Terms & Conditions | Mystic Maker Retreat

Terms and Conditions

Mystic Maker Retreat Terms of Purchase

Parties. In consideration of being permitted to participate in the Retreat, and the value you will gain by participating in the activities, you hereby agree to these Terms of Purchase on the date electronically recorded by purchasing this Retreat. These Terms of Purchase are entered into between You and Modern Mystic Designs, LLC (hereinafter “Company”, “Mystic Maker Retreats”, “we” or, “us”).

Reservations and Payment. To reserve your place in the San Diego, California Mystic Maker Retreat (“the Retreat”), you must make full payment on our website. Once we receive your payment, we will send you a confirmation of your participation to the email address you used to register. This payment is non-refundable.

Day Pass. A Day Pass to the Retreat may be purchased if you wish to attend a single day of activities. Day Passes may not be purchased in conjunction with a full Retreat ticket. You must make full payment on our website and designate which day you will be attending. Once we receive your payment, we will send you a confirmation of your participation to the email address you used to register. This payment is non-refundable.

AfterPay and other Payment Vendors. Some payments may be processed through AfterPay or other electronic payment vendors. Your relationship with any electronic payment vendor you utilize to make payment is separate from Your relationship with Company and is governed by the terms and conditions contained in such vendor’s agreement.

Cancellation Policy. Please note that your spot at the Retreat is nonrefundable. If you cancel your participation for any reason, the following cancellation policy will apply, with no exceptions. While we would like to compensate people who have unforeseen situations (illness, family causes, emergencies, etc.) at the same time, we have costs that have already been assumed when you book your retreat and staff, therefore your spot at the Retreat may be transferred if you are no longer able to attend. We have designed our cancellation/transfer policy to be as compassionate as possible in the event that your plans change. In order to better protect yourself, we strongly advise you to take out travel insurance.

IF YOU CAN NO LONGER MAKE IT TO THE RETREAT: To transfer your spot, you must send an email stating that you wish to transfer your spot to: christinamardesigns@gmail.com stating who it will be transferred to with their contact information.

Travel insurance: The best way to protect yourself against unforeseen events is to get travel insurance. It will protect you in the event of: If the retreat is canceled due to a natural disaster, or if there are not enough participants to run the retreat; baggage loss; medical expenses and the cost of repatriation if you become ill or injured.

Testimonials. By submitting a testimonial, comment, photo, video to us, you agree that we have a non-revocable commercial license to republish your testimonial in whole or in part, unless you explicitly state in a writing addressed to christinamardesigns@gmail.com that we do not have such permission. You grant Company the rights in perpetuity to use the images or recordings in any media or publication, including but not limited to printed and web publications, for any use or purpose, including but not limited to advertising, promotional, marketing, trade, display, sale, exhibition and/or editorial use. If Company chooses to share User video content or testimonials, Company will not share any personal information other than country of residence and name.

Photographs. You authorize the Company to use any Photographs of which any part contains any or part of the image and/or likeness of You for Mystic Makers Retreats’ website, advertisements, or social media pages. Company may modify, alter, edit or enhance the Photographs in any way including cropping the Photographs, combining the Photographs, or adding texts or graphics to the Photographs. You waive any right for approval or inspection of the Photographs. You agree not to interfere in any manner with the development, production, distribution, exhibition, advertising, or promotion of the Photographs. You understand and agree that you have no right to any compensation, whether in the form of royalties or any other form, in connection with, arising out of, or related to the Photographs.

Participant Responsibility. It is your responsibility to inform the Mystic Maker Retreats staff if you have any injury and to keep in mind at all times the capacity of your own body during the retreat. If you experience any injury or discomfort with any activity during the retreat, you should ask the staff for medical assistance. During the Retreat, we will offer crafts with resin and other materials. It is your responsibility to check with a physician to confirm that your able to work with these materials present at the retreat. You are responsible for informing us of any mental or physical health conditions and dietary requirements before booking. If you have health conditions or dietary requirements that may be affected by the activities offered at the retreat, we reserve the right to refuse your participation in such activities.

