TERMS & CONDITIONS OF PELVIC SOL PHYSICAL THERAPY AND WELLNESS RETREATS
MUST READ FOR ALL RETREAT PARTICIPANTS
This Agreement (“Agreement”) is made between Pelvic Sol Physical Therapy and Wellness LLC (“Host”) and you (“Participant”) in respect of the retreat named at booking (“Retreat”). By booking a place on the Retreat, Participant agrees to the terms below.
1. DEFINITIONS AND RULES OF CONSTRUCTION
The following definitions apply to this Agreement:
a. “Agreement” refers to this Agreement in its entirety.
b. “Practices” refers to the following activities: embodiment, breath work, energy work, wellness practices, education, movement, and yoga instruction.
c. “Retreat” refers to the retreat named at booking, hosted by Host. The Retreat will include a variety of activities involving general wellness, pelvic health, embodiment, movement, and energy work.
d. “Destination Country” refers to the country in which the Retreat is located.
e. “Participant” refers to the student and traveller who wishes to take part in the Retreat.
f. “Host” refers to Pelvic Sol Physical Therapy and Wellness LLC, a limited company registered in South Carolina, employees, and any facilitators or contractors engaged by Pelvic Sol Physical Therapy and Wellness LLC to assist at the Retreat.
g. “The parties” refers to the parties to this Agreement: the Participant and Pelvic Sol Physical Therapy and Wellness LLC.
The following rules of construction apply unless they would produce a result inconsistent with the manifest intent of the document:
h. Use of a singular word includes the plural, and vice versa.
i. Use of a gendered word includes all genders. This document uses the gender-neutral, singular pronouns “they/them/their”.
j. Paragraph titles are for reference only and shall not be used in the interpretation of the provisions to which they relate.
2. WHAT IS AND IS NOT INCLUDED
The Retreat price includes accommodation at the retreat venue, food, and the Retreat activities delivered by Host.
The Retreat price does not include travel of any kind. All travel to and from the Retreat, including flights, transfers, visas and any travel documentation, is the Participant's sole responsibility and at the Participant's own cost. Host is not a travel agent and does not arrange, book or take responsibility for any travel.
Participant is advised not to book travel until Host has confirmed in writing that the Retreat is proceeding.
3. BOOKING AND PAYMENT TERMS
Participant will pay for their place on the Retreat via debit or credit card through a third-party payment processor. Payment is processed by third-party payment processors, and Participant's personal information is processed in accordance with Host's Privacy Policy.
Participant will pay Host a non-refundable deposit to secure their place. Subsequently, Participant has the choice to pay the remaining balance in full or in installments.
If paying in installments Participant will automatically be charged by Host for the length of the Payment Plan chosen, through Participant's chosen payment method. A Payment Plan spreads the cost of the full Retreat price; it is not a subscription. Cancellation of the Payment Plan is not permitted, and the full Retreat price remains payable in accordance with this Agreement and the cancellation schedule in Section 5.
The full Retreat balance must be received in cleared funds no later than [60] days before the Retreat start date. If the balance has not been cleared by this date, Host may treat the booking as cancelled by Participant, and the cancellation schedule in Section 5 will apply.
The deposit is non-refundable in all circumstances, including under Section 5.
Payment Plans are offered interest-free and without charges, provided payments are made in accordance with this Agreement. Participant is responsible for keeping their payment details up to date and ensuring funds are available on each collection date.
4. PAYMENT FAILURE
If any instalment fails, Host's payment processor will automatically retry collection and Participant will be notified.
If payment has not been collected within 7 days of the original failure, Participant's place on the Retreat is at risk and may be suspended until the account is brought fully up to date.
If the account has not been brought up to date within 7 days of written notice from Host (email being sufficient), Participant will forfeit the right to pay by installments and the full remaining balance will become immediately due and payable, subject always to the cancellation schedule in Section 5. Where payments have failed repeatedly, Host reserves the right to withdraw the courtesy of a further 7-day notice period, in which case any subsequent failed installment will cause the full remaining balance to become immediately due and payable; Host will notify Participant in writing if this applies.
Unpaid balances may be referred to a third-party debt recovery agency, and Participant will be liable for Host's reasonable costs of recovery to the extent permitted by law.
5. CANCELLATION BY PARTICIPANT AND TRANSFERS
Due to the nature of retreat planning, refunds of deposits or any payments are not offered. Please be sure that you are able to attend the retreat before making any payments.
Transfers are permitted. Participant may transfer their place on the Retreat to any other person with prior written consent of Host.
6. CANCELLATION OR CHANGES BY HOST
If Host cancels the Retreat for any reason other than a force majeure event, Participant may choose either a full refund of all amounts paid (including the deposit) or a credit of all amounts paid towards a future Pelvic Sol Physical Therapy and Wellness Retreat.
If a force majeure event (Section 15) prevents the Retreat from proceeding, Host will offer Participant a transfer to a rescheduled date or a credit towards a future Retreat; where neither is reasonably possible, Host will refund amounts paid less any costs Host has reasonably and irrecoverably incurred with third parties on Participant's behalf.
