INDIO CA WORKATION - TERMS & CONDITIONS

Indio, California March 20-24, 2023 Workation Retreat

Attendee Agreement/Terms & Conditions

This Retreat Agreement (the “Agreement”) is between You (hereafter known as “Client” or “you”, and collectively, the “Parties”) and Meadowlark Consulting (hereafter known as “Company”, “us” or “we”). If you do not agree to these terms you may not attend the Indio, California March 20-24, 2023 Workation Retreat.

  1. RETREAT. 

Company agrees to provide a retreat (herein referred to as the “Retreat”) for the purposes of empowering women business owners to come together to reflect on and grow their businesses with the compound effect of doing this with other amazing women entrepreneurs by emphasizing collaboration, community, and self-care. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Retreat. 

Your Services include:

  • One 1-hour group pre-retreat logistics Q&A call via Zoom 
  • four nights (3/20/23-3/24/23) shared occupancy (your own bed in a shared bedroom) in a VRBO in Indio, California (about 30 minutes east of Palm Springs); one single occupancy room is available and is on a first-come-first-served based on registration date.
  • all meals catered in-house by a professional chef (except for one lunch and one dinner out); all dietary restrictions will be accommodated for
  • focused time each day to mastermind, collaborate, and co-work
  • day trip to Joshua Tree National Park and the Noah Purifoy Desert Art Museum for hiking and sightseeing
  • outing in Palm Springs
  • time each morning to walk, do yoga, listen to a guided meditation, or journal 
  • opportunity to work with a branding photographer for some updated branding images (extra charge)

Your Services do not include:

  • your flight/transportation to Palm Springs
  • one lunch and one dinner out on the town
  • transportation to the VRBO (I’m going to try, but I can’t guarantee it! Uber/Lyft available)
  • branding photographer’s fees
  • Private excursions or activities not mentioned in Services section above
  • Gratuities for meals outside of the VRBO, drivers, rental cars, personal services and/or purchases
  1. DEPOSIT.

To secure your place on the Retreat, please sign this Agreement as well as provide a non-refundable deposit of $500. 

  1. PAYMENT. 

Total price of this Retreat is $1300. Client may pay in full upon sign up or by putting down the $500 deposit and paying two additional installments of $400 through Stripe. Client grants Company the authority to charge the card(s) provided monthly until payment is complete. If a payment is not received on the due date, Company reserves the right to suspend Client’s participation until payment is complete. Regardless of what payment option you choose, Company MUST be paid in full prior to March 1 or your Retreat will be cancelled and payments previously made shall be forfeited. 

  1. REFUNDS AND CANCELLATION. Due to the nature of this event and our obligations to secure your room/food costs, there is a $500 non-refundable deposit on all purchases. Should you choose to cancel your participation in the Retreat PRIOR to February 1, you can receive a refund of the total amount paid to Company minus the non-refundable deposit. After February 1, no refunds will be issued nor installment payments cancelled. All sales are final. 

All cancellation requests must be made in writing to cory@meadowlark.tech.

Exceptions to this cancellation policy cannot be made for any reason, including illness or personal emergencies. There is no refund available for leaving the Retreat early or arriving late. There are no refunds for any part of the Services that you choose not to attend.

  1. CANCELLATION DUE TO LOW BOOKING NUMBERS. 

Company reserves the right to cancel Retreat prior to the event if there are not enough participants signed up. In this case, you will be given a full refund including your deposit. Company is not responsible for reimbursing travel or flights (please consider travel insurance).

 

  1. PHYSICAL AND MENTAL HEALTH REQUIREMENTS.

By signing up for the Retreat, you attest that you are in good physical and mental health to travel and participate in the Retreat. You are advised to consult with a physician to ensure you are in adequate health. 