Release of Liability and Assumption of Risk. BY PARTICIPATING IN RETREAT ACTIVITIES, YOU ACKNOWLEDGE THAT YOU ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURY THAT YOU SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM YOUR PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OR GROSS NEGLIGENCE OF THE COMPANY OR OTHERWISE. You hereby expressly waive and release any and all claims, now known or hereafter known, Against the Company, and its officers, directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to your participation in any retreat activities. You covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for intentional torts or any other liabilities that Florida law does not permit to be released by agreement.

Psychic Disclaimer. During the retreat, You may have access to psychic readings. Company and any service providers hired by Company do not hold themselves out to be licensed psychic or medical professionals and any statements made during the Retreat shall are for entertainment purposes only and not medical or other professional advice. Company makes no guarantees, representations or warranties of any kind or nature, expressed or implied, including without limitation, those of non-infringement, merchantability, title, fitness for a particular purpose, and warranties arising from course of dealing or course of performance with respect the Services of any third-party, or the Services Company provides. Client’s use of the Services and the services of any third-party is at Client’s own risk. Any opinion, response, advice, suggestion, predication, information, and/or other service provided by any psychic is provided for entertainment purposes only. Client should not rely on, or make health, legal, financial, or other decisions based on advice provided by Company or any third-party. Company is not responsible and disclaims liability for Client’s interpretation of or reliance on Company’s Services or the services of any third-party. Company disclaims any liability for economic loss, physical injury or illness. Client agrees that Company is not and will not be liable or responsible for any actions or inaction of the Client, or for any direct or indirect result of any Services of Company or those of a third party. COMPANY STRONGLY RECOMMENDS THAT A CLIENT SEEKING MEDICAL OR MENTAL HEALTH ADVICE SEE A QUALIFIED PROFESSIONAL IN PERSON. IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA. IN THE UNITED STATES, PLEASE DIAL 911.

Alcohol Disclaimer. You must be of legal drinking age to book your spot at the Retreat. By participating in the Retreat, you confirm that you are over 21 years of age. If you choose to consume alcoholic beverages during the retreat, you do so at your own risk.

Allergy Disclaimer. Company has hired a Chef to provide snacks and meals during the Retreat. Any attendees with food allergies must make Company and Chef aware of any allergens and the severity of them. Company is not a certified nutritionist or registered dietician. By participating in the Retreat, Client recognizes that there are certain inherent risks in the activities and assumes full responsibility for any personal injury. Client agrees that Company is not and will not be liable or responsible for any allergic reactions or other injury.

Assumption of Risk. By purchasing the Services, CLIENT EXPRESSLY AND VOLUNTARILY ASSUMES THE RISK OF ANY INJURY SUSTAINED WHILE PARTICIPATING IN COMPANY’S SERVICES, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF COMPANY, including but not limited to equipment malfunction from whatever cause, or any other fault of COMPANY.

Disclaimer of Liability for Third Parties. Mystic Maker Retreats, has no liability for any acts, omissions, or defaults, negligent or otherwise, of airlines, car rental operators, ferry companies, hoteliers, tour operators, or any other suppliers. We have no liability for any loss or damage caused by the negligence, act, or omission of any supplier or other third party. We reserve the right to cancel or modify itineraries or reservations when circumstances require it. In circumstances where Mystic Maker Retreats' liability cannot be excluded, such liability is limited to the value of the San Diego California Mystic Maker Retreat. If you are late for transportation, you will be responsible for paying any additional costs incurred as a result of your delay.

Indemnification. You shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to your participation in the retreat.

Severability. If any provision of this engagement agreement is determined to be illegal, invalid or otherwise unenforceable, such determination shall not affect the validity or enforceability of any other provision of this engagement agreement and shall only apply to the particular provision deemed unenforceable in the adjudicating jurisdiction.

Dispute Resolution. The parties agree that any disputes arising out of or related to the engagement agreement will be resolved according to the laws of California. In any such litigation, jurisdiction and venue will lie in the Judicial Circuit for Orange County, California. If it becomes necessary to enforce the terms of this agreement through legal proceedings, Client agrees to pay, in addition for judgment for such fees and costs, reasonable attorney’s fees, pre-judgment interest, and costs incurred in connection with such enforcement proceedings.

Client Acknowledgment. Client hereby acknowledges that he/she has read and agreed to each and every term contained in this engagement agreement. The Company has answered all of Client’s questions and fully explained this agreement to Client’s complete satisfaction. Client hereby acknowledges that the Company has made no guarantees.