LIMITATION OF LIABILITY
The following paragraphs define Your French Event LLC’s (hereafter referred to as “The Organizer”) liability and responsibilities with respect to Elixir Writing Retreat: France (the “Retreat”), and your (“Participant”’s) liability and responsibilities with respect to the Retreat. I, the Participant undersigned, acknowledge and agree to the following. In consideration of The Organizers’ efforts to facilitate my participation in opportunities at and/or related to the Retreat, the fullness and sufficiency of which I hereby acknowledge:
GENERAL RELEASE, ASSUMPTION OF RISKS, HOLD HARMLESS, CONSENT AND AGREEMENT TO INDEMNIFY
Participant recognizes and acknowledges the inherent risk in the Retreat and/or any or all other activities (planned, discretionary or unplanned) which may take place during this activity/travel, including, as applicable, but not limited to, the inherent risks of conditions of nature, forces of nature, manual and physical activity, sports, travel, lodging and transportation, whether by The Organizer or third-party provider and whether local to the Retreat or otherwise.
In consideration of the benefits of Participant’s inclusion and participation in activities and the Retreat, Participant, on behalf of themself, family, and spouse, if any, legal representatives, heirs, estate and assigns and on behalf of any Participant in the Retreat for whom Participant agrees herein to accept responsibility due to age less than 18, their heirs, estate and assigns (all hereafter throughout this Agreement collectively called “Participant”, “I”, “they” or “their”) agree to and do hereby assume the risks (known and unknown), hold harmless, covenant never to sue, release, waive any claim against and indemnify The Organizer and their agents, employees, owners, shareholders, directors, designees, successors and assigns for and from any and all claims, demands, lawsuits and/or causes of action arising from any damages, injury, loss, accident, disability, death, delay, irregularity, or expense to Participant’s person or property incurred at any time during the Retreat or associated with the activity and/or travel related to or arising from the Retreat, caused unintentionally by any negligent act of The Organizer and/or any individual acting on their behalf and/or by any condition or forces of nature. Participant understands this means that Participant recognizes and understands the risks and that Participant releases and will not make a claim against or sue The Organizer for any unintentional act and negligent act and that The Organizer is protected to the full extent allowed by law in the event it causes any injury or damages to Participant by or as a result of participation in the Retreat.
Participant also agrees to indemnify, reimburse, hold harmless and release The Organizer from and for any financial obligations or liabilities that Participant may incur or any damage or injury to the person or property of others caused by Participant while participating in the Retreat.
ACTIVITIES INVOLVING TRANSPORTATION, TRAVEL AND BEHAVIOR
Additionally, Participant understands and agrees that The Organizer are not responsible for Participant’s independent means of transportation to or from the Retreat. Participant understands and agrees that The Organizer are not responsible for any failure or act, including negligent, grossly negligent, reckless or intentional acts, of any common carrier, leased or hired transportation, including, but not limited to, airlines, trains, buses, cars.
Participant understands and agrees that as a condition of participation in the Retreat, they must observe appropriate standards of conduct, as outlined in The Organizer’s “Code of Conduct,” given to Participant upon registration for Retreat. In case of violation of this provision, at the sole discretion of The Organizer, Participant agrees that The Organizer may exclude Participant from all or part of the Retreat without further obligation or liability of The Organizer. Participant assumes the risk, holds harmless, covenants not to sue, releases and indemnifies The Organizer from any liability for such decisions and/or actions.
Participant agrees to indemnify The Organizer and pay their reasonable attorneys’ fees and costs for any claim or legal action Participant makes in violation of this Terms and Conditions Agreement and General Release.
Eligibility and Age Requirements: All Participants must be at least 21 years of age (at the time of the event) and be able to provide proof of vaccination against COVID-19.
Participant must be able to provide proof of vaccination against COVID-19 in advance of the Retreat.
Cancellation by The Organizer: Although unlikely, The Organizer reserve the right to cancel the Retreat due to low enrollment or if, for any reason, it determines the conduct of the Retreat is no longer viable. Should The Organizer cancel the Retreat, The Organizer will make every effort to refund as much of the monies received as possible or make comparable offers in the form of credits for future events. In the event this happens, Participant agrees that they are entitled to only and will accept only the refund as Participant’s sole remedy and entire compensation in relation to the Retreat, and The Organizer shall have no other obligation, duty or liability to Participant for any loss, injury, refund or other claim whatsoever.
Cancellation by Participant: A non-refundable deposit is due upon registration (amount depending on which Retreat(s) the Participant attends) and the remaining payment will be due no later than three months from the Retreat (date noted on registration). If the full balance is not paid by the date indicated on registration or the deposit not paid within 16 days of notification of acceptance, Participant loses their spot at the retreat and no refund will be made on any payments paid up until that point. No refund by The Organizer to Participant will be made or due for any reason or circumstance. This policy by The Organizer is based on the requirements of non-refundable prepayment of services/vendors to the retreat center, suppliers, and administrative efforts to reserve your space.
