RETREAT WAIVER AND RELEASE OF LIABILITY

We’re so excited to have you join our retreat! But before you start packing your bags, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating and to have you release Remote Luxury Retreats of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong.

Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in the retreat, either in-person or online. 

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

  1. Parties. We will refer to Remote Luxury Retreats, LLC, a Limited Liability Company registered in the State of Oregon, as “Remote Luxury Retreats,” “us,” or “we” and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your”.

  2. The Retreat Activities. You will be participating in a Surf and Self-Care retreat at Remote Luxury Retreats. The retreat will include many activities, which may involve, but are not limited to, the following (the “Retreat Activities”): 

    2.1. Yoga classes

    2.2. Meditation

    2.3. Pilates classes

    2.4. Art Therapy

    2.5. Writing

    2.6. Breath work

    2.7. Energy work

    2.8. Surfing

    2.9. The Retreat Activities may involve physical contact in the form of tactile cues and/or positional adjustments from instructors, so please let us know in advance if you do not want adjustments. 

    2.10. Some yoga classes may take place in a heated room (the range of heat for hot classes is between 90°F/32°C and 105°F/41°C).

    2.11. As these retreats will be taking place outside of Remote Luxury Retreats’ facilities, we need you to acknowledge that you are responsible for the safe facilitation of the Retreat Activities. 

  3. Equipment. In the course of the Retreat Activities, you may use a variety of equipment, which could include but is not limited to blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls, straps, reformers, chairs, tower, rings, cadillacs, barrels, Gyrotonic pulley towers, Gyrotonic ladders, magic circles, spinal correctors, stability and rotational discs, balance pods and surfboards (the “Equipment”). Please do not use any equipment not instructed by Remote Luxury Retreats. You understand that while we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.

    3.1. Please be aware that we may add new and different equipment for activities similar to those currently offered. You acknowledge and accept the risks associated with using any such future equipment.

  4. Inherent Risks. You understand that participating in the Retreat Activities poses inherent risks, some more obvious or serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death. You will progress at your own pace and will listen to your body. If at any point you feel overexertion, pain or fatigue, you agree to rest and communicate with the retreat facilitator as soon as possible.

    4.1. Injuries include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD. 

    4.2. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment. 

    4.3. If you are pregnant or post-natal, there are additional risks of Retreat Activities to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications. 

    4.4. You understand that by partaking in these Retreat Activities at the retreat location, other risks may arise, such as tripping or colliding with human or natural elements, sun exposure, dehydration, insects, and exposure to infections, diseases, pollutants and other environmental factors. 

  5. Risk Associated with Surfing. The ocean's dynamic nature requires you to be mindful of potential hazards. Powerful and unpredictable waves can lead to falls, wipeouts, and collisions that may cause serious injuries, including fractures and drowning. If you are not a confident swimmer, it is crucial to proceed with extreme caution due to risks like rip currents, changing tides, shallow water, and sandbars, which can quickly lead to difficulty. Entering and exiting the ocean demands careful attention.

    5.1. Remember that you may encounter marine life such as stingrays, jellyfish, sharks, or sea urchins in their natural environment, and some of these may pose a threat.

    5.2. Surfboards present injury risks due to their hard surfaces, sharp fins, and noses, which can cause lacerations, bruises, and fractures.

    5.3. Surfing requires a significant level of physical fitness and can result in fatigue and exhaustion. To avoid sunburn and dehydration, protect yourself from sun, wind, and saltwater exposure.

  6. Risks Associated with Travel to Mexico. Tap water in Mexico is not safe to drink. You need to consider this when at any establishment where ice may be added to your drink. Street food is tasty, but it can cause diarrhea. Petty crime requires all travelers to be vigilant. Mexico can experience severe weather, including hurricanes, and the terrain may include active volcanoes. 

