Waiver and Release Agreement In consideration of my participation in El Sol Club Retreats. El Sol Club Retreats and associated events and activities (collectively, “Retreats,”) I agree as follows:
1. Definitions. “Activities” include all activities at a Retreat and shall include, without limitation, water sports, hiking, yoga, yoga, swimming in pools, lakes or oceans, surfing, stand up paddle boarding, rope courses, zip lines, horseback riding, excursions, transportation in Released (defined below) or other vehicles, training, classes, instruction, traveling to and from a Retreat and all other activities associated with one or more Retreats. “Risks” shall include, without limitation, vehicular traffic, road and ocean conditions, health and environmental conditions (including without limitation disease, infection and animals), weather, equipment failure, driver error, rider error, participant error, food provided, facilities, actions of other people, and the actions, negligence and carelessness of the Released, as defined below. “Released” shall include El Sol Club Retreats, it’s officers, directors, employees, contractors and agents, volunteers, the owners or operators of any Retreat facilities or equipment provided and the sponsors of El Sol Club or the Retreats.
2. Certification, Acknowledgements and Assumption of Risk. I hereby certify that I am physically fit, have trained sufficiently for participation in the Retreat and have not been advised otherwise by a qualified medical person. I hereby assume all risks of participation in the Activities and the Retreat, including without limitation all Risks, whether such risks are caused (a) by the negligence or carelessness of, or (b) from dangerous or defective equipment or property owned or provided in any way by the Released. I acknowledge that the Retreat is an extreme test of my physical and mental limits and carries with it the potential for serious injury, property loss and even death.
3. Waiver, Release and Agreement Not to Sue. I, and on behalf of my executors, administrators, heirs, successors and assigns, hereby fully release, waive any claims I or they may have against, discharge and agree not to sue the Released or each of them from any and all liability to me or my executor, administrator, heirs, successors and assigns for any and all damage, injury or death of myself or the participant while at, participating in, while en route to or from a Retreat or while participating in the Retreat or any Activities, whether caused by negligence or carelessness of the Released or otherwise.
4. Indemnification and Hold Harmless. I, both on my own behalf and as the parent or legal guardian of a participant of a Retreat, hereby agree to indemnify and hold harmless the Released and each of them from any loss, liability or damage, including reasonable attorney’s fees incurred in any suit, demand or legal action arising out of any alleged injury, damage or death resulting from engaging in any Activities or participation in any Retreat, whether such injury damage, death is alleged to or did result form the negligence or carelessness of any person.
5. Medical Care. Although I acknowledge that there is no obligation of any person to provide any participant with medical care during, prior to or after a Retreat, in the event medical treatment is provided to me or my child or legal guardian, I hereby consent to such care. Paragraphs 2 through 4 of this waiver and release shall apply to such medical care and such medical care shall be deemed to be an Activity.
6. Personal Property. I acknowledge and agree that I am responsible for my equipment and all personal property during the Retreat and that the Released are not responsible in any way for such property whether it is lost, stolen or damaged.
7. Disasters. I acknowledge that events and occurrences can occur beyond the control of El Sol Club Retreats or the Released that may impact a Retreat and or me. These events and occurrences include, without limitation, fire, wind, hail, snow, hurricanes, tornados, severe rain, flood, smoke, earthquakes, landslides, acts of war, acts of governments, terrorist acts, and loss of electricity and or other utilities (collectively, “Disasters.”) What constitutes a Disaster shall be determined by El Sol Club Retreats in its sole discretion. I further acknowledge and agree that El Sol Club Retreats and the Released shall not be responsible for any injury, loss, damage or expense associated with a Disaster.
8. Words and Images. I understand that during a Retreat I may be photographed, videotaped and or my words may be recorded and I authorize and allow El Sol Club Retreats and its sponsors to use such images, words and likenesses for marketing, on websites, in brochures or other writings and any other legitimate purpose.
9. Interpretation and Governing Law. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under New Jersey law. If any portion of this document shall be held as invalid it is agreed that the balance shall continue to be in full force and effect. This document shall be governed by the laws of the State of New Jersey expect with respect to its provisions on choice of law and venue for any legal action shall be in the state or federal courts of Cape May County or New Jersey as applicable.