If for any reason Participant decides to leave the Retreat early, Participant agrees that they will not be entitled to any refund from The Organizer for the remainder of the Retreat and that it is Participant’s sole responsibility, not that of The Organizer, to make their own arrangements needed to return to their home destination at Participant’s own expense and The Organizer shall have no further obligation, duty or liability to Participant for any loss, injury, refund or other claim whatsoever.
Right to Decline Acceptance or Exclude from Retreat: The Organizer reserve the right, in their absolute and sole discretion, to decline to accept a Registration from (and refund any funds paid it by Participant) or to exclude from further participation any Participant they judge to be incapable of meeting the rigors and requirements of participating in the activities, or any person whose actions and or behavior may impede trip operation or potentially impede the rights, general welfare or enjoyment of other retreat members. The Organizer shall owe no refund to any Participant it excludes from the Retreat at any time during the course of the Retreat and The Organizer shall have no other obligation, duty or liability to Participant for any loss, injury or other claim. Further, it will be Participant’s sole responsibility, not that of The Organizer, to arrange to return home at Participant’s own expense.
Insurance: We strongly advise Participant to purchase effective trip cancellation insurance (including travel insurance and/or “Cancel for Any Reason insurance”) and additional health insurance at their own expense. Be sure to ask your insurance advisor to fully explain the terms and conditions of any such coverage.
For events requiring travel, pParticipant understands and agrees that it is their obligation and responsibility to timely ensure that Participant has a valid passport for entry into any country where an Elixir Writing Retreat is held, which must have at least 3 months validity as at the date of entering the destination country.
The Organizer occasionally may find it necessary to make changes in their stated itinerary. The Retreat makes every effort to keep such changes to a minimum.
Participant acknowledges that they have voluntarily applied to participate in the Retreat and that all choices of activities are their own voluntary choice.
Medical advice: The Organizer do not provide, have no duty to provide, and do not purport to provide any counseling, psychological, psychiatric or medical advice or treatment in respect to any medical or health related matter. No such services are provided as part of the Retreat.
Health Insurance: Participant understands and agrees it is their responsibility and obligation to check with their health insurers to confirm that they will be covered by appropriate medical insurance for all travel to and during the Retreat as well as for full participation in the Retreat. By signing these Terms and Conditions, Participant confirms that they are in good health and have arranged (or will arrange) for appropriate health insurance, accepted in France, and have been determined fully capable of participating in the Retreat.
Emergency Medical Situations: Participant recognizes that as a result of participation in the Retreat, medical treatment on an emergency basis may be necessary. Participant further recognizes that The Organizer may be unable to obtain consent to assist, as practicable, in obtaining emergency medical care at the time of the emergency. Accordingly, Participant hereby consents in advance to such emergency care, including hospital care, as may be deemed necessary under the then existing circumstance. Additionally, should Participant sustain or incur any accident or illness while involved in the Retreat, they grant to The Organizer the full authority, at Participant’s expense, to take whatever action The Organizer believe is warranted under the circumstances.
The Organizer at their discretion may place Participant, at their expense, in a hospital at any point for emergency medical services. In the event that Participant is physically or mentally unable to consent in an emergency medical situation, Participant hereby specifically authorizes The Organizer to act on their behalf to execute any and all documents, including any necessary liability waivers or releases, which might be required by any medical facility to admit and/or perform any emergency care for Participant. Participant grants permission for any and all treatment (including medical or surgical treatment recommended by a medical doctor) deemed necessary for a condition arising during participation in the Retreat. Participant further assumes the risks, waives any claims against, holds harmless, covenants not to sue, releases and indemnifies The Organizer from any liability for such emergency decisions or actions which may be taken on Participant’s behalf, including unintentional harm or injuries compounded, caused or increased by negligent acts, rescue operations or procedures to Participant by The Organizer. Participant further specifically acknowledges that The Organizer have no duty to render emergency aid or assistance as set forth above, and this Agreement confers no duty of The Organizer to Participant to undertake the emergency actions so authorized. Should The Organizer undertake emergency actions, Participant agrees The Organizer should be protected from liability to the fullest extent allowed by law.
RIGHT TO PROMOTIONAL PHOTOGRAPH AND VIDEO
The Organizer reserve the right to take photographic or film records of any of our excursions and retreats, and Participant agrees that it may use any such records for promotional and/or commercial purposes.
THIRD PARTY SERVICE PROVIDERS and MATTERS BEYOND THE ORGANIZER’S CONTROL
No liability for third party suppliers not affiliated with The Organizer:
The Organizer give notice that services provided in connection with their Retreat itineraries, including transportation, château accommodation, catering, restaurants and other services, while Participant is attending the Retreat, are purchased from various independent suppliers/contractors who are not affiliated with The Organizer in any way. Although The Organizer endeavor to choose among the best suppliers available, The Organizer have no right or duty to control their operations and therefore make these arrangements upon the express condition that The Organizer shall not be liable for, in any manner whatsoever and for any reason for any damage or injury to person or property caused through the conduct or default of any contractor, company or individual engaged in providing these services. Similarly, The Organizer give notice that it is not affiliated with or liable for the acts of any emergency medical service, doctor, paramedic, nurse, hospital, health care provider or emergency transportation should emergency medical services become necessary. Each of these passenger conveyance companies, hotels/accommodations, restaurants, transportation providers, medical services, hospitals, doctors, paramedics, nurses, health care providers, emergency transport providers, etc., is independent of The Organizer and The Organizer shall not be liable in any manner whatsoever or for any reason for any damage or injury to person or property thereby.
