This agreement (“Agreement”) is made and entered into on (“Effective Date”) between and among Luxury in Business Retreats®, LCC, “the Company,” as represented by Erin B. Haag, hereafter referred to as the “Coach,” and the “Client.”
THEREFORE, the Coach and the Client agree as follows:
1. TERMS.
a. The purpose of this Agreement is to set forth the details of the LUXURY IN
BUSINESS RETREATS® (“the Retreat”) taking place in Palm Beach, Florida
from February 5-9, 2025, as well as the Parties relationship to ensure each
are clear as to respective roles so that the experience will be positive,
productive, and comfortable.
b. The Retreat will include the following:
i. Four (4) nights’ accommodation
ii. One (1) breakfast, one (1) dinner, and one (1) welcome reception.
iii. A five hundred dollar ($500) resort credit
iv. One (1) signature spa treatment with full-day access to the spa
v. Business development group and private coaching
c. Any and all costs for lodging/transportation/food and other not listed above are the responsibility of the Client. Client acknowledges that no other costs beyond those described herein will be included in the cost of the Retreat.
a. Due to the nature of this experience, dietary restrictions cannot be accommodated. Client assumes all dietary risks.
2. PAYMENT TERMS.
a. The Client will make payment via Stripe or other agreed upon method as outlined via email or Voxer chat and agreed to by initiating the first payment by clicking the PAY NOW button.
b. Credit Card Authorization (if applicable for payment plan that is not
auto-charging). Each Party hereto acknowledges that the Coach will send an invoice or charge the credit card chosen by the Client on the dates and for the amounts specified in Attachment A.
c. Payments are non-refundable. Should Client have to cancel or become unable to attend the Retreat, the Client may be invited to a future event at Coach’s discretion.
3. DISCLAIMERS. By participating in the Retreat, Client acknowledges that the Coach or guest speakers are not acting as medical doctors, psychologists, therapists,
lawyers, or financial advisors, and coaching and services provided do not replace the care of other professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
The Coach may provide the Client with information and/or products that the Coach
believes might benefit the Client, but such information is not to be taken as an
endorsement. The Coach is not responsible for any adverse effects or
consequences that may result, either directly or indirectly, from any information or coaching provided.
The Coach may provide Client with third-party recommendations for such services
as photography, business, legal, financial, health, or other related services to utilize
either during or after the Retreat. Client agrees that these are only suggestions and
the Coach will not be held liable for the services provided by any third-party to the
Client. The Coach is not responsible for any adverse effects or consequences that
may result, either directly or indirectly, from any information or services provided by a
third-party.
Any testimonials or examples shown through the Website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the participation in the Retreat.
4. CLIENT RESPONSIBILITY; NO GUARANTEES. Client acknowledges that the Coach has not and does not make any representations as to a future outcome of
any kind that may be derived as a result of the Retreat. Client accepts and agrees
that Client is 100% responsible for results from the Retreat. The Coach makes no
representations, warranties or guarantees verbally or in writing regarding Client’s
performance.
5. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically
created for the Client as part of this Agreement, the Coach maintains all of the
copyright, other intellectual property rights, of their Materials. Nothing in this
Agreement shall transfer ownership of or rights to any intellectual property of the
Coach to the Client, nor grant any right or license other than those stated in this
Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the services and the products,
systems, programs or processes, produced by the Coach pursuant to this Agreement.
6. RELEASE. The Coach/Company may take photographs, videos, audio recordings, or other recordings during the Retreat that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Retreat, Client is consenting to being recorded and photographed and to the use
of Client’s likeness, writing, and voice in any media in perpetuity by Company for
whatever purpose as Company sees fit.
7. LIABILITY WAIVER & ASSUMPTION OF RISK. While the Coach will take every
possible measure to ensure safety of the Client during the Retreat, the Coach
cannot control every circumstance. The Client is legally responsible for their safety
and any belongings and agrees to, and will be held legally liable for the following
statements:
I, the Client hereby accept all risk to my health and of my injury or death that may
result from participating in the Retreat and I hereby release the Coach, and the
Coach’s respective companies, officers, employees, interns, sponsors and
representatives from any and all liability to me, my personal representatives, estate,
heirs, next of kin, and assigns for any and all claims and causes of action for loss of
or damage to my property and for any and all illness or injury to my person, including
my death, that may result from or occur during my participation in the Retreat,
whether caused by negligence of the Coach, employees, or representatives, or
otherwise.
