2025 Retreat Agreement
This Retreat Agreement, hereinafter referred to as "Agreement," is made between Founders' Weekend, a limited liability company, organized under the laws of the state of New York (“Organizer”) and you, as a user of this website and guest of the retreat ("Guest").
Your attendance at the Retreat, as defined below, is subject to each of the terms and conditions contained within this Agreemente. By clicking "Purchase," "Confirm," "Attend," or undertaking any other affirmative action manifesting your intent to attend to Retreat, including providing the Organizer with credit card or billing information to be charged for attendance at the Retreat, you acknowledge and agree that you are entering into a legally binding agreement with the Organizer.
YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO ATTEND ANY OF ORGANIZER'S RETREATS.
Organizer and Guests may be referred to individually as "Party" and collectively as the "Parties."
Article 1 - RETREAT TERMS:
The details of the Retreat are as follows:
Name of Retreat: Founders' Weekend 2024 (the "Retreat")
Type of Retreat: Leisure Retreat
Accommodation Type: Hotel
Departure Date: 05/16/2024
Return Date: 05/19/2024
Location: Dunskey Estate, Portpatrick, Scotland, DG98TJ
Additional details regarding the Retreat, such as included meals and amenities, transportation, etc., if applicable, will also be included on a page shown to you prior to full purchase or provided to you through emails and additional communications prior to the Retreat. Any such page is hereby incorporated by reference and shall be considered part and parcel of this Agreement.
Article 2 - ADDITIONAL ITEMS:
You are solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as domestic identification, as well as any required and applicable immunizations or other required documentation for the locations being visited. Organizer is not liable or responsible for any Guest being denied entry or exit to or from any location.
Article 3 - TRAVELER RESPONSIBILITY:
Organizer is not responsible or liable for any loss, damage, expense, cost, or any other travel issue.
Article 4 - CANCELLATIONS:
As noted above, Organizer reserves the right to cancel if Total Fees are not received by the following amount of time prior to the departure date of the Retreat: 90 days. If such a cancelation is undertaken, you are not entitled to receive your money back or any other fees paid to that date.
Organizer may also cancel the Retreat for any reason, unrelated to an individual Guest, in the Organizer's sole and exclusive discretion. If Organizer cancels for any commercial reason, all Guests are entitled to receive back any and all monies paid to the Organizer. However, Organizer shall not be responsible for any additional fees paid by Guest to any third parties, such as travel companies, airfare, etc.
If Guests wish to cancel, written notice of such cancellation must be sent to Organizer via email. As noted above, in the event of Guest cancellation, no fees will be returned.
Article 5 - MEDIA RELEASE:
You acknowledge and agree that before and during the Retreat, you may be subject to photographs, video, sound recordings, or other media captures of your face, name, voice, or likeness. In consideration for your participation in the Retreat, you hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitization, and/or re-release of the Released Media, as defined below, by the Organizer, as well as any employees, affiliates, associates, representatives, or agents (collectively referred to as the "Release Receiver") for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.
The Released Media will include, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, and all other media currently known or hereinafter developed, captured of you or your likeness before and during the Retreat by the Release Receiver.
You hereby release the Release Receiver from any and all claims and demands arising out of or in connection with any use of the Released Media, including, without limitation, claims for privacy violations, right of publicity claims, defamation and/or any other intellectual property rights. You claim no ownership of the Released Media and forego any opportunity, whether past or present, to copyright or trademark the Released Media.
You give consent to the use of this Released Media while knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not make known to any party in any medium my known or previously known location, email or physical address, or any other contact details, such as phone number.
Article 6 - GENERAL ASSUMPTION OF RISK:
You agree and understand that your participation in the Retreat may involve risks. These risks may lead to tangible or intangible harm.
It is your responsibility to familiarize yourself with all possible risks involved in participation in the Retreat. You agree that 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.
YOU ACKNOWLEDGE THAT YOUR DECISION TO ATTEND THE RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED ABOVE AND THAT YOU ARE ATTENDING OF YOUR OWN WILL AND VOLITION. YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT. IN NO EVENT WILL ORGANIZER BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.
Article 7 - USE:
Guest agrees not to use the Website or Retreat for any unlawful purpose or any purpose prohibited under this clause. Guest agrees not to undertake any action which may damage the Organizer in any way.
Guest further agrees not to use the Website or Retreat:
(a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
(b) To violate any intellectual property rights of the Organizer or any third party;
(c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
(d) To perpetrate any fraud;
(e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
(f) To publish or distribute any obscene or defamatory material;
(g) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
(h) To unlawfully gather information about others.
Article 8 - RELEASE OF LIABILITY:
Guest hereby releases Organizer, as well as any of Organizer's affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Guest's dispute with any other Guest.
Article 9 - TERMINATION:
This Retreat Agreement shall continue until canceled as specified above by either Party or until the Guest attends and completes the Retreat. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 10 - INTELLECTUAL PROPERTY:
Guest acknowledges and agrees that the Organizer's name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organizer or its affiliates, licensors, or suppliers.
Guest acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Organizer and its affiliates, licensors, and suppliers.
Guest expressly agrees not to do anything inconsistent with Organizer's ownership of all of the intellectual property discussed herein. Guest further agrees that there are no rights, title, or interest in or to any of the Organizer's Intellectual property. In addition, Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Organizer or any third party.
Article 11 - RESTRICTIONS:
Guest is prohibited from selling or reselling Guest's space in the Retreat, unless Guest has specifically executed a written agreement with Organizer that expressly allows for such activity.
Article 12 - INDEMNIFICATION:
Guest agrees to defend and indemnify Organizer and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Guest's use or misuse of the Website, Guest's attendance at the Retreat, Guest's breach of this Agreement, or Guest's conduct or actions. Guest agrees that Organizer shall be able to select its own legal counsel and may participate in its own defense, if so desired.
Article 13 - REPRESENTATION:
Guest agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement or that they have their parent or guardian consenting for them to attend the Retreat.
Article 14 - SEVERABILITY:
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
Article 15 - DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of New York. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organizer will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Article 16 - GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of New York without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Kings County.
Article 17 - HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.