to: strikes, labor disputes; acts, regulations or orders of governmental authorities (including shelter-in-place, stay-at-home or quarantine orders from federal or Colorado state authorities); civil disorder; disasters; acts of terrorism: acts of war; acts of God; fires; flood or other emergency conditions; any delay in necessary and essential repairs of the Ranch; any curtailment of transportation such that at least 50% of attendees cannot arrive at the  Ranch;  it is impossible or illegal for the Organizer to hold the Retreat, and such non-performance by Organizer shall be excused.  

  3. In the event of cancellation, rescheduling or changes to Retreat, Participant hereby waives any right to claim other amounts are due to them, including but not limited to for loss of time, inconvenience, visa and passport fees, airfare and other travel expenses, insurance premiums, gear purchases, and vaccination and other medical-related costs.  

 

6. REQUIRED INSURANCE 

  1. The Organizer requires that each and every Participant purchase individual travel and trip cancellation insurance in advance of the Retreat. In particular, due to the non-refundability of the Retreat payment and mountain travel during the winter months in Colorado, Organizer recommends a “Cancel For Any Reason” provision in the policy. It is Participant’s responsibility to ensure that they are adequately insured for the duration of the Retreat regarding accident, injury, illness, death, emergency evacuation and repatriation, loss of personal items, cancellation, curtailment, worldwide emergency assistance, and all other contingencies. No insurance is provided for Participant by Organizer. 

7. ASSUMPTIONS OF RISK AND RESPONSIBILITY 
 
Participant acknowledges that they alone are responsible for their choices, actions, and results before, during, and after the Retreat and have done all due diligence they deem necessary prior to participating in the Retreat. Participant accepts full responsibility for the consequences of their decision to participate in the Retreat including any Activities offered by the Organizer or Ranch during the Retreat.  

 

8. WAIVER AND RELEASE OF LIABLITY FOR RETREAT 

In consideration of Organizer inviting Participant to the Retreat and accepting their reservation for the Retreat, Participant agrees to release, forever discharge, and hold harmless Organizer and their employees, agents, teachers, independent contractors, and other representatives, and their heirs, successors, and assigns (“Released Parties”), from liability for any and all Claims (as defined immediately below) relating to or caused by Participant’s attendance at and participation in the Retreat and in any additional  activities or excursions Participant may engage in during the Retreat (“Claims”), unless caused by the gross negligence or intentional wrongful act of Organizer. The term “Claims” shall include any and all liabilities, claims, demands, actions, damages, rights of action, and causes of action, of whatever kind or nature, that may now or hereafter exist or arise, arising out of personal injuries, losses suffered, and damages of any kind (including but not limited to direct, indirect, consequential, incidental, punitive, or any other damages), including those known and unknown, developed or undeveloped, and foreseen or unforeseen, relating to or caused by Participant’s participation in the Retreat. Participant agrees that this waiver and release shall be legally binding upon them personally and their family, estate, heirs, successors, and assigns. In addition, Participant acknowledges that, in large part, operational control of the Retreat will be in the hands of the third-party Ranch and that any cause of action in regard to its shortcomings would be against the Ranch and not against Organizer. 

 

9. ALTERNATIVE DISPUTE RESOLUTION 

 Any disputes between the Parties relating to the Retreat or this Agreement shall be submitted first to private mediation in Denver, Colorado with a private Colorado mediator upon whom the Parties agree. If the Parties cannot agree upon a mediator, each party will select a mediator and together those mediators will select the mediator to be used. The Parties shall share the costs of mediation equally. The Parties shall cooperate with the mediator and participate in good faith in the mediation. The Parties agree to submit this Agreement to the mediator for their review. If a party is residing outside Colorado at the time of the dispute, they may appear by video conference at the mediation. If mediation is not successful in the opinion of the mediator and the Parties cannot reach a resolution themselves, disputes may be submitted to a court as set forth herein. 

 

10. MODIFICATION OF AGREEMENT 

 Any future modification, amendment, waiver, or revocation of any provision of this Agreement shall be effective only if it is made in writing and is executed by the Parties with the same formality as this Agreement. Any such modification, amendment, waiver, or revocation shall specifically provide what provision of the Agreement it intends to modify, amend, waive, or revoke. No oral modifications, amendments, waivers, or revocations shall be effective. Failure of a party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of subsequent defaults of the same or similar nature or of the other obligations contained in this Agreement. 

 

11. SEVERABILITY 

 

If any provisions of this Agreement are deemed invalid or unenforceable, such provisions shall be deemed severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement. Consistent with the provisions of this Paragraph, if any provisions are deemed invalid due to their scope or breadth, such provisions shall be deemed valid to the full extent of the applicable law. 

 

12. INTEGRATION 

 This Agreement sets forth the entire agreement of the Parties regarding the Retreat. All agreements, covenants, representations, and warranties, express or implied, oral or written, of the Parties are contained herein. No other agreements, covenants, representations, or warranties, express or implied, oral or written, have been made between the Parties regarding the Retreat. All prior, contemporaneous, and future conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties regarding the Retreat are waived, merged herein, or superseded hereby. This is an integrated agreement. If any provision of this Agreement conflicts with language about the Retreat on any website (including the Organizer’s website) or information provided by an airline, travel agency, hotel or resort, or anyone else, this Agreement shall govern. 

 

13. JURISDICTION, VENUE, AND CONTROLLING LAW 

 

The substantive law of the State of Colorado (and not its law of conflicts) shall govern all questions as to this Agreement’s validity and enforceability and the construction of its provisions, as well as all disputes arising out of this Agreement, unless the Parties otherwise agree. In the event of any dispute or claim arising under or related to this Agreement, the Parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other.  In the event that the Parties are unable to settle such dispute or claim through good faith negotiations, the dispute shall be resolved in binding arbitration conducted by the Judicial Arbiter Group (JAG) of Denver, Colorado (or a similar group comprised of former judges if JAG is no longer in existence), according to the provisions of the Colorado Uniform Arbitration Act in effect at the time of arbitration.  The Parties agree to abide by all decisions rendered in such proceedings. Such awards shall be final and binding on all parties to the extent and in the manner provided by the Colorado Rules of Civil Procedure. The prevailing Party shall be entitled to attorneys’ fees. The Parties agree that the arbitration, including any resolution, shall at all times remain confidential.   

 

 

By electronically submitting the form above I intend to enter into a binding legal agreement and warrant the following: 

 I have read this document in full. I understand its contents. I am acting voluntarily and knowledgeably. I understand that I am giving up significant legal rights, including the right to sue. I believe this document to be fair.

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