Oaxaca, Mexico, December 4-13, 2022
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NAME OF RETREAT: Write Away… with Wayfaring Writers, LLP (the “Retreat”)
TYPE OF RETREAT: writing, publishing, and technology exploration
ACTIVITIES: city tours, museum tours, craft talks, meals
LOCATION: Oaxaca, Mexico, December 4-13, 2022
RELEASE OF LIABILITY AND ASSUMPTION OF ALL RISKS
PLEASE READ CAREFULLY: THIS IS A LEGALLY ENFORCEABLE WAIVER OF RIGHTS
ASSUMPTION OF RISKS
I acknowledge that I have voluntarily applied to participate on the trip designated on this form. I am voluntarily participating on the tour or expedition with full knowledge that travel to foreign countries and/or the remote areas visited by this trip may involve risks and dangers including, but not limited to, a risk of illness, injury, or death, which may be caused by: forces of nature, civil unrest, terrorism, road conditions, injuries inflicted by animals, insects, reptiles or plants, trails, hotels, vehicles, boats or other means of conveyance which are not operated nor maintained to standards common in the United States, high altitude, accident or illness without access to means of rapid evacuation or the availability of medical supplies, the lack of adequate medical attention once provided, and negligence on the part of Wayfaring Writers, LLP, their affiliated organizations and their employees, teachers, volunteers, or other agencies. I acknowledge that the enjoyment and excitement of foreign travel/adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks and the corresponding enjoyment and excitement contribute to the reason for my voluntary participation on this trip.
AS LAWFUL CONSIDERATION for being permitted to participate on such trips and activities, I hereby agree that I, my heirs, legal representatives or any member of my family will not make a claim against or sue Wayfaring Writers, LLP, Cami Ostman, or Lisa Dailey, or any of their affiliated agents, employees, teachers or volunteers, for bodily injury, death, emotional trauma, or property damage resulting from my participation in the tour or expedition.
I therefore release and discharge Wayfaring Writers, LLP, Cami Ostman, and Lisa Dailey, and their agents, employees, teachers, and volunteers from and against any and all liability arising from my participation in the tour or expedition even though that liability may arise out of negligence or carelessness on the part of Wayfaring Writers, LLP, Cami Ostman, or Lisa Dailey or their affiliate agents, employees, teachers or volunteers.
If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. Under no circumstances shall Wayfaring Writers, LLP, Cami Ostman, or Lisa Dailey be liable to any tour participant for more than the land cost of the trip applied for on this document. I waive any charge-back rights and, in the event of dispute, requests for a refund will be made using the procedures described under “Cancellation and Refund Policy” as stated in the Terms and Conditions for this trip. All applications are subject to acceptance by Wayfaring Writers, LLP, Cami Ostman, and Lisa Dailey. Upon acceptance of my application, this agreement shall be deemed to have been entered into at Bellingham, Washington, and shall be construed according to the laws of the State of Washington. In the unlikely event a legal dispute should arise involving any subject matter whatsoever, I agree that the exclusive venue for any legal action shall be Shoreline, Washington, United States.
CANCELLATION AND REFUND POLICY
A retreat is a big investment for you, as it is for us—we get it! We don’t believe in taking your money if you are unable to join for a good reason, but we do believe in sticking to our commitments and we encourage you to jump in with both feet!
- The $250 deposit is non-refundable and non-transferable.
- Cancellations made up to 45 days prior to the retreat will receive a 50% refund of the total amount paid, minus the deposit.
- Payment in full is required for registrations made within 45 days of a retreat.
- No refunds will be issued after 45 days out. If you must cancel your reservation for any reason within 45 days of the retreat, you have 2 options:
- Apply your payment(s) toward a future reservation within 12 months, minus the $250 nonrefundable deposit.
- Gift your spot to someone else.
- If the retreat is cancelled due to COVID, you can opt to receive a full refund minus the $250 deposit or choose to apply the funds to a future retreat.
You will receive a full refund (minus nonrefundable deposit) should the Organizer need to cancel the retreat for any reason including but not limited to: illness or family emergency.