No liability for matters beyond the Retreat or The Organizer’s control.
Participant agrees that The Organizer shall not be liable for: (a) expenses such as additional housing accommodations and meals not specified in the Participant’s trip itineraries which may be required either en route, prior to, or following a trip, when caused by individual Participant’s travel arrangements, by airline/transportation scheduling or airline/transportation schedule changes, canceled or missed flight/transportation or flight/transportation connections or by other factors not under The Organizer’s control; (b) expenses incurred in recovering luggage lost by airlines or other transportation or lodging, belongings left behind on a trip, or in shipping purchases or other goods home from abroad; (c) damage or injury to person or property for any reason, including but not limited to acts of God, weather, quarantines, strikes, civil disturbance, theft, default, detention, annoyance, changes in government regulations, terrorism, war, or failure of conveyance to arrive or depart as scheduled, etc., over which The Organizer has no control; (d) expenses for emergency medical services and/or emergency transport and/or injury or damages sustained thereby.
VOLUNTARY ASSUMPTION OF RISK FOR ANY SWIMS AND EXCURSIONS AND PHYSICAL ACTIVITY
Opportunities for swimming in an on-site swimming pool, walks, excursions or other physical activity may present during the Retreat. If these activities occur, participation will be entirely optional. In the event any of these activities do occur and Participant chooses to participate, Participant understands that participation in any swim, hike or other physical activity, indoor or outdoor, may carry with it certain inherent risks (known or unknown) which cannot be eliminated regardless of the care taken by Participant, The Organizer, or others to avoid injuries, including serious injury (including disability or death). Should Participant choose to voluntarily participate, they do so with full knowledge that a swim, hike, or physical activity may be hazardous and/or cause serious injury/damage to their property and themselves. Participant voluntarily assumes full responsibility for any risk of loss, property damage or personal injury, including serious injury, disability or death, which may be sustained by me as a result of their participation. Participant separately warrants that they have obtained appropriate travel insurance, with appropriate medical coverage, for such additional activities.
RELEASE, WAIVER AND INDEMNITY – SWIMS, HIKES AND PHYSICAL ACTIVITY
Participant understands that any swims, walks, excursions, and physical activity (“activity”) are (or may be) physically strenuous and include risks and dangers, known and unknown, and the necessity to be alert and aware of my surroundings. Participant agrees they know of no medical reason why they should not participate in such physically/mentally strenuous indoor or outdoor activity. Participant not only fully assumes the risks, but hereby also releases, waives, holds harmless, covenants not to sue, discharges and agrees to indemnify The Organizer from all actions, claims, injuries, demands, liabilities, rights, causes, and actions of any kind or nature, which may result from or occur during my participation in activity whether unintentionally caused by the negligence of The Organizer or otherwise. Participant also agree to indemnify and hold harmless The Organizer for any loss, liability, damage or costs, including court costs and attorney’s fees, which may occur as a result of their own negligent or intentional act or omission while participating in any swimming or hiking excursions or other physical activity, indoors or outdoors.
GOVERNING LAW AND JURISDICTION
Maryland Law and Courts. This Agreement (comprising the Registration Form and the Code of Conduct Agreement, Including Release and Waiver of Liability) shall be interpreted in accordance with the laws of Maryland, without giving effect to provisions as to conflicts of laws. Any disputes relating in any way to this Agreement will be resolved in the state or federal court located in (or if none is located in, then the nearest to) Baltimore, Maryland, which court will have exclusive jurisdiction and venue over such dispute.
SEVERABILITY, INTERPRETATION AND CONSTRUCTION
Should any clause, sentence, provision, paragraph or part of this Agreement for any reason whatsoever, be adjudged by any court of competent jurisdiction, or be held by any other competent government authority having jurisdiction, to be invalid, unenforceable, or illegal, such judgment or holding shall not affect, impair or invalidate the remainder of this Agreement, but shall be confined in its operation to the clause, sentence, provision, paragraph or part of this Agreement directly involved, and the remainder of this Agreement shall remain in full force and effect.
Should any provision be adjudged as overly broad, the Participant and The Organizer agree to interpret the provision to provide the broadest protections for The Organizer as allowed by law.
The Participant and The Organizer agree that every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning and not strictly for or against either party to this Agreement.
KNOWING AND VOLUNTARY EXECUTION
I have carefully read the Registration Form and these Terms and Conditions and fully understand their contents. I am also aware that these documents contain releases and waivers of liability, agreement to hold harmless and covenants not to sue (hold harmless), limitations of liability, and assumption of risks and promises to indemnify. I voluntarily and knowingly agree that in signing this Agreement, I have given up substantial rights. I understand this Agreement constitutes a contract between myself and The Organizer, and I sign it of my own free will.