RETREAT PARTICIPATION AGREEMENT, RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE AND YOUR RIGHT TO A REFUND. BY SIGNING, YOU GIVE UP CERTAIN LEGAL RIGHTS.
1. Parties
This Agreement is between Midnight Movement Lab LLC, a New York limited liability company (the "Host"), and the person signing below (the "Participant", "you"). References to the Host include Margaret Liu personally, and the Host's members, managers, employees, co-facilitators, independent contractors, agents and volunteers (together with the Host, the "Released Parties").
2. The Program
2.1 The Host is offering a five-day retreat on movement and mindset to be held in and around Cape Town, South Africa, from Feb. 26, 2027 to March 3, 2027 (the "Retreat"). The Retreat includes guided movement and dance sessions, floor and partner work, breath work, meditation, journaling, group discussion and sharing circles, individual reflection exercises and related activities, and may include excursions, meals and free time (together, the "Program"). During the Retreat the group is lodged together at a shared private residence, on the terms in Section 11.
2.2 The Host may change the Program's content, schedule, facilitators, venues or activities for safety, weather, availability or any other reasonable cause, and such changes do not entitle you to a refund.
2.3 You must be at least 18 years old on the Retreat start date. By signing you confirm that you are.
2.4 The Retreat price is US$3,850 per person for a single room or US$2,750 per person for a shared double room (the "Price"). The Price covers the Program, lodging for five nights, listed meals, airport transportation]. It does not cover international or domestic airfare, visas, passports, travel insurance, personal expenses, meals not listed, or anything not expressly stated as included.
3. Payment
3.1 Deposit. A deposit of 50% of the Price, US$1,500 for a single room or US$1,000 for a shared double room (the "Deposit"), is due at the time of booking. Your place is not reserved until the Host has received both the Deposit and this signed Agreement.
3.2 Balance. The remaining 50% of the Price (the "Balance") is due no later than January 20, 2027, which is 36 days before the Retreat start date. If the Balance is not received by that date, the Host may treat your booking as cancelled under Section 4.3 and release your place.
3.3 Payments are made through the Host's online payment form in US dollars. You are responsible for any bank, card or currency-conversion charges on your side.
4. Cancellation, transfers and refunds
4.1 How to cancel. You may cancel your booking only by written notice to the Host at [email protected]. A cancellation takes effect on the day the Host receives it. Illness, injury, family emergency, visa refusal, missed or cancelled flights, work commitments and change of mind are all cancellations for the purposes of this Section, which is why Section 12 recommends that you carry travel insurance.
4.2 Cancellation more than 30 days before the start date. If the Host receives your cancellation more than 30 days before the Retreat start date, the Deposit is non-refundable and is retained by the Host in full. Any Balance already paid is refunded in full within 14 days.
4.3 Cancellation 30 days or fewer before the start date, or failure to attend. If the Host receives your cancellation 30 days or fewer before the Retreat start date, or you do not attend, the Deposit is non-refundable and is retained by the Host in full. Any Balance already paid is refunded; any Balance unpaid is not owed.
4.4 Why the Deposit is non-refundable. You acknowledge that on accepting your booking the Host commits to venue, lodging, facilitator and group-size costs on the strength of it, that a cancelled place is often not resold, particularly inside 30 days of the start date, and that the Host's resulting loss is real and difficult to calculate. You agree that the Deposit is a reasonable estimate of that loss and is retained as liquidated damages, not as a penalty.
4.5 Transfer to another person. Instead of cancelling, you may ask the Host to transfer your place to another person. The Host may approve or decline a transfer at its discretion. A transfer takes effect only when the substitute has signed this Agreement, and your payments are then credited to the substitute.
4.6 Cancellation by the Host. If the Host cancels the Retreat for any reason, including because fewer than 8 participants have booked, or because a government travel restriction, border closure, natural disaster, epidemic, civil unrest or similar event beyond the Host's control makes the Retreat impracticable or unsafe, the Host will refund all amounts you have paid to the Host within 14 days. That refund is your sole remedy. The Host is not responsible for airfare, lodging, insurance, visa or other costs you incurred in connection with the Retreat, which is a further reason Section 12 recommends trip-cancellation insurance.