  7. Risks Associated with Travel to the Philippines. Traveling to areas where tropical diseases like dengue fever exist requires being mindful of your health. To minimize the risk of mosquito bites, it's wise to use insect repellent and wear clothing that covers your skin. Additionally, the local tap water isn't safe for drinking, so stick to bottled or properly treated water. To ensure your well-being, it's best to choose freshly prepared options over street food.

  8. Affirmation of Health. By signing this Waiver and by attending the retreat, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to travel (if applicable) and to practice the Retreat Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, you should consult with your doctor first before attending the retreat and engaging in the Retreat Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Retreat Activities.

  9. Alcohol and Prohibited Substances. During leisure time, you may consume alcohol, but we ask that you exercise moderation. We do forbid you from participating in the Retreat Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present, focused and aware of your body’s pain threshold or be unable to practice the Activities safely.

  10. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Remote Luxury Retreats is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in our Retreat or during any of our Activities. 

  11. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Retreat Activities and retreat with Remote Luxury Retreats. Your signature below, electronic signature or clicking 'I Agree’ (or something similar), and your participation in the retreat with Remote Luxury Retreats illustrates your voluntary participation and assumption of the risks of the Retreat Activities.           

  12. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Remote Luxury Retreats, LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, agents, executors, administrators, successors, family members and assigns, as well as any property owner associated with the retreat (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Remote Luxury Retreats, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the retreat and the Retreat Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.

  13. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this Agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Oregon or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

  14. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Oregon. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Oregon. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.  

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms. 

Printed name __________________________________________________________________________________

Signature ____________________________________    Date ___________________________

RETREAT PARTICIPANT AGREEMENT

Are you excited about the retreat? Before you sign up with us, please read and understand this Retreat Agreement (the “Agreement”). The purpose of this Agreement is to communicate our mutual expectations for the retreat (the “Retreat”). Please raise any questions you have before signing to make sure we are on the same page moving forward.

In exchange for being allowed to participate in the Retreat, you agree to be bound to the following terms.

 1.     Parties. This Agreement is made between Remote Luxury Retreats, LLC, a Limited Liability Company operating in the State of Oregon (“Remote Luxury Retreats, “we,” “us,” and “our”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”).

 2.     What to Expect During the Retreat. Remote Luxury Retreats will provide you with a perfect opportunity to take a meaningful break and immerse yourself in an enriching retreat experience. The Retreat will include:

           2.1.     Art Therapy

           2.2.     Surfing (Optional Extra)

 3.     What We Expect of You. Here is what we expect of you as a participant in the Retreat to ensure the best possible experience for everyone:

           3.1.     Respect: You agree to always be mindful and respectful of other participants, instructors and facilitators during the Retreat.

           3.2.     Ownership: You are responsible for your own physical, mental and emotional well-being and actions during the Retreat.

           3.3.     Communication: We expect you to be upfront and honest about any issues or pains you may be experiencing and, if necessary, your medical history.

           3.4.     Showcasing. We're excited for you to share your experiences! To help us celebrate and showcase our community, please follow our social media and branding guidelines. As part of this, you'll need to sign our Media Release Agreement, which grants us permission to use any photos, videos, or audio recordings for our marketing efforts.

           3.5.     Safety. Please adhere to all safety guidelines and protocols at the resort, during the Retreat and during leisure Activities.

           3.6.     Honor Code. We expect you to uphold our honor code and join us in creating a safe, supportive, and respectful environment. Your integrity, confidentiality and positive contribution are essential to the healing and growth of everyone involved.

 4.     Termination: You and Remote Luxury Retreats can terminate this Agreement. Either party must provide at least eight (8) weeks written notice. Alternatively, if both parties agree to end the relationship at once, that will be binding.

           4.1.     If you violate any of the expectations outlined above, Remote Luxury Retreats may terminate this Agreement effective immediately and you will not be entitled to any refunds or any continued working relationship with Remote Luxury Retreats.

