Terms & Conditions
Please read through this carefully as it is created to help and protect all involved, thank you.
TERMS OF SERVICE AGREEMENT
This page describes the Trust and Travel (operated by Erin Belair and Jade Moyano, collectively “TAT”) retreat terms and conditions (the “Terms”). It is your responsibility to fully understand these Terms for our retreat as set forth below. Should you have questions regarding the terms and conditions of a TAT retreat, we are available for consultation and would be happy to clarify any areas in advance of assenting to these Terms.
PAYMENT TERMS & CANCELLATIONS
Retreat Pricing. All prices are per person, set in advance of the retreat start date, and final. We require a non-refundable deposit to reserve your space in a retreat. You can find pricing and other payment details on wetrustandtravel.com (henceforth referred to as “the website”). Prices include retreat only; they do not include airfare to and from the retreat, ground transportation, meals outside of the retreat location, or any other incidental costs. Resort gratuities are also not included in the retreat price.
Retreat Payment. Payment can be made by Zelle, Venmo or PayPal.
Payment Method Changes. If it is necessary to make changes to previously submitted payment types, please contact TAT at trustandtravelretreat@gmail.com. Please provide your name and the best way to contact you (phone or email). Do not submit credit card information over email.
Strict Cancellation Policy. If you wish to cancel your retreat, please note we do not refund deposits or payments made towards the retreat. However, you can find someone to take your place and handle financial arrangements with the new guest (similar to selling tickets for a regular event to a friend that will take your place). Please reach out to us for further details. Exceptions to our cancellation policy will not be made for ANY reason, including weather, natural disaster, terrorism, civil unrest, virus, health changes, personal emergencies or otherwise. There is no refund for arriving late or leaving a trip early. This is why trip insurance is SO important - you can purchase “cancel for any reason” trip insurance for full coverage (see below).
Transfer Policy. You may not transfer your reservation from one retreat to another.
Retreat Participation and Cancellations. TAT reserves the right to make any changes deemed necessary in their sole discretion; including, but not limited to: advertised excursions, arranged transportation, advertised meals, rooms, etc. In the rare case of TAT cancelling the retreat, TAT will offer a full refund of your payment. TAT is not responsible for any expenses or damages incurred as a result of retreat cancellation including without limitation preparation costs, airline tickets, travel documents or other expenses. TAT reserves the right to cancel any retreat prior to departure in the event that there are too few people booked, in which case you will be given a full refund of any and all payments made to TAT. You will not be 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 which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
For the benefit of everyone on your TAT retreat, TAT reserves the right to accept or reject any 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 retreat, it may, without any obligation to pay a refund or any other amount whatsoever, expel such participant from the retreat. Retreat participants can leave a retreat at any time. TAT will carry no responsibility or liability for any participant who leaves the retreat prior to its conclusion or for any activity undertaken by any participant which is not included on the retreat itinerary. By agreeing to the terms outlined here and in the FAQ and retreat page elsewhere on the TAT website I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation on this TAT retreat.
TRIP INSURANCE & DOCUMENTS
Trip Insurance. Guests are strongly advised to purchase individual trip insurance for international retreats. We can recommend World Nomad insurance but this is not an endorsement of World Nomad and TAT has no relationship with World Nomad. Residents from outside the U.S. should check within your country for insurance coverage. Please contact us for more information or questions on purchasing travel insurance. TAT will not be held responsible for any delay, additional expense or inconvenience that may be caused directly or indirectly by events outside of our control (ie: late arrival/departure of flights, civil disturbance, fire, flood, cyclones, severe weather, acts of God, and acts of government, machinery or equipment failure, or cancellations for any reason.) No refunds will be given for “no shows” or days not used resulting from the above aforementioned.
Travel Documents and Immunizations. It is the responsibility of each traveler to obtain all required travel documents, including visas, unless otherwise noted. It is your responsibility to purchase necessary immunizations. Please contact your nearest travel clinic for the latest requirements. Please contact us with any questions regarding required documents for a specific retreat. Make sure your passport is up to date!
ROOMMATES
Roommate Assignments. Retreat Rates are per person. Double or otherwise advertised shared rooms require shared occupancy for the specified room rate. If you book a shared room without specified roommate(s), we will do our very best to match you with your desired room type and price point. In the event we can’t find you a roommate for your first pick, we will present you with different rooming options.
ACKNOWLEDGEMENT
Assumption of Risk. I acknowledge that I have voluntarily enrolled to participate in this TAT retreat. In consideration of TAT allowing me to participate in this TAT retreat, I agree to this release of claims, waiver of liability and assumption of risks. On behalf of myself, my heirs, executors, successors, administrators and any other person who may have an interest at common law or by operation of statute, I hereby waive any and all claims I or such parties may have now or in the future. I release from liability TAT and any teachers, employees, guides, agents or representatives (“the releasees”) for any personal injury, death, property damage or loss or any nature suffered by me as a result of participation in any activity on the retreat. I release from liability TAT for any cause whatsoever including those arising out of, or in any way connected to or occasioned by the negligence of the releasees. The terrain, natural areas and the ocean are subject to natural forces which result in obstacles and hazards. In some instances activities that contain water can be cold and/or turbulent and extended immersion can be life threatening. Risks can include but are not limited to: i) Isolation: This TAT retreat may be in wilderness and natural areas which may not be regularly patrolled, communication may be difficult and rescue and medical treatment may not be available for hours. ii) Animals: This TAT retreat may include hiking in natural areas which may result in encounters with wild animals and insects which may injure or kill. iii) Weather: conditions vary from retreat to retreat and may include but rapid and/or extreme changes presenting significant challenges.
iv) Environmental Risks and Hazards vary but may include but are not limited to: rapidly moving, deep or cold water; insects, snakes and predators, including large animals; falling and rolling rock; lightning, flash floods and unpredictable forces of nature, including weather which may change to extreme conditions without warning. Possible injuries and illnesses include high altitude illnesses, sunburn, heatstroke, dehydration and other mild or serious conditions. v) Activities: varying and may include but are not limited to: hiking, backpacking and climbing in a wide variety of environments including on rock; bicycling on trails and roads with a wide range of surface conditions and traffic volume; rock climbing, climbing on climbing apparatus and ropes courses, using zip-wires and rope swings; white-water rafting, river kayaking, paddle boarding, sea-kayaking and canoeing; swimming, snorkeling and surfing; fishing. Throughout the retreat, participants are responsible for their own safety. I acknowledge the enjoyment and challenge I receive from the activities of this TAT retreat and the wilderness and natural outdoor experience, its isolation and the opportunity to experience wildlife and nature in a natural surrounding and state, and emotional experiences resulting from personal growth exploration, this is my reason for participating in this TAT retreat, and I voluntarily assume all risks associated with these activities and freely waive any and all legal rights that I may have against the releasees.
PHYSICAL TRAINING RELEASE OF LIABILITY
Express Assumption of Risk. I, the undersigned, am aware that there are significant risks involved in physical activity, including but not limited to, the physical activities inherent to all yoga and other retreat activities, and that my participation in the retreat carries with it the potential for death, injury, and/or property damage. The risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; those risks caused by terrain, facilities, temperature, natural disasters, volcano, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration. These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participating, volunteering or watching in any physical training, including this yoga and writing program. I hereby disclose that I have no physical impairments, injuries, or illnesses that will endanger me or others. I acknowledge that I am willingly participating in these activities and that I have assumed all risks as described above. In consideration for my being allowed to participate in the activities offered, I, the undersigned hereby release TAT, their principals, teachers, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. If I am signing on
behalf of a minor child, I also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
In no event will TAT, its officers, directors, employees, or agents, be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, or consequential damages arising out of the retreat, whether the damages are foreseeable and whether or not TAT has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
Indemnification. The participant recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce these Terms, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless TAT and the hosting organization, their principals, agents, employees, and volunteers from liability for any claims that may arise from (a) my negligent or intentional act or omission while participating in the retreat or retreat-related activities; (b) my violation of these Terms; or (c) my violation of any third-party right in connection with the retreat..
INTELLECTUAL PROPERTY AND PRIVACY
I understand and agree that all conversations in workshop or otherwise throughout the duration of TAT retreat are to remain private. The sharing of sensitive information and intellectual property shall remain solely owned by the party who shares it. I understand that I am not to share anyone’s personal information nor their intellectual property which includes but is not limited to published writing, in progress writing, and the sharing of ideas. I will respect the work of other writers both verbally and in the written word. The leaders of TAT reserve the right to ask any participant to leave a workshop should they exhibit disrespectful or harmful behavior to either teachers, staff, or other retreat attendees. TAT reserves the right to decide in their sole discretion what is disrespectful. I agree that TAT is a safe space to share ideas and personal stories, therefore I will respect the privacy of every teacher and participant.
