This Retreat Agreement (this “Agreement”) between kimbentley,LLC (“kimbentley yoga), and the person executing this Agreement as “Student”.
In consideration of Student paying kimbentley, LLC a deposit and all fees owed in connection with the Sandy Toes Beach Yoga Retreat on Siesta Key with Kim Larsen (the “Retreat”) taking place from Thursday, September 30th to Monday, October 4th (the “Retreat Dates”), kimbentley, LLC will lead Student and other retreat group students on the retreat.
Participation
kimbentley, LLC is responsible for arranging all lodging from September 30 to October 4th at The Siesta Key Beach Resort (the “Retreat Center”). Student is solely responsible for any other nights of lodging and for all transportation to and from the “resort” on Siesta Key. Kimbentley, LLC is not responsible for transportation to and from said retreat. Meals, beverages, alcoholic beverages other than stated on the retreat website on or offsite are at Student’s own expense. Student must be at least 21 years of age and have a current passport, ID, or drivers license. During the Retreat Dates, kimbentley, LLC is also responsible for arranging, supervising and teaching all yoga activities, but is not responsible for arranging, supervising or guiding any other events or activities such as side trips. Kimbentley, LLC is not responsible for Student’s medical or dental costs, insurance, equipment for any other activities or any other costs not expressly stated in this Agreement.
Student acknowledges that he or she is responsible for his or her own suitability and capability to participate in any activities at the Retreat. Student should consult his or her physician regarding his or her fitness. Certain activities may not be suitable for all Retreat attendees due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Student’s responsibility to assess the risks and requirements of each activity in light of his or her limitations, physical and mental fitness and condition, and any medical requirements or issues of Student. By signing (or accepting online) this Agreement, Student certifies that he or she does not have any mental, physical or other condition or disability that would create a hazard to Student due to participation in the Retreat. Kimbentley, LLC reserves the right to accept or reject Student for participation in any activity or to exclude Student from any activity and to make changes to the programming of the Retreat whenever kimbentley, LLC deems it necessary for the comfort, convenience or safety of Student or the other attendees of the Retreat.
Student must report any dietary requirement or disability requiring special attention at the time of signing this Agreement. Kimbentley, LLC will make reasonable efforts to accommodate the special requests or needs of Student, including dietary and accommodation requests, but such requests do not form part of this Agreement and kimbentley, LLC is not liable for any failure to accommodate or fulfill such requests. Further, kimbentley, LLC is not responsible for any denial of service by air carriers, hotels, partners or other independent suppliers. Kimbentley, LLC cannot provide individual assistance to Student. Although public transportation is available, some locations and most activities require standing, sitting or walking. Kimbentley, LLC is not responsible for any missed activities due to Student’s inability to participate with other attendees of the Retreat. Most transportation services and venues are not equipped with wheelchair ramps.
Kimbentley, LLC reserves the right to deny Student’s participation in any activities based upon legitimate reasons such as Student’s failure to follow any specified procedures. In addition, Student understands that kimbentley, LLC reserves the right to require Student to leave the Retreat if Student’s behavior is disruptive, inappropriate or is negatively impacting other attendees at the Retreat. Finally, kimbentley, LLC reserves the right to change, alter or amend the daily itinerary for the Retreat at any time for any reason at its sole discretion. Under any such circumstances, Student acknowledges and agrees that he or she will not be refunded any payment for the Retreat.
Pricing, Deposit and Cancellation Policy
The fees to attend the Retreat are set forth at:
A $200 deposit (the “Deposit”) is due upon enrollment to reserve Student’s space at the Retreat. All rooming options have limited spaces and requests will be processed on a first come, first served basis. If kimbentley, LLC is not able to accommodate Student’s room preference within five business days of Student’s enrollment, then a full refund of Student’s Deposit will be processed. Student is advised not to book travel arrangements until room preference and price is confirmed by kimbentley, LLC. Full payment for the Retreat is required by July 31, 2021.
