Retreat Liability Waiver and Terms & Conditions
Mother Lotus, LLC (“Host”) is excited to present the Pause and Reset Retreat (“Retreat”) at the Ikal Tulum Hotel (“Venue”), from February 8-13, 2025. By registering for and attending the Retreat, I (“Participant”) agree to the following terms and conditions:
Assumption of Risk
I acknowledge that participation in a wellness retreat involves inherent risks, including but not limited to physical injury, emotional distress, illness, and property loss. I voluntarily assume all risks associated with my participation in the retreat activities, whether provided directly by the retreat or through third-party providers. These activities may include, but are not limited to, wellness sessions, excursions, workshops, and other organized activities associated with the Retreat.
I understand that all activities associated with the retreat are optional. I acknowledge that it is my responsibility to choose whether or not to participate in any given activity based on my personal health, preferences, and comfort level.
Indemnification
I hereby release, waive and discharge the Host, along with their principals, instructors, agents, employees, and volunteers, from any and all liabilities, claims, and expenses, including but not limited to attorney’s fees, damages, or causes of action, whether arising from negligence or otherwise, connected in any way with my involvement in the Retreat. This agreement shall be binding on me, my heirs, successors, representatives, executors, assigns, or transferees. Should any part of this agreement be deemed invalid, I agree that the remaining provisions will continue in full legal effect.
Traveling to certain destinations can involve higher risks. I understand it is my responsibility to stay informed about current news and review any travel prohibitions, warnings, announcements, or advisories issued by the United States Government before booking international travel, including COVID-19 regulations. If I choose to travel to a country with a travel warning or advisory, the Host will not be held responsible for any damages or losses that may occur.
Personal Responsibility
I understand what is and is not included in the Retreat package according to the website.
I agree to take full responsibility for my own well-being during the retreat. I will listen to my body, respect my limits, and make adjustments as necessary during wellness activities and other events. I understand that I am responsible for my own travel arrangements, airport transfers, and any other personal needs during the retreat.
I acknowledge that U.S. citizens traveling outside the United States must have a valid passport that is good for at least six months beyond the return date and that some countries may also require a visa for entry or transit. I understand it is my responsibility to ensure I have all the necessary documents for entry, including matching names on my tickets and ID.
I understand that immunizations may be required by the Retreat destination and that failure to comply with these regulations could result in denied boarding, denied entry, or government fines.
Medical Clearance
I confirm that I am in good health and emotionally, medically, and physically capable of participating in the activities offered during the Retreat. I have consulted with a healthcare provider regarding any medical conditions that may affect my ability to participate. I understand that it is my responsibility to inform the retreat organizers of any medical conditions or dietary restrictions prior to the retreat.
I understand that the Host does not provide medical emergency personnel at its retreats and hereby release and forever discharge the Host from any liability, claims, and causes in action that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with my involvement in the Retreat or associated activities.
I understand I must notify the Host prior to the start of the retreat of any health conditions that could pose a risk to myself or anyone else.
In the event of an emergency that the Host deems necessitates medical treatment, I authorize the Host to contact emergency medical providers on my behalf.
Itinerary Changes
While the Host will do its best to follow the planned itinerary, it is possible that unexpected events could necessitate a change in the itinerary. If this happens, the Host will endeavor to provide all services described in the itinerary though they may occur in a different sequence than anticipated. Uncompleted portions of the retreat itinerary are not cause for refund.
The Host reserves the right to cancel any retreat prior to departure in the event that there are too few people booked, in which case full refunds of any and all payments made to the Host will be given. I understand I am not entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damages (either direct or consequential) or for any loss of time or inconvenience that may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
Force Majeure
The Organizer is not responsible for any loss, damage, delay, or cancellation caused by events classified as Force Majeure. These events include, but are not limited to: natural disasters (such as fires, earthquakes, floods, hurricanes, or volcanic eruptions), severe weather, environmental hazards, pandemics, epidemics, government travel restrictions, acts of war, terrorism, civil unrest, strikes, labor disputes, or any other circumstances that prevent the retreat from proceeding as planned.
