RETREAT GUEST AGREEMENT
This Retreat Guest Agreement, (the “Agreement”) is between AWAKEN DAY SPA, LLC, a Washington limited liability company, d/b/a Awaken Esthetics Retreat (“Company”), and you, as a user of this website and guest of the Retreat (“Guest”). Your attendance at the Retreat, is subject to each of the terms and conditions of this Agreement, all of which are incorporated by reference. By taking any affirmative action manifesting your intent to attend the Retreat, including purchasing, checking out, or providing credit card or billing information to be charged for attendance, you acknowledge and agree that you are entering into a legally binding agreement with Company. Company and Guest may be referred to individually as “Party” and collectively as the “Parties.”
1.0 RETREAT TERMS.
The details of the Awaken Esthetics Retreat (the “Retreat”) are as follows:
Dates
September 25, 2027 – September 27, 2027
Accommodation Type:
Guest Room at Lied Lodge at Arbor Day Farm - Single Occupancy
Single Occupancy is the standard accommodation and is included and guaranteed for each registered guest. A limited number of Double Occupancy rooms may be offered by Company, subject to availability and only with Company's prior written approval. Double Occupancy is not guaranteed.
Location:
Lied Lodge at Arbor Day Farm (the “Venue”)
2700 Sylvan Road, Nebraska City, NE
Total Fees:
$2,900.00 Returning Guest Registration (book on or before September 1, 2026)
$3,200.00 Early Bird Registration (book on or before December 31, 2026)
$3,600.00 Regular Registration (January 1, 2027 and after)
$6,400.00 Double Occupancy Registration – per room for two (2) guests (starting March 24, 2027 in Company’s sole discretion)
All amounts are in US dollars and are per Guest. The applicable price is determined by the date on which Company receives your completed registration and required payment (or Deposit). Coupons, discounts, promotional rates, and other special pricing may not be combined or stacked with one another or with any other offer; no more than one coupon, discount, or special price may be applied to any registration.
Retreat Amenities: Activities, Social Events, Classes, and Meetings as will be provided in the Retreat Daily Itinerary
Meals: 3 meals daily, dessert, snack and non-alcoholic beverages on September 25, 26 and 27, 2027
2.0 CONFIRMATION.
To book your attendance at the Retreat, the following steps must be taken. Guests will complete the entirety of the Retreat registration package, including payment, on the Awaken Esthetics Retreat Website, www.awakenestheticsretreat.com. At the conclusion of these steps, you will receive a confirmation email which will outline the details of your completed registration. If you do not receive a confirmation email within five (5) days of completing your registration, please contact Company.
Company may request that you provide additional information, such as identification, licensing, travel information and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the Retreat, including the Retreat Itinerary. Please be advised the itinerary is subject to change and may be modified by Company at any time. You hereby acknowledge and agree that Company has a right to do so for any reason, including, but not limited to, weather, third-party vendors or providers, and any other circumstances in Company’s sole discretion. Company also reserves the right, in its sole discretion, to substitute a comparable venue and/or to adjust the Retreat dates if reasonably necessary, and any such substitution or adjustment shall not entitle any Guest to a refund or to cancel without forfeiting fees as set forth herein.
3.0 PAYMENT TERMS.
3.1 Fees Due at Booking. At the time of booking the Retreat, you must provide a deposit of $500.00 (Five Hundred US dollars) (“Deposit”), which will be applied towards the total registration fees. A Payment Plan is available to Guests through Squarespace for the remaining balance in six (6) even auto-recurring payments. Payment plans will not be available for bookings after March 31, 2027.
3.2 Squarespace Payment Plan Terms. If any of the scheduled payments through Squarespace fails and remains unpaid for fifteen (15) days, Squarespace will cancel the remaining installments. As a result of such cancellation by Squarespace, you must pay the full balance remaining of your total fees within five (5) days of the Squarespace cancellation or your registration at the Retreat will be cancelled and no refund issued.