Student is responsible for maintaining their room. Student is responsible for payment of any damaged, lost, or missing items from their room including but not limited to beach chairs, coolers, beach wagons etc.
Student acknowledges that he or she has carefully considered his or her ability to attend the Retreat. Student understands that as soon as his or her deposit is accepted, kimbentley, LLC will use the Deposit to secure lodging, selected meals, supervision and incidental expenses to arrange the Retreat for Student.
CANCELLATION
If Student wishes to cancel, notification of cancellation must be made to Kim Larsen in writing. Cancellations will not be refunded. Bookings can be transferred to a third party for the paid for retreat date. Due to the small nature of kimbentley yoga Retreats, cancellations forego 100% of the total cost. Your booking is transferable to a third party no later than 14 days prior to the retreat start date. It is highly recommended that the Student purchase Trip Insurance in case of need to cancel the booking or for other medical needs or emergencies.
If you do not pay the balance of your total booking cost at least 60 days prior to departure, your booking may be terminated and you will lose your deposit. No refunds will be made if you leave a trip for any reason after the trip has begun. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilized.
Accordingly, after July 31, 2021, the deposit is non-refundable, and Student hereby waives any right to a refund of the Deposit.
Passports and Visas, Driver’s License, Covid Vaccination Documentation.
Please be aware of any changes and requirements for travel within the United States.
Age Requirement
Student represents and warrants that he or she is at least 21 years of age.
Medical Authorization and Coverage
In the event Student becomes sufficiently incapacitated as to be unable to direct his or her own care and kimbentley, LLC is unable or does not have time to contact Student’s emergency contact, Student, by registering and paying for the Retreat, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in any activity at the Retreat, including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the United States, or, if in a foreign country and no physician licensed to practice in the United States is reasonably available, by a duly licensed physician deemed competent to render the necessary care. In addition, Student certifies that he or she has medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to Student, or that in the absence of this medical insurance coverage, Student agrees to pay all costs of rescue and/or medical services as may be incurred on Student’s behalf. Student should carry his or her insurance information while traveling.
Kimbentley, LLC, does not provide direct medical advice on vaccinations and inoculations. Student should visit the www.cdc.gov and discuss travel plans with his or her physician prior to travel. Student should be aware that some immunizations involve a series of inoculations or medications, so obtaining such inoculations or medications should not be put off until the last minute.
Health Warranty, Assumption of Risk, Waiver of Liability and Release
Student understands that at the Retreat, kimbentley, LLC intends to provide Student with knowledge of yoga and/or related activities to promote exercise and good health (“Yoga Activities”). Participation in the Yoga Activities is completely voluntary and it is Student’s sole decision to participate in any Yoga Activities. By signing this Agreement, Student expressly acknowledges that attendance at the Retreat and participation in Yoga Activities may involve strength, flexibility, aerobic, cardio and/or other exercises, including the use of equipment, all of which can be potentially hazardous activities that naturally involve the risk of injury to Student, whether caused by Student or someone else. Student hereby agrees that he or she understands and voluntarily accepts this risk and that he or she will immediately inform the instructor if an injury occurs in connection with any Yoga Activities. In addition, Student represents that her or she is in good health and has no disability, impairment, injury, disease or ailment that would prevent Student from safely engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise. Student understands that he or she must judge his or her own capabilities with respect to participating in Yoga Activities and will only participate in the appropriate level of classes that are within Student’s limits and capabilities. Student acknowledges that it is his or her sole responsibility to confirm that there is no medical or other reason preventing him or her from participating in the Yoga Activities. If Student is pregnant, she shall only participate in the Yoga Activities after having discussed the potential risks of such participation with an obstetrician. If applicable, Student shall follow her obstetrician’s advice and instructions about whether and to what extent she can participate in the Yoga Activities.
From time-to-time during Yoga Activities, instructors may physically adjust Student’s form. If Student does not want such physical adjustments, he or she agrees to inform the instructor at the beginning of each session attended. Student also acknowledges that if he or she does not wish to receive such physical adjustments, it is his or her responsibility to inform the instructor when he or she believes an adjustment has gone as far as he or she desires at that time.
