Radiant Voices Retreat Terms

This is the contract signed by all retreat participants

AGREEMENT, RELEASE AND WAIVER OF LIABILITY

IN RESPECT OF RADIANT VOICES INTERNATIONAL RETREAT

Secure your place and begin

Please read this document carefully and in full.

This is a binding legal contract between you, Jeremy de Tolly, the lead instructor and leader of the retreat, and his limited liability company, Radiant Voices LLC, of 30 North Gould Street, Suite R, Sheridan, Wyoming, 82801, United States.

By signing below, you agree to be legally bound by this agreement, release and waiver of liability.

This agreement concerns the following retreat:

Radiant Voices Retreat, Imiloa Dominical Campus, Costa Rica , with dates: 2 to 7 December 2024

(hereinafter “the Retreat”).

1. PARTICIPANT INFORMATION

Full Name:

Age:

Date of Birth:

Telephone:

Email:

Address where you reside (including city and state):

Citizenship(s):

Passport number, issuing country, and expiration date:

Emergency contact information:

Name:

Relationship:

Telephone:

Email:

Street address:

By providing emergency contact information above, 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.

2. HEALTH INFORMATION REGARDING PARTICIPANT

Do you have any physical, mental, or other conditions that may interfere with your ability to participate safely in the Retreat or in the transformation coaching, voice coaching, Emotional Freedom technique, TRE®, meditation and somatic practices we will do there, e.g., pregnancy, diabetes, anaemia, knee problems, back pain, asthma, hearing or seeing impairment, heart condition, inactivity, medication, PTSD, claustrophobia, medications, food allergies or sensitivities, etc.?

No: Yes:

If Yes, please provide details:

3. DEFINITIONS AND RULES OF INTERPRETATION AND CONSTRUCTION

Reference to the terms set out below shall have the following meanings:

“Agreement” shall mean this Agreement, in its entirety.
“Destination Country” shall mean the country in which the Retreat is located/ takes place.
“Instructor” shall mean Jeremy de Tolly, his limited liability company, Radiant Voices, LLC, and any other instructors employed or contracted by Jeremy de Tolly or Radiant Voices, LLC, to assist at the Retreat.
“Participant” shall mean the person who wishes to take part in the Retreat.
“Parties” shall mean all of the signatories of this Agreement, namely the Participant, Jeremy de Tolly, and Radiant Voices, LLC, by Jeremy de Tolly.
“Practices” shall mean any the following activities: transformation coaching, voice coaching, Emotional Freedom Technique, TRE®, meditation and somatic practices and general wellness and mindfulness instruction.
“Retreat” shall mean the retreat named above, which will include a variety of activities, including the Practices.

All amounts in this Agreement are in U.S. Dollars.

3.3 Article, paragraph, and section headings and titles are for convenience only. They are not a substantive part of this document.

3.4 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 Agreement:

Use of a singular word includes the plural, and vice versa.

3.4.2 This Agreement uses the gender-neutral, singular pronouns of “they/them/their” where possible. Use of a gendered word shall include all genders and no gender.

4. EFFECTIVE DATE

This Agreement shall take effect immediately upon execution by the Parties. It shall remain in effect unless amended, revoked or terminated in accordance with the provisions set out herein.

5. COST OF RETREAT

The cost of the Retreat is _

(please write in here the cost of your retreat, as previously agreed to, and the type of room/occupancy you have chosen, e.g., single, double).

The flat fee set forth above includes the following: five (5) nights of accommodation at the retreat center; three (3) meals per day; coffee/tea and fruit all day every day; daily classes and group practice sessions, including the use of mats and other props; and group transportation from and to SJO airport at the start and the end of the Retreat.

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 or otherwise; vaccinations; specialty beverages or alcohol; optional meals; tips; personal expenses (g. laundry and shopping); self-care/spa services e (e.g., massage); or tours/ excursions (e.g., surfing lessons, kayaking, paddle boarding, horseback riding, zip-lining and ATV adventures).

For those Participants who wish to share a room (the double room occupancy options), Instructor shall make his best efforts to match Participant with a roommate. However, if a roommate cannot be found, Participant shall be responsible for the cost of single occupancy, as set forth above in Paragraph 5.1.