10 Payments. To reserve my space, I understand that a non-refundable deposit of $800 is required at the time of registration. This deposit secures my place in the retreat and is non-refundable under any circumstances, including personal schedule changes, illness, travel interruptions, weather events, family emergencies, or any other reason that may prevent my attendance. I understand that the remaining balance of my retreat payment must be paid according to the payment schedule provided at the time of registration. All payments must be received by the stated due dates. If I fail to make a scheduled payment, El Sol Club reserves the right to cancel my reservation and retain any payments previously made. I understand and agree that all retreat payments, including deposits and any subsequent payments, are non-refundable. Because retreat planning requires advance commitments to accommodations, instructors, transportation, meals, and other expenses, no refunds will be issued for any reason, including but not limited to personal schedule changes, illness, injury, travel delays, family emergencies, weather conditions, dissatisfaction with accommodations, failure to attend, late arrival, or early departure. I acknowledge that by registering for the retreat, I am making a financial commitment and accepting the no-refund policy in its entirety.
Because all retreat payments are non-refundable, participants are strongly encouraged to purchase travel insurance to protect against unforeseen circumstances that may prevent attendance.
11.Transfer of retreat. If I am unable to attend the retreat, I may request to transfer my reservation to a future El Sol Club retreat. Any transfer request must be submitted in writing and approval is solely at the discretion of El Sol Club. If approved, the transfer may be subject to an administrative fee and must be used within twelve (12) months of the original retreat date unless otherwise agreed upon in writing. El Sol Club is under no obligation to approve transfer requests.
12. Rooming.If I have selected shared accommodations, I understand that room assignments are made at the discretion of El Sol Club. While every effort will be made to accommodate roommate requests, specific room placements cannot be guaranteed. I acknowledge that I may be paired with a participant I do not know and agree to conduct myself respectfully and considerately toward all retreat guests. I understand that no refunds, credits, or discounts will be provided due to dissatisfaction with room assignments or roommate compatibility.
13.Airport Transportation. As a courtesy, El Sol Club provides complimentary airport transportation to and from the retreat venue for participants arriving at and departing from Rafael Hernández Airport (BQN) in Aguadilla, Puerto Rico. To utilize this service, participants must provide their flight information no later than 30 days prior to the retreat start date.
Participants arriving at any airport other than BQN, including Luis Muñoz Marín International Airport (SJU) in San Juan, are responsible for arranging and covering the cost of their own transportation to and from the retreat location. El Sol Club cannot guarantee transportation accommodations for flights arriving outside of BQN.
While every effort will be made to coordinate airport transfers efficiently, participants are responsible for arriving within the designated transfer windows communicated prior to the retreat. El Sol Club is not responsible for missed transfers resulting from flight delays, cancellations, itinerary changes, or failure to provide accurate flight information.
14.Responsibilities. I understand that El Sol Club reserves the right to cancel, postpone, relocate, or modify the retreat due to circumstances beyond its reasonable control, including but not limited to severe weather, natural disasters, government restrictions, venue issues, instructor illness, safety concerns, or insufficient enrollment. In the event that El Sol Club cancels the retreat before it begins, participants will be offered either a transfer to a future retreat or a refund of monies paid directly to El Sol Club. El Sol Club is not responsible for airfare, transportation costs, travel insurance, accommodations outside of the retreat, or any other personal expenses incurred.
15.Food and allergies. Since you're offering meals and working with a chef.
While every effort will be made to accommodate dietary preferences and food allergies communicated in advance, El Sol Club cannot guarantee an allergen-free environment. Participants remain responsible for managing their own dietary needs and informing retreat organizers of any allergies or medical dietary restrictions.
16.Payment Schedule & Default. I understand that the remaining balance of my retreat payment must be paid according to the payment schedule provided at the time of registration. All payments must be received by the stated due dates. If I fail to make a scheduled payment, miss a payment deadline, or do not pay my retreat balance in full by the final due date, El Sol Club reserves the right to cancel my reservation without notice. In the event of cancellation due to non-payment, all monies previously paid, including the non-refundable deposit and any installment payments, will be forfeited and retained by El Sol Club. Failure to complete the payment schedule does not release me from the terms of this Agreement or entitle me to any refund, credit, or transfer unless otherwise approved in writing by El Sol Club.