 5.     Payment. You agree to pay the price of the Retreat as listed in Schedule “A” Retreat Details.

           5.1.     A deposit of 50% is due at least ten (10) weeks prior to the Retreat.

           5.2.     Full payment is due 30 days after the deposit is paid or at least six (6) weeks before the start date.

           5.3.     For bookings made within six (6) weeks of the start date, full payment is required immediately.

 6.     Refunds and Cancellations. Our refund policy is as follows:

           6.1.     Retreat fees are non-refundable.  

           6.2.     In the event that Remote Luxury Retreats is unable to facilitate the Retreat and it does not happen, we will refund you the full cost. However, the Organizer shall not be responsible for any additional fees you may have paid to third parties, such as travel companies.

 7.     No Guarantees. While Remote Luxury Retreats will try to ensure you have the most wonderful experience on the Retreat, we make no guarantees that you will get any specific results from your participation.

 8.     Ownership of Materials. All the content that we have provided to you, including but not limited to videos, documents and PDFs, is for your use only and is not to be re-distributed or re-used.

 9.     Expectations and Behavior. Being on a retreat means that we are going to be sharing space and energy with others around us in a safe space. As such, we want to be super clear that we do not accept any rude, racist, sexist, discriminatory behavior of any kind towards any person. If you display any behaviors that are found to be unacceptable, you will be asked to leave the Retreat immediately, will not be welcome to participate in any Activities moving forward, and you will not be refunded for any amounts you have invested in the Retreat. We will not have an issue so long as you do not display any harmful or offensive behavior. Further, we operate in a safe place, and as such, any form of harassment, be it verbal or physical, is strictly prohibited. If you harass anyone - Retreat staff or fellow participants, you will be forced to leave the Retreat immediately.

10.     Mandatory Insurance. You must obtain travel insurance that covers your participation in the retreat activities. We also highly recommend that your insurance cover things like trip interruption, cancellation charges, medical expenses and item loss. Remote Luxury Retreats is not responsible or liable for any loss, damage, expense, cost, or any other travel issue. You will not be permitted to travel on the Retreat without providing proof of travel insurance.

11.     Additional items. You are responsible for maintaining up-to-date and valid travel documentation, such as passports, as well as any required and applicable travel visas, immunizations, or other required documentation for the locations being visited. Remote Luxury Retreats is not liable or responsible if you are denied entry or exit to or from any location or country.

12.     Assumption of Risks: You agree and understand that your participation in the Retreat may involve risks. These risks may lead to tangible or intangible harm. You agree that the Organizer is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Retreat.

13.     Retreat Waiver. Before you can participate in the Retreat, you must sign (or click to agree) to our Retreat Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.

14.     Media Release. We think you’re incredible and would love to show you off! By being a participating in our Retreat, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, and audio recordings of you captured during our Retreat or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know if you would like us to stop using an image of you at any time.

15.     General Indemnity. You hereby fully indemnify Remote Luxury Retreats and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Indemnified Parties”) and save harmless the Indemnified Parties from any losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Party may sustain, incur or suffer at any time, either during or after the Term, which are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission by you in participating in the Retreat.

16.     Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Oregon. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Oregon. Severability. If any provisions or terms of this Agreement are invalid or unenforceable, the other provisions and terms in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by me of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as if we signed the Agreement by hand.

17.     Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this Agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Oregon or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract. 

Thank you for taking the time to read this.

 

AGREED and ACCEPTED                                

 

___________________________________
Signature

Remote Luxury Retreats, LLC

Per: Sora Yi, Owner

 

Date:______________________________    

  

____________________________________
Signature

  

____________________________________

Printed Name

 

Date:________________________________   

 

SCHEDULE “A” RETREAT DETAILS

 

Waves of Resilience

Healing Through Art, Psychology and Surfing

 

August 14–17, 2025

Our Waves of Resilience Retreat includes:

●      Ground Transportation to and from Zihuatanejo Airport (ZIH)

●      Meet & Greet Dinner on August 14, 2025

●      Three (3) nights accommodation in Casa Parota and Casa Ollin (taxes and fees included)

●      Communal meals (Three (3) meals daily, August 15 and 16, 2025)

●      Workshops with Pamela Hayes Malkoff 

Optional extra (rate on request):

●      Privately guided Surf Lesson (off-site) (August 17, 2025)

MEDIA RELEASE AGREEMENT

Welcome!

