Retreat Agreement

All of the fine print.

This is a legally binding Retreat Agreement (“Agreement”) which governs your (“you” or “your”) relationship with the Company (“us,” “we,” “our”), and is effective as of the date of your signature. In consideration of the promises, and of the mutual covenants and conditions contained herein, the parties agree to the following terms and conditions:

Terms and Conditions

This is a legally binding agreement which governs your relationship with the Company and may limit one or more of your substantial rights. Please read these Terms and Conditions carefully before using any Gather Co. Services.

Use of the Services, including purchasing and/or participating in a Retreat or accessing any materials presented by the Company, is subject to the following Terms. By purchasing or participating in a Company Retreat, accessing Company Materials, checking the box during the checkout process, or using the Site or Service, you agree to these Terms in full, including as they are amended from time to time, and acknowledge reading them.

If you do not understand or do not accept the Terms, please do not purchase this Retreat and do not access any of the Company’s proprietary materials, as doing so constitutes your full acceptance and understanding.

Definitions

“Company”, “we”, “us”, and “our” refer Gather Co.

“Client”, “user,” “you”, and “your” refer to clients, client team members (including employees, contractors and other representatives of client and client’s company) and any other users of the site.

“Materials” includes any content, whether conveyed by written, audio, digital, visual, or other means, containing Company or Retreat proprietary and/or confidential information, including merchandise.

“Retreat” refers to the retreat offered by the Company, including a variety activities offered by the Company.

“Service” or “Services” refer to the services included in the designated Retreat.

“Site” refers to gathercollective.co, as well as any official Company social media account to the extent that the content on such account is from the Company.

“Terms” means these Terms and Conditions as they are amended from time to time.

Company Retreat

PLEASE BE ADVISED: Any other additional services provided by Company to Client beyond the scope of the Retreat now purchased may require additional fees to be discussed and agreed upon by the parties.

REIGN Retreat

Retreat

Company agrees to provide the Retreat for the purposes of personal growth and restoration. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Retreat. Your participation in the Retreat includes:

Optional pre-retreat prep-call and prep-work to get in the mindset in advance of the actual retreat
Itinerary offerings listed on website (subject to change)
Accompanying guide book, worksheets, and accountability tools
Connection with other dynamic women leaders
Access to a heated pool, hot tub, fire pits, hiking trails, Russian River activities, and all that Guerneville has to offer
Cocktail reception on night one
Special closing night dinner
Specially curated swag bag

Special ‘Reigning Queen’ additions:

All meals, snacks, coffee/tea breaks
A premium suite
A premium, specially curated swag bag

Special ‘Sovereign Queen’ additions:

A premium suite
Car service arranged to/from home or airport to retreat site
120-minute spa service of your choice

Gather Co. may alter or substitute non-material details to the Retreat from time to time pursuant to its own discretion.

Payment and Pricing

USD $7500 Sovereign Queen package ($7000 early bird); $5,000 for Reigning Queen package ($4500 early bird); $3000 for Emerging Queen package ($2500 early bird)

You must pay the applicable flat fee set forth above in full at least at the time you enter into this Agreement in order to reserve a space at the Retreat. All ticket sales will be final.

Travel and Other Expenses

Flights, other travel, and all other expenses not outlined in the Retreat program are your responsibility.

Client Responsibilities

You understand that your failure to meet the requirements set forth in this section will likely impair your ability to access, participate, and benefit from the Retreat at no fault of Gather Co.

Proprietary Information. The Retreat and all materials presented therein are proprietary to and the property of Gather Co. or third parties that license such material to Gather Co. All applicable rights in all copyrights, trademarks, trade secrets, trade names, patents, and other intellectual property rights in or associated with the Retreat are and will remain in Gather Co. or its licensors, and you shall have no such intellectual property rights in the Retreat. You may not record, use or reproduce any material in the Retreat without written permission of the owner. You understand all communication in the Retreat may be recorded and may be used for promotional purposes. You authorize us to use your voice, materials, name, photos, screenshots, results or likeness in future promotional or other Retreat materials.

Use of Retreat. You agree that you will use the Retreat only in compliance with standard policies then in effect and all applicable laws and regulations. Although the Company has no obligation to monitor your use of the Retreat, we may do so at any time and without notification to you, and may prohibit any use of the Retreat that we believe may be (or alleged to be) in violation of the foregoing.

General Payment Terms.

Payment Date. All payments will be due at the time you enter into this Agreement.

Financing. In select cases, Gather Co. may offer financing through a third party provider. If you receive financing through such third party, you will be subject to its terms and conditions. Gather Co. will not be liable for any loss or damage to you that arises out of or results from an action by the third party.

Payment Security and Chargebacks. To the extent that you provide Company with Credit Card(s) information for payment on your account, Company shall be authorized to charge your Credit Card(s) for any unpaid charges on the dates set forth. If you use a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. You shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to Company without notifying Company in advance.