4.7 No other refunds. Except as stated in this Section 4, no refunds are given, including for late arrival, early departure, missed sessions, or removal under Section 13.
Participant's initials for Section 4 (cancellation and non-refundable Deposit): ________
5. Nature of the Program
5.1 The Program is an educational and experiential retreat. It is not medical care, psychotherapy, counselling, psychological treatment or a substitute for any of them, and nothing in the Program is intended to diagnose, treat or cure any physical or mental condition. The Host and its facilitators are not acting as your physician, therapist or counsellor, and no professional-client relationship of that kind is created.
5.2 The Program involves physical exertion and may involve emotional intensity. Exercises may invite you to move in unfamiliar ways, to work in close proximity with or in physical contact with other participants, to practise breath work, and to speak about personal experiences in a group. You may experience strong emotions, including distress, during or after the Retreat.
5.3 You may sit out or stop any activity at any time, for any reason, without explanation. You are responsible for deciding what you participate in and for stopping when you need to. Facilitators will respect that choice and will never require you to continue.
5.4 If you are under the care of a physician, psychologist, psychiatrist or therapist, you are encouraged to discuss your participation with them before booking.
6. Health and fitness representations
By signing, you represent and warrant to the Host that:
(a) you are in good physical and mental health and have no condition, injury, illness, disability, pregnancy or other circumstance that makes participation in the Program unsafe for you or for others, or you have disclosed every such circumstance in writing to the Host before the Retreat and the Host has confirmed in writing that you may attend;
(b) you have disclosed to the Host any medication you take that may affect your participation, and you will bring and manage your own medication;
(c) you have no history of a psychiatric condition that could be worsened by intensive emotional group work, or you have disclosed it and discussed participation with your treating professional;
(d) you are not currently in crisis, and you agree to tell a facilitator promptly if you experience serious distress during the Retreat;
(e) you will not participate in any activity while under the influence of alcohol or drugs; and
(f) you will complete truthfully the health and emergency-contact form the Host sends before travel.
You agree that the Host is relying on these representations in allowing you to attend and that an undisclosed condition is at your own risk.
7. ASSUMPTION OF RISK
7.1 You understand that participation in the Retreat carries risks that cannot be eliminated regardless of the care taken by the Host. These risks include, without limitation:
muscle strain, sprains, falls, joint and back injury, bruising, exhaustion, dehydration, fainting and cardiovascular events arising from movement, dance, floor work, partner work, stretching and breath work;
injury caused by contact with or the actions of other participants;
emotional and psychological distress, the surfacing of painful memories, anxiety, grief, or the aggravation of an existing mental-health condition, arising from sharing circles, reflection exercises, group dynamics or the Program generally, during the Retreat or after it;
the ordinary risks of international travel, including flight delays and cancellations, loss of belongings, theft, crime, road-traffic accidents, unfamiliar food and water, illness, infectious disease, and limits on the availability, standard and cost of medical care in South Africa;
risks arising from the shared residence where the group is lodged, including stairs, balconies, pools, hot tubs, kitchens and appliances, fire, electrical faults, slippery surfaces, intruders and crime, the conduct of other occupants including at night, loss or theft of your belongings, and interruptions to electricity, water and internet; and risks arising from other venues, vehicles, excursions, swimming, hiking, beaches, wildlife, weather and terrain;
the negligence of other participants, of third-party providers, and of the Released Parties themselves; and
serious injury, permanent disability, psychological harm and death.
7.2 You have read this Section, you understand these risks, you have had the opportunity to ask questions, and you voluntarily choose to participate and to assume all of these risks, known and unknown, whether or not listed above, including the risk of the Released Parties' negligence.
