RESCHEDULING AND CANCELLATION:
Covered Event. A “Covered Event” means the Host experiences an injury, illness, or other medical condition that reasonably prevents him/her from performing the Host Services on the schedule described in the Trip, as diagnosed by a licensed medical professional. Written notice must be provided to the Event Organizer within 48 hours of diagnosis and be accompanied by documentation from the diagnosing medical professional.
Rescheduling for Covered Event. The Host may reschedule the Trip, without fee or penalty, upon prior written notice to the Event Organizer for a Covered Event (defined below), provided such notice is received at least 90 days prior to the Trip departure date. The rescheduled date must be approved by the Event Organizer.
Cancellation by the Host. Except as provided above, if the Host cancels the Trip at any time and for any reason, the Host shall pay to the Event Organizer all funds or fees received by the Event Organizer and related to the Trip, an amount equal to the total service fees that the Hosts would have earned upon completion of the Trip. The Host shall pay such amount within 30 days of notice by the Event Organizer of the amount due. The Event Organizer may deduct such amounts from any funds due and owing to the Host under any other agreement, if applicable. The Host agrees and acknowledges that unfavorable exchange rate fluctuations might apply. Should the event be cancelled, the Host will pay the Event Organizer as liquidated damages plus applicable taxes (as required by law), and not as a penalty, within the 30 days after written notification to the Event Organizer of the cancellation, the damages set forth to the following schedule:
- If the Host cancellation occurring between the time of acceptance of this agreement and 90 days before the retreat star, liquidated damages in the amount of XXX will be due, plus applicable taxes.
- If the Host cancellation occurring 60 days before the retreat starts, liquidated damages in the amount of XXX will be due, plus applicable taxes.
- If the Host cancellation occurring 30 days before the retreat starts, liquidated damages in the amount of XXX will be due, plus applicable taxes, plus service charge* and applicable taxes.
*service charges: The Event Organizer will bill the Host and this billing will cover actual time spent at the rate of $125.00 per hour plus the Event Organizer's actual out-of-pocket expenditures, not to exceed the amount of $5,000 and the Event Organizer will provide the Host with a complete breakdown of how the billing is calculated.
Cancellation of individual passengers by the Host. If the Host chooses to cancel individual confirmed travelers at any time and for any reason, other than in the event of a Qualifying Exemption (defined below), the Host shall pay to the Event Organizer the associated down-payment and cancellation fees. A Qualifying Exemption means that if the Host has security concerns and/or observe threatening behavior exhibited by the traveler/s that may impact the dynamic and safety of the Trip, travelers or yourself. The determination of a Qualifying Exemption is at the discretion of the Event Organizer. It will be the Host sole responsibility to fill the cancelled spot within 60 days prior to the Trip's planned departure. Failure to fill the cancelled spot will result in the payment by the Host to the Event Organizer in the amount of the value of the total service fees that the Event Organizer would have earned upon completion of the Trip. The Host shall pay any such amount within 30 days of notice by the Event Organizer of the amount due. The Event Organizer may deduct such amounts from any funds due and owing to the Host under any other agreement. The Host agrees and acknowledges that unfavorable exchange rate fluctuations might apply.
Cancellation by the Event Organizer Due to Force Majeure Event. Notwithstanding the above, the Event Organizer shall not be liable or responsible to the Host, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the Event Organizer's reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, pandemics, epidemics, drought, bushfire, storm or other natural disaster, explosion, or public health and safety emergency characterized by an applicable government authority; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) other events beyond the reasonable control of the Event Organizer. In case of a Force Majeure Event, the Event Organizer shall provide the Host written notice of the Force Majeure Event, and cancellation of the Trip, if the Event Organizer elects to cancel the Trip due to the Force Majeure Event.
NON-DISPARAGEMENT. Host agrees that during and after the term of this Agreement, they will not knowingly vilify, disparage, slander or defame the Event Organizer, its officers, directors, employees, business or business practices.
Definition. “Confidential Information” means any non-public information that relates to the actual or anticipated business, research, or development of the Event Organizer and any proprietary information, trade secrets, and know-how of the Event Organizer that is disclosed to Host by the Event Organizer, directly or indirectly, whether in written, printed, oral, electronic or other form. Confidential Information includes, but is not limited to, the Website, research, product plans, products, services, customer lists, development plans, Work Product, processes, formulas, technology, methodologies, designs, drawings, marketing, compensation, finances, and other business information. Confidential Information is the sole property of the Event Organizer.