Host may make reasonable changes to the Retreat program, facilitators or venue where necessary, and will notify Participant of significant changes as soon as reasonably possible.
Host is not liable for any travel or other costs Participant incurs in connection with a cancelled or changed Retreat (including flights and transfers), which is one of the reasons travel insurance is required under Section 7 and travel should not be booked until the Retreat is confirmed.
7. INSURANCE
Participant must hold adequate travel and trip cancellation insurance for the duration of the Retreat, covering accident, injury, illness, death, emergency evacuation and repatriation, loss of personal items, cancellation, curtailment, and worldwide emergency assistance. Host recommends a “Cancel For Any Reason” provision, given the inherently unpredictable nature of international travel.
It is Participant's responsibility to ensure they are adequately insured for all contingencies. No insurance is provided for Participant by Host or by the retreat center. Host may ask for evidence of insurance before the Retreat begins.
8. HEALTH, PARTICIPATION AND CONSENT
Participant agrees and acknowledges that the Practices may involve physical movement and activity and can be physically and mentally challenging, and therefore carry risk of injury, illness, and even disability and/or death. Some Practices may involve Host offering recommendations and may therefore also carry similar risks. Participant accepts the risks of participating in the Practices and assumes responsibility for their own participation, subject always to Section 10.
Participant's participation in the Practices, in each session, and in each activity, is voluntary, in their sole discretion, and at their own risk. Participant warrants that they understand their physical limitations and are sufficiently self-aware to stop, modify, or ask for help before they become injured or ill or aggravate a pre-existing condition. If Participant experiences any pain or significant discomfort during a Practice, they agree to listen to and honor their body, discontinue the activity, notify Host immediately, and seek medical attention from a licensed physician.
Participant agrees to disclose to Host, before the Retreat begins, any medical condition, injury, pregnancy, or other circumstance that may affect their safe participation in the Practices, and to update Host if anything changes during the Retreat. Information disclosed will be treated confidentially and used only for safety purposes.
Participant understands that Host is not a licensed physician, nor a medical professional, and therefore will not and cannot give medical advice. Host has no duty to provide medical advice or care (including CPR) during the Practices or the Retreat, and nothing said by Host should be construed as medical advice.
During the Retreat, Host may offer physical assistance or hands-on adjustment from time to time. Consent is Participant's choice at all times: it is Participant's responsibility to let Host know before each session if they do not wish to be touched or assisted, and Participant may withdraw consent at any time, for any reason, without explanation.
9. CONDUCT
Host aims to provide a safe and supportive environment for all participants. Host may, at its reasonable discretion, remove Participant from the Retreat without refund if Participant's behavior is abusive, discriminatory, unsafe, significantly disruptive, or endangers or materially affects the experience of other participants or facilitators. Any costs arising from removal (including travel home) are Participant's own.
10. ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY
Nothing in this Agreement excludes or limits Host's liability for death or personal injury caused by Host's negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law. Nothing in this Agreement affects Participant's statutory rights.
Subject to the paragraph above, in consideration of Host accepting Participant's reservation for the Retreat, Participant agrees to release, forever discharge, and hold harmless Host and its employees, agents, teachers, facilitators, independent contractors, and other representatives, and their heirs, successors, and assigns (“Released Parties”), from liability for any and all Claims relating to or caused by Participant's attendance at and participation in the Retreat and the Practices, and in any additional activities or excursions Participant may engage in during the Retreat that are not provided by Host, including Claims arising from the negligence of the Released Parties, save only as set out in the first paragraph of this Section.
“Claims” includes any and all liabilities, claims, demands, actions, damages, rights of action, and causes of action, of whatever kind or nature, that may now or hereafter exist or arise, arising out of personal injuries, losses suffered, and damages of any kind (including but not limited to direct, indirect, consequential, incidental, punitive, or any other damages), including those known and unknown, developed or undeveloped, and foreseen or unforeseen, relating to or caused by Participant's participation in the Retreat or the Practices, in each case to the extent such Claims can lawfully be released.
This waiver and release applies to all Practices, sessions, classes, lessons, workshops, and recommendations Participant takes from Host, and all instruction Participant receives from Host, no matter where performed or given, and no matter what style of Practice is taught. Participant agrees that this waiver and release is binding upon them personally and their family, estate, heirs, successors, and assigns, to the fullest extent permitted by law.
Subject to the first paragraph of this Section, Host's total aggregate liability to Participant in connection with this Agreement is limited to the amount of the Retreat price paid by Participant.
11. THE RETREAT CENTER AND PERSONAL PROPERTY
Participant acknowledges that, in large part, operational control of the Retreat venue is in the hands of the third-party retreat center, and agrees that, to the fullest extent permitted by law, any cause of action in regard to the retreat center's shortcomings shall be against the retreat center and not against Host.
Host is not responsible for the safekeeping of Participant's personal property while at the Retreat. Participant is responsible for their own belongings and for insuring them under Section 7.