6. RESERVATION AND PAYMENT

6.1 To reserve a space at the Retreat, Participant must review and sign this Agreement and return it to Instructor with the $500.00 (five hundred US Dollars) non-refundable reservation deposit (“Reservation Deposit”). All payments under this Agreement must be made in U.S. Dollars, either by credit / debit card or Paypal to Radiant Voices, LLC. The Reservation Deposit counts toward the total cost of the Retreat, which flat fee is set forth in Paragraph 5 below. If Participant has already paid the Reservation Deposit, or any other portion of the cost of the Retreat, by signing below, they accept the terms of this Agreement, including but not limited to the policies on refunds.

6.2 Participant must pay the applicable flat fee set forth in Paragraph 5 above in full at least 90 days prior to the start of the Retreat. If the reservation is made less than 90 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 9 below.

7. CANCELLATION BY PARTICIPANT

Due to the complexity of planning an international retreat, refunds are only available as set forth in this clause 7.

If Participant wishes to cancel their participation in the Retreat, they must notify Instructor by email to [email protected]. Cancellation shall take effect on the day Instructor receives the required email from Participant.
The Reservation Deposit is non-refundable.
If proper cancellation notice is received by Instructor more than 90 (ninety) days prior to the start of the Retreat, 100% of any payments made by Participant will be refunded to Participant, less the Reservation Deposit.
If proper cancellation notice is received by Instructor between 90 (ninety) days and 61 (sixty one) days prior to the start of the Retreat, 50% of any payments made by Participant will be refunded to Participant, less the Reservation Deposit.
If cancellation notice is received by Instructor 60 (sixty) days or less prior to the start of the Retreat, there shall be no refund.
Deposits or any payments made by Participant are not transferable to another applicant for or participant in the Retreat, for any reason.
There shall be no refund if Participant attends the Retreat, but leaves early, for any reason.
Any refunds due to Participant according to this Agreement will be made in U.S. Dollars to Participant within 30 (thirty) days of receiving proper cancellation notice.

8. CANCELLATION AND CHANGES BY INSTRUCTOR

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 or if too many cancellations have been received. In such an event, Participant will be given a full refund of all payments made to Instructor.
Up to 7 (seven) days prior to the start of the Retreat, if Instructor in his sole discretion determines that the Retreat is not a good fit for Participant, Instructor may cancel Participant’s reservation, in which case Participant will be given a full refund of all payments made to Instructor.
Force Majeure provision: 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/international-travel/ 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. In such an event, if the changes or cancellation occur more than 90 (ninety) days from the start of the Retreat (and Participant does not wish to accept the changes), 100% of any payments made by Participant will be refunded to Participant, less the Reservation Deposit; if the changes or cancellation occur between 61 and 90 days prior to the start of the Retreat (and Participant does not wish to accept the changes), 50% of any payments made by Participant will be refunded to Participant, less the Reservation Deposit; or if the changes or cancellation occur 60 days or less prior to the start of the Retreat (and Participant does not wish to accept the changes), refunds may be given in the discretion of Instructor or Instructor may agree to apply all or part of any payments made to a future retreat with Instructor.
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 may choose between (i) a 100% credit of all payments made to Instructor to use towards a future retreat with Instructor, or (ii) a refund of 50% of all payments made to Instructor within 90 days.
In all 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 INSURANCE clause below); Such insurance helps everyone share the potential cost of the risks of an international retreat.

9. HEALTH AND FITNESS REQUIREMENTS

Participant warrants that they satisfy all the following health and fitness requirements:
Participant must be in good physical and mental health to attend the Retreat;
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 reliable, respectful, supportive, and positive student; and
Participant must not have any criminal, caretaker, child welfare, or other similar background or history, no matter the jurisdiction or charge.
Participant is advised to consult with a physician to ensure they are in adequate health to safely participate in the Retreat. Participant must disclose to Instructor in Paragraph 2 above 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 any of the Practices 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 practice session. Instructor shall keep all disclosures of this nature by Participant confidential.
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.
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. To maintain a peaceful environment for all Participants, the following is prohibited while at the location of the Retreat: the consumption of alcohol, illegal or recreational drugs, cigarettes, or vapes in the Participants’ private rooms or on the retreat grounds; and parties in the Participants’ private rooms.

10. 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 city location of the Retreat. However, Instructor will arrange for group transportation from and to the designated airport at the start and the end of the Retreat. Instructor bears no responsibility or liability for delay or cancellation of flights, trains, buses, or other forms of transportation.

11. TRAVEL DOCUMENTS, MEDICAL EXAMS, VACCINATIONS AND QUARANTINES

It is Participant’s responsibility to learn about and obtain all required travel documents, medical examinations, and vaccinations for travel to the Destination Country, including but not limited to, 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 or entry requirements of the Destination Country or the country to which Participant will be returning.

