RETREAT TERMS AND CONDITIONS

TERMS

Please READ carefully. These Retreat Terms and Conditions (these “Retreat Terms”) incorporate by reference the Terms of Use [https://the-booth-andrews-company.mykajabi.com/website-terms-of-use] for our website at boothandrews.com (the “Site”), our Privacy Policy [https://the-booth-andrews-company.mykajabi.com/privacy-policy], our Offering Terms and Conditions [https://the-booth-andrews-company.mykajabi.com/terms-and-conditions-online-courses], our Disclaimer [https://the-booth-andrews-company.mykajabi.com/disclaimer], and our Cookie Policy [https://the-booth-andrews-company.mykajabi.com/cookie-policy] (together, the “Online Terms”). These Retreat Terms govern the provision of retreats for women and ancillary activities and accommodations (the “Retreat”) by The Booth Andrews Company, LLC, a Tennessee limited liability company (“Company”, “we”, or “us”) to a purchaser of the Retreat (“you”). The Retreat Terms are in addition to the Online Terms that govern the provision of content, functionality, programs, products and/or services (“Offering” or “Offerings”) by us to you. In the event that there exists a conflict between any term, condition, or provision contained within these Retreat Terms and in any term, condition, or provision contained within the Online Terms, the term, condition, or provision contained within these Retreat Terms shall control.

By purchasing the Retreat, you agree to be bound by the Online Terms and these Retreat Terms. Please read both the Online Terms and the Retreat Terms carefully before purchasing the Retreat and print off a copy for your records. IF YOU DO NOT AGREE WITH THE ONLINE TERMS OR THE RETREAT TERMS, DO NOT PURCHASE THE RETREAT.

The materials contained in the Offerings are protected by applicable copyright and trademark law. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE OFFERINGS. By purchasing the Retreat, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access, use and/or log into this Site or otherwise purchase the Retreat. Please note that we only offer the Retreat and related activities to women over twenty-one (21) years of age.

RETREAT

We shall provide the Retreat to you as described on the Site in accordance with these Retreat Terms and the Online Terms.

Sometimes changes may have to be made. We reserve the right to modify or remove or otherwise change any Retreat programming and itineraries and other information advertised, including, but not limited to, dates, times, location, accommodation, prices, and activities.

We will provide the Retreat with reasonable care and skill. We may use local suppliers for services of the Retreat. We strive to appoint reputable and competent local suppliers, but we cannot guarantee the quality of these services as these contractors are outside of our control.

We do not make any guarantee that you will obtain a specific result from your purchase and use of the Retreat.

Please note that the cost of transportation to and from the Retreat is not included in the cost of the Retreat unless otherwise specified at the time of purchase. You are responsible for your transportation costs and are responsible for any non-refundable expenses you incur in the event we cancel the Retreat.

Your attendance at the Retreat is subject to any location provider terms and conditions and execution of any waivers for activities, trips, and excursions.

All personal items are the responsibility of the owner and Company shall assume no responsibility regarding such.

PARTICIPANT CONDUCT

You must abide by all applicable laws, regulations, and rules, as well as any guidelines or instructions provided.

It is advised that you consult a doctor before attending the Retreat to ensure you are sufficiently fit and health to undertake any arranged activities. If you are affected by any condition, medical or otherwise, that may affect your or other’s enjoyment of the Retreat, you must advise of this at the time of booking.

In the course of participation in the Retreat, photos or video may be taken by us or other participants. These photos and videos may be used by us in our materials, website, and social media, unless you specifically request otherwise in regard to materials in which your image is depicted. Otherwise, you agree to grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images.

While alcohol may be provided as part of the Retreat activities or accommodations, Participants are responsible for ensuring that their consumption of alcohol is not excessive and does not create a disruption or risk of harm to Participant or any of the other retreat occupants. Company reserves the right to limit access to Company-provided alcohol at any time for any reason. Participants should not be under the influence of any recreational drugs at the Retreat and doing so will result in immediate dismissal from the Retreat.

The Retreat is a non-smoking, non-vaping environment. Any smoking or vaping must occur only in designated areas away from lodging and activities and all smoking remains must be removed immediately.

No harassment, bullying, discrimination, or other violent conduct towards others (human or non-human) will be tolerated at the Retreat.

No weapons are allowed at the Retreat.

COVID-19

You acknowledge that on arrival to the Retreat you are affirming that you are healthy and do not present an increased risk due to COVID-19 or other infectious diseases. If you are experiencing symptoms or are unsure of your health, please consult a doctor and we urge that you do not attend the Retreat.

If for some reason you are someone else should contract COVID-19 while on the Retreat, we and our officers, directors, employees, and agents will not be held responsible for any medical or travel expenses.

BOOKING

In order to purchase the Retreat, you must provide the requested information and pay the specified amount. All prices are quoted and payable in USD. You will be required to register an account with us on our website or online commerce provider. You are responsible for any costs associated with your use of the Retreat. Any amounts owed by you must be paid in full before you attend the Retreat. Your place is not confirmed until your deposit has been paid and we send you a confirmation email. Company reserves the right, in our sole and absolute discretion, to refuse to accept any offer to purchase. In such circumstance, no contract will arise and we will return any payment accompanying your purchase offer. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Any optional trips or excursions are not our responsibility and are at your own risk and cost. All such trips or excursions are subject to the policies of the excursion providers.

