Please read this document carefully and in full. By signing below, you agree to be legally bound by this agreement and release of liability. This is a binding legal contract between you, Ann Ramsdell, the lead instructor and leader of the retreat, and her limited liability company, North Node Coaching and Consulting, LLC.
This contract concerns the following retreat (Soul Sabbatical in Sedona, AZ USA): (hereinafter “the Retreat”).
HEALTH INFORMATION REGARDING PARTICIPANT
By signing you affirm that you do not you have any physical, mental, or other conditions that may interfere with your ability to participate safely in the Retreat or in the Activities or Meditation practices we will do there.
DEFINITIONS AND RULES OF CONSTRUCTION
The following definitions shall apply to this document: a. The term “Agreement” shall refer to this Agreement, in its entirety. b. The term “Soul Sabbatical” shall refer to the following activities: all activities and aspects of Soul Sabbatical, including but not limited to Akashic Record readings, physical activities, massage and meditation; and general wellness and mindfulness instruction. c. The term “Retreat” shall refer to the retreat named above by Participant. d. The term “Destination Country” shall refer to the country in which the Retreat is located. e. The term “Participant” shall refer to the student and traveler who wishes to take part in the Retreat. f. The term “Instructor” shall refer to Ann Ramsdell, her limited liability company, Ann Ramsdell, LLC, and any Soul Sabbatical service providers employed or contracted by Ann Ramsdell or North Node Coaching and Consulting to assist at the Retreat. g. The term “the parties” shall refer to all three signatories of this Agreement: the Participant, Ann Ramsdell, and North Node Coaching and Consulting, LLC, by Ann Ramsdell. The following rules of construction shall apply to this Agreement unless construction in accordance with a rule would produce a result inconsistent with the manifest intent of the document: h. Use of a singular word includes the plural, and vice versa. i. Use of a gendered word shall include all genders. This document uses the gender-neutral, singular pronouns of “they/them/their.” The titles of the paragraphs in this Agreement are for reference purposes only and shall not be used in the interpretation of the provisions to which they relate.
This Agreement shall take effect immediately upon execution by the parties. It shall remain in effect unless amended or revoked in writing as set forth herein.
To reserve a space at the Retreat, Participant must review and sign this Agreement and return it to Instructor after completing either upfront payment of $7.000 USD or Monthly Payment Option for a total payment of $7500. All payments under this Agreement must be made in U.S. Dollars (“USD”), either by credit card or check made payable to Ann Ramsdell, LLC.
COST OF RETREAT
The cost of the Retreat is ($7,500 if paid upfront or $7,500 total under the Monthly Payment Options, as previously agreed to. b. The flat fee set forth above includes the following: five (5) nights of accommodation at the retreat center; three (3) meals per day; and daily activities and wellness practices. c. The flat fee set forth above does not include the following: anything not expressly listed above; airfare and any other travel costs to reach the Destination Country; costs associated with passports, visas, and customs; taxes; medical, travel, or trip cancellation insurance; medical examinations and testing required for travel; vaccinations; optional meals; tips; personal expenses (e.g., laundry and shopping);
Payment: Participant must pay the applicable flat fee or first payment of the a Monthly Payment Option, as set forth above in full at least 7 days prior to the start of the Retreat. If the reservation is made less than 7 days prior to the start of the Retreat, payment in full must be made when the reservation is accepted. If payment in full is not made as required above, Instructor may and will assume Participant will not attend the Retreat and cancellation charges will apply as set forth in Paragraph 10 below. Due to the complexity of planning the Retreat, payment plans/installment are only available as laid out at www.annramsdell.com/soul-sabbatical-sedona.
8. TRAVEL TO DESTINATION COUNTRY Instructor does not arrange for Participant’s airline or other travel to the Destination Country or the city location of the Retreat. It is the responsibility of Participant to secure airline or other travel accommodations to the Destination Country and the location of the Retreat. Instructor bears no responsibility or liability for delay or cancellation of flights, trains, buses, or other forms of transportation.
