Terms & Conditions

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This Contract ("Contract") is made effective as of today by and between Trip Organizer (“Trip Organizer”) and the individual ("Client”) receiving services (collectively, the "Services”) from Trip Organizer.

1. Description of Services

Trip Organizer will provide to Client the following Services:  Wellness Retreats

2. Payment

The fees associated with the Services provided by Trip Organizer to Client are due upon booking. In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, Trip Organizer has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies. 

Reservations: A deposit of $900 per person will secure space on a first come basis for the retreat. The total cost for the Trip is dependent upon final accommodation selection.

Note: to receive double room prices, there must be another person sharing the room. A very limited number of Single rooms are available and are on a first-come, first serve basis.

 

If you are paying by check: Please make checks payable to: SouthBay Wellness Collective or Marilyn Ashley.

 

Payment Schedule: I understand and agree to the following payment schedule: $900 deposit at the time of registration. Secondary payment of half of balance is due 120 days (approx. 4 months) before the Trip. Balance due 60 days (approx. 2 months) before the Trip.

 

Late Registration: Trip participants may register a month before the Trip, space permitting. However, in such cases payment in full is required at the time of registration.

 

Trip Price Does Not Include: Round-trip airfare, passports/visas, meals in transit or outside of the accommodations (unless specified in the schedule), outside optional health and wellness services, gratuities, fees for usage of the spa, any additional excursions (unless specified in the schedule), or any items of a personal nature. Changes: The Trip price is based on current rates of exchange and is subject to adjustment prior to departure. Once a deposit has been received the Trip rate is secure except in the event of a substantial change in the exchange rate. Changes to the itinerary are not anticipated; however, the Trip Organizer reserves the right to make any changes that it determines are necessary, with or without advance notice. Changes in itinerary will not incur extra charges for participants or result in a refund of any portion of the Trip price.

3. Cancellations and Rescheduling 

If you cancel your participation in a retreat for any reason, there will be no refunds for any payments you already made. There will also be no refunds or discounts for: arriving late, leaving early, flight cancellations, travel delays, or illness.

We wish we could compensate people for unforeseen circumstances (injury, family emergency, etc), but we have costs already incurred for reserving our retreat center and related services. To protect yourself, we strongly encourage you to purchase travel insurance that covers unforeseen personal circumstances.

To officially cancel, please send an email to Trip Organizer stating that you wish to cancel to info@eterearetreats.com and ensure you receive a reply of acknowledgment from the Trip Organizer.

 

The trip is subject to a minimum enrollment of five (5) guests. The Trip Organizer reserves the right to cancel the Trip prior to departure. If such cancellation is NOT due to circumstances beyond the Trip Organizer’s control, such as war etc. as set forth below, the Trip Organizer will refund all payments, constituting full settlement with the participant. No compensation or refund will be made when cancellation arises before or during the trip from circumstances beyond our and/or our suppliers’ control (force majeure) (See point 6 below). It is recommended that participants purchase their own trip cancellation insurance.

 

The Trip Organizer is not responsible for expenses, including but not limited to lodging, meals, and transportation, incurred for delays and/or detainments beyond the trip itinerary as a result of circumstances beyond our and/or our suppliers’ control such as war, etc. as set forth below.

4. Terms of Services

This Contract will terminate automatically upon completion by Trip Organizer of the Services required by this Contract. 

5. Termination

In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have (1) days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract. 

6. Force Majeure 

Force Majeure: If the performance of any part of this contract by the Trip Organizer is prevented, hindered, delayed or otherwise made impracticable by any reason and shall include, without limitation, acts of God, flood, storm or other similar occurrence, riot, fire, vandalism, orders or acts of military or civil authority, or by national emergencies, insurrections, or strikes, lock-outs, work stoppages, explosion, war, pandemic, or any other casualty or cause beyond the control of Trip Organizer, and which cannot be overcome by reasonable diligence and without unusual expense, Trip Organizer shall be excused from such performance to the extent that it is necessarily prevented, hindered or delayed thereby, during the continuance of any such happening or event and for so long as such event shall continue to prevent, hinder or delay such performance. We will make every effort to operate all retreats as advertised. We reserve the right to alter or cancel the retreat or make reasonable substitutions as deemed necessary. This contract shall be deemed suspended so long as and to the extent that any such cause shall operate to prevent, hinder or delay the performance by seller of its obligations. Upon the occurrence of any such event, Trip Organizer shall, as soon as reasonably practicable thereafter, notify Client of the nature and extent of any such force majeure condition referred to in the preceding subparagraph and advise Client the nature and extent thereof.

