The Terms and Conditions (hereinafter, “Terms”) set forth below refer to “The Emerald Palate, LLC”, (hereinafter, “EP”, “we”, and “our”), a Washington state Limited-Liability Corporation (seller of travel license number 603-549-254), which offers and operates retreats. All trips are offered subject to these Terms and EP’s standard Terms of Service. By registering for an EP retreat, you acknowledge and agree to all Terms.
Payment Policy
All prices on EP’s website are listed per person in USD. You’re spot on the retreat isn’t reserved until you register and your registration is confirmed by EP.
If you register before the final payment due date, a minimum deposit of $250 per person is required to reserve you or your group’s spot. The remaining balance will be due on the due date listed on the retreat page. If you register after the due date, full payment is due at registration to reserve your spot.
If you don’t pay the remaining balance by the due date, EP reserves the right to release your spot. If you haven’t completed payment, you’ll received email reminders before and when final payment is due. If you don’t submit full payment, cancel your registration, or respond to EP’s communication, EP has the right to release your spot to other guests. In the case that your spot was given to another guest, you will no longer be entitled to attend the retreat or receive a refund.
EP reserves the right to change the list price for retreats at any time, such as for a promotion or to reflect changes to what it costs to run the retreat. The list price at the time of your registration is what you will owe. You will not be charged more or less to match changes to the list price. In purchasing a retreat, you waive your right to claim a change to what you owe.
Cancellation Policy
Purchaser’s right to cancel: You may cancel your retreat registration without any cancellation fee or other penalty, or stated reason for doing so, by sending an email to adria (at) emeraldpalate (dot) com within 7 days of registering. The notice must be timestamped in EP’s inbox by midnight PST of the seventh calendar day following the day on which you register for a retreat or the day an email confirming your registration is received by you, whichever is later. The day on which you register is not included as a “calendar day,” and if the seventh calendar day falls on a Sunday or legal holiday, then the right to cancel your retreat attendance expires on the day immediately following that Sunday or legal holiday. Cancellations are effective once EP confirms receiving your email.
After 7 days, you will not get a refund if you need to cancel. However, you’re welcome to find a guest to take your place. If you do this, you’ll be responsible for obtaining payment directly from this individual to cover what you paid for the retreat. If you need to cancel before you complete final payment and you find a guest to take your place, email EP with them CC’ed to discuss transfering your spot.
If you choose not to find a guest to take your spot but still need to cancel, you may receive a non-transferable credit for the amount you paid for a future EP retreat, less the $250 per person deposit, valid for a year after your cancellation. You acknowledge that there’s a risk there won’t be a retreat within that year or that you may not be able to attend the retreats offered, either due to your own availability or a retreat being fully booked. You also acknowledge that you must request to use your credit for a future retreat at least 60 days before the retreat date.
If EP cancels the trip, you will be issued a full refund. EP reserves the right to cancel the retreat or make changes to the retreat itinerary at any time, for any reason. For example, the retreat itinerary may change if a business can no longer provide a tour, or the retreat may be canceled if the minimum number of 6 guests isn’t reached 30 days prior to the trip, or due to unforeseen circumstances, such as severe weather, death, etc.
If EP cancels the trip, you will be issued a full refund within 14 days of cancellation if no funds have been sent to the service providers listed on your itinerary (hereinafter “Suppliers”), or within 30 days of cancellation if funds have been sent.
However, you will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa or passport charges, airfare, rental car fees, or gear purchases). To protect yourself from this, it’s recommended you avoid purchasing non-refundable travel and/or get travel insurance.
Acknowledgment of Risks and Assumption of Responsibility
Although EP has taken reasonable steps to ensure safety, you acknowledge that this activity has risks, including certain risks which cannot be eliminated without destroying the unique character of the retreat. The same elements that contribute to the unique character of this activity can cause loss or damage to you, including accidental injury, illness or in extreme cases, permanent trauma, disability, or death and also can cause damage to or loss of property. The following describes some, but not all, of those risks.
Activities vary from trip to trip and may include but are not limited to: hiking or walking on rough surfaces; driving between tour stops; visiting warehouses or other business facilities with machinery; and consuming alcoholic beverages.
EP acts as a seller of travel for the Suppliers named in your itinerary. EP is not responsible for acts or omissions of the Suppliers, their failure to provide services or adhere to their own schedules, or for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by any party not under EP’s control. You acknowledge and understand that Suppliers may have their own contracts covering cancellation penalties and other terms and conditions, and that you may be bound by those contracts regardless of whether you receive notice of their terms.
EP trips do not include transportation. You are responsible for providing your own transportation to and from the retreat, and between activities during the trip. If you express interest in carpooling, EP may connect you with other guests as a convenience to you. However, EP assumes no responsibility for any accidents, injury, or incidents that may occur during transport. If you decide to participate in a carpool, you acknowledge that you choose to do so on a voluntary basis, assume full responsibility for any accidents or claims arising out of an incident, and confirm you own the appropriate insurance.
EP trips can involve travel to rural places, sometimes far from appropriate medical facilities. Transportation, evacuations and medical care can be delayed; communication can be delayed, limited or, in low connectivity areas, not available.