9. HEALTH AND FITNESS REQUIREMENTS a. Participant warrants that they satisfy all of the following health and fitness requirements: i. Participant must be in good physical and mental health to attend the Retreat; ii. Participant must be willing and able to demonstrate a high level of mental and emotional stability and maturity during the Retreat and participate in the Retreat as a respectfulparticipant ; and iii. Participant must not have any criminal, caretaker, child welfare, or other similar background or history, no matter the jurisdiction or charge. b. Participant is advised to consult with a physician to ensure that they are in adequate health to safely participate in the Retreat. Participant must disclose to Instructor in Paragraph 2 any pre-existing conditions or illnesses, food allergies or sensitivities, and any prescribed medications they are taking that could interfere with Participant’s ability to participate safely in the Retreat or in the activities that will be done there. Participant understands that if the information they provided about their health changes, they have an ongoing duty to update Instructor before a class or any Soul Sabbatical instruction. c. Participant shall also be solely responsible for complying with all COVID-19 entry requirements of the Destination Country. Otherwise, Participant may be asked to leave the Retreat. While at the Retreat, Participant shall disclose to Instructor any known or suspected COVID-19 exposures they may learn of, and any COVID19 diagnosis of their own (or of anyone in their household), immediately upon learning such information. As Participant does elsewhere in this Agreement, Participant assumes the risk of contracting COVID-19 during the Retreat and during the travel to and from the Retreat, and holds Instructor harmless for any consequences or damages of contracting COVID-19. d. Instructor shall have the right, in their sole discretion, to accept or deny any applicant for participation in the Retreat, based on the health and fitness grounds set forth in this Paragraph. Instructor does not discriminate on the basis of race, color, creed, religion, age, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, pregnancy, marital or parental status, or any other category protected by law. e. Instructor shall have the right, in their sole discretion, to ask any Participant to leave the Retreat at any time, if Participant is disruptive to the harmony of the Retreat and/or is violating any provision of this Agreement. Policies of the Satsung Retreat Home require that all Participants refrain from vaping and smoking anywhere on the premises, including outdoor property. Satsung Retreat Home policies moreover require that the pool not be used between the hours of 10:00 pm – 6:00 am to limit noise disturbances to occupants and surrounding properties. f. By providing emergency contact information at time of booking, Participant consents to Instructor contacting and speaking with that individual if, in the sole discretion of Instructor, there is an emergency during the Retreat regarding Participant’s physical or mental health. 10. CANCELLATION BY PARTICIPANT Due to the complexity of planning a Soul Sabbatical retreat, all payments are non-. a. If Participant wishes to cancel their participation in the Retreat, they must notify Instructor by email to firstname.lastname@example.org. Cancellation shall take effect on the day Instructor receives the required email from Participant. b. There shall be no refund if Participant attends the Retreat, but leaves early, for any reason. c. Deposits or any payments made by Participant are not transferable to another applicant for or participant in the Retreat, for any reason.
11. CANCELLATION AND CHANGES BY INSTRUCTOR a. Instructor reserves the right to cancel the Retreat up to thirty (30) days prior to the start of the Retreat, if too few people have made reservations. In such an event, Participant will be given a full refund of any and all payments made to Instructor. b. Instructor reserves the right to make changes to any aspect of the Retreat, or to cancel the Retreat entirely, at any time due to conditions in the Destination Country, neighboring countries, or the world, including but not limited to acts of nature such as weather or other natural disaster, pandemic, and other “acts of god,” acts of war or terrorism, terrorist threat, civil unrest, riots, strikes, trade disputes, interruption of transportation, government or political actions or orders, change of law or regulation, suspension of civil rights, crime, a material change to the relevant U.S. State Department Travel Warning or Advisory (which can be found at https://travel.state.gov/content/travel/en/internationaltravel/International-Travel-Country-Information-Pages.html), acts or omissions of a third party, or for any other reason whatsoever outside the reasonable control of Instructor. c. If Instructor is unable to lead the Retreat for any reason, Instructor shall make their best efforts to hire a substitute instructor with substantially similar qualifications. If a substitute instructor cannot be located after reasonable diligence, Instructor reserves the right to cancel the Retreat. In such an event, Participant will be given a full refund of any and all payments made to Instructor. d. In all of the above-listed events in this Paragraph, Participant hereby waives any right to claim other amounts are due to them, including but not limited to for loss of time, inconvenience, visa and passport fees, airfare and other travel expenses, insurance premiums, gear purchases, and vaccination and other medical-related costs. Participating in international travel and an international retreat is risky for everyone involved, not just Participant. That is why Instructor requires travel and trip cancellation insurance (see immediately below); such insurance helps everyone share the potential cost of the risks of an international retreat.