Participant's initials for Section 7 (assumption of risk): ________
8. RELEASE OF LIABILITY AND COVENANT NOT TO SUE
8.1 In exchange for being permitted to participate in the Retreat, to the fullest extent permitted by law, you release, waive, discharge and agree not to sue the Released Parties from and for any and all claims, demands, losses, damages, costs and causes of action of any kind, whether known or unknown, that arise out of or relate in any way to your travel to, participation in, or travel from the Retreat, or to any activity, exercise, sharing, excursion, lodging, transport, meal or free time connected with it, including any bodily injury, illness, psychological or emotional harm, property loss or death, whenever such harm appears, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES.
8.2 This release binds you and your spouse, partner, children, heirs, executors, personal representatives, insurers and anyone else who could claim through you.
8.3 This release does not apply to the extent a claim arises from the gross negligence, recklessness or wilful misconduct of a Released Party, or to any liability that cannot lawfully be released under the governing law chosen in Section 16. If any part of this release is held unenforceable, it applies to the fullest extent that is enforceable.
8.4 You acknowledge that you could have declined to sign this release and chosen not to attend, and that the Host would not have accepted your booking without it.
Participant's initials for Section 8 (release): ________
9. INDEMNITY
9.1 You agree to indemnify, defend and hold harmless the Released Parties from and against any claim, demand, loss, liability, damage, cost or expense, including reasonable attorneys' fees, brought or incurred by any person (including another participant, a third-party provider, a venue owner, or a member of your family) that arises out of or relates to: (a) your acts or omissions during the Retreat, including any injury you cause to another person or damage you cause to property; (b) any breach of your representations in Section 6 or of your obligations under this Agreement; (c) any claim brought by or through you contrary to Section 8; or (d) any damage to the Residence (defined in Section 11), its contents, grounds or neighbouring property, and any claim, fee or charge by its owner, manager, the rental platform or a neighbour, that arises from your conduct or the conduct of anyone you admit to the Residence.
9.2 This indemnity does not require you to indemnify a Released Party for that party's own gross negligence or wilful misconduct.
Participant's initials for Section 9 (indemnity): ________
10. Emergency medical consent
10.1 If you are injured or become ill during the Retreat and are unable to make decisions for yourself, you authorise the Host to obtain emergency medical treatment, transport and evacuation on your behalf, and to share your health form and emergency-contact information with medical providers.
10.2 All medical, hospital, evacuation and repatriation costs are your responsibility. The Host has no obligation to pay them and may seek reimbursement of any it advances. You acknowledge that this is what the insurance recommended by Section 12 is for.
10.3 The Host does not guarantee that medical assistance will be available at any particular time or place, or that any facilitator holds first-aid or medical qualifications.
11. Travel, accommodation and third-party providers
11.1 You are responsible for your own passport, visa, vaccinations, airfare, travel to and from Cape Town, and any travel before or after the Retreat dates. You are responsible for checking entry requirements for South Africa and for complying with them.
11.2 The Residence. Lodging during the Retreat is at a private home in or near Cape Town that the Host has rented for the group from its owner through a short-term rental platform (the "Residence"). The Host does not own, manage, maintain or control the Residence, has no ability to inspect or correct its condition beyond that of any guest, and is not responsible for its condition, its safety features, its security, its utilities, or the acts or omissions of its owner, manager or the rental platform. Any claim about the condition of the Residence is against its owner or the platform, not the Host.
11.3 Shared living. The Residence is shared. You will share the home, and may share a bed, bedroom and bathroom, with other participants. The Host assigns rooms and may change assignments. If you ask on the pre-travel form to share a room with a named participant who has also booked, the Host will accommodate the request where it can. You accept the reduced privacy, noise and sleep disruption of shared living and agree to treat the Residence and everyone in it with care.
11.4 House rules. You agree to comply with the owner's house rules, the rental platform's guest standards, and any rules the Host sets for the Residence, including: no visitors and no overnight guests; no smoking or vaping indoors; no parties or events; quiet hours set by the Host; keeping doors, windows, gates and alarms secured; and no pets. The Host is the booking guest of record and is answerable to the owner and the platform for the conduct of everyone staying at the Residence, so a breach of these rules by you is a breach of this Agreement.