3.3 Klarna Payment Plan. Klarna is available at checkout. All payments made through Klarna follow their policies.
3.4 Deposit and Fees Non-Refundable. The Deposit and all fees are nonrefundable, whether paid directly, through Squarespace or with Klarna. If you cancel your spot in the Retreat, you will not be entitled to any refund of the Deposit or any additional fees paid. If the Total Fees are not received by Company by September 1, 2027, your spot may be canceled without prior notice to you. If the Retreat is booked by you on or after January 1, 2027, the Total Fees for the Retreat are due in full at the time of booking.
3.5 No Combining or Stacking of Discounts. Coupons, discount codes, promotional rates, referral credits, affiliate discounts, and any other special pricing may not be combined or stacked with one another or with any other offer. No more than one coupon, discount, or special price may be applied to any single registration. Coupons and special pricing are non-transferable, have no cash value, may not be applied retroactively to a completed registration, and are void where prohibited. Company reserves the right to correct pricing errors and to modify or discontinue any coupon, discount, or promotional offer at any time prior to the completion of your registration.
3.6 No Chargebacks. Because all fees are nonrefundable as set forth in this Agreement, you agree not to initiate, and to waive any right to pursue, any chargeback, payment dispute, or reversal of any payment made to Company with your bank, card issuer, or payment provider. Any attempt to do so shall constitute a material breach of this Agreement, and Company shall be entitled to recover the disputed amount together with any related fees and costs, including reasonable attorneys' fees. This Section does not limit any refund expressly owed to you under Section 5.1.
4.0 TRAVEL.
4.1 Travel to/from the Retreat. You are solely and exclusively responsible for all travel and transportation arrangements to and from the Retreat and the Venue, including airfare and ground transportation, if applicable. Company does not provide or arrange any transportation to, from, or during the Retreat, and no transportation of any kind is included in your registration. Company is not responsible or liable for any loss, damage, expense, cost, or any other issue arising out of, or related to Guest’s travel.
4.2 Additional Stay at Lodge. If you wish to extend your stay at Lied Lodge at Arbor Day Farm beyond the Retreat dates, or if your travel arrangements cannot be made the exact days of the Retreat, discounted room rates are available for the two days prior to and the two days after the Retreat, subject to availability. Please contact Company if you wish to extend your accommodations at Lied Lodge at Arbor Day Farm.
5.0 CANCELLATIONS.
5.1 Cancellation by Company. Company may cancel the Retreat for any reason, unrelated to an individual Guest, in the Company’s sole and exclusive discretion. If Company cancels the Retreat for its convenience, (and not due to force majeure), all Guests are entitled to receive a refund of all fees paid to the Company. If the cancellation is proximately caused by events beyond the Company’s reasonable control as described in Section 17.1, no refunds will be issued. In all cases, the Company is not responsible for third-party costs, such as travel companies, airfare, or other such expenses incurred.
5.2 Cancellation by Guest. If a Guest wishes to cancel the Guest’s booking, written notice must be sent to the Company via email. As noted above, fees are nonrefundable. However, Guests may transfer an active booking to another guest, subject to the Company’s approval and completion of additional registration documents.
6.0 MEDIA RELEASE.
You acknowledge and agree that before and during the Retreat, you may be subject to
photographs, video, sound recordings, or other media captures of your face, name, voice, or likeness. In consideration for your participation in the Retreat, you hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, livestreaming, editing, recording, posting, copyrighting, licensing, digitization, and/or rerelease of the Released Media, as defined below, by the Company, as well as any employees, affiliates, associates, representatives, media partners, sponsors, speakers, or agents (collectively referred to as the “Release Receiver”) for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented. “Released Media” shall include, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, email addresses, social media handles, and other media currently known or hereinafter developed, that capture you or your likeness before or during the Retreat.
You hereby release the Release Receiver from any and all claims and demands arising
out of or in connection with any use of the Released Media, including, without limitation,
claims for privacy violations, right of publicity claims, defamation and/or any other
intellectual property rights. You claim no ownership of the Released Media and forego
any opportunity, whether past or present, to copyright or trademark the Released Media.
