Last updated: December 8, 2022
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.riannahijlkema.com/retreats website operated by Chasing Excellence, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
First and foremost, our retreats (the “Retreat”) are dedicated to providing a harassment-free experience for everyone. “Harassment” includes, but is not limited to offensive verbal comments related to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion, technology choices, sexual images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. We do not tolerate harassment of Retreat participants in any form, including at talks, workshops, parties, on Instagram and other online media, by any party, including Retreat partners. Participants asked to stop any harassing behavior are expected to comply immediately. Participants violating these rules may be sanctioned or expelled from the Retreat without a refund at the discretion of the Retreat organizers. If you are harassed, notice that someone else is being harassed, or have any other concerns, please contact a member of retreat staff immediately. Retreat staff will be happy to help participants contact hotel/venue security or local law enforcement, provide escorts, or otherwise assist those experiencing harassment to feel safe for the duration of the experience. We value your attendance.
Please plan accordingly and do your research in preparing for the Retreat. You, the Participant, are solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as a valid passport or other domestic identification, as well as any required and applicable immunizations or other required documentation for the international location of the Retreat. We are not liable or responsible if you are denied entry or exit to or from the international location where the Retreat will be held based on a lack of adequate documentation or immunizations.
All participants are strongly encouraged to purchase and maintain travel insurance during the entire length of the Retreat (including through their return date). Participants that choose to purchase coverage are individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should ideally include, but not be limited to: illness, injury, property damage, loss of personal items, death, cancellation, and any other potential losses, damages, expenses, and/or liabilities. Chasing Excellence LLC is not responsible or liable for any loss, damage, expense, cost, or any other travel issue.
You understand and agree that Chasing Excellence LLC is authorised to use and publish (with or without name) photographs, pictures, portraits or images in any and all forms and media, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form on CDs or internet websites), for any product or services, or other lawful uses as may be determined by Chasing Excellence, LLC. If you do not want to be in any of the photos or videos, that is fine, but you must inform us in advance. If interested, you may receive free images and videos from Chasing Excellence LLC for your personal use and as memories of the event/retreat.
All Participants are responsible for their own travel costs to and from the Retreat. Participants will have all meals provided to them during the planned programming, starting after reception on the first day through the final meal. Should Participant have any dietary restrictions that need accommodation, Participant is required to share said dietary restrictions with the Company Chasing Excellence LLC six (6) weeks of the start date of the Retreat. You understand that, should Participant delay in sharing any dietary restrictions with Chasing Excellence LLC past this six (6) week period, the Company cannot guarantee that their dietary restrictions will be accommodated. The Company and any chefs or caterers participating in Retreat shall not be held liable for any illness or allergic reaction to any food items provided during the Retreat.
CONSUMPTION OF ALCOHOL: Alcohol may be available for consumption at the Retreat. You understand and confirm that alcohol consumption shall be at your own discretion, risk and liability, and that you will be required to produce government-issued photo identification prior to being served any alcohol. You understand that Chasing Excellence LLC reserves the right to excuse you from the Retreat if you become inebriated and misbehave or have the potential to cause harm to yourself or any other person or persons. If you are excused from the Retreat pursuant to this section, it shall be without any sort of refund or reimbursement by Chasing Excellence LLC. You hereby assume all risk involved with the consumption of alcohol and unconditionally hold Chasing Excellence LLC harmless.
Your participation in the Retreat indicates your acknowledgment and agreement with, as well as warranty of, the following statements:
It is Participant’s responsibility to consult a physician before participating in this Retreat to ensure eligibility for strenuous physical activity and Participant affirms that they have no medical conditions that would restrict Participant from participating in physical activities.
Participant agrees that if they experience any medical issues while attending the Retreat, they will contact their doctor immediately.
Participant understands and agrees that it is their responsibility to let Chasing Excellence LLC know if Participant finds themselves in any pain or discomfort before, after, or during the Retreat.
Participant agrees to keep Chasing Excellence LLC apprised of any changes or upcoming changes concerning Participant’s physical health and/or personal information.
Participant agrees and verifies that all of the information that Participant has given Chasing Excellence LLC and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
Participant agrees and verifies that if Participant has omitted any necessary personal information, whether knowingly or unknowingly, Participant will hold Chasing Excellence, LLC harmless against all liability for any damages that may occur to Participant or to others because of Participant’s actions or inactions.
