THE UNBOUND WRITER COACHING PROGRAM & RETREAT

TERMS & CONDITIONS

WAIVER AND RELEASE OF LIABILITY

RETREAT INFORMATION: 

Name of Retreat: The Gentle Novelist

Dates of Retreats: May 2-4, 2024 & September 26-28, 2024 (T&C and waivers apply to each retreat)

Location of Retreat: Boulder, Colorado

Accommodations Included: Unless otherwise noted, Accommodations are the responsibility of the Attendee and are not included in the Payment.

Total Payment: $2,400 (hereinafter referred to as the “Payment”)

This Retreat Contract (hereinafter referred to as the “Contract”) for participation in The Unbound Writer Coaching Program & Retreat (hereinafter referred to as the “Retreat”) releases Ravenwing, LLC (hereinafter known as the “Company”) a Limited Liability Company (LLC), organized and existing under the laws of the State of Colorado and each of its successors, assigns, administrators, contractors, subcontractors, directors, agents, officers, trustees, employees, staff, volunteers, other participants, advertisers and owners or lessors of the premises on which the Retreat occurs, as stated below.

Prospective Attendee (hereinafter referred to as the “Attendee”) wishes to attend the Retreat and hereby agrees to the terms as stated herein.  Together, the Company and the Attendee are collectively referred to herein as the “Parties”.

The Parties hereby agree as follows:

RETREAT DESCRIPTION

The Retreat includes:

Two and half days of instruction, daily collaborative writing and feedback segments, and three guest-speaker presentations. Days 1 & 2 will run approximately 9am-4pm with a one-hour lunch break, and Day 3 will run 9am-1pm, followed by a provided lunch.

  • Coffee/tea/water/soft drinks along with snacks available throughout each day.
  • A 30-minute personal coaching session by me during the retreat.
  • Two, one-hour coaching and mentoring sessions provided by me post-retreat (good for up to six months).
  • Gift bag presented at Day 3 lunch.

The Retreat does not include:

  • Airfare
  • Lodging (unless otherwise noted)
  • Transportation
  • Meals unless otherwise specified

PAYMENT

The payment for the Retreat is $2,400, unless otherwise specified on the Retreat website (carterwilson.com/gentle-novelist) The Attendee shall pay a deposit of $1,200 (hereinafter referred to as the “Deposit”) via credit card to secure and reserve a spot in the Retreat. The Deposit is subject to the terms of cancellation in Section 7 herein.

WAIVER AND RELEASE

By attending, traveling to/from, and/or participating in the Retreat in any way, the Attendee agrees to release, forgive, and forever discharge the Company, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, injuries, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

The Company is not responsible or liable in any way for any and all damages you receive directly or indirectly from your travel to/from the Retreat and/or your attendance and/or participation at or in the Retreat. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for the Retreat. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

ASSUMPTION OF THE RISK

The Attendee agrees and understands that their attendance, participation in, and/or travel to/from, the Retreat may involve risks. These risks may lead to tangible or intangible harm.

It is solely the Attendee’s responsibility to familiarize themself with all possible risks associated with participation in the Retreat. The Attendee agrees that the Company is not liable, to the fullest extent possible by law, for any harm that the Attendee may experience due to the Attendee’s participation in, or travel to/from, the Retreat.

THE ATTENDEE ACKNOWLEDGES THAT THEIR DECISION TO ATTEND THE RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED HEREIN. THE ATTENDEE IS ATTENDING THE RETREAT OUT OF THEIR OWN VOLITION. THE ATTENDEE AGREES TO BE THE SOLE RESPONSIBLE PARTY AND ASSUMES ALL RISK ASSOCIATED WITH ATTENDING AND/OR TRAVELING TO/FROM THE RETREAT. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES OR LIABILITIES ARISING FROM OR IN CONNECTION WITH/TO THE ATTENDEE’S RETREAT PARTICIPATION OR ATTENDANCE.

INDEMNIFICATION, DEFENSE, & HOLD HARMLESS 

The Attendee agrees to indemnify and hold harmless the Company, its affiliates, officers, directors,  agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Attendee, other Attendees, retreat venue, and/or the Company.

DISCLAIMER

The Attendee understands that the Company is a writing coach.