In the event of a Force Majeure, the Organizer will make reasonable efforts to reschedule the retreat. If rescheduling is not possible, the Organizer is not obligated to provide a refund. However, if the Organizer is able to recover any funds from third-party suppliers, these will be refunded to participants, less any non-refundable planning or administrative fees.
Governing Law
This Retreat Waiver shall be governed by and construed in accordance with the internal laws of the State of Illinois 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 in any legal suit, action, or proceeding arising out of or based upon this Retreat Waiver: Lake County, IL.
Transfer Policy
Reservations cannot be transferred from one retreat to another.
Retreat Deposit and Payment Terms
A non-refundable $750 deposit is required to secure your spot for the retreat.
The final remaining balance is due by or earlier than November 30, 2024. If the full payment is not received by the due date, your spot may be forfeited, and the deposit will not be refunded.
I understand that deposits and payments for the retreat are non-refundable. If a non-refundable deposit is made, the remaining balance will be due by November 30, 2024. Participants will receive a reminder email one week prior to the due date. If full payment is not received by this deadline, the Host reserves the right to cancel my reservation and fill my spot. The Host will make reasonable efforts to avoid this situation by contacting me prior to and on the day of the balance due date.
All prices are per person and are set well in advance of the retreat start date. Prices include retreat costs only; they do not include travel costs to and from the retreat.
Exceptions to our cancellation policy cannot be made for ANY reason, including weather, terrorism, civil unrest, health changes, personal emergencies or otherwise. There is no refund for arriving late or leaving a trip early.
Mother Lotus International Retreat Cancellation Policy
At Mother Lotus, we strive to create transformative experiences for our participants. We understand that sometimes unexpected circumstances may require changes to your travel plans. This cancellation policy outlines the terms and conditions for cancellations, refunds, and changes to bookings for our international retreats.
Cancellation by Participant
More than 90 days before Retreat (November 10, 2024): Participants must notify Mother Lotus in writing of their intent to cancel on or before this date. If you do so, you will receive a full refund minus the non-refundable deposit.
More than 70 days before Retreat (November 30, 2024): If you wish to cancel, written notice must be provided on or before this date. You will receive 50% of the total payment, minus the non-refundable deposit.
Less than 70 days before Retreat (December 1, 2024 and beyond): Cancellations made after this date will not be eligible for any refund. We strongly recommend securing travel insurance that covers trip cancellations for peace of mind.
Changes to Booking
Changes to your booking (e.g., transferring to another retreat or participant) may be possible if requested at least 60 days before the retreat start date of February 8, 2025. A transfer fee may apply.
All requests for changes are subject to availability and approval by Mother Lotus.
Cancellation by Mother Lotus
Mother Lotus reserves the right to cancel any retreat for any reason, including low enrollment, weather, or unforeseen circumstances that make the retreat non-viable.
In the rare event of a cancellation by Mother Lotus due to dangerous weather, political unrest, acts of god, and other force majeure events, any refund provided will depend on Mother Lotus receiving a refund from the Venue.
Mother Lotus is not responsible for any additional expenses incurred in preparation for any canceled retreat, such as loss of work, airfare, travel insurance, or other costs associated with preparing for your trip. We strongly recommend purchasing comprehensive travel insurance to cover these potential costs.
Travel Insurance
Travel insurance is highly recommended for all participants to protect against unforeseen events such as illness, flight cancellations, or other disruptions.
It is the participant's responsibility to ensure their insurance coverage includes international travel, medical emergencies, and retreat cancellations.
Force Majeure
Mother Lotus is not liable for cancellations, delays, or changes due to events beyond our control, including natural disasters, pandemics, government restrictions, or other unforeseeable circumstances. In such cases, Mother Lotus may offer a rescheduled retreat date or a partial refund, at our discretion.