I further agree to indemnify and hold harmless the Coach and any third-party from liability for the injury or death of any person(s) and damage to property that may
result from my negligent or intentional act or omission while attending and
participating in the Retreat, whether on the location of the retreat, or after-hours, and
including but not limited to any trips, excursions, outings and/or workshops at the Retreat, and any other activities described more generally in paragraph 1 (b). Under no circumstances will the Coach or their assigns be held liable for my injury or death or any loss or damage of my personal belongings, any hotel or travel incidentals, including any damages, resulting from my participation in Retreat.
I further agree that should I consume alcohol while at the location of the Retreat, I acknowledge I am solely responsible for any and all damages suffered by myself or
that I may cause to third parties as a result of said consumption to include, but not
limited to, property damage, personal injury, death, disfigurement, or loss of
consortium. That should I provide alcohol to family, friends, guests, or third parties at
the location of the Retreat, I acknowledge that I am solely responsible for any and all
damages suffered by myself or third parties as a result of providing alcohol to others
to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.
Should I require emergency medical treatment as a result of an accident or illness arising during my attendance and participation in the Retreat, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify the Coach verbally and in writing if I am at any time injured prior to, during, or after the Retreat in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that the Coach are not legally obligated to act on that information in any way or to providing any medical service whatsoever to me.
I understand that I will be subject to normal risks associated with staying in a Retreat
and becoming a guest/Client at the Retreat, such as physical injuries or even death or loss or damage to personal property, including without limitation, from slips or falls, food poisoning or allergic reaction to food served at the Retreat, physical or verbal altercations with staff, City employees, or other guests/Clients, electrocution from appliances or equipment within the accommodations at the Retreat, drowning in pools or tubs, terrorist or other violence, theft or vandalism, auto accidents around the accommodations at the Retreat or fires or other disasters affecting the
accommodations at the Retreat. On behalf of myself and or my heirs, successors
and assigns, I knowingly and freely, assume all risks, both known and unknown, relating to my occupancy at the Retreat and being a guest/Client as described above, and I hereby forever release, waive, relinquish, and discharge Luxury in Business Retreats®, LLC, along with their officers, directors, managers, officials, trustees, agents, employees, or other representatives, and their successors and assigns, from any and all claims, demands, liabilities, rights, damages, expenses, and causes of action of whatever kind or nature, and other losses of any kind, whether known or unknown, foreseen or unforeseen, (collectively “Damages”) as a result of being a Client of the Retreat as described above, including but not limited to those related to the above described personal injuries, death, disease, property losses, or any other loss, and including but not limited to claims based on the alleged negligence of the Retreat. I further promise not to sue Luxury in Business Retreats®, LLC and agree to indemnify and hold harmless from any and all Damages resulting arising from being a Client at the Retreat.
COVID-19 Assumption of Risk. I understand that while The Coach/Company has undertaken reasonable steps to lessen the risk of transmission of COVID-19 (which includes related variants as well) in connection with the Retreat, The Company is not responsible in any manner for any risks related to COVID-19 in connection with the Retreat. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death.
I am fully aware that participation in the Retreat (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including
death, resulting directly or indirectly from COVID-19 or the treatment thereof.
Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks.
I hereby voluntarily accept and assume all risk of loss, personal injury, sickness,
death, damage, and expense arising from such Inherent Risks. Furthermore, I
represent and warrant that I do not suffer from any medical condition or disease that
might in any way hinder or prevent me from receiving the Retreat, including, to my
knowledge, COVID-19.
This COVID-19 Assumption of Risk, Release, and Waiver of Liability shall be binding on my heirs, executors, administrators, successors, and assigns. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
8. MEDICAL & HEALTH CONDITIONS. Client must make the Coach aware at the time of booking any pre-existing medical conditions, food allergies, or if Client is taking any specific medication, if Client does not make the Coach aware of these at the time of booking, the Company will not be held responsible for any health issues that arise from possible contraindications.
