Proprietary Rights

Redefine Fitness is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Redefine Fitness logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Redefine Fitness and may be registered in the United States and internationally. You agree not to display or use the Redefine Fitness’ Intellectual Property in any manner without Redefine Fitness’ prior permission. Nothing on the Site should be construed to grant any license or right to use any Redefine FtinessIntellectual Property without the prior written consent of Redefine Ftiness.

Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved.

Assumption of Risk

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CUSTOMER KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN THE SERVICE OR EVENT, INCLUDING EACH ACTIVITY, SPORT OR OTHER SERVICE IN YOUR EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE SUPPLIER OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE SERVICE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR YOUR PARTICIPATION IN THE SERVICE. RISKS SPECIFICALLY INCLUDE THE SMALL POSSIBILITY OF CONTRACTING COVID-19.

Release and Waiver

You acknowledge and agree that:

• You have reasonably assessed the risks involved in the Services and have made an informed and voluntary choice to participate.
• You alone, and not the Supplier, are responsible for determining your fitness for participating in the Services and your ability to fully understand any directions or warnings presented.
• You will not participate in any Services when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that particular Service.
• You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Services, specifically including any requirement for vaccination against Covid-19 and/or recent testing to ensure that you do not carry Covid-19. If you notice any hazard during a Service, you will stop participating in the Service immediately.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE THE SUPPLIER FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

Customer's Obligations

The Customer shall:

• Ensure that the terms of the booking, and any information it provides are complete and accurate;
• Co-operate with the Supplier in all matters relating to the Services;
• Provide the Supplier and/or the Platform Provider with such information as the Supplier and/or the Platform Provider may reasonably require in order to process the order and supply the Services, and ensure that such information is complete and accurate;
• The following restrictions apply in respect of purchasing Services:
• Bookings may only be made by individuals who are 18 years or older. If you are bringing a minor as a guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of the Service, and have read this agreement and agree to it on the minor’s behalf.
• You may book on behalf of yourself or another. The Customer who makes the booking shall be responsible for all deposits and payments due.
• Certain Services may only be suitable for certain types of individuals. Customer must carefully review the criteria and waivers for you and travelers in your group to agree to. Female travelers in an advanced stage of pregnancy on the date of departure may be required to present a doctor’s certificate evidencing their fitness for travel. Given the nature of some of the activities, not all Services are suitable for individuals with reduced mobility. If you have any questions, please contact us to discuss whether the Services are suitable for you and your party before booking.
• You must take responsibility for the safeguarding of your personal belongings while participating in the Services (from the point of departure to return, including all scheduled activities). No responsibility can be taken by Supplier or venue for any loss or damage to you or a travelling party’s personal belongings.

Photography and Video Consent

Redefine Fitness Retreats has photographers and videographers documenting each retreat and uses and posts content on social media and in marketing and publicity material during and after retreats. You acknowledge and irrevocably consent to us using photographs of you and/or statements made by you during and after the retreat without payment or attribution on social media and in marketing and publicity material.

Charges and Payment

The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, before or after your booking.

• Despite the Supplier’s best efforts, some of the Services listed on the Website may be incorrectly priced. The Supplier expressly reserves the right to correct any pricing errors on the Website and or pending reservations made under an incorrect price, even after Booking Confirmation. If the change is made after Booking Confirmation, the Supplier shall offer Customer the opportunity to keep the booking at the correct price or terminate the Contract without any liability for your or us (less any platform, transaction and processing fees that have been incurred). The Supplier is under no obligation to provide Services at an incorrect (lower) price, even after confirmation of the booking has been sent.
• Your payment to us may be processed on our behalf by the Platform Provider or its appointed third party payment processing provider. The Platform Provider receives the monies you pay to it as a payment agent for the Supplier.
• The balance of all monies due for bookings (less any deposit paid by you) must be received by us no later than the date set out on the relevant page for the Service on the Website or on the confirmation email and invoices issued by Supplier. In the event of your non-payment of the balance by the payment deadline, Supplier reserves the right to cancel the booking and charge cancellation fees.

Cancellation Policy

If you are unable to attend the trip for any reason, you will need to make a claim with your travel insurance provider to claim any trip costs.

The deposit is non-refundable and is used to secure your spot on the trip. If you decide to cancel your trip, we cannot refund your deposit.

All subsequent payments are non-refundable once the payment due date has arrived.

Please ensure you purchase adequate travel insurance to cover any fees you may incur if you have to cancel your trip.

Please ensure your travel Insurance provider covers you for the following:

• Flight cancelation
• Trip payments
• Positive Covid-19 test or other medical restriction preventing you from traveling

Change of Booking by the Customer

• If after making the booking a Customer wants to change the trip with respect to the accommodation, the Customer should contact the Supplier. Subject to your statutory rights, if any, any such requests are at the sole discretion of the Supplier.
• The Supplier has no legal obligation to make any changes but may, at its sole discretion and where feasible, try to accommodate the Customer’s request. Changes depend on availability and a fee may be imposed in the event of a change to a booking. Such fees can be substantial and such costs tend to increase the closer to the departure date that the change is made.

