TERMS OF SERVICE

It is your responsibility to fully understand the terms and conditions for the retreat. Please read carefully what is and is not included in your retreat package and view all encompassing on the website. Should you have questions regarding the terms and conditions, we are available for consultation and would be happy to clarify any areas in advance of signing a contract with us. The “Hosts”, include anyone who is collaborating with Aprendi LLC, DBA Mamacitas, including TFE, volunteers, and sponsors.

1. Retreat Pricing

All prices are per person and are set well in advance of the retreat start date. Prices include retreat costs, meals where specified; they do not include travel costs to and from the retreat for Full Day Option or if guests choses to travel independently.

2. Retreat Payment

Payment can be made by credit card via the website in full.

3. Strict Cancellation Policy

If you wish to cancel your retreat you must notify MamaCitas (“The Host”) via email at info@mamacitaslife.com. There are no refunds 14 days prior to scheduled retreat. Exceptions to our cancellation policy cannot be made for ANY reason, including weather, terrorism, civil unrest, health changes, personal emergencies or otherwise. There is no refund for arriving late or leaving a trip early.

6. Retreat Cancellations

The Host reserves the right to make any changes deemed necessary; including, but not limited to: advertised excursions, arranged transportation, advertised meals, etc. In the rare case of a Retreat cancellation, The Host will offer a transfer to another retreat (if possible) or a full refund of your payment. The Host is not responsible for any expenses or damages incurred as a result of retreat cancellation including preparation costs, airline tickets, travel documents or other expenses. The Host reserves the right to cancel any retreat prior to departure in the event that there are too few people booked, in which case you will be given a full refund of any and all payments made to The Host. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).

7. Roommate Assignments

Retreat rates are per person. Double occupancy or otherwise advertised shared rooms require shared occupancy for the specified room rate. If you book a shared room without specified roommate(s), we will do our very best to match you with your desired room type and price point. In the event we can’t find you a roommate for your first pick, we will present you with different rooming options. 

ACKNOWLEDGEMENT

8. Assumption of Risk

I acknowledge that I have voluntarily enrolled to participate in this retreat. In consideration of The Hosts allowing me to participate, I agree to this release of claims, waiver of liability and assumption of risks. On behalf of myself, my heirs, executors, successors, administrators and any other person who may have an interest at common law or by operation of statute, I hereby waive any and all claims I or such parties may have now or in the future. I release from liability The Hosts and any teachers, employees, guides, agents or representatives (“the releasees”) for any personal injury, death, property damage or loss or any nature suffered by me as a result of participation in any activity on the retreat. I release from liability The Hosts for any cause whatsoever including those arising out of, or in any way connected to or occasioned by the negligence of the releasees.

PHYSICAL TRAINING RELEASE OF LIABILITY

9. Express Assumption of Risk

I, the undersigned, am aware that there are significant risks involved in physical training, including but not limited to, the physical training inherent to all movement, yoga or zumba, dance exercise activities, and that my participation in any such physical training program carries with it the potential for death, injury, and/or property damage. The risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; those risks caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration. These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participating, volunteering or watching in any physical training, including this yoga program. I realize that liability may arise from negligence or carelessness by the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.

I acknowledge that I am willingly participating in these activities and that I have assumed all risks as described above. In consideration for my being allowed to participate in the activities offered, I, the undersigned hereby release The Hosts, their principals, teachers, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

Indemnification: The participant recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The Host and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training.

MEDIA

10. Permission for Capture and Use

Media is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable consideration received, I grant to The Hosts the absolute and irrevocable right and unrestricted permission concerning any captured media that she/he has taken or may take of me, my artwork, likeness, or in which I may be included with others, to use, reuse, publish, and republish in whole or in part, individually or in connection with other material, in any and all publishing platforms now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if she/he so chooses. I release and discharge The Hosts from any and all claims and demands that may arise out of or in connection with the use of the media, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer, Videographer, Interviewer, Editor, as well as the person(s) for whom he/she captured the media. I am a legally competent adult and have the right to contract in my own name. I have read this document and fully understand its contents. This release shall be binding upon me and my heirs, legal representatives, and assigns.

WAIVER

11. Release and Waiver of Liability

I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue or attach the property of The Hosts, their affiliates, teachers, employees, agents or volunteers or any of their affiliated organizations for injury or damage resulting from acts, howsoever caused, by any employee, agent, or contractor, or any of their affiliated organizations, as a result of my participation in The Hosts’s retreats. I hereby release The Hosts, and any of their agents or affiliated organizations from all actions, claims or demands that I, my assigns, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury, damage, or death resulting from my participation in The Hosts’s retreat and/or including during travel to and from retreat and its planned activities.

I am medically, physically, emotionally and in all respects fit and able to participate in The Hosts’s retreats.

I agree I will be fully and financially responsible for my own physical condition and well-being during the retreat and will follow the safety precautions and instructions prescribed by The Hosts.

I acknowledge that The Hosts may make suggestions from time to time that are intended to help me and my well-being. However I take ultimate responsibility for my choices and realize that The Hosts are not licensed medical providers and that I must consult my doctor.

If I experience pain or discomfort during the retreat, I will modify The Hosts’s instruction to suit my individual needs. I will not hold The Hosts responsible for any pain or discomfort I experience during or after the retreat. I understand that the activities offered on this retreat are not a substitute for medical care. I understand that The Hosts are not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or any mental illness.

12. KSM Activities WAIVER AND RELEASE OF LIABILITY FORM

By signing this form, I acknowledge and agree to the following: I hereby waive, release, and discharge KSM Wellness /KSM Enterprise LLC (“the Company”), its owners, employees, contractors, agents, and affiliates from any and all present and future claims, liabilities, demands, actions, or causes of action arising out of or related to any injury, disability, death, or property damage that may occur as a result of my participation in any fitness classes, training sessions, or related activities (“the Activity”).

I understand and agree that this waiver releases the Company from any liability, whether caused by ordinary negligence or otherwise, except in cases of gross negligence or willful misconduct as recognized under Arizona law. I agree not to bring any claims or legal actions against the Company for any such injuries or damages.

Assumption of Risk; I acknowledge that participation in the Activity involves inherent risks, including but not limited to personal injury, psychological distress, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I voluntarily assume all risks associated with the Activity, including those that may result from the actions, omissions, or negligence of the Company, its employees, or third parties, including but not limited to emergency response or rescue operations.

NOTWITHSTANDING THE RISK, I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THIS ACTIVITY WITH A FULL UNDERSTANDING OF THE DANGER INVOLVED AND AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

Photo & Media Release ; I grant KSM Wellness / KSM Enterprise LLC and its affiliates the irrevocable and unrestricted right to use, reproduce, and distribute any photographs, images, videos, sound recordings, or likenesses of me taken during fitness classes, events, or promotional activities for marketing, promotional, or informational purposes. I understand that these materials may be used in various media, including but not limited to websites, social media, brochures, and advertisements.

I release and discharge KSM Wellness / KSM Enterprise LLC from any and all claims or demands arising out of or in connection with the use of these materials. Acknowledgment & Consent By signing below, I confirm that I have read and fully understand this Waiver and Release of Liability. I voluntarily agree to its terms and acknowledge that I am giving up certain legal rights.

I AGREE…

By agreeing to the terms outlined here and elsewhere on the The Hosts’s website I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation on a The Hosts’s retreat.

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules.