This Contract between Attendee (hereafter referred to as “ATTENDEE”) and Radiant & Rooted, LLC (hereafter referred to as “COMPANY”) an Idaho limited liability company, organized under the laws of the state of Idaho, having its principal place of business at the following address:
3188 E Holly Drive
St. George, UT 84790
Website Address: www.radiantandrooted.com (the "Website")
Email: [email protected] (the "Business Email")
Dates: June 28, 2021 – June 30, 2021
- Scope of Work: This contract is for services and products prior to, during, and following Radiant on the Ranch (“RETREAT”) at Holmstead Ranch Resort in Central, Utah to take place June 28 – 30, 2021.
Dinner on June 28. Breakfast, lunch and dinner on Junee 29. Breakfast June 30. Housing is to be bought separately by ATTENDEE through Holmstead Ranch Resort. ATTENDEE will cover transportation to and from the RETREAT.
COMPANY will provide ATTENDEE with experiences and principles to help improve ATTENDEE’S life – however, COMPANY makes no guarantee that the items provided will change or improve ATTENDEE’S life.
- COMPANY may request the provision of additional information, such as identification and travel information and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the Retreat, including the itinerary by email. Please be advised the itinerary is subject to change and may be modified by COMPANY at any time. You hereby acknowledge and agree that COMPANY has a right to do so for any reason, including, but not limited to weather, third-party vendors or providers, and any local circumstances which COMPANY deems unfit for travel.
- ATTENDEE is solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as passports, as well as any required and applicable travel visas, immunizations, or other required documentation for the locations being visited. COMPANY is not liable or responsible for ATTENDEE being denied entry or exit to or from any location or country.
- MODEL RELEASE
ATTENDEE grants permission to COMPANY and its assigns, licensees, and sublicensees, permission to use ATTENDEES image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses.
- ATTENDEE is recommended to purchase and maintain travel insurance during the entire length of June 28 – June 30, 2021. ATTENDEE is individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should include, but not be limited to: illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses, and/or liabilities.
COMPANY is not responsible or liable for any loss, illness, doctors visit, damage, expense, cost, or any other travel issue.
- HEALTH LIABILITY
ATTENDEE’S participation in the RETREAT indicates acknowledgment and agreement with, as well as warranty of, the following statements:
(a) It is my responsibility to consult a physician before participating in this or any Retreat to ensure my eligibility for strenuous Physical Activity and I affirm that I have no medical conditions that would restrict me from participating in any of the Physical Activities.
(b) I agree to hold the COMPANY, and if applicable, its employees, owners, agents, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Costa Rica Retreat. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.
(c) I agree that if I do experience medical issues, I will contact my doctor immediately.
(d) I agree and verify that all of the information that I have given the COMPANY and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
(e) I agree and verify that if I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold the COMPANY harmless against all
liability for any damages that may occur to myself or to others because of my actions or inactions.
(f) I agree to keep the COMPANY apprised of any changes or upcoming changes concerning my physical health and personal information.
(g) I understand and agree that it is my responsibility to let the COMPANY know if I find myself in any pain or discomfort before, after, or during The Expansion Retreat.
(h) If I do require medical treatment or attention while or after participating in the Retreat, I agree that the medical costs are mine and mine alone and hold the COMPANY blameless from any charges, fees, or costs that my conditions may incur.
(i) I specifically acknowledge and agree that these clauses are not intended to be a general release, which would be limited under some state and local laws.
(j) I agree to obtain health insurance that is valid in the country that I am traveling to for The Expansion Retreat.
- GENERAL ASSUMPTION OF RISK
ATTENDEE agrees and understands that your participation in the RETREAT may involve risks. These risks may lead to tangible or intangible harm, as discussed above.
It is ATTENDEE’s responsibility to familiarize yourself with all possible risks involved in participation in the RETREAT. You agree that COMPANY is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the RETREAT.
YOU ACKNOWLEDGE THAT YOUR DECISION TO ATTEND THE RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED ABOVE AND THAT YOU ARE ATTENDING OF YOUR OWN WILL AND VOLITION. YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.
- ATTENDEE hereby releases COMPANY, as well as any of COMPANY’S affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from ATTENDEE dispute with any other Guest or COMPANY.
If due to Co-Vid or other items outside of COMPANY’s control affects the travel to and from or restrictions regarding the RETREATA, it will be rescheduled and ATTENDEE will receive a FREE ticket to a retreat in southern Utah or the surrounding area in 2021.
If ATTENDEE cannot attend the retreat and chooses to cancel prior to the start of the RETREAT the ATTENDEE may sell the ticket to someone else. The ATTENDEE is fully responsible for the cost once the ticket is purchased. ATTENDEE will notify the COMPANY in writing regarding the sale of the ticket.
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- DISPUTE RESOLUTION In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Idaho. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the COMPANY will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- GOVERNING LAW This Agreement shall be governed by and construed in accordance with the internal laws of Utah 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: Washington County.
- HEADINGS Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.