Participant acknowledges that Host cannot ensure Participant's safety from contracting any communicable illness (including COVID-19) during the Retreat or during travel to and from the Retreat.
12. MEDICAL AND PROFESSIONAL DISCLAIMERS
Participant understands and agrees that the Practices offered on the Retreat are not medical, health, business, financial, legal, or other professional advice. Participation in the Retreat is not a substitute for consultation with and/or treatment by an appropriate professional. All information offered through the Retreat, the Practices, and any materials is for informational purposes only and should be used at Participant's own risk.
Information given by Host in the Practices is not medical advice. It is not intended to diagnose, treat or prevent disease. Any information provided by Host is not intended to be a substitute for medical advice, and Host encourages Participant to use any information provided by Host only in consultation with a medical professional. Any supplements, treatment plans, services, nutrition suggestions or lifestyle changes, or any other information recommended by Host is not medical advice, should not be considered medical advice, and is not a substitute for consultation with an appropriate medical professional.
Host makes no representations as to any physical, emotional, or mental health benefits that may be derived from participation in the Retreat. Subject always to Section 10, Host is not responsible or liable for any of Participant's health decisions directly or indirectly related to information provided at the Retreat, nor for any damages from Participant's use or misuse of information provided at the Retreat. Participant is solely responsible for any decisions they make from participation in the Retreat.
Participant understands and agrees that each individual is different, and Host cannot and does not guarantee that any Practice, service, or other recommendation made by Host during the Retreat will work for Participant. Any testimonials, examples, or other results presented by Host on Host's webpage, marketing materials, social media platforms, or any other forum are the experiences of one participant, and Host does not represent or guarantee that Participant will achieve the same or similar results.
13. REFUNDS
No refunds will be issued for any reason for any payments, except as expressly set out in Sections 5 and 6 or as required by law. Booking a Retreat for a specific date is a leisure service for a specific period of performance, and statutory cooling-off rights do not apply to such bookings.
14. ALTERNATIVE DISPUTE RESOLUTION
Any disputes between the parties relating to the Retreat or this Agreement shall be submitted first to private mediation with a mediator upon whom the parties agree. If the parties cannot agree upon a mediator, each party will select a mediator and together those mediators will select the mediator to be used. The parties shall share the costs of mediation equally, shall cooperate with the mediator, and shall participate in good faith in the mediation. The parties agree to submit this Agreement to the mediator for review. If a party is residing in a different location at the time of the dispute, they may appear at the mediation by video conference. If mediation is not successful in the opinion of the mediator and the parties cannot reach a resolution themselves, disputes may be submitted to a court as set forth in Section 18. Nothing in this Section prevents Participant from exercising any statutory right to bring proceedings.
15. FORCE MAJEURE
Host will not be liable for failure or delay in the performance of its obligations under this Agreement to the extent that the failure or delay is caused by an event beyond Host's reasonable control that materially affects performance and could not reasonably have been foreseen, including but not limited to illness or injury of key facilitators, extreme weather, natural disasters, epidemics or pandemics, civil commotion, failure of the retreat center, travel restrictions, and acts of governmental authority. Where a force majeure event prevents the Retreat from proceeding, Section 6 applies.
16. MODIFICATION OF AGREEMENT
Any future modification, amendment, waiver, or revocation of any provision of this Agreement shall be effective only if made in writing and executed by the parties with the same formality as this Agreement, and shall specifically identify the provision it intends to modify, amend, waive, or revoke. No oral modifications, amendments, waivers, or revocations shall be effective. Failure of a party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of subsequent defaults of the same or similar nature or of the other obligations contained in this Agreement.
17. SEVERABILITY
If any provisions of this Agreement are deemed invalid or unenforceable, such provisions shall be deemed severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement. Consistent with this paragraph, if any provisions are deemed invalid due to their scope or breadth, such provisions shall be deemed valid to the full extent permitted by applicable law.
18. JURISDICTION, VENUE, AND CONTROLLING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of South Carolina, United States of America, without regard to its conflict-of-law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, your access to or use of our website, products, or services, or any transaction between you and Pelvic Sol Physical Therapy and Wellness LLC shall be brought in the state courts located in South Carolina or, where federal jurisdiction exists, in the federal courts serving the applicable jurisdiction in South Carolina, subject to applicable law.
To the extent permitted by law, you consent to the personal jurisdiction of such courts and agree that venue shall be proper in the applicable court in South Carolina.
Nothing in this section shall limit any rights or remedies that cannot lawfully be waived under applicable federal or state law.
19. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement of the parties regarding the Retreat. All prior and contemporaneous conversations, negotiations, agreements, representations, covenants, and warranties regarding the Retreat are merged herein or superseded hereby. If any provision of this Agreement conflicts with language about the Retreat on any website (including Host's website) or information provided by an airline, travel agency, hotel or resort, or anyone else, this Agreement shall govern.
BY BOOKING A PELVIC SOL PHYSICAL THERAPY AND WELLNESS RETREAT YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE AGREEMENT ABOVE.