Student acknowledges that kimbentley, LLC cannot ascertain all possible risks associated with the Retreat and, if applicable, travel to a foreign nation that may not have the infrastructure, security, medical facilities, hygiene and legal system of the United States. Student has been advised that some of the health risks or dangers may include: wild animals, negligent drivers, faulty equipment, unsafe food, contaminated water supplies, theft, living conditions that may not be as secure as those in the United States and inadequate medical facilities. Student is fully responsible to independently research all of the risks of the Retreat.
STUDENT HEREBY ACKNOWLEDGES AND AGREES THAT KIMBENTLEY,LLC , ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (“KIMBENTLEY, LLC RELEASED PARTIES”) WILL NOT BE LIABLE FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY OR MENTAL INJURY, ECONOMIC LOSS OR ANY DAMAGE TO STUDENT, STUDENT’S SPOUSE OR PARTNER, GUEST, UNBORN CHILD OR RELATIVES RESULTING FROM THE NEGLIGENCE OF ANY KIMBENTLEY, LLC RELEASED PARTY, ANYONE PROVIDING SERVICES ON KIMBENTLEY,LLC’S BEHALF OR ANYONE ELSE ATTENDING THE RETREAT AND STUDENT HEREBY RELEASES EACH OF KIMBENTLEY, LLC’S RELEASED PARTIES FROM ANY LIABILITY RELATED TO ANY SUCH INJURY. ALL SESSIONS, CLASSES, USE OF FACILITIES OR EQUIPMENT PROVIDED BY KIMBENTLEY, LLC OR ANY THIRD PARTY AT THE RETREAT CENTER (WHETHER DURING A CLASS OR OTHERWISE), USE OF ANY APPARATUS LOCATED WITHIN THE RETREAT CENTER OR USE OF ANY OTHER KIMBENTLEY, LLC SERVICE SHALL BE AT STUDENT’S SOLE RISK. STUDENT UNDERSTANDS THAT THE DECISION TO USE ANY EQUIPMENT OR APPARATUS, OR THE SELECTION OF PROGRAMS, METHODS AND TYPES OF EQUIPMENT, SHALL BE SOLELY STUDENT’S RESPONSIBILITY AND NONE OF KIMBENTLEY, LLC RELEASED PARTIES SHALL BE LIABLE TO STUDENT FOR ANY CLAIMS, DEMANDS, DAMAGES OR CAUSES OF ACTIONS DUE TO INJURY TO STUDENT OR STUDENT’S PROPERTY ARISING OUT OF OR IN CONNECTION WITH STUDENT’S USE OF THE SERVICES OR FACILITIES OF KIMBENTLEY, LLC RELEASED PARTIES OR THE RETREAT CENTER REGARDLESS OF WHETHER THE INJURY OR DAMAGES WERE CAUSED BY THE NEGLIGENCE OF KIMBENTLEY, LLC, ITS EMPLOYEES OR ITS AGENTS. THIS WAIVER OF LIABILITY AND RELEASE SPECIFICALLY APPLIES TO CLAIMS OF NEGLIGENT INSTRUCTION AND/OR SUPERVISION THAT MAY ARISE AS A RESULT OF INJURIES SUSTAINED DURING CLASSES OR INDIVIDUAL TRAINING SESSIONS. ALTHOUGH KIMBENTLEY, LLC, INSTRUCTORS MAY PROVIDE GUIDANCE DURING A CLASS OR INDIVIDUAL SESSION, IT IS STUDENT’S SOLE RESPONSIBILITY TO DISCONTINUE PARTICIPATION IN ANY ACTIVITY HE OR SHE FEELS IS BEYOND HIS OR HER CAPABILITY TO SAFELY PERFORM AND KIMBENTLEY, LLC WILL NOT BE RESPONSIBLE FOR ANY INJURIES OR DAMAGES ARISING FROM HIS OR HER ENGAGEMENT IN ANY YOGA ACTIVITIES REGARDLESS OF WHETHER THEY WERE CAUSED BY THE NEGLIGENCE OF ANY OF THE KIMBENTLEY, LLC RELEASED PARTIES. STUDENT ACKNOWLEDGES AND AGREES THAT THIS WAIVER OF LIABILITY AND RELEASE APPLIES TO ANY AND ALL INCIDENTS OCCURRING AT THE RETREAT, INCLUDING SLIP OR TRIP AND FALL INCIDENTS, REGARDLESS OF THE CAUSE. STUDENT FURTHER ACKNOWLEDGES AND AGREES THAT NONE OF KIMBENTLEY, LLC RELEASED PARTIES SHALL BE LIABLE AND DO NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF ANY INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM ANY ACT OR OMISSION OF KIMBENTLEY, LLC’S RELEASED PARTIES OR ANY OTHER PARTY.
STUDENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT BY AGREENING TO THIS AGREEMENT, HE OR SHE IS RELINQUISHING ALL RIGHTS HE OR SHE MAY HAVE TO SUE ANY OF KIMBENTLEY, LLC’S RELEASED PARTIES FOR INJURIES ARISING OUT OF THE RETREAT,YOGAACTIVITIES, THE RETREAT CENTER OR ANY OF KIMBENTLEY, LLC SERVICES.
THIS WAIVER OF LIABILITY AND RELEASE IS INTENDED TO BE INTERPRETED AS BROADLY AS ALLOWED UNDER APPLICABLE LAW.
Waiver of Claims Related to Defective Equipment
Student understands and acknowledges that kimbentley, LLC does not manufacture any of the fitness or other equipment provided at the Retreat, but purchases or leases equipment from third parties. As such, Student acknowledges and agrees that kimbentley, LLC is solely providing recreational services and may not be held liable for defective products.
Waiver of Claims for Third Party Suppliers
In connection with the Retreat, kimbentley, LLC will make arrangements with accommodation providers, activity providers and other independent parties (“Third Party Suppliers”) to provide Student with certain services or programming. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of services that form part of such programing. Although kimbentley, LLC takes all reasonable care in selecting Third Party Suppliers, kimbentley, LLC is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and, therefore, cannot be responsible for their acts or omissions. Such services provided are subject to the conditions imposed by the Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Suppliers. Student acknowledges that Third Party Suppliers are individually responsible to operate in compliance with the applicable laws of the countries in which they operate and kimbentley, LLC does not warrant that any Third Party Supplier is in compliance with the laws of Student’s country of residence or any other jurisdiction.
Dispute Resolution
Any controversy or claim arising out of or relating to this Agreement, Student’s attendance at the Retreat, use of the Retreat Center facilities or services, brochures or any other literature concerning kimbentley, LLC services or facilities or the breach thereof, including, without limitation, any claim related to illness, injury or death, shall be subject to the following conditions: (1) the dispute will be governed by Wisconsin law; (2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, through a process of mediation in Wisconsin under the supervision of a mutually agreed upon mediator; (3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in Wisconsin using one arbitrator pursuant to the then existing rules of the American Arbitration Association; (4) the maximum amount of recovery to which Student may be entitled under any and all circumstances will be the amount he or she has paid to kimbentley, LLC with respect to the Retreat. This agreement to arbitrate does not waive or modify any liability release agreed to by Student. Arbitration against kimbentley, LLC must be commenced within one year following the date of the incident giving rise to the claim. None of kimbentley, LLC’s Released Parties shall in any case be liable for other than compensatory damages, and Student hereby waives any right to punitive damages.