12. INSURANCE COVER OBLIGATIONS

Instructor requires that every Participant purchase individual travel and trip cancellation insurance in advance of the Retreat. It is Participant’s responsibility to ensure that they are adequately insured for the duration of the Retreat regarding accident, injury, illness, death, emergency evacuation and repatriation, loss of personal items, cancellation, curtailment, worldwide emergency assistance, and all other contingencies. No insurance is provided for Participant by Instructor or by the retreat center. Participant must email their certificate of coverage for said insurance to Instructor at [email protected] within 30 days of paying their Reservation Deposit or before the Retreat begins, whichever occurs first.

13. ASSUMPTIONS OF RISK AND RESPONSIBILITY

13.1 Participant acknowledges that international travel can be challenging and bears a higher level of risk and uncertainty compared to domestic travel. The risk and uncertainty cannot be eliminated by Instructor and is part of the experience, enjoyment, and reward of an international retreat. In the Destination Country, standards of accommodation, communication, technology, transportation, access to health care, COVID-19 and other infectious disease precautions, hygiene, safety, and service may not be as high as those standards in the Participant’s country of origin and may require flexibility and patience on the part of Participant. Understanding all of this, Participant agrees to accept responsibility for their own safety and welfare while traveling for and attending the Retreat. Participant accepts all these risks and understands that not every risk is set forth herein.

13.2 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 the techniques taught in the retreat are not substitutes for medical attention, examination, diagnosis, and treatment by a licensed physician.

14. 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, estates, 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 claims, liabilities, 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, compensatory, 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. In particular, 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 or good health during the Retreat or during the travel to and from the Retreat.

15. WAIVER AND RELEASE FOR THE PRACTICES USED IN THE RETREAT

15.1 In further consideration of Instructor inviting Participant to the Retreat, Participant provides the following additional waiver and release of liability for the Practices used while at the Retreat (the term “Practices” is defined above):

15.1.1 At the Retreat, Participant may participate in the Practices taught by Instructor. Participant agrees and acknowledges that some of the Practices involve physical movements and activity and can be physically and mentally challenging, and therefore bears risk of injury, illness, and even disability and/or death.

15.1.2 Participant accepts all risks of participating in the Practices and assumes full responsibility for all injury, illness, and/or damages caused by their participation in the Practices. During the Practices, 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.

15.1.3 Participant understands and agrees that their participation in the Practices, in each class, is voluntary, in their sole discretion, and at their own risk. Participant warrants that they understand their physical, mental and emotional limitations and that they are sufficiently self-aware to stop or modify a Practice or recommendation before they become injured or ill or aggravate a pre-existing condition.

15.1.4 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 the Practices. Participant also understands that nothing said by Instructor should be construed as medical advice.

15.1.5 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 clearly if they do not want to be touched or assisted.

15.2 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 Practices are taught.

15.3 Participant therefore agrees to release, forever discharge, and hold harmless Instructor and their employees, agents, teachers, independent contractors, and other representatives, and their heirs, estates, 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 the Practices (“Claims”), unless caused by the gross negligence or intentional wrongful act of Instructor. The term “Claims” shall include any and all claims, liabilities, 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, compensatory, 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 Practices. Participant agrees that this waiver and release shall be legally binding upon them personally and their family, estate, heirs, successors, and assigns.

16. ALTERNATIVE DISPUTE RESOLUTION

Any disputes between the parties relating to the Retreat or this Agreement shall be submitted first to private mediation in Wyoming with a private Wyoming 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 Wisconsin at the time of the dispute, they may appear by live video 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.

17. AMENDMENT 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.

18. 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. 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.

19. 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.

20. JURISDICTION, VENUE, AND CONTROLLING LAW

The substantive law of the State of Wyoming (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 Wyoming 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 Wyoming and the United States. Jurisdiction for disputes arising out of this Agreement shall be in the Wyoming Circuit Court, with venue in Sheridan County, unless the parties otherwise agree.

21. 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.

THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK.

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.
I understand that I am giving up significant legal rights, including the right to sue.
I believe this document to be fair.
I have had a reasonable amount of time to ask questions about this Agreement and to have an attorney review it if I so choose.

AGREED:

Participant Date

Jeremy de Tolly Date

Instructor

Radiant Voices, LLC Date

By Jeremy de Tolly, Owner

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