Terms & Conditions
Legal Disclaimer
DISCONNECT AND RESET WELLNESS AGREEMENT AND RELEASE OF LIABILITY
This Disconnect and Reset Holistic Wellness Retreat Agreement (the “Agreement), made by and between Top Tier Nursing Services LLC., (hereafter known as “Host” or “Organizer” ) and you (hereafter known as “Client” or “you” or “Participants” or “Guests”.
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WELLNESS RETREAT: The details of DISCONNECT AND RESET Wellness Retreat are as follows:
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Date of Event: As stated on ticket/ registration
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Location: Jamaica, West indies.
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Accommodation and meals : Private Villa with personal chef . All meals at Villa included daily. Transportation: To and from the airport and to and from all excursions are INCLUDED.
PAYMENT: At the time of booking DISCONNECT AND RESET Wellness Retreat, you must provide a nonrefundable deposit.
The initial deposit and all fees are nonrefundable. If you cancel your spot in the Wellness Retreat, you will not be entitled to any refund of the deposit or any additional fees paid. The TOTAL balance must be paid 30 days prior to the date of wellness retreat.
If TOTAL Fees are not received by the Organizer 30 days PRIOR to the wellness retreat, your spot may be canceled without prior notice to you.
CANCELLATION; All deposits are non-refundable.
PHYSICAL AND MENTAL HEALTH REQUIREMENTS. By signing up for DISCONNECT AND RESET Wellness Retreat, you attest that you are in good physical and mental health to travel and participate in the Wellness Retreat. You are advised to consult with a physician to ensure you are in good health.
5. RISK OF LIABILITY/ASSUMPTION OF RISK. You agree and understand that your participation in the Wellness Retreat may involve risks. These risks may lead to tangible or intangible harm. Additional risks, such as those risks involved in being in another country, a country where medical services are not available, or a country with an unsteady political, cultural, or geographical climate, may also be present. It is your responsibility to familiarize yourself with all possible risks involved in participation in the Wellness Retreat. You agree that Organizer is NOT liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Wellness Retreat. YOU ACKNOWLEDGE THAT YOUR DECISION TO ATTEND THE WELLNESS RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED ABOVE AND THAT YOU ARE ATTENDING OF YOUR OWN WILL AND VOLITION. YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH DISCONNECT AND RESET WELLNESS RETREAT. IN NO EVENT WILL THE ORGANIZER BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN JAMAICA DISCONNECT AND RESET WELLNESS RETREAT.
6. RELEASE OF LIABILITY. Client hereby releases Organizer, as well as any of Organizer's affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Client's dispute with any other Client.
7. TERMINATION. This Wellness Retreat Agreement shall continue until canceled as specified above by either Party or until the Client attends and completes the Wellness Retreat. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
8. TRAVEL TO DESTINATION COUNTRY. Organizer does not arrange for Client’s airline ticket. It is the responsibility of the Client to secure airline tickets to the Destination Country. Organizers bear no responsibility or liability for delay or cancellation of flights, trains, buses, or other forms of transportation.
9. TRAVEL DOCUMENTS, QUARANTINES, AND VACCINATIONS. It is the Client's responsibility to learn about and obtain all required travel documents, medical examinations, and vaccinations for travel to the Destination Country. Client shall also be solely responsible for learning about and complying with any COVID-19 testing or any communicable diseases/viruses, vaccine, quarantine, or similar entry requirements of the Destination Country and the country to which Client will be returning. Organizer is not responsible for any delays, cancellations, or damages due to Client’s lack of proper travel documents, medical examinations, quarantine compliance, or vaccinations, including but not limited to a valid passport, visas (entry and exit), health certificates, and other documents that may be required by the Destination Country or the country to which Client will be returning. Organizer has not and will not provide advice regarding the immigration law of the Destination Country or the country to which Organizer will be returning.
10. INSURANCE. Host strongly encourages each and every Client to purchase individual travel and trip cancellation insurance in advance of the Wellness Retreat. In particular, due to the inherently risky nature of international travel especially during and for while after the COVID-19 or any other global public health emergency, Instructor recommends a “Cancel For Any Reason” provision in the policy. It is Client’s responsibility to ensure that they are adequately insured for the duration of the Wellness Retreat regarding accident, injury, illness, death, emergency evacuation and repatriation, loss of personal items, cancellation, curtailment, worldwide emergency assistance, and all other contingencies. Insurance will not be provided by the Organizer or the Villa.
11. MEDIA RELEASE. The Organizer reserves the right to use photos or videos from the Wellness Retreat for promotional purposes. By signing up for the Wellness Retreat, you agree to allow your image to be used for this purpose. If you do not want your image or voice to be used, please notify the Organizer in writing no later than 1 week before the Retreat begins.
12. INDEMNIFICATION. Client agrees to indemnify and hold harmless the Organizer, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by the Organizer, in writing.
13. COMMUNICATION. Client and Organizer may communicate via WhatsApp, phone call, direct message on social media, and FaceTime.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
LOST ITEMS. Organizer takes no responsibility for the personal effects or possessions of Client or any Client Party left at the villa, venues, or destination country.
FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control (Force Majeure), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officer, agents, or affiliates.
DISPUTE RESOLUTION. Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the State of Florida. The arbitration's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provisions it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Agreement may be modified or amended in writing 90 days prior to the wellness retreat, if the writing is signed by the ORGANIZER and CLIENT.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Agreement as of the date of first payment made to Top Tier Nursing Services, LLC.