Terms & Conditions
WAIVER AND RELEASE OF LIABILITY
Last Updated: 15 October 2024
WAIVER AND RELEASE OF LIABILITY FOR WILD FEMININE here in referred to as “Retreat” with Fiona McCoss, herein referred to “Host” and you herein referred to as “Participant”
DEFINITIONS AND RULES OF CONSTRUCTION
The following definitions shall apply to this document:
a. The term “Agreement” shall refer to this Agreement, in its entirety.
b. The term “Practices” shall refer to the following activities: embodiment, tantra, breathwork, energy work, wellness practices, movement, yoga instruction.
c. The term “Retreat” shall refer to the retreat named above by Host. The Retreat will include a variety of activities involving General Wellness, Embodiment, Movement, Tantra and Energy Work.
d. The term “Destination Country” shall refer to the country in which the Retreat is located.
e. The term “Participant” shall refer to the student and traveller who wishes to take part in the Retreat.
f. The term “Host” shall refer to Fiona McCoss and their limited company, Wild Feminine Retreats Ltd, and any other Hosts employed or contracted by Wild Feminine Retreats Ltd to assist at the Retreat.
g. The term “the parties” shall refer to all signatories of this Agreement: the Participant and Fiona McCoss.
The following rules of construction shall apply to this Agreement unless construction in accordance with a rule 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 shall include all genders. This document uses the gender-neutral, singular pronouns of “they/ them/their.”
j. The titles of the paragraphs in this Agreement are for reference purposes only and shall not be used in the interpretation of the provisions to which they relate.
In consideration of Host inviting Participant to the Retreat and accepting their reservation for the Retreat, Participant agrees to release, forever discharge, and hold harmless Host and their employees, agents, teachers, independent contractors, and other representatives, and their heirs, successors, and assigns (“Released Parties”), from liability for any and all Claims (as defined immediately below) relating to or caused by Participant’s attendance at and participation in the Retreat and in any additional activities or excursions Participant may engage in during the Retreat not provided by Host (“Claims”), unless caused by the gross negligence or intentional wrongful act of Host.
The term “Claims'' shall include 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.
Participant agrees that this waiver and release shall be legally binding upon them personally and their family, estate, heirs, successors, and assigns. In addition, Participant acknowledges that, in large part, operational control of the Retreat will be in the hands of the third party retreat centre, and that any cause of action in regard to its shortcomings would be against the retreat centre and not against Host. In particular, Participant acknowledges that Host is not responsible for the safekeeping of Participant’s personal property while at the Retreat, or for ensuring Participant’s safety from contracting COVID-19 during the Retreat or during the travel to and from the Retreat.
INSURANCE
Host recommends that each and every Participant purchase individual travel and trip cancellation insurance in advance of the Retreat. In particular, due to the inherently risky nature of international travel especially during and after the COVID-19 global public health emergency, Host recommends a “Cancel For Any Reason” provision in the policy. It is Participant’s responsibility to ensure that they are adequately insured for the duration of the Retreat regarding accident, injury, illness, death, emergency evacuation and repatriation, loss of personal items, cancellation, curtailment, worldwide emergency assistance, and all other contingencies. No insurance is provided for Participant by Host or by the retreat centre.
WAIVER AND RELEASE OF LIABILITY
In further consideration of Host inviting Participant to the Retreat, Participant provides the following additional waiver and release of liability for the Retreat Practices while at the Retreat (the term “Practices” is defined above in paragraph 1): At the Retreat, Participant may participate Practices taught by Host.
Participant agrees and acknowledges that Practices may involve physical movements and activity and can be physically and mentally challenging, and therefore bears risk of injury, illness, and even disability and/or death. Some of the Practices may involve Host offering recommendations and may therefore also bear similar risks. Participant accepts all risks of participating in Practices and assumes full responsibility for any and all injury, illness, and/or damages caused by their participation in Practices. During Practices, if Participant experiences any pain or significant discomfort, they agree to listen to and honour their body, discontinue the activity, notify Host immediately, and seek medical attention from a licensed physician.
Participant understands and agrees that their participation in 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 that they are sufficiently self-aware to stop or modify or ask for help before they become injured or ill or aggravate a pre-existing condition.
Participant understands that Host is not a licensed physician, nor a medical professional of any kind, and therefore will not and cannot give them medical advice.
Participant agrees that Host has no duty to provide them with medical advice or care (including CPR) during Practices or Retreat. Participant also understands that nothing said by Host should be construed as medical advice. Participant understands that during the Retreat, Host may touch them and may give them physical assistance from time to time, and that before each session, it is their responsibility to let Host know if they do not want to be touched or assisted.