Cancellation; and Refunds

NO REFUNDS. Gather Co. will issue NO REFUNDS under any circumstances for your cancellation of the Retreat. You may elect to cease participation in the Retreat; however, please note that if you selected to pay for the Retreat through an installment payment plan, you will remain obligated to pay all remaining unpaid and owed retreat fees in full.

Gather Co. Initiated Cancellation. Gather Co. may cancel the Retreat at any time for any reason by providing written notice to you. In the event that we cancel the Retreat, we will provide a prorated refund of fees to be calculated based on the time left in the Retreat. Notwithstanding our obligation to refund prorated retreat fees in the event of our cancellation of the Retreat, no other partial or full refunds will be given to you for any reason on any date. Neither your cancellation, nor your failure to effectively participate in the Retreat, are grounds for a refund.

PLEASE NOTE THAT GATHER CO.’S CANCELLATION OF THE RETREAT DUE TO UNFORESEEN CIRCUMSTANCES WILL BE HANDLED PURSUANT TO THE FORCE MAJEURE CLAUSE AND NOT PURSUANT TO THIS SECTION. GATHER CO. WILL NOT ISSUE A REFUND FOR A FORCE MAJEURE EVENT.

Photo and Video Release

By participating in the Retreat, You understand that portions of such retreat may be recorded in video and audio and/or captured in still and/or digital photographs by the Company. You agree that the Company and its assigns have the right and permission to use such recordings and photographs for any purpose without further compensation, permission, or notification to You.

COVID safe event practices and waiver of liability

Attendees must be fully vaccinated or have a negative COVID test (taken within 24 hours of the event). In accordance with local regulations, masks are optional. By accepting this invitation, you are confirming that you will only attend the event if you comply with these requirements and that you will not attend the event if you feel unwell or experience any COVID symptoms. Please note that while Gather Co. is putting in place a range of precautions to ensure the health and safety of event attendees, by accepting this invitation, you are confirming that you understand and assume the risk of possible COVID exposure. Further, by attending the event, you assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted. You hereby waive any and all claims and potential claims against Gather Co.

Documentation

We reserve the right to request certain documentation from you prior to the Retreat, including the following:

Emergency contact and medical information.
YOU UNDERSTAND THAT THE COMPANY RESERVES THE RIGHT TO CANCEL YOUR PARTICIPATION IN THE RETREAT IF YOU FAIL TO COMPLY WITH THIS REQUEST.

Retreat Alterations

Company reserves the right to make reasonable alterations to the Retreat. Such alterations may include but are not limited to: replacing activities as necessary to maintain the safety of participants and the integrity of the Retreat experience. You understand that the schedules, itineraries, amenities or element of the Retreat may be subject to alteration without prior notice due to local circumstances, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather, and other unpredictable or unforeseeable circumstances or any other reason whatsoever.

Confidentiality

(a) Your Information: Any of your information and data of a confidential nature, (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing you with the services specified hereunder without your express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of your Confidential Information.

(b) Other Participant Information: You agree to keep confidential any Confidential Information, as defined in Paragraph 9(a), shared by fellow participants in the Retreat (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. You agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the Retreat. Confidential Information shall not include information rightfully obtained from a third party. You will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(c) Company Information: You agree to keep confidential any Confidential Information, as defined in Paragraph 9(a), shared by Company in the Retreat. Any Confidential Information shared by Company, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Company. You agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the Retreat. Confidential Information shall not include information rightfully obtained from a third party. You will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(e) Violations of Confidentiality: You agree that if you violate or display any likelihood of violating this paragraph the Company and/or the other Retreat Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

Independent Contractors

(a) Independent Contractor Relationship: These Terms and Conditions shall not render Company an employee, partner, agent of, or joint venturer with you for any purpose. Company is and will remain an independent contractor in its relationship to you. Company is or remains open to conducting similar tasks or activities for entities other than you and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under these Terms and Conditions. Company and you agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between you and Company.

(b) Taxes & Benefits: Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. You shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against you for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.

Representations and Warranties

(a) Company’s Warranties: Company represents, warrants and covenants that, Company has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, THE COMPANY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.

(b) Your Warranties: You represent, warrant and covenant that you have full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of your obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.

LIMITATION OF LIABILITY

(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND

(b) IN NO EVENT SHALL COMPANY’S LIABILITY TO CLIENT EXCEED THE FEES PAID BY CLIENT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.

(d) CLIENT WAIVES, RELEASES, AND DISCHARGES THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, FROM ANY LIABILITY, INCLUDING BUT NOT LIMITED TO, LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF THE PERSONS RELEASED, FOR ANY DEATH, DISABILITY, ILLNESS, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY LOSS, OR ACTIONS OF ANY KIND WHICH MAY OCCUR TO CLIENT DURING THE RETREAT. CLIENT INDEMNIFIES, HOLDS HARMLESS, AND PROMISES NOT TO SUE THE COMPANY OR RELEASED PERSONS FROM ALL LIABILITIES OR CLAIMS MADE BECAUSE OF PARTICIPATION IN A RETREAT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE.

