Retreat Participant Supplemental

These Supplemental Terms constitute a legally binding agreement between you a retreat participant (“you”, or “participant”), Hidden Leaf Baja (“Hidden Leaf”), and Retreat Practitioner (“Practitioner”), Hidden Leaf and Practitioner together as, “we”, “us”, or “our”). You agree that by booking a retreat at Hidden Leaf, and by your access to and use of the http://www.hiddenleafbaja.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), means that you have read, understood, and agreed to be bound by all of these Supplemental Terms and the Retreat Terms on our Site, where applicable.

Supplemental terms and conditions or documents that may be posted on our Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Supplemental Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Supplemental Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Supplemental Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of our Site after the date such revised Terms are posted.

The information provided on our Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our Site is intended for users who are at least 21 years old. Persons under the age of 21 are not permitted to use or register for the Site.

Flights and Transfers

To be able to participate you must have a valid passport and be able to travel to our destinations independently.

Flights are not included. Flights must be booked independently.

You are responsible for arranging your method of transport.

Transfers to and from airport are available at an additional cost from our 3rd party partner. Please be aware that if you decide to book your transfers through our 3rd party, your flight details will be required. This is to ensure that your transfers can be organized without any issues. Please note that failure to do so may result in waiting extended periods of time for the next available group transfer or having to organise any-time transfers at an additional cost to yourself.

Participants are welcome to arrange their own method of transport, instead of arranging transfers with our 3rd party partner. Participants who book transfers independently will need to take full responsibility for their transfers. Please note however that taxi costs may vary for the one way journey.

Deposit “Booking Fee”/ Final Payment

“Booking Fee”: a non-refundable deposit is required to secure your booking with us.

Payments must be made in full, 90 days before the retreat start date, unless otherwise specified. Failure to complete all payments by the due date will result in loss of entry to the retreat, no refunds will be given.

Installment payments

We allow you to pay for your retreat over 3 installments in accordance with the relevant date of purchase and retreat schedule.

If paying via installments, due to administration an additional 5% will be charged on all stage payments.

Cancellation/Refund Policy

We highly recommend travel insurance. This must be bought independently as it is not included in the retreat price. It is your responsibility to read and understand our cancellation policy before making a reservation. Please consider purchasing travel cancellation insurance.

By making a deposit you are stating that:

1. You have authorised us to use your Debit/Credit card.
2. You will not charge back, dispute, reverse any payments.
3. We reserve the right to ban any person without notice for any reason.
4. You have read the Terms and agree to be bound to the Terms and everything listed above and below.

If you need to cancel any retreat, cancellation fees will apply. All cancellations must be received in writing. Any promotional inclusions (such as products offered) will be deducted from any refund if applicable.

If for whatever reason you need to cancel after you have booked with us, the following refund policy will apply:

If you cancel within 24 hours of booking

Once you have confirmation of your booking you have a further 24hrs to cancel and obtain a refund of your deposit. You may transfer your deposit to another Hidden Leaf retreat or use your deposit as credit (within 1 calendar year) towards a stay at Hidden Leaf Baja.

After this period, the following conditions will apply prior to the start date of the retreat:

120 days or more

A refund of any payments minus your deposit and a 25% admin charge.

Between 119 – 90 days

A 50% refund of any payments.

Between 89 – 60 days

A 25% refund of any payments.

Less than 60 days

No refund will be provided on cancellations between 59-0 days prior to the start date of your retreat.

No refund will be provided for premature leaving of the retreat or failure to arrive at the retreat for any reason.

No refund will be provided for only part of a booking, for example if a room is booked for two participants who are sharing and one participant is unable to attend, the booking would need to be cancelled as a whole for the above refund policy to apply.

No refund will be provided for any room downgrades, after the 24hrs from the point of booking has lapsed.

If paying via installments, the above conditions will apply based on the entire price of your booking and not just on any installments paid.

If Hidden Leaf cancels or changes a retreat due to unforeseen circumstances, you may transfer your full retreat payment to another Hidden Leaf Retreat, or you may request a refund of your payments to us. We are not responsible for your expenses incurred in preparation for any canceled retreat, such as airline tickets, loss of work, and/or other costs associated with preparing for your trip.

Payments at the retreat

Please note that payment for items at the retreat; such as treatments, taxis, transfer, etc., can only be paid for by debit or credit card, PayPal or Pesos or USD dollars.

Tourism Tax

Some of our retreats are located in areas that require a tax, therefore, participants may be required to pay a tax before or at checkout. This fee is calculated per person per night of stay.

Room Share

If you select a ‘share with unknown guest’ room share option then we take no responsibility for the actions of the person/s with whom you ‘room share’. If for whatever reason you are unhappy with your ‘room share’ including but not limited to: clash of personalities; disagreements; snoring; other annoying habits etc, we cannot be held responsible. Please note that if you have booked a ‘share with unknown guest’ online we can guarantee that you will be sharing with an individual of the same sex, unless otherwise specified.

Adding a Participant to Your Booking

If you wish to add a participant to your booking, please note that we have a maximum capacity of participants that we can accommodate on site. If we have not reached capacity we would be happy to add a participant to your booking, however once we have reached the maximum number of participants unfortunately we would not be able to add any further participants at that time. We always recommend to confirm any changes as soon as possible, to avoid disappointment. At the point of booking we can highlight your details if you are looking to add a participant, in order to let you know when we are approaching our maximum capacity if you wish. Please note that places are only secured on receipt of payment.

Room Damages

If you damage your room or any of the property within your room we will automatically deduct the cost of repairing / replacing / redecorating from your registered card.