This waiver and release shall apply 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 understands and agrees that Practices offered on Retreat are not medical, health, business, financial, legal, or other professional advice. Participant agrees that Participant’s participation in Retreat is not a substitute for consultation with and/or treatment by an appropriate professional. All information offered through Retreat, Practices, materials, and other is for informational purposes only and should be used at your own risk.
Information given by Host in 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 Participant’s participation in Retreat. Host is not responsible or liable for any of Participant’s health decisions directly or indirectly related to the information provided in Retreat, nor is Host responsible for any damages from Participant’s use or misuse of information provided in Retreat. Participant understands and agrees Participant is solely responsible for any decisions Participant makes from participation in Retreat.
Participant understands and agrees that each individual is different, and Host cannot and does not guarantee any recommended Practice, service, or other recommended by Host during the Retreat will also work for Participant. Participant understands and agrees that 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. Participant understands and agrees Host does not represent or guarantee in any way that Participant will achieve the same or similar results.
Participant therefore agrees to release, forever discharge, and hold harmless Host and their employees, agents, teachers, independent contractors, and other representatives, and their heirs, successors, and assigns (“Released Parties”), from liability for any and all Claims (as defined immediately below) relating to or caused by Participant’s participation in Practices or Retreat (“Claims”), unless caused by the gross negligence or intentional wrongful act of Host.
The term “Claims” shall include 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 Practices or Retreat.
Participant agrees that this waiver and release shall be legally binding upon them personally and their family, estate, heirs, successors, and assigns.
PAYMENT TERMS
Participant will pay for their place on Retreat via debit or credit card through a third party payment processor. Payment is processed by third party payment processors, and their personal information is processed in accordance with Company Privacy Policy.
If paid in full:
Participant will pay Host in full prior to start of Retreat. Participant will not be enrolled in Retreat until Host has received Participant’s payment in full.
If paid as “Payment Plan”, or Deposit, with instalments:
Participant will pay Host a first payment, or Deposit, prior to the start of Retreat to secure their place. Subsequently, Participant will automatically be charged monthly by Host for the length of Payment Plan chosen by Participant, through Participant’s chosen payment method, on the date of the first payment made, for each consecutive month of the Payment Plan thereafter. Cancellation of the Payment Plan is not permitted.
PAYMENT FAILURE
If Participant’s payment method is declined in any way, Host or Host’s payment processor will notify Participant and Participant will have 2 days to pay the full amount owed. Failure to complete payment may result in place on Retreat being forfeited until the balance owed is paid.
REFUNDS
No refunds will be issued for any reason for any payments.
ALTERNATIVE DISPUTE RESOLUTION
Any disputes between the parties relating to the Retreat or this Agreement shall be submitted first to private mediation with a private 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. The parties shall cooperate with the mediator and participate in good faith in the mediation. The parties agree to submit this Agreement to the mediator for their review. If a party is residing in a different location at the time of the dispute, they may appear by video conference at the mediation. 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 herein.
MODIFICATION OF AGREEMENT
Any future modification, amendment, waiver, or revocation of any provision of this Agreement shall be effective only if it is made in writing and is executed by the parties with the same formality as this Agreement.
Any such modification, amendment, waiver, or revocation shall specifically provide what provision of the Agreement 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.
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 the provisions of this Paragraph, if any provisions are deemed invalid due to their scope or breadth, such provisions shall be deemed valid to the full extent of the applicable law.
INTEGRATION
This Agreement sets forth the entire agreement of the parties regarding the Retreat. All agreements, covenants, representations, and warranties, express or implied, oral or written, of the parties are contained herein. No other agreements, covenants, representations, or warranties, express or implied, oral or written, have been made between the parties regarding the Retreat. All prior, contemporaneous, and future conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties regarding the Retreat are waived, merged herein, or superseded hereby. This is an integrated agreement. If any provision of this Agreement conflicts with language about the Retreat on any website (including the Host’s website) or information provided by an airline, travel agency, hotel or resort, or anyone else, this Agreement shall govern.
JURISDICTION, VENUE, AND CONTROLLING LAW
The law of England & Wales (and not its law of conflicts) shall govern all questions as to this Agreement’s validity and enforceability and the construction of its provisions, as well as all disputes arising out of this Agreement, unless the parties otherwise agree.
SIGNATURES AND COPIES OF THIS AGREEMENT
BY PURCHASING A WILD FEMININE RETREAT YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE WORKING AGREEMENTS ABOVE.