Exceptions. Confidential Information does not include any information that: (a) was publicly known and made generally available in the public domain prior to the time the Event Organizer disclosed the information to Host, (b) became publicly known and made generally available, after disclosure to Host by the Event Organizer, through no wrongful action or inaction of Host, or (c) was in Host’s possession, without confidentiality restrictions, at the time of disclosure by the Event Organizer, as shown by Host’s files and records.
Legally Compelled Disclosure. Nothing herein shall be construed to prevent disclosure of Confidential Information as may be required by applicable law or regulation, or pursuant to the valid order of a court of competent jurisdiction or an authorized government agency, provided that the disclosure does not exceed the extent of disclosure required by such law, regulation or order. Host shall provide written notice of any such order to an authorized officer of the Event Organizer within three (3) days of receiving such order, but in any event sufficiently in advance of making any disclosure to permit the Event Organizer to contest the order or seek confidentiality protections, as determined in the Event Organizer’s sole discretion.
Non-Disclosure and Non-Use. Host shall hold in trust and confidence the Confidential Information. Host shall not, without the prior written consent of the Event Organizer, disclose, in whole or in part, the Confidential Information to any third party or use the Confidential Information for any purpose other than the performance of the Host Services. Host shall take all reasonable precautions to prevent any unauthorized disclosure of the Confidential Information including, but not limited to, having each employee of Host, if any, with access to any Confidential Information, execute a nondisclosure agreement containing terms that are substantially similar to the terms contained in these Terms. Any Confidential Information that Host develops in connection with the Host Services shall be subject to the terms and conditions of this clause. Host shall notify the Event Organizer immediately in the event Host becomes aware of any loss or disclosure of any Confidential Information. Host must protect the Confidential Information against unauthorized use or disclosure with at least the same degree of care as the Host normally exercises to protect its own information of like character and importance, but in no event less than reasonable care or such higher standard of care as is justified by the facts and circumstances of the disclosure.
Termination. Upon termination of this Agreement, or earlier upon the Event Organizer 's request, Host shall deliver all Items containing any Confidential Information to the Event Organizer or make such other disposition thereof as the Event Organizer may direct.
INTELLECTUAL PROPERTY RIGHTS.
Host Content. Host shall be the sole and exclusive owner of all right, title and interest throughout the world in and to all photographs and video content, Literary Works, and Musical Works produced in relation to the Host Services (“Host Content”). Host hereby grants the Event Organizer a limited, nonexclusive, royalty free, license to use, publish, reproduce, perform, display, distribute copies of, prepare derivative works based upon, make, have made, sell, offer to sell, and otherwise exploit such Host Content and derivative works thereof.
Pre-Existing Materials. Host remains the sole and exclusive owner of all of Host’s Literary and Musical Works (defined below). Host hereby grants the Event Organizer a limited, non-exclusive, royalty free, license to include limited references to the Literary and Musical Works of the Host in order to promote, advertise, and summarize the Trip and its inclusion of the Literary and Musical Works to the nature of the Trip. “Literary and Musical Works” means copyrighted “literary works” and “musical works” as defined by the United States Copyright Act of 1976, as amended. Host may revoke such limited license with 20 days advance written notice.
Photos and Marketing. You consent to the Event Organizer using images of the Host taken during the Trip for advertising and promotional purposes in any medium. Without any limitation to the Event Organizer’s rights to any intellectual property as provided herein, you grant the Event Organizer a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
HOSTS REPRESENTATIONS AND WARRANTIES. Host represents and warrants to the Event Organizer as follows:
Compliance with the Event Organizer Policies. Host shall perform the Host Services in accordance with all policies and procedures provided by the Event Organizer
Services. Host has the required skill, experience and qualification to perform the Host Services and shall perform the Services in a professional and workmanlike manner in accordance with the generally recognized industry standards for similar services. Host shall devote sufficient resources to ensure that the Host Services are performed in a timely and reliable manner.