DEPOSITS

Deposits are NON-REFUNDABLE subject to our Cancellation Policy below and non-transferable

Balances (if not paid in full at the time of booking) are due on the payment schedule as offered at the time of purchase, unless otherwise noted.

CANCELLATION POLICY

Please consider purchasing travel insurance. There are travel insurance policies that cover trip cancellation, medical expenses, and COVID-19 complications. It is your responsibility to read and understand our cancellation policies. Exceptions cannot be made for any reason, including weather, injury, illness, or personal emergencies. There are no refunds or credits for failure to attend or failure to complete the Retreat, or for late arrival or early departure. You acknowledge that the cost of the Retreat does not include insurance and you have been advised to obtain separate coverage at additional cost.

Subject to this Cancellation Policy and the Booking Policy above, the booking amount is non-refundable and non-transferable once your booking is confirmed. However, if you become aware that you are unable to attend the retreat, please advise us immediately and we will attempt to fill your spot without incurring any affirmative obligation to ensure that it is filled. If we are able to fill your spot, we will refund the difference between amounts you have paid and amounts received from a replacement participant, understanding that all monies received from the participant will be applied first such that the full booking price is received by us and that, in order to fill your spot, we may have to offer it at a discount.

Any and all refunds, if any, provided to you are subject to withholding of fees incurred by us for payment processing and/or cancellation penalties charged by our vendors.

We reserve the right in any circumstances to cancel the Retreat, in which case we will offer a full refund of all monies paid to us.

MEDICAL EMERGENCY

For international travel, we also strongly recommend considering Medjet Assist, a Medical Evacuation Service. MedJet differs from insurance and we are able to assist you with purchasing should you be interested. You can find out more about Medjet at this link.

DOCUMENTATION

Travel documentation appropriate for entry to your destinations, such as passports, visas, and inoculation certficates, remain each traveler’s responsibility. It is each traveler's responsibility to ensure that they have provided the full and correct spelling of all legal names as they appear on passports.

It is each traveler’s responsibility to make certain that they have proper immunizations before travel – please see your healthcare provider for advice.

Valid passports are required for all international destinations. If a passport is required to travel, the expiration date must be at least six (6) months following the return date of the planned travel.

Each foreign country holds different views of past criminal offenses – if you have a current or past offense, please contact that country directly for entry and exit requirements. Travelers with DWI or DUI records should check whether current rules exclude admission to foreign destinations.

REFUND POLICY

Subject to the Booking Policy and Cancellation Policy above, all payments are non-refundable and non-transferable, and you are responsible for full payment of the fees for the Retreat regardless of whether you attend the Retreat.

Upon determining that you are entitled to a refund pursuant to these terms, Company will promptly issue an instruction to its payment processor to issue the refund. Company does not control its payment processor and will not be able to expedite any refunds.

All refunds are discretionary as determined by Company.

ASSUMPTION OF RISK

By participating in the Retreat, you agree that you do so at your own risk, are voluntarily participating in these activities, and assume full responsibility for any risks of loss, damage, or personal injury, including death, that you may sustain. You agree to release Company and its directors, officers, employees, and agents (its “Representatives”) from any and all claims or causes of action, known or unknown, whether arising out of our or our Representative’s negligence or otherwise.

LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, FOR HARM CAUSED BY OR RELATED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE RETREAT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

NOT WITHSTANDING ANYTHING ELSE IN THESE RETREAT TERMS, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY AND ANY OF ITS REPRESENTATIVES UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT OF FEES IT HAS ACTUALLY RECEIVED FROM YOU IN CONNECTION WITH THE RETREAT.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

ASSIGNMENT

Any services provided by Company under the Retreat Terms are personal to you and cannot be transferred or assigned to any other person.

We shall be entitled to assign the Retreat Terms to any other company without prior notice to you.

FORCE MAJEURE

Company shall not be liable or responsible to you, nor be deemed to have breached the Retreat Terms, for any failure or delay in fulfilling or performing any term of the Retreat Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Company, including Acts of God, fire, floods, war, sabotage, accidents, pandemics, labor disputes or shortage, governmental laws, ordinances, rules and regulations whether valid or invalid, inability to obtain material, equipment or transportation, or any other event that makes the performance commercially impractical.

NOTICES

Company may be contacted at:

The Booth Andrews Company, LLC

9039 Cross Park Drive #31607

Knoxville, TN 37923

[email protected]

MODIFICATIONS

Company may revise the Retreat Terms or the Online Terms at any time without notice.

GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of Tennessee and you irrevocably submit to the exclusive jurisdiction of the courts of Tennessee.

SEVERABILITY

If any part or parts of these Retreat Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Retreat Terms shall continue in full force and effect.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Retreat and the related services or any portion thereof at any time, if you become disruptive to the Company or other users or participants, if you fail to follow guidelines, or if you otherwise violate these Retreat Terms. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

IF YOU DO NOT UNDERSTAND ANY OF THESE CONDITIONS, PLEASE DO NOT PURCHASE THE RETREAT. IF YOU REQUIRE FURTHER CLARIFICATION, PLEASE CONTACT [email protected].

These Retreat Terms are effective as of November 1, 2023.