The Attendee understands that the Company is not an attorney, therapist, publicist, financial advisor, and/or accountant, or any other licensed or registered professional. The Company and Attendee’s work together is not a substitute for professional financial, business, or legal advice.  The Company and Attendee’s work together may address, among other things, goals, priorities, identifying resources, brainstorming, action plans, strategy, and planning. The Attendee understands that the Company does not guarantee any outcome, income revenue, and/or profit from the Parties’ work together.

Further, the Company has not promised, nor shall s/he be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in their life.

CANCELLATION + REFUND POLICY 

The Company reserves its right to cancel the Retreat for any reason. If the Company cancels the Retreat for any reason, the Attendees are entitled to a refund of the Payment made to the Company for services not yet rendered. However, the Company shall not be responsible for any additional fees paid by the Attendee to third parties, such as airlines, travel companies, etc.

A 50% deposit is due upon registration, which secures Attendee’s place in the retreat. The remaining 50% non-refundable deposit is due 30 days prior to the first day of the retreat.

If Attendee needs to cancel the reservation for any reason, the following applies:

  • The 50% deposit is fully refundable (less any processing fees) until 90 days prior to the first day of the Retreat.
  • Between 90 and 45 days prior to the first day of the Retreat, the deposit is subject to a $500 cancellation fee.
  • Between 45 and 30 days prior to the first day of the Retreat, the deposit is subject to a $750 cancellation fee
  • Within 30 days prior to the first day of the Retreat (at which time the remaining balance is collected), Company is unable to provide any refund or credit. At this point, Attendee is able to donate the space to a writer who wouldn’t have otherwise been able to afford it, or seek a replacement.

ACCOMMODATIONS

Accommodations are your responsibility except where otherwise noted. A limited amount of space is available to retreat participants for an additional fee within the retreat location. The home is a short-term rental, and any retreat participant residing in the rental is subject to the terms and conditions set forth by the homeowner and rental company. This includes no parties, no unapproved guests, no pets, and no smoking. Please ask Carter for detailed terms and conditions of the retreat site.

ARBITRATION

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Colorado. The arbitration hearing shall be held in the state of Colorado. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in the Contract shall be awarded. The sole remedy for the Attendee shall be a refund of any amount paid to the Company.

SEVERABILITY

The provisions of the Contract shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of the Contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Contract as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

WAIVER

The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed  a waiver of any further right pursuant to the Contract.

NO ASSIGNMENT

The Attendee’s Retreat spot may not be assigned or sold to anyone other than the Attendee without the advance express, written consent of the Company. Should the Attendee need to transfer their Retreat spot for any reason, please e-mail me@carterwilson.com first to see if there are any waitlist spots available. The Company does not guarantee in any way that the Attendee’s spot will be able to be filled prior to the Retreat. The Attendee will not receive a refund if their spot is not filled and if payment by the substitute is not completed.

FORCE MAJEURE

In the event that any circumstances beyond or not within the reasonable control of the Parties, including, but not limited to: an act of God (such as, but not limited to, fire, explosion, earthquake, flood, tsunami, drought, tidal waves, hurricanes, etc.), hostilities, war, invasion, curtailment or interruption of transport, threats or acts of terrorism, State Department travel advisory or warning, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Contract, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such circumstances.

NO GUARANTEES, WARRANTIES OR REPRESENTATIONS

The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Attendee’s experience, performance, results, income, revenue, or success with regards to attending the Retreat. The Attendee understands that due to the nature of the Retreat, the results experienced by each Attendee may vary. The Company does not make any guarantees other than that the Retreat shall be provided to the Attendee in accordance with the terms of the Contract as stated herein.

APPLICABLE LAW + VENUE

This Contract shall be governed by the laws of the state of Colorado. Any action brought by any party arising out of or from these Terms shall be brought within the Colorado, County of Boulder.

ENTIRE AGREEMENT & HEADINGS

The Contract contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.

The headings of Sections in the Contract are provided for convenience only and shall not affect its interpretation or enforceability.

PHOTOGRAPH AND IMAGE RELEASE

The Attendee grants the Company the right, title and interest to any and all recordings (by audio, video or both) and/or photographs taken of the Attendee, their likeness, and/or voice in connection with the Attendee’s participation in the Retreat for the purposes of promoting and marketing the Retreat across social media, advertisements, the Company’s website, and to the Company’s future attendees. The Attendee will not receive any compensation for use of their likeness, testimonial, or image.