Cancellation Right
Kimbentley, LLC reserves the right to cancel the Retreat for acts of God, detention, terrorism, thefts, pilferage, force majeure, civil disturbances, government restrictions or regulations, strikes, delays and expenses arising from quarantine, failure of any means of conveyance to arrive or depart as scheduled, discrepancies or changes in transit or hotel services over which kimbentley, LLC has no control or any other circumstances beyond its control. If kimbentley, LLC cancels the Retreat, kimbentley, LLC will provide Student a full refund for any amounts paid to kimbentley, LLC for the Retreat, including the Deposit. However, kimbentley, LLC is not responsible for additional expenses incurred by Student in preparing for the Retreat (e.g.,non-refundable air tickets, visa fees if applicable, loss of time expended in planning the Retreat or medical expenses), or any foreseeable or consequential damages as a result of cancellation. Student hereby waives the right to bring a claim against kimbentley, LLC for cancellation or any losses or damages directly or indirectly incurred, and assumes the risk of cancellation of the Retreat. Retreat reservations are non-refundable after August 31, 2021.
Acts of God: Occupant(s) acknowledges that, due to the nature of Florida weather, their vacation stay may be scheduled during a time of inclement or undesirable weather, including, without limitation, rain storms, tropical storms, hurricanes, algae blooms (ex. red tide), and the like (“Act of God”) In the event of an Act of God, or any inclement weather, including, without limitation, adverse weather, tornado, hurricanes, storms, fire, etc., we will not be responsible for any refunds for monies already paid, for preparing the Unit for any upcoming anticipated or unanticipated Act of God, or for providing lodging elsewhere. Occupant(s)acknowledges that, depending on the nature of the inclement weather or Act of God, evacuation may be required. In the event that any State, County or local government orders a voluntary or mandatory evacuation of the Unit due to inclement weather or Act of God, Occupant(s) agrees to immediately evacuate the Unit. This is for the safety and protection of our Occupants and Guests. After check-in, any unused portion of the reservation due to termination or early departure for any reason is non-refundable. For these reasons, kimbentley, LLC recommends that Student obtain travel insurance.
Miscellaneous
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior agreement or understanding between Student and kimbentley, LLC with respect thereto.
Student acknowledges that kimbentley, LLC has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce Student to enter into this Agreement.
Manual, handwritten or oral changes to this Agreement are not valid. Only a written document entitled “Amendment to Retreat Agreement” signed by both an authorized representative of kimbentley, LLC and Student may change the terms of this Agreement.
If kimbentley, LLC does not enforce any right in the Agreement for any reason, kimbentley, LLC does not waive its right to enforce it later.
If any provision of this Agreement is held unenforceable, it is the parties’ intention that such unenforceability shall not affect other provisions of this Agreement. This Agreement may not be assigned by Student without the express written consent of kimbentley, LLC.
This Agreement may be executed in one or more original or electronic counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument.
By checking the website agreement box and submissions of payment, Student acknowledges that he or she has carefully read, fully understands and agrees to the terms set forth in this Agreement.
Yoga Activities – I, the participant, intending to be legally bound and hereby waive or release any and all right and claims for damages or injuries or losses that I may sustain or incur if any while attending or participating in any part of kimbentley, LLC events. I hereby waive all claims against, kimbentley, LLC, the Event Director, class instructors, and their businesses, and all of their agents participating with the event. I certify that I am in good physical condition and have no known disabilities that might otherwise be detrimental to my health or wellbeing. Participant further declares and represents that no promise, inducement, or agreement not stated in this Release has been made to the participant and that this Release. Participants of kimbentley, LLC classes, and events may be photographed and photographs (“the photographic works”) may be used in publications and/or promotional material used by kimbentley, LLC. Participants hereby grant to kimbentley, LLC exclusive ownership and right to said photography in materials at kimbentley, LLC,’s sole discretion.
On-site event COVID-19 Warning
There is an inherent risk of exposure to COVID 19 in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable. By participating in kimbentley, LLC events you voluntarily assume all risks related to exposure to any and all viruses including COVID-19. If you are feeling ill you should, under no circumstance attend any kimbentley, LLC event.
I am 21 years or older and I have authority to register said participant and agree to the waiver form.