 

Following notice to Client under this Paragraph, all amounts paid by Client shall be retained by Trip Organizer for One Hundred and Eighty (180) days in the expectation of a resolution of any of the acts which may prevent the retreat under this Paragraph. If no additional retreat of equal value can be organized by Trip Organizer, with such Retreat Date set within such One Hundred and Eighty (180) day period and occur within One (1) Year of the Retreat Date, then such amounts paid to Planner, excepting the down payment, shall be returned to Client within One (1) Year of the original Retreat Date. If such retreat shall be organized using funds obtained under this Agreement and should Client opt out of such retreat, then Client agrees to forfeit all amounts paid under this Agreement to Trip Organizer paid under this Agreement to Planner.

7. Indemnification 

Trip Organizer shall indemnify and hold the Client and its affiliates harmless for any and all damages, losses, expenses, claims, liabilities, and judgments that may arise from the result of the Trip Organizer’s own misconduct or negligence.
The Client shall indemnify and hold the Trip Organizer as well as any associates of Trip Organizer harmless from any and all claims, losses, expenses, liabilities, or fees that may occur from the Client's negligence or breach of this agreement. 

8. Confidentiality 

Trip Organizer, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Trip Organizer, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. Trip Organizer and its contractors, employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. 

9. Communications

Business hours for Trip Organizer are not fixed and dependent on scheduling availability. Any inquiries shall be made to Trip Organizer by e-mail. Please allow up to 72 hours for a response to an inquiry. If the Client must cancel or change an existing appointment within 48hrs of the scheduled appointment, the Client must contact Trip Organizer by email.

10. Amendment 

This Contract may be modified or amended if the amendment is made in writing and signed by both parties. 

11. Severability

If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

12. Waiver of Contractual Right

The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. 

13. Waiver of Liability 

Client expressly agrees and contracts, on behalf of self, Client’s heirs, executors, administrators, successors, and assigns, that Trip Organizer and its insurers, employees, officers, directors, and associates shall not be liable for any damages arising from personal injuries (including death) sustained by Client, on, or about the premises, as a result of the use of any equipment or facilities, or as a result of any activity with Trip Organizer, regardless of whether such injuries result, in whole or in part, from the negligence of Trip Organizer.

14. Right to Refuse Service

For the benefit of everyone on your trip, the Trip Organizer reserves the right to accept or reject any Trip participant at any time without liability, and in the event it determines, in its sole and exclusive discretion, that a participant is disruptive to the harmony of the Trip, it may without any obligation to pay a refund or any other amount whatsoever, expel such participant from the Trip. Verbal, physical, written or other abuse including offensive behavior or sexual advances (including threats of abuse or retribution) of Trip Organizer or any contractor, employee, member, or officer will result in immediate account/service termination without notice.

The Trip Organizer will have no responsibility or liability for any participant who leaves the Trip prior to its conclusion or for any activity undertaken by any participant which is not included on the Trip itinerary.

15. Disclaimer — No Professional Advice

Although Trip Organizer is owned by a mental health professional, licensed medical practitioner, doctor, therapist, psychiatrist, psychologist, psychotherapist, or other professionally licensed health care provider or professional, they are not operating under this capacity for any of these gatherings/retreats/workshops. You are not considered a client under therapeutic care, and any agreement herewith does not constitute any therapeutic alliance.  Information from Trip Organizer or its affiliates or their employees or contractors is not intended to be a substitute for any professional advice, including, but not limited to, (a) professional psychological or medical advice, diagnosis, or treatment, (b) professional financial or investment advice or guidance,  (c) professional legal advice,  or (d) therapy and we cannot comment/advise on specific therapeutic questions/situations. Never disregard or delay seeking professional medical advice or other professional advice because information is received through Trip Organizer’s Services. Trip Organizer is not engaged in the practice of medicine or law and does not recommend or endorse any specific products, procedures, treatments, medications, opinions, or other information that may be mentioned, discussed, or described through Trip Organizer’s Services. Trip Organizer is not engaged in providing financial or investment advice, and its employees and contractors are not registered financial advisors. Client’s reliance on the information provided by Trip Organizer is solely at your own election or choice. Any and all decisions that Client makes that are based in whole or in part upon information provided by the Trip Organizer, its employees, its contractors, or its sponsors will be Client's sole and exclusive responsibility. Client hereby consents that no contractual or legal liability arises against Trip Organizer through the reading and information provided to Client.