Retreats need a minimum of 5 participant sign-ups in order to run. If we have not met the minimum registrations 45 days prior to the retreat start date, the Organizer reserves the right to cancel the event. You will have a choice between a refund of your payments (minus the non-refundable deposit) or transferring your full payments to another retreat taking place within 12 months.
In case a retreat must be canceled due to a natural disaster, act of terrorism, political unrest or any other situation making travel to the location impossible and/or too dangerous, you may receive a percentage of your monies paid, minus the nonrefundable deposit, depending on the resort/hotel refund policy.
Flights, additional accommodations, transportation costs, or travel expenses are not refunded in any situation. These agreements are between you and the provider/travel agent/broker and Organizer is not responsible for them.
We recommend purchasing TRAVEL INSURANCE to protect your investment.
- The total cost listed on the website is per person in USD and does not include airfare to the destination airport. Optional outings are at an additional cost.
- Organizer is not responsible for lost, stolen, or missing items while traveling to, traveling from, or on the Retreat.
- Organizer is not responsible for airline cancellations, missed flights, or transportation issues prior to or after the retreat. You may incur additional transportation charges if you miss your flight and are unable to ride with the pre-scheduled transport.
- All reservation and bookings are first come, first served.
- We do not hold spots without a deposit for any length of time.
- A valid passport is required if you are leaving your home country to attend a retreat. Make sure you have at least 6 months until its expiration.
- You have until 90 days before the retreat to request any refund without penalty. All deposits are non-refundable.
- Travel insurance is not included in the price of the retreat but is highly recommended for ultimate protection.
- You must pay your retreat balance at least 45 days before the retreat start date. If the retreat balance is not paid in full 45 days prior to the retreat start date, Organizer reserves the right to cancel the booking and fill the space without a refund.
- Organizer reserves the right to cancel booking without refund and/or refuse service to any participant who displays or is said to display violent behavior of any kind before or during the retreat.
- While we try to accommodate most dietary preferences, any changes to a retreat’s menu that cause a change in cost will be passed on to the individual making the request.
If you need to make any special arrangements, please don’t hesitate to reach out.
TRIP MEMBER RESPONSIBILITY
Trip members have the responsibility to select a trip appropriate to their abilities and interests. Trip members are held responsible for being in sufficient good health to undertake the trip. Trip members are responsible for preparing for this trip by studying the itinerary and pre-departure information sent by Wayfaring Writers, LLP and for discussing this itinerary with their personal physician. Trip members agree to accept and abide by all the terms and conditions outlined in this document for this journey. Trip members are responsible to obtain any required travel documents and visas if necessary and to make sure all documents are current and up to date. Trip members are responsible for complying with any health requirements and vaccinations of any countries visited on this journey. Trip members are also responsible for bringing the appropriate clothing, medicines, supplies and equipment as advised in the pre-departure information.
Trip members are participants in group travel and are expected to hold each other in compassionate regard, and to interact with each other with respect.
We recommend Trip Cancellation insurance or Trip Interruption insurance for this trip. Travel insurance is designed to reimburse you for non-refundable expenses in case of a trip cancellation as well as for other previsions such as: missed flight connections, medical expenses/emergency assistance coverage (if something happens to you personally), baggage and personal effects coverage (if they are lost or stolen), baggage delay (if your bags do not arrive with your flight and you have to buy clothing, and personal items) which could possibly be very costly. Please note that insurance policies vary tremendously and have various critical exclusions. We recommend you choose carefully based on your personal situation.
LIMITATION OF LIABILITY
Wayfaring Writers, LLP, a Washington operation with its principle place of business in Bellingham, Washington, gives notice that services provided in connection with these itineraries are rendered by suppliers who are not agents or employees of Wayfaring Writers, LLP. All of the accommodations, meals, tours, transportation and/or related travel services have been made by Wayfaring Writers, LLP only as an agent for the individual tour member. While every effort is made to make travel arrangements with reputable suppliers, a tour member expressly agrees that Wayfaring Writers, LLP shall not be liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property occasioned through the negligence, wrongful or intentional acts, or default of any company or individual engaged in providing these arranged services. Each passenger conveyance, tour company, hotel accommodation, restaurant, etc. is subject to the laws of the state or country where the service is provided.