You give consent to the use of this Released Media while knowing and understanding
that your name, comments, and other identifying factors may be revealed to the general
public. However, the Release Receiver may not disclose your physical address or phone number to any party in any medium.
7.0 INTELLECTUAL PROPERTY.
Guest acknowledges and agrees that the Company’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Company or its affiliates, licensors, or suppliers, and specifically includes the names, logos, and materials presented during or after the Retreat by the Retreat’s employees, affiliates, associates, representatives, media partners, sponsors, presenters, speakers or educators.
Guest expressly agrees not to do anything inconsistent with Company’s ownership of all
intellectual property discussed herein and agrees that no rights, title, or interest in or to any of the Company’s intellectual property are conveyed. In addition, Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Company or any of its third-party sponsors, media partners, presenters, speakers, educators or other guests.
Guest expressly agrees not to photograph, record, or distribute in any media or manner, any of the education sessions, including speakers, speaker slides, or materials.
8.0 VOLUNTARY PARTICIPATION.
8.1 Voluntary Physical Participation. You acknowledge that you may choose to participate in certain optional physical activities (“Physical Activities”) during the Retreat. The Physical Activities may include, but are not limited to, walking, swimming, yoga, fitness activities, or other types of physical activities. You understand and are aware that your participation in the Physical Activities involves risks. These risks may lead to tangible or intangible harm, and you agree that they may result not only from your own actions but also from the actions of others. With the knowledge and understanding of these risks, you choose, of your own will and volition, to continue participating in the Physical Activities.
You also acknowledge and agree that there are risks that you may not have considered, yet you waive your right to any claims that may occur from these unconsidered risks and choose, of your own will and volition, to participate in the Physical Activities. By attending the Retreat, you waive certain legal rights, including the right to sue the Company, and, if applicable, its owners, employees, agents, trainers, representatives, and facilities from any physical, material, tangible or intangible loss or damages that may occur during your participation in any Physical Activities.
8.2 Voluntary Alcohol/Wine Tasting. The Retreat may offer an optional wine tasting or similar event at which alcoholic beverages are served by the Venue or another third-party licensed vendor (each, an “Alcohol Event”). Participation in any Alcohol Event is entirely voluntary and is not included in, or required by, your registration. You represent that, if you choose to participate, you are at least twenty-one (21) years of age and will provide valid government-issued identification upon request. You agree to consume alcohol responsibly and in moderation, to comply with all applicable laws and all rules of the Venue and the serving vendor, and not to drive or operate any vehicle or equipment while impaired. The Company, the Venue, and the serving vendor each reserve the right, in their sole discretion, to refuse or discontinue service to any Guest for any reason, including apparent intoxication or inability to verify age. You choose, of your own will and volition, to participate in any Alcohol Event with full knowledge of the associated risks.
9.0 HEALTH ELIGIBILITY.
9.1 Your participation in the Retreat indicates your acknowledgment and agreement with, as well as your warranty of, the following statements:
(a) It is my responsibility to consult a physician before participating in this or any Retreat to ensure my eligibility for Physical Activity and I affirm that I have no medical conditions that would restrict me from participating in any of the Physical Activities.
(b) I agree to hold the Company, and if applicable, its employees, owners, agents, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Retreat. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.
(c) I agree that if I do experience medical issues, I will contact my doctor immediately.
(d) If I do require medical treatment or attention while or after participating in the Retreat, I agree that the medical costs are mine and mine alone and hold the Company blameless from any charges, fees, or costs that my conditions may incur.
(e) I specifically acknowledge and agree that these clauses are not intended to be a general release, which would be limited under some state and local laws.
9.2 Physical Accommodations. If you have any physical limitations that would prevent, or require accommodation for, sitting for several hours at a time; walking 10-50 yards to or from event locations on the Venue grounds; or walking up or down stairs or inclined paths, you must disclose such limitations to Company at the time of registration, so Company can determine whether the Venue can make accommodations or special arrangements.