TRAVEL DOCUMENTS, MEDICAL EXAMS, QUARANTINES, AND VACCINATIONS It is Participant’s responsibility to learn about and obtain all required travel documents, medical examinations, and vaccinations for travel to the Destination Country. Participant shall also be solely responsible for learning about and complying with any COVID-19 testing, vaccine, quarantine, or similar entry requirements of the Destination Country and the country to which Participant will be returning. Instructor is not responsible for any delays, cancellations, or damages due to Participant’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 Participant will be returning. Instructor has not and will not provide advice regarding the immigration law of the Destination Country or the country to which Participant will be returning.
ASSUMPTIONS OF RISK AND RESPONSIBILITY a. Participant agrees to accept responsibility for their own safety and welfare while traveling for and attending the Retreat. Participant accepts all of these risks and understands that not every risk is set forth herein. In particular, Participant accepts the risk of contracting COVID-19 during the Retreat and during the travel to and from the Retreat. b. Participant acknowledges that they alone are responsible for their choices, actions, and results during and after the Retreat. Participant accepts full responsibility for the consequences of their use or non-use of any information provided by Instructor during the Retreat. Participant agrees to use their own judgment and due diligence before implementing any idea, suggestion, or recommendation of Instructor in their life, family, or business. Participant agrees that there can be no guarantees as to the outcome or result of using the information they receive from Instructor during the Retreat. Participant agrees and acknowledges that Soul Sabbatical is not a substitute for medical attention, examination, diagnosis, and treatment by a licensed physician.
WAIVER AND RELEASE OF LIABLITY FOR RETREAT In consideration of Instructor inviting Participant to the Retreat and accepting their reservation for the Retreat, Participant agrees to release, forever discharge, and hold harmless Instructor and their employees, agents, teachers, independent contractors, and other representatives, and their heirs, successors, and assigns (“Released Parties”), from liability for any and all Claims (as defined immediately below) relating to or caused by Participant’s attendance at and participation in the Retreat and in any additional activities or excursions Participant may engage in during the Retreat not provided by Instructor (“Claims”), unless caused by the gross negligence or intentional wrongful act of Instructor. The term “Claims” shall include any and all liabilities, claims, demands, actions, damages, rights of action, and causes of action, of whatever kind or nature, that may now or hereafter exist or arise, arising out of personal injuries, losses suffered, and damages of any kind (including but not limited to direct, indirect, consequential, incidental, punitive, or any other damages), including those known and unknown, developed or undeveloped, and foreseen or unforeseen, relating to or caused by Participant’s participation in the Retreat. Participant agrees that this waiver and release shall be legally binding upon them personally and their family, estate, heirs, successors, and assigns. In addition, Participant acknowledges that, in large part, operational control of the Retreat will be in the hands of the third party retreat center, and that any cause of action in regard to its shortcomings would be against the retreat center and not against Instructor. Participant acknowledges that Instructor is not responsible for the safekeeping of Participant’s personal property while at the Retreat, or for ensuring Participant’s safety from contracting COVID-19 during the Retreat or during the travel to and from the Retreat.
WAIVER AND RELEASE FOR THE ACTIVITES WITHIN SOUL SABBATICAL In further consideration of Instructor inviting Participant to the Retreat, Participant provides the following additional waiver and release of liability for the practice of all activities and exercises within Soul Sabbatical while at the Retreat (the term “Soul Sabbatical” is defined above in Paragraph 3): At the Retreat, Participant may participate in Soul Sabbatical exercises and activities taught by Instructor. Participant agrees and acknowledges that Soul Sabbatical involves physical movements and activity and can be physically and mentally challenging, and therefore bears risk of injury, illness, and even disability and/or death. Participant accepts all risks of participating in Soul Sabbatical and assumes full responsibility for any and all injury, illness, and/or damages caused by their participation in Soul Sabbatical. During Soul Sabbatical, if Participant experiences any pain or significant discomfort, they agree to listen to and honor their body, discontinue the activity, notify Instructor immediately, and seek medical attention from a licensed physician. Participant understands and agrees that their participation in Soul Sabbatical, in each activity and exercise, is voluntary, in their sole discretion, and at their own risk. Participant warrants that they understand their physical limitations and that they are sufficiently self-aware to stop or modify any recommendation before they become injured or ill or aggravate a pre-existing condition. Participant understands that Instructor is not a licensed physician, nor a medical professional of any kind, and therefore will not and cannot give them medical advice. Participant agrees that Instructor has no duty to provide them with medical advice or care (including CPR) during Soul Sabbatical. Participant also understands that nothing said by Instructor should be construed as medical advice. Participant understands that during the Retreat, Instructor may touch them and may give them physical assistance from time to time, and that before each class, it is their responsibility to let Instructor know if they do not want to be touched or assisted. This waiver and release shall apply to all classes, lessons, workshops, and recommendations Participant takes from Instructor, and all instruction Participant receives from Instructor, no matter where performed or given, and no matter what style of activity or exercise is taught. Participant therefore agrees to release, forever discharge, and hold harmless Instructor and their employees, agents, teachers, independent contractors, and other representatives, and their heirs, successors, and assigns (“Released Parties”), from liability for any and all Claims (as defined immediately below) relating to or caused by Participant’s participation in activities and exercises at Soul Sabbatical (“Claims”), unless caused by the gross negligence or intentional wrongful act of Instructor. The term “Claims” shall include any and all liabilities, claims, demands, actions, damages, rights of action, and causes of action, of whatever kind or nature, that may now or hereafter exist or arise, arising out of personal injuries, losses suffered, and damages of any kind (including but not limited to direct, indirect, consequential, incidental, punitive, or any other damages), including those known and unknown, developed or undeveloped, and foreseen or unforeseen, relating to or caused by Participant’s participation in Soul Sabbatical. Participant agrees that this waiver and release shall be legally binding upon them personally and their family, estate, heirs, successors, and assigns.