 

By participating in the Retreat, you consent that you are in good physical health and of sound mind and do not suffer from any condition that would hinder your participation in any activity with Trip Organizer. These activities include, but are not limited to, classes, treatments, ceremonies, workshops, or various other activities. Participation in all offerings held by Trip Organizer is strictly for entertainment purposes, and any personal medical concerns are under the care of a medical professional. Any advice given is ultimately determined by your own free will and you hereby release any liability to sue Trip Organizer. Your participation in all activities confirms that you are fully responsible for any risks, injuries, or damages known or unknown without limitation. 

Trip Organizer shall in no event be held liable for any direct, indirect, punitive, special, incidental, or other consequential damages arising directly or indirectly from any activity during treatments, sessions, classes, workshops, retreats, and/or other events.

16. Health Disclaimer

Client consents that Client is in good physical health and of sound mind and does not suffer from any condition that would hinder Clients participation in any activity with Trip Organizer. These activities include, but are not limited to, classes, readings, treatments, sessions, ceremonies, workshops, or various other activities.
 

Client understands that Client’s participation in all offerings held by Trip Organizer is strictly for entertainment purposes and understands any personal medical concerns are under the care of a medical professional.
 

Trip Organizer shall in no event be held liable to Client for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any activity with Trip Organizer and from use of the information provided.

17. COVID-19 Safety Acknowledgement

In light of the ongoing pandemic of COVID-19, Clients who fall within any of the categories below should not engage in Trip Organizer’s in-person services and/or other face to face events. By attending an Trip Organizer service and/or event, Client certifies that Client does not fall into any of the following categories: 

1. Individual who currently or within the past fourteen (14) days has experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others.

2. Individual who believes that they may have been exposed to a confirmed or suspected case of COVID19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.

Client acknowledges and understands the following: 

1. Participation in services and/or events includes possible exposure to an illness from infectious diseases, including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist.

2. Client knowingly and freely assumes all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of Trip Organizer.

 

18. Photographs/Videotapes

The Trip Organizer will be photographing and videotaping parts of the Trip. The Trip Organizer reserves the right to use any such photographs/videos in its advertising, displays, publicity materials, and publications without obtaining further consent from any participant. Each participant releases the Trip Organizer and its representatives from any liability in connection with any such use of such photographs and videotapes. *If you do not want your likeness, photograph, or any image released in this manner, it is your responsibility to provide a WRITTEN notice to Trip Organizer at least 30 days prior to the event/gathering/retreat.

 

19. Nature of Trip/Permitted Behavior

All participants are encouraged to approach the Trip with a spirit of openness and adventure. Due to the nature of this trip, Client shall hold themselves to a reasonable standard during the Retreat Dates. This shall include no use of flammable tobacco products, smoking, vaporizers, or excess alcohol consumption. Smoking of any sort is not permitted in vans or cars, at meals, or inside the buildings or any excursion location space. Such policy is for the benefit of Trip Organizer’s additional clients and the Client themself. Should Client be deemed a danger to either themselves or others or express behavior that is contrary to the conditions and goals of the retreat as set forth in both this Agreement and ancillary documentation, including, but not limited to, the use of drugs, narcotics, or excessive alcohol, Trip Organizer shall have the right to remove such Client without prior notice solely at Trip Organizer’s discretion. Any amounts paid by Client prior to the removal will remain the property of Trip Organizer, and Client shall not be entitled to a refund or any other financial repayment or recapture. Client shall be responsible for any costs incurred in their removal, including, but not limited to, travel, hospitalization, additional transportation, and/or lodging. This trip is holistic, somatic, and movement-based. The nature of the Trip is not suitable for children.

 

20. Passport

A passport must be obtained in advance. Each participant is responsible for determining their specific passport requirements and for obtaining the necessary documents prior to departure. Non-U.S. citizens must consult with appropriate consulates to determine if any visas are needed.

 

21. Entire Agreement

This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written.

 

22. Governing Law and Venue

The interpretation, validity, and performance of this Agreement shall be construed and enforced in accordance with the laws of the State of California.

 

Client of their own free will hereby WAIVES any right to SUE FOR PERSONAL INJURY or otherwise hold liable the Trip Organizer or their affiliates and agents (collectively the “Planning Exhibitors”) for these risks. The Planning Exhibitors shall not be liable for any damages arising from personal injuries sustained by the undersigned on or about the Retreat Dates or as a result of my entering into this Contract unless otherwise stated herein or disallowed by California State Law or Applicable Federal Statute.

 

23. Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

 

24. Waiver of Contractual Right

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

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Acknowledgment and Agreement

By signing below, I acknowledge that I have read, understood, and agree to the terms and conditions outlined in this contract.

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