If Participant does require medical treatment or attention while or after participating in the Retreat, Participant authorizes Chasing Excellence LLC to provide to Participant, through medical personnel of Chasing Excellence LLC’s choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Chasing Excellence LLC to provide such assistance, transportation, or services. Participant agrees that they alone are responsible for the payment of any medical costs and agrees to hold Chasing Excellence LLC blameless from any charges, fees, or costs that Participant’s conditions may incur. PARTICIPANT ACKNOWLEDGES THAT ANY INJURIES THAT THEY MAY SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL.
Participant understands and agrees that Chasing Excellence LLC shall attempt to reach the Emergency Contact listed above should Participant require medical attention or treatment, but in the event Chasing Excellence LLC cannot reach that contact and authorizes medical treatment, in no way shall Chasing Excellence LLC be liable for any harm that may arise from the lack of contact or any medical treatment authorized without input from the Emergency Contact.
Participant specifically acknowledges and agrees that these clauses are not intended to be a general release, which would be limited under some state and local laws.
You acknowledge and understand that during the Retreat, you may be exposed to a variety of liabilities and risks, foreseen or unforeseen, which are inherent in outdoor activities and retreats. Additionally, you acknowledge that the international location of the Retreat may be a location where the political, health, cultural and geographical attributes present additional inherent risks greater than those present in Participant’s daily life. These inherent risks include, but are not limited to, negative treatment by foreign third parties unaffiliated with Chasing Excellence LLC, as well as the dangers of serious personal injury, death and property damage resulting from, but not limited to: physical exercise and exertion; physical contact with other participants or third parties; falling or tripping due to environmental hazards, uneven surfaces, or debris; other health hazards associated with physical activity and outdoor events; injury or death resulting from exposure to unfavorable weather conditions; and hazards related to catering, including but not limited to food sickness, allergic reactions, choking (collectively the “Injuries and Damages”). You further acknowledge and understand that these Injuries and Damages cannot be entirely eliminated. You fully understand and agree that Chasing Excellence LLC has not tried to contradict or minimize your understanding of these risks. You understand that Injuries and Damages can occur by natural causes or activities of other persons, environmental circumstances, staff of Chasing Excellence LLC or other third parties, either as a result of negligence or because of other reasons. You understand that third parties cannot necessarily be controlled, and that Participant’s safety, physical health, or emotional wellbeing cannot be guaranteed while participating in the Retreat and related activities
WAIVER OF LIABILITY FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE:
In acknowledging the foregoing ASSUMPTION OF THE RISK section, YOU CONFIRM YOUR UNDERSTANDING OF THE FOLLOWING: To the fullest extent allowed by law, you agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY, AND HOLD HARMLESS THE COMPANY and its parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents and employees (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, any your death or personal injury relating to your participation in the Retreat, even if caused by NEGLIGENCE of the Released Parties; Such negligence could involve negligent assessment of the Retreat’s feasibility in a given area and/or location. You understand and intend that the assumption of risk and release is binding upon your heirs, executors, administrators and assignors. This waiver and release is intended to be as broad and inclusive as is permitted by law.
WAIVER OF UNKNOWN CLAIMS: Participant has read Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Participant understands that Section 1542 allows that Participant not to release existing claims of which the Participant is presently unaware, unless the Participant voluntarily chooses to waive this right. Having been so apprised, Participant nevertheless hereby voluntarily elects to, and does, waive the rights described in Section 1542, and elects to assume all rights for claims that now exist in the Participant’s favor, known or unknown, for the subject of this Agreement.
Participant shall defend indemnify and hold harmless Chasing Excellence LLC, including affiliates and each of their respective officers, directors, shareholders, employees, representatives, agents, successors and assigns from and against all claims of third parties, and all associated losses, to the extent arising out of (a) Chasing Excellence LLC’s gross negligence or willful misconduct in performing any of its obligations under this Agreement, or (b) a material breach by Chasing Excellence LLC of any of its representations, warranties, covenants or obligations under this Agreement.
You may not sell, assign, or transfer any of its rights or obligations hereunder, and any attempt to sell, assign, or transfer such rights or obligations without the Company’s prior written approval will be null and void. All terms and conditions in this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective permitted transferees, successors, and assigns.
It is your responsibility to read and understand our cancellation policy before making a reservation.
Naturally, no one books with the intention of cancelling or postponing their retreat, but unexpected things do happen, so please purchase travel cancellation insurance once you have made your reservation.
CANCELLATION POLICY
The cancellation policy below is designed to protect both retreat leaders and all retreat attendees (prospective and current).
CANCELLATION | Initiated by Participant
Please note that there will be no refunds or discounts for arriving late, leaving early, flight cancellations, travel delays or illness. If you cancel your participation in the retreat for any reason, the cancellation policy below will apply, with no exceptions.
