RETREAT TERMS AND CONDITIONS:
Sojourn Publishing, LLC (hereby referred to as “Presenter”) and all purchasers of a retreat or other services or goods from Presenter (such purchaser hereby referred to as an “Author”), hereby agree to the following:
Author, by purchasing any retreat, retreat package or other services or goods from Presenter, expressly agrees to the following terms and conditions. The following terms and conditions affect your legal rights related to your purchase of the retreat and/or other services from Presenter and you should read them in their entirety prior to making a purchase.
REFUSAL OF SERVICE. Presenter reserves the right to refuse service to any Author for any reason not prohibited by law, including any reason that might place Presenter in jeopardy socially, physically or legally. If Author refuses service to any Author, Presenter will return any monies paid by Author, which return shall be the sole remedy for Author for Presenters refusal to provide service.
RETREAT TRANSFER POLICY Presenter reserves the right to cancel a retreat for any reason, including in the case of unexpected, unforeseen, or uncontrollable situations or as a result of “force majeure” events (including “acts of god”, war, riot, and disease). All monies paid for a retreat are non-refundable and non-transferable, except as specifically set forth herein. In the unlikely event of the cancellation of a retreat for any reason, a makeup retreat will be scheduled in the same area for a date no more than 12-months after the original date of the retreat canceled. At the time of any cancellation by Presenter, registered participants can either transfer, at no extra charge, their registration to the makeup retreat or to any other already scheduled retreat within the 12-month period from the date of the cancelled retreat.
In the event Presenter is not able to conduct the retreat or provide a makeup retreat or provide any other services paid for by Author for any reason, Presenter’s liability to Author shall be limited solely to a refund of any monies already paid by the Author to Presenter. Presenter shall not be liable for any incidental expenses or consequential losses that Author may have incurred as a result of any cancellation, including transportation or lodging expenses. It is recommended that Author purchase travel insurance.
WAIVER AND RELEASE. The Author now and forever waives, releases, and discharges, and agrees to not make a claim against Presenter or its shareholders, members, managers, directors, officers, agents, employees, volunteers, suppliers, contractors, subcontractors, attorneys, affiliate companies, successors and assigns from any and all claims (including, without limitation, negligence claims), demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but limited to personal injury, wrongful death, and property damage, that in any manner arise from or relate to the use of the retreat space or participation in the retreat, except in the case of Presenter’s gross negligence or willful misconduct. The waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know or suspect to exist, but that may develop, accrue, or be discovered in the future. The Author represents and warrants that he or she has considered the possibility that claims, liabilities, injuries, damages, and causes of action may develop, accrue, or be discovered in the future, and he or she voluntarily assumes that risk as part of these terms and conditions.
INDEMNIFICATION. The Author further agrees to shall indemnify, defend (by counsel reasonably acceptable to Presenter), protect, and hold Presenter, its shareholders, members, managers, directors, officers, agents, employees, volunteers, suppliers, contractors, subcontractors, attorneys, affiliate companies, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including, without limitation, attorneys fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, (i) from Author’s participation in the retreat or Author’s use of the retreat space, (ii) from, negligent acts or omissions of the Presenter, its shareholders, members, managers, directors, officers, agents, employees, volunteers, suppliers, contractors, subcontractors, attorneys, affiliate companies, successors and assign, except in the case of Presenter’s gross negligence or willful misconduct, or (iii) from a breach of these terms and conditions by Author.
SUCCESS OF AUTHOR’S WORK NOT GUARANTEED. Presenter makes no warranty or representations regarding the potential success of Author’s writing.
CHOICE OF LAW. The Parties agree that any potential conflicts between the Author and Presenter will be resolved pursuant to Arizona Law and the venue for any dispute or conflict shall be in the Arizona State Courts located in Yavapai County, AZ, and that any and all communication in this regard, unless otherwise agreed upon by both parties, will be communicated via writing, and only through this manner.
SEVERABILITY OF INVALID PROVISION. Should any provision of these terms and conditions be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the terms and conditions shall remain in effect.