The purpose of this Media Release Agreement (the “Release”) is for you to give us permission to use any photos or videos we capture of you or photos, videos or any other content taken or created by you as we prepare to record content to stream online. We want it to be perfectly clear that you are giving away the irrevocable rights of your audio, video, photo and other recordings to Remote Luxury Retreats.

1.     On-Camera Release. You hereby grant to Remote Luxury Retreats, LLC, a Limited Liability Company operating in the State of Oregon, and any of its subsidiaries, affiliates, successors, licensees and assigns (collectively, “Remote Luxury Retreats” or “us”) the worldwide, irrevocable, perpetual right to photograph and record you on video or film, edit and use any such photographs or recordings, including your voice, movements, musical or other sound effects, as well as your biographical information and testimonials, for any purpose, including commercial use, in any and all media, now known or hereafter devised.  

2.     Work-for-Hire. If we, Remote Luxury Retreats, have hired you as a professional to create content on our behalf, by signing this Release, you understand that we are creating a ‘Work for Hire’ relationship, where all intellectual property ownership in all materials created will forever belong to Remote Luxury Retreats.

3.     Materials Release. You hereby grant to Remote Luxury Retreats the worldwide, irrevocable, non-exclusive, perpetual right to use the copyrighted photographs and/or video recordings, taken by you or of you, which you either provide to Remote Luxury Retreats or which Remote Luxury Retreats takes of you (the “Licensed Material”) for any purpose, including commercial use and resale, in any and all media, now known or hereafter devised.

3.1.   Remote Luxury Retreats’ use of the Licensed Material shall be subject to an arrangement made between you and Remote Luxury Retreats. You warrant and represent that you have the right and authority to grant these rights, that the consent of no other person or company is required to enable Remote Luxury Retreats to use the Licensed Material, and that such use will not violate the rights of any kind of third party.

4.     Release of Liability. You hereby release Remote Luxury Retreats from any and all claims and demands of any nature whatsoever arising out of or in connection with it exercising its rights under this Media Release Agreement, including, without limitation, any and all claims for invasion of privacy, infringement on the right of publicity or personality, defamation (including libel and slander), and infringement of moral rights and other personal and/or property rights. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. You hereby agree to indemnify and hold harmless Remote Luxury Retreats and its members, officers, directors, employees, volunteers, agents, heirs, executors, administrators, successors and assigns from any and all liability resulting from our use of the Licensed Materials. 

5.     Ownership of Licensed Materials. You understand that in signing this agreement, either by hand or electronically or clicking ‘I Agree’, you are irrevocably assigning, across all jurisdictions in the world and forever, any intellectual property rights you have in the Licensed Materials, however they were created. Remote Luxury Retreats will always have full intellectual property ownership of the Licensed Materials, and this is a work-for-hire provision, where Remote Luxury Retreats is paying you to keep all ownership in the Licensed Materials.

6.     Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this Agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Oregon or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

7.     General Terms. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Oregon. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Oregon. Severability. If any provision of this Release is invalid or unenforceable, the other provisions in the Release will remain in full force and effect. Entire Agreement. This Release constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Release are for stylistic purposes only, and none of the content in the headings is intended to be legally binding. Assignment. Remote Luxury Retreats’ rights under this Release may be freely assigned and licensed to any entity. Online Agreement. We agree that this Release may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Release by hand and the intention of which is that both parties desire to be bound by all the terms of the Release.

I HAVE READ THIS MEDIA RELEASE, UNDERSTAND ITS CONTENTS AND VOLUNTARILY AGREE TO ITS TERMS.

 

Printed name _________________________________________________________________________

Signature________________________________________________Date______________________________