  1. RELEASE OF LIABILITY / ASSUMPTION OF RISK.

You agree to the following: 

  • Certain activities including, but not limited to, yoga, hiking, swimming, driving in vehicles, leaning over computers for long stretches of time etc. have risks of injury, including serious injury. You understand the nature of the activity and acknowledge that you are qualified, in good health, and in proper physical condition to participate in such activity. You further agree and warrant that if, at any time, you believe the conditions to be unsafe, you will immediately discontinue further participation in the activity. 
  • You will notify the Company if you suffer from any medical or health condition that may cause injury to yourself or others or may require emergency care during your participation. 
  • YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS and dangers, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined below) or others, and assume full responsibility for your participation. You acknowledge that these risks and dangers may be caused by your own actions or inactions, the actions or inactions of others participating in the Retreat, the conditions in which the Retreat takes place, or the negligence of Company. YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES you incur as a result of your participation in the Retreat. 
  • YOU HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Company, its sponsors, employees, staff, volunteers, other participants, owners and lessees of the premises on which the Activity is conducted (“Releasees”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON YOUR ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; and you further agree that if, despite this Agreement, you, or anyone on your behalf makes a claim against any of the Releasees, you WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim

  1. MEDIA RELEASE.

Company reserves the right to use photos or videos from the Retreat for promotional purposes. By signing up for the Retreat, you agree to allow your image to be used for this purpose. If you do not want your image or voice to be used, please notify the Company in writing before the Retreat begins. 

  1. CONFIDENTIALITY.

This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, or otherwise, throughout the Term of this Retreat (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement. 

  1. COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION. Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure. 
  1. NON-DISCLOSURE OF COMPANY MATERIALS. Material given to Client in the course of Client’s work with the Company is proprietary and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
  1. NON-DISPARAGEMENT. Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company. 
  1. INDEMNIFICATION. Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing. 
  1. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Shoreline, Washington. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate. 
  1. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the state of Washington, regardless of the conflict of laws principles thereof. 
  1. ENTIRE AGREEMENT; AMENDMENT; HEADINGS. This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation. 
  1. CONSENT TO MEDICAL CARE.

You consent to medical care and transportation in order to obtain treatment in the event of injury to You as Company, volunteers, or medical professionals may deem appropriate and understand that this Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

  1. CONSUMPTION OF ALCOHOL OR OTHER INTOXICANTS.

You agree not to consume alcohol or other intoxicant prior to activities that involve exercise or activity or use any medicine or substance that will inhibit Your mental or physical ability to safely participate in such activities. If You choose to consume alcoholic beverages or other intoxicants prior to, during, or after any other activities, You will do so responsibly.

  1. DAMAGE OR THEFT OF PROPERTY.

You understand and agree that Company is not responsible for any personal item or property that is lost, damages, or stolen at or during the Retreat.

  1. SEVERABILITY.

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect. 

  1. WAIVER.

The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. 

  1. ASSIGNMENT. This Agreement may not be assigned by either Party without express written consent of the other Party. 
  1. FORCE MAJEURE.

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence. In the case of any change, modification, cancellation, postponement or delay due to any unforeseeable events, you acknowledge that you will have no right of refund as Company will do its best to transfer the funds to a new date. 

  1. CLIENT RESPONSIBILITY; NO GUARANTEES.

Client accepts and agrees that Client is 100% responsible for its progress and results from the Retreat. Company will help and guide Client; however, participation is the one vital element to the Retreat’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the Retreat and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Retreat and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the services offered in this Retreat shall be provided to Client in accordance with the terms of this Agreement. 

By clicking this box when signing up for the Retreat and/or signing below, you acknowledge that You have carefully read this Agreement, including the waiver and release, and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You acknowledge You are aware and agree that by executing this Agreement, You are giving up Your right to bring a legal action or assert a claim against Releasees for their negligence, or for any defective product used while participating in the Services. You acknowledge You have read, understood, agreed to, and voluntarily entered into the entire Agreement, and by this action You are providing the electronic equivalent of your signature.

____________________________________

 Your Signature

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Date