9. INTERNET ACCESS & SECURITY. Wireless Internet access, where available, is not guaranteed and is provided subject to third party terms and conditions, which are available when accessing the system. The Coach reserves the right to disclose
Client’s details to the internet service provider if it is discovered that Client illegally downloaded content from the internet or otherwise engaged in unlawful activity while at the Retreat.
10.ADDITIONAL CONSENT & RELEASE PERMISSIONS. By attending the Retreat,
you, the Client, are entering an area where photography, audio, and video recording may occur. By attending you consent to photograph, video recording and audio recording and its/their release, publication, exhibition, or reproduction to be used for
promotional purposes, advertising, and inclusion on websites.
11. TRAVEL DOCUMENTATION & INSURANCE. It is the Client’s responsibility to ensure that she has all the relevant travel documentation, insurance and arrives at the airport on time. Not having the correct documents is solely the responsibility of the Client.
It is the Client’s responsibility to purchase travel insurance. If the Client declines to
purchase their own travel insurance coverage, the Client agrees they will not hold Luxury in Business Retreats®, LLC liable or responsible for any expenses incurred as a result of the refusal to purchase travel insurance, including but not limited to, medical illness, injury, death, loss of and/or damage to property and luggage, and cancellation or changes to travel and fare.
12.TRANSPORT. The Company can accept no responsibility for delay or cancellation of any flights, train, buses or other forms of transport.
13.HEALTH & SAFETY REGULATIONS. The Client must comply fully with all and any health and safety regulations. The Client must ensure that she is medically and physically fit and able to use the facilities and participate in activities. If Client has injuries or illnesses, she is advised to seek doctor’s advice if planning to do physical activities. The Coach is not liable for any injuries to the Client in her use of facilities or participation in activities.
14.LOSS OR DAMAGE. Company cannot accept any responsibility for loss or damage of personal possessions or valuables of the Client.
15. LIABILITIES. The Coach shall not be liable for any failures beyond its control. This covers natural disasters, war, other ‘acts of nature’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors. The Coach accepts no liability for loss, damage, injury or illnesses
which may be received during the Client’s stay or travel.
16.DISCLAIMER OF WARRANTIES. The Retreat and activities involved provided by
the Coach under this Agreement are provided on an “as-is” basis, without any
warranties or representations express, implied or statutory; including, without
limitation, warranties of quality, performance, non-infringement, merchantability or
fitness for a particular purpose.
17.FORCE MAJEURE. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of nature, war, curtailment or
interruption of transportation facilities, threats or acts of terrorism, country travel
advisories, a pandemic as defined by the World Health Organization, labor strike or
civil disturbance, make it inadvisable, illegal, or impossible, either because of
unreasonable increased costs or risk of injury, for either Party to perform its
obligations under this Agreement, the affected Party’s performance shall be
extended without liability for the period of delay or inability to perform due to such
occurrence.
18.OTHER. Coach may have to make changes to details, including dates and/or
location, both before and after the Retreat has been confirmed and/or cancel the
confirmed Retreat. The Coach will endeavor to avoid changes and cancellations but reserves the right to do so. If the Coach must cancel, Client will be informed as soon as possible, and Coach will reschedule for an agreed upon future date.
19.NON-DISPARAGEMENT. The Parties agree and accept that the only venue for
resolving a dispute shall be in the venue set forth herein below. The Parties agree
that they neither will engage in any conduct or communications with a third party,
public or private, designed to disparage the other. Neither Client nor any of Client’s
associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate
in any way (or cause, further, assist, solicit, encourage, support or participate in any
of the foregoing), any remark, comment, message, information, declaration,
communication or other statement of any kind, whether verbal, in writing,
electronically transferred or otherwise, that might reasonably be construed to be
derogatory or critical of, or negative toward, the Coach or any of its programs,
affiliates, subsidiaries, employees, agents or representatives.
20.DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation
between the parties to this Agreement, any controversy or dispute to this Agreement
will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Tallahassee, Florida or via telephone. The Parties shall cooperate in
exchanging and expediting discovery as part of the arbitration process and shall
cooperate with each other to ensure that the arbitration process is completed within
the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as
circumstances may indicate.
21.GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida within The United States of America, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent
jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or
invalidated.
22.GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.
23.ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.
The parties have caused this Agreement to be signed by their duly authorized
representatives as of the Effective Date.