ALLERGEN ENVIRONMENT
Food Allergies and Allergies Notification, Acknowledgement, and Release of Liability. An environment free of allergens, including but not limited to food allergens, CANNOT be guaranteed on the TAT retreat. Therefore, the released parties cannot guarantee that any particular food product is free of all traces of any particular allergen, that consumption of a food product will not result in some form of allergic reaction, or that the participant will not come into contact with any allergens while in attendance on the TAT retreat. The undersigned acknowledges and agrees that i) she/he is aware of such risks and that participation in the event will expose the participant to food, activities and persons that may result in exposure to allergens and injury and, in that regard and assuming such risks, the undersigned hereby fully releases and discharges the Released Parties from any and all liability and/or responsibility to the participant, the undersigned, or any third party for death and/or injuries to the participant, and/or any direct, indirect, punitive, incidental, or any damages that arise out of or relate to participant’s participation in the TAT retreat and/or exposure to food allergens.
USE OF YOUR NAME AND LIKENESS
Permission for Capture and Use. “Media” is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable consideration received, I grant to TAT the absolute and irrevocable right and unrestricted permission concerning any captured media that she/he has taken or may take of me or in which I may be included with others, (a) to use, copy, modify, distribute, display, perform, publish, and republish in whole or in part, individually or in connection with other material, in any and all publishing platforms now or hereafter known, including the Internet, and for any purpose whatsoever, including without limitation illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and (b) to use my name in connection with any such uses. I release and discharge TAT from any and all claims and demands that may arise out of or in connection with the use of the media, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of TAT and any photographer, videographer, interviewer, editor, and all other the person(s) capturing media at the direction of TAT. This release shall be binding upon me and my heirs, legal representatives, and assigns.
WAIVER
Release and Waiver of Liability. As consideration for being permitted by TAT to participate in retreat activities, I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue or attach the property of TAT, their affiliates, teachers, employees, agents or volunteers or any of their affiliated organizations for injury or damage resulting from acts, howsoever caused, by any employee, agent, or contractor, or any of their affiliated organizations, as a result of my participation in the TAT retreat. I hereby release TAT, and any of their agents or affiliated organizations from all actions, claims or demands that I, my assigns, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury, damage, or death resulting from my participation in the TAT retreat.
YOUR HEALTH
I acknowledge that TAT does not offer medical advice and its instructors and staff cannot give me medical advice or diagnosis. I practice all suggestions and instructions including that relating to the use of equipment, breath, postures, and other movements voluntarily. I represent that I understand that physical exercise and transformative practices of any sort can be strenuous at times, and that such activity presents a risk of injury. I further understand that it is my responsibility to judge my physical, spiritual, emotional, and mental preparedness for such activities. It is my responsibility to ensure that by participating in retreat activities I will not exceed my limits, and I will select the appropriate level of activity for my skills and abilities, as well as for any mental, emotional, spiritual, or physical conditions and/or limitations I have.
I am medically, physically, emotionally and in all respects fit and able to participate in the TAT retreat. I agree I will be fully and financially responsible for my own physical condition and well-being during the retreat and will follow the safety precautions and instructions prescribed by TAT. I acknowledge that TAT may make suggestions from time to time that are intended to help me and my well-being. However I take ultimate responsibility for my choices and realize that Erin Belair and Jade Moyano are not licensed medical providers and that I must consult my doctor. I will not hold TAT (Erin Belair and Jade Moyano or guest teachers) responsible for any pain or discomfort I experience during or after the retreat. I understand that the activities offered on this retreat are not a substitute for medical care, physically or emotionally. I understand that Erin Belair and Jade Moyano are not qualified to treat physical or mental illness.
DISPUTE RESOLUTION AND ARBITRATION
You and TAT agree that any dispute, claim, or controversy between you and TAT arising in connection with or relating in any way to these Terms or to your relationship with TAT as a retreat participant (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these terms) will be determined by mandatory binding individual (not class) arbitration. You and TAT further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the Arbitration Clause or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration.
Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and TAT will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and TAT agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision herein). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at +1-800-778-7879.
A party who intends to seek arbitration must first send a written notice of the dispute to the other by electronic mail ("Notice"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or TAT may commence an arbitration proceeding.
If this Arbitration Clause is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described immediately below shall govern any claim in court arising out of or related to these Terms.
GOVERNING LAW & JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. Any claim or dispute between you and TAT, Jade Moyano, or Erin Belair that arises in whole or in part from the retreat or activities described in these Terms shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.
Other than as explicitly agreed upon in writing between you and TAT, these Terms constitute all the terms and conditions agreed upon between you and TAT regarding the retreat, and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. Unless as otherwise stated here, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by law.
QUESTIONS? If you have any questions regarding our policies, please contact TAT via email at trustandtravelretreat@gmail.com