Cancellation by the Supplier

In the unlikely event that WE have to cancel the trip for any reason then we will offer you the following options:

• A full refund of all monies paid, including your deposit
• Transfer of your booking, free of charge, to a future trip of the same value

In the unlikely event that we have to cancel the trip for any reason, any flight tickets purchased by you will not be able to be refunded. It is for this reason that travel insurance is a mandatory condition of your booking. If a refund is made to you for any reason, the refund shall be made less any platform, transaction and processing fees that have been incurred.

Change of Booking by the Supplier

As elements of the Services are planned in advance (in some cases by many months), from time to time the Supplier may need to make a change to the Services. The Supplier reserves the right to do so at any time. Most changes are minor changes, however, occasionally the Supplier will have to notify Customers of a significant change which it is constrained to make to the main characteristics of the Services, or where it cannot fulfil any special requirements which it has accepted.

In the unlikely event that the Supplier has to make a significant change to the Services, the Customer will be informed as soon as reasonably possible. The Customer will then have the option to:

• (a) accept the proposed change.
• (b) reject the proposed change and terminate the Contract with a full refund (less any platform, transaction and processing fees that have been incurred); or
• (c) reject the proposed change, terminate the Service and take an alternative one if offered. If the Customer decides to take an alternative Service, they will be informed of its impact on the price of the booking.

The Supplier may not give any of the above options in the event that a change to the purchased Service is not a significant change.

Unavoidable and Extraordinary Circumstances

The Supplier shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this Contract, or from carrying on its business or providing the Services as expected for any Unavoidable or Extraordinary Circumstance.

• An “Unavoidable or Extraordinary Circumstance” shall mean any acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, Act of God, war, riot, civil commotion, malicious damage, threat of the spread of any illness or disease or any epidemic or pandemic, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Supplier or sub-contractors.

Customer is advised to ensure it has appropriate travel insurance in place that covers Unavoidable or Extraordinary Circumstances.

Limitation of Liability

Except as set out in the Contract the Supplier accepts no liability for any claims, losses, expenses, damages or liability for the Services, except in cases of our fraud or involving death, injury or illness where the Supplier has caused such damage with negligence.

• To the maximum extent allowable under applicable laws, you hereby release Supplier, the owners of any venue at which an event is held, and their respective officers, directors, employees, agents, shareholders, members, agents, contractors, representatives, sponsors, volunteers, successors, and assigns (the “Released Parties”) from any and all claims, demands, damages, rights of action, or causes of action, arising out of your participation in any activity at any Supplier event.
• You know and understand the scope, nature, and extent of the risks involved in the activities. The activities may take place with other participants in natural, outdoor settings, including mountains, forests, lakes, or the ocean, and risks include, but are not limited to, high elevation, wildlife encounters, allergy, falling trees and limbs, marked and unmarked obstacles, slick or uneven walking surfaces, surfaces covered with water, ice or snow, rugged mountainous terrain, sunburn, injury through the acts of other participants, contraction of communicable illness (including the risk of contracting Covid-19), collisions with vehicles or equipment, or equipment malfunction. The activities may require physical exertion, which may be strenuous and could, in some circumstances, result in injury, including, but not limited to, abnormal blood pressure, fainting, heat stroke, heartbeat disorders, heart attack, or other physical injury. If you experience any physical pain or discomfort, you agree to immediately discontinue the Activity and seek help. You voluntarily, freely and expressly choose to incur all risks associated with any Activity, understanding that those risks may include personal injury, damage to property, and/or death.
• If an emergency or other incident occurs which, in the sole judgment of the Released Parties or medical personnel, requires medical treatment or care, you hereby consent to such treatment. You understand and agree that any and all medical treatment rendered to you by, or at the request of, any Released Party is not an admission of obligation to provide, or continue to provide, any such medical treatment and also is not a waiver by any Released Party of any right under this Agreement.
• You represent and warrant the following: (a) you have read this Agreement and understand it; and (b) you are at least 18 years of age, are in good health, and have no physical defects that might cause you harm during your participation in any Activity.
• This Agreement extends and applies to all unknown, unforeseen, unanticipated, and unsuspected injuries, damages, loss, and liability, and the consequences of them, as well as those disclosed or known to exist. You expressly waive all provisions of any state, federal, local, or territorial law or statute which provides that releases will not extend to claims, demands, injuries, or damages that are unknown or unsuspected to exist at the time to the person executing the release.
• If you have any complaint or claim, you must raise this with us in writing within 30 days of the end of your trip. The limitation period begins on the day on which the trip should end, based on the Contract.

Indemnification

You agree that if you or anyone on your behalf make a claim against the Supplier relating to a Service, you will indemnify and hold the Supplier harmless from any liability, demand, loss, damage, or costs which the Supplier may incur as the result of such claim.

Disclaimer of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPPLIER PROVIDES THE SERVICES “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPPLIER EXPRESSLY DISCLAIMS ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Travel Information and Insurance

Please note that Supplier is not responsible for providing passport or visa requirements for your trip. Your specific passport and visa requirements, as well as any other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. These should be provided to a Supplier where relevant. Any information supplied by Supplier on the Website or otherwise on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.

• The passport, visa and health requirements at the time of booking should be viewed on relevant government Websites or by making your own inquiries. It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
• You are encouraged to take out appropriate insurance which adequately covers the risks associated with the Services that you are participating in including the costs relating to assistance, including repatriation, in the event of accident, illness or death.

Contact Details

If you have any questions about our Terms and Conditions, please contact us:

• Email: team@redefinefitness.com