We wish we could compensate people for unforeseen circumstances, but we have incurred expenses that once paid we cannot refund. We strongly encourage you to purchase travel insurance if you have concerns.
CANCELLATION POLICY
Before 120 days of your retreat date you can request a full refund, minus $500 non-refundable deposit.
ONLY if we are able to reassign your spot to another participant will you be eligible to receive a refund:
Within 90-119 days of your retreat date, you will receive a 65% refund of the amount paid minus deposit.
Within 60-89 days of your retreat date, you will receive a 50% refund of the amount paid minus deposit.
Within 30-59 days of your retreat date, you will receive a 25% refund of the amount paid minus deposit.
Within 1-29 days of your retreat date there will be no refunds of the amount paid.
To cancel, you must send an email stating that you wish to cancel to: hello@riannahijlkema.com
CANCELLATION | Initiated by retreat leaders
While we have never cancelled a retreat to date, if Chasing Excellence LLC must cancel a retreat for any reason, you may transfer your full retreat payment to another retreat, or you may request a refund of your payment to us, constituting a full settlement.
Chasing Excellence LLC is not responsible for your expenses incurred in preparation for any cancelled retreat, such as airline tickets, loss of work, and/or other costs associated with preparing for your trip. Again, if you have any concerns please purchase travel insurance.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Chasing Excellence, LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Chasing Excellence, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Chasing Excellence, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Chasing Excellence, LLC.
Chasing Excellence, LL is authorised to use and publish (with or without name) photographs, pictures, portraits or images in any and all forms and media, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form on CDs or internet websites), for any product or services, or other lawful uses as may be determined by Chasing Excellence, LLC. If you do not want to be in any of the photos or videos, that is fine, but you must inform us in advance. If it is agreed on the event/retreat page, you may receive free images and videos from Chasing Excellence, LLC for your personal use and as memories of the event/retreat.
Our Service may contain links to third party web sites or services that are not owned or controlled by Chasing Excellence, LLC
Chasing Excellence, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Chasing Excellence, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
In no event shall Chasing Excellence, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
All walking & hiking retreats involve physical movement that at times can be strenuous, and when not practiced mindfully can put you at risk of injury. Participants are responsible for their own well-being and will not exceed their own limits that may put others or themself in danger. Participants acknowledge that they must consult a doctor before hiking if they have any medical condition. Participants understand that in order for Chasing Excellence LLC to serve them better and not put them at risk of injury, that they will disclose any injuries/ conditions before the hike. Participants waive and release any claim that they may have at any time for injury or any sort against Chasing Excellence, LLC or any person or entity in any way involved therewith, including without limitations its principals, teachers, employees, and representatives.
Chasing Excellence, LLC is not responsible for any personal property, any lost or stolen items, or personal injury/death while traveling to and from or while on the walking & hiking retreats. Participants purchase their own traveler’s insurance and waive any responsibility of Chasing Excellence, LLC or Rianna Hijlkema to cover any travel expenses in the event that the flights are canceled or rescheduled due to reasons by the airlines. Participants are expected to be covered by health insurance, have taken the appropriate actions to care for their own health, and/or have traveler’s insurance and waive any responsibility of Chasing Excellence, LLC or Rianna Hijlkema in the case that they need to receive professional help before, during or after the retreat.
Chasing Excellence LLC represents and warrants that Chasing Excellence LLC has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable federal, state, and local laws, ordinances and regulations. Chasing Excellence LLC further represents and warrants that to the best of Chasing Excellence LLC knowledge, the Retreat hosted by Chasing Excellence LLC and Chasing Excellence LLC’s subcontractors does not infringe the rights of any party, and will not violate the rights of any third parties. Participant represents and warrants that Participant has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable federal, state, and local laws, ordinances and regulations.
This Agreement will constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the Parties with respect to the subject matter of this Agreement. The Agreement may be executed in counterparts, each of which will be an original, and all of which together will constitute one and the same document. No modification of these Terms will be binding unless in writing and signed by both Parties. If any provision herein is held to be unenforceable, the remaining provisions will remain in full force and effect. All rights and remedies hereunder are cumulative.
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. Any failure by Chasing Excellence LLC to require Participant’s performance of any provision in this Agreement shall not affect Chasing Excellence LLC Participant’s rights at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. All rights and remedies hereunder are cumulative.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Chasing Excellence, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Wyoming, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms and Conditions, please contact us:
· By email: hello@riannahijlkema.com
· By visiting this page on our website: https://www.riannahijlkema.com/terms-conditions-retreats