Wayfaring Writers, LLP reserves the right to substitute hotels and group leaders and to alter the itinerary when deemed necessary or advisable. The right is also reserved to cancel any trip prior to departure. Wayfaring Writers, LLP are released from any and all liability for cancellation of any trip, or portion thereof, except for payment of a land cost as set forth in the section on “Cancellation and Refund Policy.”
Wayfaring Writers, LLP reserves the right to decline to accept or retain any person whose actions, physical heath, mental condition or general deportment impede trip operation or rights, welfare or enjoyment of other trip members. A refund based on the cost of unused land services is the limit of Wayfaring Writers, LLP responsibility.
Wayfaring Writers, LLP are not responsible for any refunds should a presenter advertised as attending or leading a tour or conference cancel for any reason. However, should Cami Ostman or Lisa Dailey choose to cancel his/her participation in this journey for any reason, every effort will be made to refund your deposit and payments made which have not been previously sent to foreign and air travel suppliers as outlined above.
Wayfaring Writers, LLP is not responsible for any physical, mental, emotional, or any other reaction, trauma, or ailment during the trip or occurring afterwards, that participants may experience at the sites or from any leaders, workshops, or sessions of any kind, including private sessions with facilitators, presenters, or other guests. Attendance on the trip indicates acceptance of this and all other provisions of this responsibility clause.
Wayfaring Writers, LLP has recommended the purchase of appropriate travel accident insurance, baggage insurance, tour operation carrier default protection insurance, and trip cancellation insurance, and have made available explanatory information and policies, and the travel program member has the opportunity to purchase such insurance as protection against certain risks of travel to the planned destination. Travel program members are advised that travel insurance covers only what is included as stated in the travel insurance brochure.
The airlines or transportation companies concerned are not held responsible for any acts, omissions or events during the time passengers are not on board their planes or conveyances. The passenger contract in use by the carriers concerned, when issued, shall constitute the sole contract between the airlines or transportation companies and the purchase of this travel program and/or passengers.
COVENANT NOT TO SUE
I will not start any lawsuit or other court action against the Organizer, nor will I join any such proceeding, including any claim for money damages. I acknowledge and agree that I am entering a covenant not to sue the Organizer in any capacity, including to hold the Organizer liable for any injury, loss, or damage sustained by me or my property, even if it is due to the Organizer’s negligence or omission. I also waive the right of any of my insurers to make any such claim.
I agree to defend and indemnify the Organizer and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to my participation in the Retreat or my conduct or actions. I agree that the Organizer shall be able to select its own legal counsel and may participate in its own defense, if desired.
This Retreat Waiver shall be governed by and construed in accordance with the internal laws of Washington state 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 Whatcom County in any legal suit, action, or proceeding arising out of or based upon this Retreat Waiver.
In the event any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired by such holding of invalidity, illegality, or unenforceability.
MY BEST FOOT FORWARD
I agree to do my best to have fun, maintain an adventurous spirit, and interact with other retreat participants and locals in good faith. This retreat will be an enriching experience which brings growth as a writer and good memories. I commit to doing my part to contribute to this enrichment.
I have read the above Retreat Waiver fully and I understand and agree to its contents. I understand and agree that by signing this Retreat Waiver I forfeit any right, claim, or ability to hold the Organizer responsible for any tangible or intangible damages, loss of property, or loss of life that may occur during or after my use of the facilities and participation in the Retreat.
KNOWING AND VOLUNTARY EXECUTION
I have carefully read and fully understand the contents of this agreement as well as all the conditions as stated in this document, including those conditions regarding responsibility borne by trip participants and conditions regarding cancellations and refunds. I am aware, that this is a release of liability and a legally binding and enforceable contract between myself and Wayfaring Writers, LLP, and I sign it of my own free will.
STATEMENT OF PSYCHOLOGICAL AND HEALTH CONDITION
All information provided on this form is kept confidential.