Refund Process
Refunds, if applicable, will be processed within 30 days of cancellation confirmation.
Refunds will be issued to the original payment method unless otherwise agreed upon.
Photographic and Media Release
I hereby grant the Host, its representatives, employees, and affiliates the right to take photographs and/or videos of me during the Retreat. I authorize the Host to use and publish the photographs and/or videos in any format, including but not limited to print materials, online publications, social media platforms, websites, and promotional materials such as workbooks, flyers, and advertisements.
I understand and agree that these photographs and/or videos may be used without compensation to me. I also understand that the Host may use these photographs and/or videos for an unlimited time without notifying me. I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I release the Host, its representatives, employees, and affiliates from any liability whatsoever arising out of the use of said photographs and/or videos.
I also understand that videos may capture my voice and/or any comments or testimonials I make during the activities and events. I consent to the use of my voice, comments, and testimonials in conjunction with the photographs and/or videos, as described above.
I understand that my participation in yoga and wellness activities and events organized by the Host is voluntary, and I am not required to consent to the use of photographs and/or videos of me. My decision to grant this consent is made voluntarily and with full knowledge of its consequences.
Dispute Resolution and Arbitration
At Mother Lotus, we are committed to maintaining a positive and respectful relationship with our participants. In the unlikely event that a dispute should arise, we encourage open communication and will do our best to resolve any issues amicably. However, if a resolution cannot be reached, the following terms will apply:
Good Faith Negotiation
Any dispute, controversy, or claim arising out of or relating to your participation in a Mother Lotus retreat, including any claims relating to the cancellation policy, payment terms, or other retreat conditions, shall first be resolved through good faith negotiations between the participant and Mother Lotus.
Either party may initiate the negotiation process by providing written notice to the other party, describing the nature of the dispute and the relief sought. The parties will engage in discussions in an effort to resolve the dispute within 30 days of the notice.
Arbitration Clause
If the dispute cannot be resolved through negotiation within 30 days, the dispute shall be resolved by binding arbitration administered by the 22nd Judicial Circuit of McHenry County, Illinois in accordance with 710 ILCS 5/1 et seq.
The arbitration shall be conducted in the State of Illinois at The 22nd Judicial Circuit of McHenry County, unless otherwise agreed upon by both parties in writing.
The arbitration will be conducted in English by a single arbitrator who is knowledgeable in the subject matter of the dispute.
The arbitrator's decision shall be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Waiver of Class Actions
All claims and disputes must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one participant cannot be arbitrated or litigated jointly or consolidated with those of any other participant.
Costs of Arbitration
Each party shall bear its own costs and expenses associated with the arbitration, including attorney fees, unless otherwise determined by the arbitrator as part of the final award.
Governing Law
This Dispute Resolution and Arbitration Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles.
Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction in order to protect the rights or property of either party pending completion of arbitration.
Severability
If any part of this Dispute Resolution and Arbitration clause is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
General Provisions
Severability Clause
If any provision of this Agreement, including the cancellation policy, dispute resolution, or any other term, is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or through arbitration, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the invalid, illegal, or unenforceable provision shall be deemed severed from this Agreement.
The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected or impaired in any way by such modification or severance. The parties agree to negotiate in good faith to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that reflects the original intent of the parties as closely as possible.
Acknowledgment of Completeness
This Agreement, including all policies, terms, and conditions outlined herein, constitutes the entire understanding and agreement between Mother Lotus and the participant with respect to the subject matter hereof. This Agreement supersedes all prior and contemporaneous discussions, agreements, representations, warranties, and understandings, whether oral or written, related to the retreat.
The participant acknowledges that they have read, understood, and agreed to all terms and conditions of this Agreement. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Mother Lotus and the participant.
The participant further acknowledges that they are not relying on any statements, promises, or representations not expressly set forth in this Agreement.