10.0 USE AND CONDUCT.
Guest agrees not to use the Retreat for any unlawful purpose, or any purpose prohibited under this clause. Guest agrees not to undertake any action which may damage the Company or the Venue in any way. Guest further agrees not to use the Retreat:
(a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
(b) To violate any intellectual property rights of the Company or any third party;
(c) To upload or otherwise disseminate any computer viruses or other software that
may damage the property of another;
(d) To perpetrate any fraud;
(e) To publish or distribute any obscene or defamatory material;
(f) To publish or distribute any material that incites violence, hate, or discrimination
towards any group;
(g) To unlawfully gather information about others; or
(h) To resell any gifts, sponsor products, or services to any other person or entity.
Guest agrees to follow all rules and regulations of the Venue. Company reserves the right to terminate a Guest’s attendance at the Retreat for violation of this section. If your attendance is terminated under this section, in the Company’s sole discretion, you will not be entitled to a refund of any fees paid or any expenses incurred in leaving the Retreat.
11.0 DISCLAIMERS.
11.1 Disclaimer Regarding Presentations. The information presented at the Retreat is gathered with great care and reviewed regularly by the speakers and presenters. Company and its media partners, sponsors, speakers, presenters and educators make no claims or give any warranties concerning the validity, accuracy or completeness of any information presented at the Retreat and make no representation that the education or training presented at the Retreat is authorized by your state of licensure or by your individual license.
11.2 Disclaimer Regarding Allergens. There may be product samples, sponsor gifts, and Retreat gifts offered or made available to Guests. Company, and its media partners, sponsors, speakers, presenters, and educators make no claims or warranties regarding any individual’s use of such products and is not liable for any reaction, allergy or sensitivity resulting from Guest’s use of such products or ingredients contained therein.
11.3 Disclaimer for Vendor-Provided Food. The food served at this event is provided and prepared by a third-party vendor, Lied Lodge and/or Arbor Day Farm. Company makes no representations regarding food preparation, ingredients, or potential allergens. By consuming any food provided, attendees assume all risks and release Company from all liability for illness, injury, or other damages related to the food. While Company has made every effort to communicate the food allergies reported to the food vendor, Guests with food allergies or dietary restrictions are responsible for exercising caution and communicating directly with the food vendor at each meal regarding allergies.
11.4 Disclaimer Regarding Alcohol. Any alcoholic beverages made available at the Retreat are provided, prepared, and served by a third-party licensed vendor and not by the Company. The Company makes no representations or warranties regarding any alcoholic beverages, their ingredients, or their preparation, including as to sulfites or other allergens or sensitivities, and is not liable for any reaction, allergy, sensitivity, illness, injury, impairment, interaction with medications or medical conditions, or other harm resulting from a Guest’s consumption of alcohol. It is your responsibility to determine whether consuming alcohol is safe and appropriate for you, including in light of any medication, health condition, pregnancy, or personal circumstance, and to consult a physician if you have any question. By choosing to consume alcohol at the Retreat, you assume all risks associated with such consumption, agree to be solely responsible for your own conduct and safety and that of others affected by your conduct, and release the Company and its suppliers, associates, representatives, media partners, sponsors, speakers, presenters, educators, and affiliates from all claims, demands, damages, and liability arising out of or relating to alcohol served or consumed at the Retreat, to the fullest extent permitted by law.
11.5 Disclaimer Regarding Demonstrations and Treatments. The Retreat may offer optional product demonstrations, esthetic services, and treatments, during educational sessions by speakers and/or in the Innovation Room (collectively, “Demos and Treatments”), which may be provided or performed by the Company, its sponsors, presenters, educators, or other third parties, and which may involve the application of skincare products, cosmetics, devices, or other materials to your skin or body. Participation in any Demos and Treatments is entirely voluntary. Such activities carry a risk of adverse reactions, including allergic reactions, skin irritation or sensitivity, breakouts, redness, burns, or other reactions, and individual results and reactions vary. You are responsible for disclosing to the provider or demonstrator, before participating, any allergies, sensitivities, skin conditions, medical conditions, pregnancy, or medications that may affect your suitability for a Demo or Treatment, and for requesting a patch test where appropriate. The Company and its media partners, sponsors, speakers, presenters, educators, and the providers of any Demos and Treatments make no claims or warranties regarding any Demos and Treatments or the products used therein, and are not liable for any reaction, allergy, sensitivity, injury, or other harm resulting from your participation. By choosing to participate, you assume all such risks and release the Company and the foregoing parties from all related claims, demands, damages, and liability, to the fullest extent permitted by law.
