Terms & Conditions & Liability Waiver

​In consideration of my participation in and presence at the Mountain Quest retreat (the “Retreat”),  my use of the premises on which such Retreat is conducted, as well as other sufficient consideration, each participant completing the registration form (the "Participant") agrees to the following Liability Waiver and Terms & Conditions:

 

Liability Waiver

 

WAIVER AND ASSUMPTION OF RISK

The Participant acknowledges understands, and is aware, that participation in the Retreat involves risks which may result in tangible or intangible harm, including but, not limited to, physical or mental injury, permanent disability, or death. The Participant agrees that such harm may result not only from the Participant's actions but also from the actions of others or from the environment in which the Retreat takes place. The Participant understands and expressly acknowledges that an inherent risk of exposure to COVID-19 exists in any place where people are present. The Participant Participant voluntarily assumes all such risks and other risks that the Participant may not have considered and is assuming all these risks voluntarily. 

 

The Participant, on behalf of themselves, their executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin hereby waives any and all rights and claims for damages, injuries, losses, demands, and any other actions or claims, related to, or connected with:

 

(1) The Participant’s presence at or participation in the Retreat; (2) the Participant’s use of any equipment or personal property used as part of the Retreat; (3) the Participan’s use of or condition of the Premises, including, but not limited to, any latent defects in the Premises; and (4) any damage or loss to personal property whether or not entrusted with the organizers.

 

This waiver does not apply to acts of gross negligence or willful misconduct by the Retreat organizers or other indemnified parties.

 

INDEMNIFICATION

The Participant agrees to indemnify, defend, and hold harmless Mountain Quest Retreats, the organizers of the retreat, its members, managers, officers, employees, contractors, agents, volunteers, and representatives, as well as the owners, operators, and tenants of the premises where the Retreat is conducted (collectively, the "Indemnified Parties") from any and all liabilities, damages, costs, expenses, claims, demands, judgments, and lawsuits arising out of or related to:

 

(1) The Participant’s presence at or participation in the Retreat; (2) The Participant’s use of any equipment or property in connection with the Retreat; (3) The Participant’s use or occupation of the premises where the Retreat is held; (4) Any actions or omissions by the Participant during the Retreat.

 

If any of the Indemnified Parties incur expenses, including attorney’s fees or court costs in connection with defending any claims or enforcing this Agreement, the Participant agrees to reimburse those expenses within ten (10) days of receiving a written notice.

 

MISCELLANEOUS

(1) Age and Capability - The Participant affirms that they are over 18 years of age and are medically, emotionally, and physically fit to participate in the Retreat.

 

(2) Severability: The Participant agrees that this Agreement is intended to be as broad and inclusive as permitted by law and that if any provision of this Agreement is deemed invalid or otherwise unenforceable, the enforceability of the remaining provisions will remain in full force and effect.

 

(3)Media Release:  The Participant grants permission to the Indemnified Parties to use photographs and/or video recordings of them taken during the Retreat for the purposes of advertising and/or promoting Mountain Quest and Mountain Quest Retreats. 

 

(4) Governing Law: This Agreement shall be construed, interpreted, and governed by the laws of the State of West Virginia, without regard to conflicts of law principles. I agree that any lawsuit arising out of this Agreement or out of my participation in the Retreat or activities of any of the Indemnified Parties shall be brought in Pocahontas County West Virginia.

 

Terms and Conditions

 

This document outlines the terms and conditions (“Terms and Conditions”) of Mountain Quest Retreats. By booking the Retreat, the Participant agrees to be bound by these Terms and Conditions. Please read them carefully before completing your booking.

 

RETREAT PAYMENTS

(1) Much planning, effort, expenses, and commitment to external service providers go into preparing the Retreat. Therefore, a non-refundable deposit of $500 is required at the time of booking. The Retreat accepts all major credit cards for all retreat payments. The remaining balance must be paid in full at least 30 days before the Retreat starts. If the balance is not paid by the deadline, the Participant’s booking may be canceled. 

(2) When booking the Retreat 30 days or less of the Retreat start date, full payment is required at the time of booking. 

(3) Participant who booked their retreat 14 days or more before the retreat start date, may cancel the booking within 7 days of booking and will be entitled to a refund of the amount paid less the non-refundable deposit. To provide notice of cancellation, contact the Retreat by email at info@MountainQuestRetreats.com.

 

EXPENSES NOT INCLUDED IN THE RETREAT PRICE 

The Participant is responsible for all their travel arrangements and costs. The Retreat is not liable for any delays, cancellations, or issues with travel arrangements. Transportation to and from the Retreat location is at the Participant's cost unless otherwise specified.

 

REFUNDED PAYMENTS

A fee of $35 will be charged for any returned payments. This fee must be paid in full before the Retreat begins

 

CANCELLATIONS REFUNDS AND PAYMENTS

Deposits are non-refundable but may be credited towards a future Retreat at the discretion of the organizers. Cancellations made within 7 days of booking are eligible for a refund, less $500. There is no refund if the cancellation is made 14 days or less before the Retreat starts. In the event of a medical or family emergency, refunds may be considered on a case-by-case basis. No-shows will not be eligible for any refund or credit. 

 

ITINERARIES ARE SUBJECT TO CHANGE

The Retreat itinerary is subject to change. The Retreat will endeavor to provide the services described in the itinerary.  The organizers will make every effort to adhere to the planned schedule but they may occur in a different sequence than anticipated. Uncompleted portions of the retreat itinerary are not a cause for refund.

 

THE RETREAT RIGHT TO CANCEL

The Retreat’s organizers reserve the right to cancel the Retreat if fewer than 10 participants are registered 11 days before the Retreat starts, or for any other reason. In the event of cancellation by the organizers, a full refund will be issued, including the deposit. The Retreat is not responsible for any other costs incurred by participants. 

 

PARTICIPATION

The Retreat reserves the right to remove any Participant whose behavior is deemed disruptive or incompatible with the safety and enjoyment of other participants. No refunds will be issued in such cases.

 

MEDICAL EMERGENCIES

The Retreat does not provide medical personnel. Participants must notify the organizers of any health conditions that could pose a risk to themselves or others. Participants with a medical condition participate at their own risk. In the event of a medical emergency, the Participant authorizes the organizers to seek emergency medical assistance.

 

ACKNOWLEDGEMENT

By checking this box, the participant acknowledges that: 

(1) they have read, understood, and agree to the Liability Waiver and Terms and Conditions for Mountain Quest Retreats 

(2) they have the right to have my attorney review this Agreement and advise me regarding my rights and obligations 

(3) They understand that this acknowledgment constitutes a legally binding agreement 

(4) They consent to the use of this electronic acknowledgment as a substitute for a handwritten signature, which is legally binding under applicable law 

(5)  They have had the opportunity to review the full text of the Liability Waiver and Terms and Conditions before making payment (6) They understand that by checking this box, they are entering into a binding legal agreement with Mountain Quest Retreats and they agree to abide by the terms outlined in the Liability Waiver and Terms and Conditions.