11.5 Damage and fees. You are responsible for any damage to the Residence, its contents, grounds or neighbouring property, and for any extra cleaning, fine or fee, caused by you or by anyone you admit to the Residence, and you will reimburse the Host within 14 days of demand for any amount the owner or the platform charges the Host as a result. Where damage to a shared area cannot be attributed to any one person, the Host will bear the cost.
11.6 Your belongings. You are responsible for securing your own belongings. The Host is not responsible for loss, theft or damage to your money, passport, electronics or other property at the Residence, in vehicles or anywhere else during the Retreat, whether by other occupants, intruders or otherwise. Section 12 asks you to insure them.
11.7 Food and kitchen. Meals at the Residence may be prepared by the Host, by facilitators, by participants or by a caterer. You will disclose food allergies and dietary restrictions on the pre-travel form, and you remain responsible for checking what you eat. Your use of the kitchen and its appliances is at your own risk.
11.8 Unsupervised time. Time at the Residence outside scheduled Program sessions, including nights, is unsupervised and at your own risk. Use of any pool, hot tub, balcony, braai or fire pit, gym equipment or similar feature is at your own risk, and never alone or after drinking.
11.9 Local conditions. You acknowledge that electricity, water and internet in Cape Town may be interrupted without notice, including by scheduled power cuts, and that the Residence's security arrangements may differ from what you are used to. You agree to follow the Host's security guidance for the Residence and the area.
11.10 Check-in and check-out. The Residence is available to you from 2pm on the Retreat start date until 10am on the end date. Any earlier arrival or later stay is your own arrangement and cost.
11.11 Other third-party providers. Where the Host arranges, recommends or books transport, excursions, meals outside the Residence or other services provided by third parties, the Host does so as a courtesy only. Those providers are independent of the Host, are not the Host's agents or employees, and contract with you directly. The Host is not responsible for their acts, omissions, negligence, insolvency or failure to perform, and any claim about their services is against them alone.
11.12 Free time. Activities you undertake during free time, or outside the scheduled Program, are entirely at your own risk and are not part of the Retreat.
12. Insurance
12.1 You are responsible for your own insurance. The Host strongly recommends that you hold, for the full period of your travel, travel medical insurance that covers emergency medical treatment, hospitalisation, emergency evacuation and repatriation in South Africa. The Host does not require proof of cover and does not verify it. If you hold such insurance, give the insurer's name, policy number and emergency telephone number to the Host on the pre-travel form so that they are available in an emergency.
12.2 The Host strongly recommends trip-cancellation and interruption insurance and cover for personal belongings, because Sections 4 and 10 place the cost of a cancellation, a missed flight, an illness or an early departure on you.
12.3 The Host does not insure you, your belongings or your travel, and its own insurance, if any, is for its benefit alone.
13. Participant conduct and removal
13.1 You agree to follow the facilitators' reasonable instructions on safety, to treat other participants, facilitators, venue staff and hosts with respect, to respect each person's right to decline any activity or contact, and to comply with the laws of South Africa.
13.2 The Host may remove you from any activity or from the Retreat, without refund, if in the Host's reasonable judgement your conduct endangers or seriously disrupts the safety, wellbeing or experience of any person, or you breach this Agreement. Removal from the Retreat includes leaving the Residence the same day. Any cost of your early departure, including alternative lodging, is yours.
13.3 Illegal drugs are prohibited. Alcohol, where offered at Retreat meals, is to be consumed responsibly and never before or during a movement session.
14. Confidentiality
What other participants share during the Retreat is personal to them. You agree not to disclose, record, post or repeat anything another participant shares in a session or sharing circle in a way that could identify them, during or after the Retreat. The Host and its facilitators undertake the same towards you, except where disclosure is required by law or where the Host reasonably believes there is a risk of serious harm to you or another person.