EVENT ORGANIZER’S REPRESENTATIONS AND WARRANTIES
The Event Organizer represents, warrants and covenants to Host that (a) the Event Organizer is duly organized, validly existing, and in good standing in the jurisdiction stated in the preamble to these Terms, (b) the execution and delivery of these Terms by the Event Organizer and the transactions contemplated hereby have been duly and validly authorized by all necessary action on the part of the Event Organizer, and (c) these Terms constitutes a valid and binding obligation of the Event Organizer that is enforceable in accordance with its terms.
INDEMNIFICATION & INSURANCE.
Indemnification. Host shall indemnify, defend, and hold harmless the Event Organizer, its affiliates and their directors, officers, employees, agents, licensors, content providers, successors and assigns from and against all claims, liabilities, damages, judgements, awards, taxes, losses, costs or expenses of any kind whatsoever, including attorneys’ fees and other legal expenses, that are incurred by the Event Organizer arising out of or resulting from: (a) any unauthorized use of the the Event Organizer Website, any Event Organizer Programs, and Event Organizer IP Assets or any content thereof; (b) any actions of a Traveler during a Trip; (c) any negligent, reckless, or intentionally wrongful act of Host or Host’s assistants, employees, or agents, (d) any breach by Host or Host’s assistants, employees, or agents of any of the covenants, warranties, or representations contained in these Terms, (e) any failure of Host to perform the Host Services in accordance with all applicable laws, rules, and regulations, or (f) any violation or claimed violation of a third party’s rights resulting in whole or in part from the Event Organizer’s use of the Work Product of Host under these Terms. The Event Organizer may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to Host.
Insurance. At all times while performing Host Services, Host shall maintain, at its own expense, general liability, and travel insurance policies with nationally recognized insurance companies. The Event Organizer shall maintain, at its own expense, a general liability insurance policy with a nationally recognized insurance company.
DISCLAIMERS and LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE EVENT ORGANIZER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE EVENT ORGANIZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
GOVERNING LAW; JURISDICTION, DISPUTES.
Governing Law. This agreement is made and to be performed in Northville, Michigan and shall be governed by and construed in accordance with Michigan law. By executing this agreement, the event organizer consents to the exercise of personal jurisdiction over it by the courts of the State of Michigan. This agreement is the entire agreement between the parties, superseding all prior proposal both oral and written, negotiations, representations, commitments, and other communications between the parties, and may only be supplemented or changed in writing, signed by representatives of both parties.
Jurisdiction. In the event of litigation arising from or associated with this agreement, the two parties agree that the prevailing party therein shall recover its attorney’s fees and all litigations expenses, charges and costs incurred therein. Any legal action in connection with this agreement shall be brought or maintained only in the courts of the State of Michigan, and only in Wayne County. The event organizer agrees to comply with all federal anti-terrorism rules and regulations. The host and the event organizer agree to cooperate with each other and governmental authority to ensure compliance with such laws.
Attorney Fees. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
Prohibition of Class or Representative Actions. The Host and the Event Organizer agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action.
Entire Agreement; Waiver; Severability. This Agreement constitute the entire agreement between the Event Organizer and the Host
Binding Effect; No Assignment by Client; Permissible Assignment by the Event Organizer: This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that user (including without limitation the Traveler) may not assign this Agreement, in whole or in part, without the prior written consent of the Event Organizer (which it may or may not grant in its discretion).
Covid requirements: At the time of this agreement, the host requires all guests to wear masks, unless actively eating or drinking, to utilize hand sanitizing stations if not able to wash hands. Guests not adhering to this policy, will be asked to leave the property. As the Host, by signing this agreement, I agree to comply and communicate these guidelines to the guests.
CONTACT and PAYMENT INFORMATION.
Payment (any sorts of) be made by checks or wire transfer no commission will be added. Payment (any sorts of) be made via PayPal, then a 3% processing fees will be added on top of the final price.
- PayPal email is firstname.lastname@example.org.
- Wire transfer payable to:
- Yogando Retreats Routing # 072000805, Checking # 375014486798, Bank of America
- If paying by check, please make deposit payments payable to:
- Elisa Magni c/o Yogando retreats
- 41101 Exeter Court,
- Northville 48168, Michigan
The person signing this agreement on behalf of the event organizer and the host, each warrant that they are authorized to make agreements and to bind their principals to this agreement