Environmental risks and hazards can include heavy rains and mud; insects, snakes and predators, including large animals; falling and rolling rock; lightning, flash floods and unpredictable forces of nature, including weather which may change to extreme conditions without warning. Possible injuries and illnesses can include sunburn, heatstroke, dehydration, sprains, cuts, broken bones and other mild or serious conditions.
Throughout the trip, participants are responsible for their own safety and actions.
By registering for retreats, you acknowledge and understand that EP trips include risks of injury or death to participants. You understand the description above of these risks is not complete and that other unknown or unanticipated risks may result in property loss, injury or death. You agree to assume responsibility for the inherent risks identified herein and those inherent risks not specifically identified. You acknowledge that participation in this activity is purely voluntary, no one is forcing participation and participation is elected with full knowledge of the inherent risks.
You, the trip participant, assume and accept full responsibility for any injury, death, loss of personal property, and expenses suffered as a result of those inherent risks and dangers identified above, and those inherent risks and dangers not specifically identified and as a result of your negligence in participating in this activity.
Release and Waiver of Liability
DECLARATION OF HEALTH. EP makes every effort to provide trips that are ADA Compliant and that meet special requests, but it may not always be possible depending on the retreat. Since special requests are not part of these Terms, EP is not liable for fulfilling these requests, and therefore reserves the right to refuse participants with certain conditions.
By registering for EP retreats, you, the trip participant, represent that you have no physical conditions or medical precautions which would adversely affect your ability to take part in the retreat or other physical or cultural activities offered on EP trips. You fully understand that your participation in the retreat or other activities could be injurious to your health and you voluntarily assume all risks related to such activities.
PERSONAL RELEASE. By registering for an EP retreat and agreeing to the Terms outlined here and elsewhere on EP’s website, you hereby release and discharge your rights and claims for damages or liabilities that may occur as a result of participation on an EP retreat, including but not limited to damages as a result of unexpected occurrences including those from weather, theft, injury, local political situations, wildlife or uncontrollable acts of God, including the risk of death. You also hereby release and discharge your rights and claims for damages or liabilities that may occur as a result of your actions that may result in damage or loss to the property of others on the trip, including but not limited to EP’s Suppliers, partners, public facilities, etc.
You release EP, including its owners, directors, employees, guides, Suppliers, and partners from liability for personal injury, illness, emotional damage, incurred travel expenses or property damage you may incur or cause as a result of participation on this trip.
For the benefit of everyone on your trip, EP reserves the right to accept or reject any participant at any time without liability, and in the event it determines, in its sole and exclusive discretion, that a participant is disruptive to the harmony of the trip, it may without any obligation to pay a refund or any other amount whatsoever, expel such participant from the retreat.
EP is not responsible if you choose to arrive before the retreat begins, depart the trip prior to its conclusion, or participate in any activity not included on the itinerary. Further, EP will not offer any refund for any portion of the trip you decide not to participate or otherwise not attend.
PHOTOGRAPHY/VIDEO RELEASE. By registering for an EP retreat, you give EP permission to take photographs and video (hereinafter, “Content”) and use such Content for any purpose (except pornographic or defamatory) which may include, among others, commercial and promotional uses. EP reserves the right to license the Content to third parties (hereinafter, “Assigns”). While EP will take efforts to not highlight individuals in Content, you agree that the Content may use your likeness and be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. You agree that you have no rights to the Content, and all rights to the Content belong to EP and Assigns.
You acknowledge and agree that you have no right to consideration or accounting, and that you will make no further claim for any reason to EP and/or Assigns. You acknowledge and agree that this release is binding upon EP heirs and Assigns. You agree that this release is irrevocable, worldwide, royalty-free, and perpetual, and will be governed by the laws (excluding the law of conflicts) of the state of Washington.
You represent and warrant that you are at least 21 years of age and have the full legal capacity to execute this release.
Indemnification
By registering for an EP retreat, you agree under the Terms herein that you hold harmless, release and indemnify EP and/or its agents as a result of any injuries (physical or otherwise) and resulting damages (if any) sustained by you as the result of willful misconduct or negligence of third parties.
You agree that you have notified EP and/or its agents of any illnesses, allergies and/or conditions that may cause you illness and/or injury. You acknowledge that EP has made an effort in ascertaining any known illnesses, allergies and/or conditions which may result in illness, injury and/or otherwise contribute to the discomfort of the trip for you.
Modification
EP may, at any time, and at its sole discretion, modify its Terms, including its Terms of Service and Privacy Policy, with or without notice. Any such modification will be effective immediately upon public posting.
Integration and Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
Applicable Law
These Terms shall be governed by, and construed in accordance with, the laws of the State of Washington.
Arbitration
All claims and disputes you may have arising under or relating to the Terms agreed to herein are to be settled by binding arbitration in Washington state within the County of King. The arbitration shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an experienced arbitrator agreed upon by the parties and shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction.
Jurisdiction
Any dispute arising out of or relating to these Terms shall be resolved under the laws of the State of Washington.
By registering for an EP retreat, you confirm you’ve read, understand, and agree to all Terms. If you have any questions, please email adria (at) emeraldpalate (dot) com.