15. Photography and recordings
15.1 The Host may photograph and film parts of the Retreat. You consent to the Host using photographs and recordings in which you appear, without payment, in the Host’s promotional and educational materials, website and social media, and you release the Host from any claim arising from that use.
15.2 You will not photograph, film or record any session or sharing circle, or any other participant, without that participant's express permission.
Participant's initials for Section 15: ________
16. Governing law and dispute resolution
16.1 Governing law. This Agreement, and any claim arising out of or relating to it or to the Retreat, is governed by the laws of the State of New York, United States of America, without regard to its conflict-of-laws rules, even though the Retreat takes place in South Africa.
16.2 Negotiation first. Before starting any proceeding, a party must give the other written notice of the dispute, and the parties will try in good faith to resolve it within 30 days.
16.3 Binding arbitration. Any dispute not resolved under Section 16.2 will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, seated in Brooklyn, New York, with hearings conducted by video unless the arbitrator orders otherwise. The Federal Arbitration Act governs this Section. The Host will pay any filing fee that exceeds the fee you would pay to file in the state courts of New York. Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small-claims court if it qualifies.
16.4 No class actions. YOU AND THE HOST EACH AGREE THAT ANY CLAIM WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. If this Section 16.4 is held unenforceable for a particular claim, that claim will proceed in the courts under Section 16.5 rather than in arbitration.
16.5 Courts. For any matter not subject to arbitration, the state and federal courts located in Brooklyn, New York have exclusive jurisdiction, and you consent to their personal jurisdiction and to that venue.
16.6 Fees. In any proceeding to enforce Sections 8 or 9, the prevailing party may recover its reasonable attorneys' fees and costs.
17. General terms
17.1 Entire agreement. This Agreement, together with the booking confirmation and the pre-travel health form, is the entire agreement between you and the Host about the Retreat. It replaces any brochure, website text, email or conversation. No facilitator or other person may vary it orally.
17.2 Severability. If any provision is held invalid or unenforceable, it is to be enforced to the maximum extent permitted and the remainder of the Agreement stays in full effect. The release in Section 8, the indemnity in Section 9 and the cancellation terms in Section 4 are each independent of the others.
17.3 Survival. Sections 4, 7, 8, 9, 10, 14, 15, 16 and 17 survive the end of the Retreat, any cancellation, and any termination of this Agreement.
17.4 Amendments. Changes are effective only if in writing and signed by the Host and you. Electronic signatures and electronic copies of this Agreement are as effective as originals.
17.5 No waiver. The Host's failure to enforce any term is not a waiver of it.
17.6 Assignment. You may not assign this Agreement except by an approved transfer under Section 4.5. The Host may assign it to a successor entity.
17.7 Notices. Notices to the Host go to [email protected]. Notices to you go to the email address you give below.
17.8 Language and interpretation. Headings are for convenience. "Including" means "including without limitation". This Agreement is in English and you confirm you read English fluently or have had it explained to you.
18. Acknowledgement and signature
I HAVE READ THIS ENTIRE AGREEMENT. I UNDERSTAND THAT BY SIGNING I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR ORDINARY NEGLIGENCE AND THE RIGHT TO A REFUND OF MY DEPOSIT IF I CANCEL AT ANY TIME OR DO NOT ATTEND. I UNDERSTAND THAT THE RETREAT IS NOT THERAPY OR MEDICAL CARE. I HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS AND TO CONSULT A LAWYER. I AM AT LEAST 18 YEARS OLD. I SIGN THIS AGREEMENT VOLUNTARILY AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE TO THE FULLEST EXTENT PERMITTED BY LAW.
Participant full legal name: ______________________________
Signature: ______________________________ Date: ______________
Email: ______________________________ Phone: ______________
Home address: ______________________________
Emergency contact (name, relationship, phone): ______________________________
Accepted by the Host:
Midnight Movement Lab LLC
By: ______________________________ Name: Margaret Liu Title: [Member / Manager]
Date: ______________