12.0 GENERAL ASSUMPTION OF RISK.
You agree and understand that your participation in the Retreat may involve risks. These risks may lead to tangible or intangible harm, as discussed above. It is your responsibility to familiarize yourself with all possible risks involved in participation in the Retreat. You agree that Company is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Retreat.
YOU ACKNOWLEDGE THAT YOUR DECISION TO ATTEND THE 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 THE RETREAT. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.
13.0 RELEASE OF LIABILITY.
Guest hereby releases Company, as well as any of Company's suppliers, associates, representatives, media partners, sponsors, speakers, presenters, educators, affiliates, subsidiaries, parent entities, and other legal representatives, from any claims, demands, damages or other legal action which may arise from or relate to Guest’s use or misuse of the Retreat Website, attendance at the Retreat, breach of this Agreement, or conduct.
14.0 INDEMNIFICATION.
Guest agrees to defend and indemnify Company, and any of Company’s suppliers, associates, representatives, media partners, sponsors, speakers, presenters, educators, affiliates, subsidiaries, parent entities and other legal representatives, and hold them harmless against any and all legal claims and demands, including reasonable attorneys’ fees, which may arise from or relate to Guest’s use or misuse of the Retreat Website, attendance at the Retreat, breach of this Agreement, or conduct. Company may select its own legal counsel and may participate in its own defense, if so desired.
15.0 TERMINATION.
This Agreement continues until canceled by either Party as specified herein or until the Guest attends and completes the Retreat. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
16.0 DISPUTE RESOLUTION
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the State of Washington, in the county designated by the Company, consistent with Section 17.2. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the
provisions of this Agreement, award punitive damages, or certify a class. Each Party shall pay its own costs and fees. Claims necessitating arbitration under this section include, but are not limited to contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
17.0 GENERAL.
17.1 Force Majeure. Neither Party shall be responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, failure of an essential supplier, strikes, lockouts, fires, acts of God, health related pandemics, government shutdowns, or terrorism, or other similar or dissimilar events. The affected Party shall promptly provide written notice thereof to the other Party, including a detailed description of the force majeure event and a good-faith estimate of its duration, and shall use reasonable efforts to limit its impact.
17.2 Governing Law. This Agreement shall be governed by the laws of the State of Washington without regard to its conflict of laws principles.
17.3 Severability. In the event that any term of this Agreement is deemed to be invalid, illegal, or otherwise unenforceable: (1) the Parties shall use all reasonable efforts to negotiate in good faith to amend the term to eliminate any such invalidity, illegality, or unenforceability to the extent practically possible, taking into full account their original intent when entering into this Agreement in the first instance; and (2) the remaining provisions hereof shall continue in full force and effect.
17.4 Waiver. Waiver by either Party of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition or of any later breach of this Agreement.
17.5 Entire Agreement. This Agreement along with Guest’s Registration Forms and Payment Plan Agreement, if applicable, represents the entire understanding between the Parties and supersedes all previous and contemporaneous verbal or written negotiations or agreements, if any, on the subject matter hereof. No modification of this Agreement shall be effective unless set forth in writing and signed by a duly authorized representative of each Party hereto.
17.6 Survival. The rights, duties, obligations and liabilities of the Parties which are intended to survive shall survive the termination of this Agreement, including without limitation, terms addressing confidentiality, intellectual property, payment obligations, ownership, representations & warranties, indemnification, and limitations of liability.