(e) CLIENT ATTESTS THAT HE OR SHE IS VOLUNTARILY PARTICIPATING IN ALL THE ACTIVITIES WHICH MAY BE INVOLVED IN AND RELATED TO THE RETREAT. CLIENT FURTHER ACKNOWLEDGES THAT THE SERVICES PROVIDED AT THE RETREAT, AS WELL AS CERTAIN OPTIONAL ACTIVITIES OFFERED BY ASSOCIATED VENUES, MAY BE INHERENTLY DANGEROUS OR CARRY SOME INHERENT RISK. THESE ACTIVITIES CAN BE STRENUOUS AND MANY OCCUR IN THE NATURAL ENVIRONMENT AMONG WHICH EXPOSES YOU TO NATURALLY OCCURRING HAZARDS. YOU REPRESENT THAT YOU HAVE SUFFICIENT PHYSICAL STRENGTH, HEALTH ABILITY, AND EXPERIENCE TO PARTICIPATE IN ANY RETREAT ACTIVITY AND WILL NOT PARTICIPATE IN ANY ACTIVITY WHERE YOU DO NOT BELIEVE YOURSELF TO HAVE SUFFICIENT PHYSICAL STRENGTH, HEALTH, ABILITY, AND EXPERIENCE TO SAFELY PARTICIPATE.

YOU UNDERSTAND THAT, WHILE REASONABLE PRECAUTIONS HAVE BEEN TAKEN TO PROMOTE SAFETY, NOT EVERY SITUATION CAN BE CONTROLLED. THEREFORE, YOU EXPRESSLY ASSUME ANY AND ALL OF THE RISKS OF PARTICIPATING IN A RETREAT AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE COMPANY OR ANY PARTY OR ENTITY CONDUCTING A SPECIFIC EVENT OR ACTIVITY ON BEHALF OF COMPANY AND RELEASE THOSE PARTIES FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF YOUR ATTENDANCE AND PARTICIPATION IN A RETREAT. UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE FOR YOUR INJURY, ILLNESS, DEATH, OR ANY LOSS OR DAMAGE TO YOUR PERSONAL BELONGINGS RESULTING FROM YOUR PARTICIPATION IN A RETREAT.

(f) SHOULD YOU REQUIRE EMERGENCY MEDICAL TREATMENT AS A RESULT OF AN ACCIDENT OR ILLNESS ARISING DURING YOUR ATTENDANCE AND PARTICIPATION IN A RETREAT, YOU CONSENT TO SUCH TREATMENT AND AGREE TO BE FINANCIALLY RESPONSIBLE FOR ANY MEDICAL OR LEGAL BILLS THAT MAY BE INCURRED AS A RESULT OF EMERGENCY MEDICAL TREATMENT. YOU AGREE THAT IF YOU HAVE ANY MEDICAL OR PSYCHOLOGICAL CONDITIONS THAT MAY HAMPER YOU FROM FULLY AND HEALTHFULLY PARTICIPATING IN A RETREAT ACTIVITY COMPANY RETAINS THE RIGHT TO ASK THAT YOU NOT PARTICIPATE IN SUCH ACTIVITY AND WILL HAVE NO OBLIGATION TO MAKE AND FULL OR PARTIAL REFUND FOR THE RETREAT.

(g) YOU UNDERSTAND THAT FROM TIME TO TIME, THE COMPANY MAY PARTNER WITH A THIRD PARTY TO PERFORM THE SERVICES AND CONDUCT CERTAIN RETREATS. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO YOU FOR ANY HARM TO YOU OR YOUR PROPERTY AS A RESULT OF THE CONDUCT OF SUCH THIRD-PARTY.

Effect of Headings

The subject headings in these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

These Terms constitute the entire agreement between the parties pertaining to the subject matter contained and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver of these Terms and Conditions shall be construed in a manner which is fair to both parties.

Amendment

We reserve the right to update or amend any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. It is your responsibility to check these Terms periodically for changes.

Assignment

These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under these Terms and Conditions.

Notices

All notices, requests, demands and other communications hereunder shall be in writing and will be deemed given when delivered via e-mail. All such notices will be sent to the e-mail addresses to such other e-mail address as may be specified by either party to the other party in accordance with this Section.

Governing Law; Venue; Mediation

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be Alameda County, California. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by negotiation, which may include going before a certified mediator or the parties are unable to first negotiate a settlement without such assistance. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Force Majeure.

We shall not be liable for any costs or damages due to any delay or nonperformance of an obligation under this Agreement arising out of extraordinary events beyond our control, including acts of God, natural disaster, war, governmental action, outbreak or pandemic, civil unrest, gas, oil, or fuel shortage, or power failure.

I hereby agree with all terms of this Agreement, and authorize charges to my account for the Retreat by Gather Co., beginning the date I sign this Agreement.