ALTERNATIVE DISPUTE RESOLUTION Any disputes between the parties relating to the Retreat or this Agreement shall be submitted first to private mediation in Washington with a private Washington mediator upon whom the parties agree. If the parties cannot agree upon a mediator, each party will select a mediator and together those mediators will select the mediator to be used. The parties shall share the costs of mediation equally. The parties shall cooperate with the mediator and participate in good faith in the mediation. The parties agree to submit this Agreement to the mediator for their review. If a party is residing outside Washington at the time of the dispute, they may appear by video conference at the mediation. If mediation is not successful in the opinion of the mediator and the parties cannot reach a resolution themselves, disputes may be submitted to a court as set forth herein.
MODIFICATION OF AGREEMENT Any future modification, amendment, waiver, or revocation of any provision of this Agreement shall be effective only if it is made in writing and is executed by the parties with the same formality as this Agreement. Any such modification, amendment, waiver, or revocation shall specifically provide what provision of the Agreement it intends to modify, amend, waive, or revoke. No oral modifications, amendments, waivers, or revocations shall be effective. Failure of a party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of subsequent defaults of the same or similar nature or of the other obligations contained in this Agreement.
SEVERABILITY If any provisions of this Agreement are deemed invalid or unenforceable, such provisions shall be deemed severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement. Consistent with the provisions of this Paragraph, if any provisions are deemed invalid due to their scope or breadth, such provisions shall be deemed valid to the full extent of the applicable law.
INTEGRATION This Agreement sets forth the entire agreement of the parties regarding the Retreat. All agreements, covenants, representations, and warranties, express or implied, oral or written, of the parties are contained herein. No other agreements, covenants, representations, or warranties, express or implied, oral or written, have been made between the parties regarding the Retreat. All prior, contemporaneous, and future conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties regarding the Retreat are waived, merged herein, or superseded hereby. This is an integrated agreement. If any provision of this Agreement conflicts with language about the Retreat on any website (including the Instructor’s website) or information provided by an airline, travel agency, hotel or resort, or anyone else, this Agreement shall govern.
JURISDICTION, VENUE, AND CONTROLLING LAW The substantive law of the State of Washington (and not its law of conflicts) shall govern all questions as to this Agreement’s validity and enforceability and the construction of its provisions, as well as all disputes arising out of this Agreement, unless the parties otherwise agree. The parties do not intend to make this Agreement enforceable in Washington alone. They intend for this Agreement to be valid and enforceable in any jurisdiction that finds it has jurisdiction over the parties regarding the Retreat, within or without Washington and the United States. Jurisdiction for disputes arising out of this Agreement shall be in the Washington Circuit Court, with venue in Seattle County, unless the parties otherwise agree.
SIGNATURES AND COPIES OF THIS AGREEMENT This Agreement may be executed in counterpart, each of which shall be an original, all of which shall constitute the same instrument. A photocopy or electronic copy of this Agreement, including signatures, shall have the same force and effect as the original.
By signing below, I intend to enter into a binding legal agreement and warrant the following:
• I have read this document in full
• I understand its contents
• I am acting voluntarily and knowledgeably