Comments and Complaints

If you feel unwell or are not happy with the retreat for any reason, please tell your Retreat Manager immediately and we will endeavour to take whatever action is required. Please bear in mind that any claims may be rejected if we are not given the opportunity to put matters right during your stay.

Health Restrictions

You agree to sign a waiver with Hidden Leaf at least 30 days before your retreat Start Date. All health issues including allergies MUST be disclosed prior to the Start Date of your retreat.

General Waiver

You acknowledge that you surrender your right to any cause of action against Hidden Leaf, their agents, contractor’s, employee’s and directors, arising from any loss or damage to any person or property that occurs during your retreat up to and including death.

Our property is not suitable for children under the age of 18 years or for people with physical disabilities that cannot take care or responsibility for themselves as we do not have the resources or expertise. There are areas of the retreat that people with mobility issues may not be able to access.

Exclusions

All information provided on the website and any written and verbal form of correspondence is correct at the time of publication.  However, due to mechanical faults, weather conditions, or what insurers call ‘Acts of God’, some amenities may be temporarily unavailable.

We reserve the right to cancel, curtail or amend the services without any liability where the services cannot be supplied at all or cannot be supplied as described or agreed due to circumstances beyond our control or the control of the applicable third party suppliers.

This may not always be possible. For example, if our cleaning crew becomes unwell during the retreat, it is likely that it will be too short notice to find another and cleaning for that day may well be cancelled. This is extremely rare, but could happen.

Where we cancel the services in accordance with this clause, we shall not be liable to refund any amount and/or pay any compensation to you.

We will not accept liability for:

• Any of the above events, or others beyond our control.
• Loss, injury, or damage (to you) or your personal property.
• Physical, medical or psychiatric conditions developing during or after your retreat.

Check that your holiday insurance policy covers these and other contingencies.

Indemnity

You agree to fully indemnify us without limitation for any trainer(s), director(s) practitioners or contractor(s) against any injury, malpractice, mishap, or accident during any and all interactions during your retreat.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the property; (2) breach of these Supplemental Terms; (3) any breach of your representations and warranties set forth in these Supplemental Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any client. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Assumption of Risk

By agreeing to these Supplemental Terms, you state that you wish to participate in the retreat at Hidden Leaf and all the activities, which could include but are not limited to: aerobic & resistance exercise, body movement, walks, swimming (pool, ocean) and therapy treatments. You realise that your participation may involve the risk of injury and even the possibility of death. Furthermore, you confirm that your are voluntarily engaging in the retreat activities and we not responsible for any injuries or losses incurred whilst at the retreat, after the retreat.

If you suffer with any health conditions, you confirm that you have either consulted with a doctor before participating or you are accepting full responsibility for your own health and you acknowledge the risk involved.

Liability

Hidden Leaf will not accept liability for: any practitioners; loss, injury, or damage to you or your personal property; or physical, medical or psychiatric conditions developing during or after your retreat. Check that your travel insurance policy covers these and other contingencies.

Neither Hidden Leaf nor any of its directors, employees or agents will be liable for any loss or damage to any personal property or vehicle belonging to the client during the retreat.

You willingly volunteer to join and participate in the Retreat. You are aware and acknowledge the risk and hazard that may arise during this retreat.

Your Retreat Practitioner, and Hidden Leaf Baja, will not compensate the you if any medical risk or hazard arises.

***It is your sole responsibility to purchase full & adequate medical, personal injury & holiday insurance for the full duration of the retreat.

You must refrain from any illegal act or any conduct unbecoming a retreat client, conduct or language which may give offence to a team member or client or any act which may cause damage to property.  If we or any of our staff, consultants or agents become aware of any such act / conduct then we & our agents may, at their absolute discretion, ask you to leave the premises, property or facility, this will be without refund or compensation to you, in these circumstances we will have no further responsibility or liability to you.

Photo / Video Release – Use of Image

You hereby grant to us the absolute and irrevocable right, and unrestricted permissions to use photographic portraits / images / videos in which you feature that are taken during the retreat to use/republish/copyright, etc. for commercial use in association with Hidden Leaf. You hereby release and discharge us from any and all claims and demands arising out of or in connection with the use of the photographs and video footage, including without limitation any and all claims for libel or invasion of privacy.

Confidentiality

The parties agree to keep confidential the contents of these Supplemental Terms and any confidential information relating to Hidden Leaf or the Retreat, save for any information which is in the public domain, otherwise than through the wrongful disclosure of either party or which is required to be disclosed by law. Confidentiality will continue to apply after termination of these Supplemental Terms or the end of the Retreat.

Privacy Policy

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Supplemental Terms. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

Modifications, Interruptions, Corrections

We reserve the right to change, modify, or remove the contents of our Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of our Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Site.

There may be information on our Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Site at any time, without prior notice.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Supplemental Terms and any policies or operating rules posted by us on our Site or in respect to our Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Supplemental Terms shall not operate as a waiver of such right or provision. These Supplemental Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Supplemental Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Supplemental Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Supplemental Terms or use of our Site. You agree that these Supplemental Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Supplemental Terms and the lack of signing by the parties hereto to execute these Supplemental Terms.

This contract is entered into under the laws of Mexico and the parties shall submit to the non exclusive jurisdiction of the Mexican Courts and in agreeing to these terms and conditions you are doing so on behalf of yourself and any other parties included in your booking.

By booking any retreat with us you agree to be bound by and adhere to all policies and house rules.

For any questions or queries, please email us at stay@hiddenleafbaja.com

 

Last updated 08/12/2023