Retreat Agreement

MoFlo Retreat Agreement and Terms of Service – September 2025

This Retreat Agreement, hereinafter referred to as “Agreement,” is made between the Organizer (“the Organizer”), specifically as follows:

Pacifica Blue Pty, Ltd., a limited liability company, organized under the laws of the Republic of South Africa, having its principal place of business at the following address:

17 Gloucester Rd., Lakeside, Cape Town RSA 7945

Website Address: www.kellywainwright.com

Email: kellywilderwainwright@gmail.com

Cell Phone: +1 (510) 846-2170

Whatsapp: +1 (510) 846-2170

and you, as a User of this website and guest of the retreat (“Guest”).

Your attendance at the Retreat, as defined below, is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By clicking “Purchase,” “Confirm,” “Attend,” or undertaking any other affirmative action manifesting your intent to attend to Retreat, including providing the Organizer with credit card or billing information to be charged for attendance at the Retreat, you acknowledge and agree that you are entering into a legally binding agreement with the Organizer.

YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO ATTEND ANY OF THE ORGANIZER’S RETREATS.

The Organizer and Guests may be referred to individually as “Party” and collectively as the “Parties.”

Article 1 – RETREAT TERMS:

The details of the Retreat are as follows:

Name of Retreat: MoFlo Retreat – Baja

Type of Retreat: MoFlo & Surf Retreat

Accommodation: El Campo

Start Date: 11/11/2026

End Date: 11/15/2026

Location: 23310 El Pescadero, Baja California Sur, Mexico

Payment Terms:

Early Bird Registrants (Deposit paid on or before Jan 15, 2026)

Non-Refundable Deposit: Secures your spot at the Early Bird rate. Paid by Jan 15, 2026.
50% of Remaining Balance: Due March 1, 2026.
Final Balance: Due May 1, 2026.
Total Payment: Full retreat cost must be completed by May 1, 2026.

Note: If any Early Bird payment deadlines are missed, the Early Bird rate is forfeited and your registration will automatically convert to the Regular rate schedule.

Regular Registrants (Deposit paid after Jan 15, 2026)

Non-Refundable Deposit: Secures your spot at the regular rate. Paid anytime after Jan 15, 2026.
50% of Remaining Balance: Due June 1, 2026.
Final Balance: Due Aug 1, 2026.
Total Payment: Full retreat cost must be completed by Aug 1, 2026.

Late Deposits: If a deposit is made after the scheduled first installment date (e.g., in June), 50% of the remaining balance is due immediately, with the final balance still required by Aug 1, 2026.

General Payment Policies

All Deposits and payments are non-refundable, unless you find someone to fill your spot.
Payments can be made via the individual invoice link provided to you.
Early Bird discounts, Bring-a-Buddy discounts, Pay-in-Full discounts, and Referral Rewards are applied according to the published policies:
- Early Bird: ~9% off if deposit is received by Jan 15.
- Bring-a-Buddy: $150 off per person if two friends register together.
- Pay in Full: Additional 5% off if full payment is made upfront.
- Referral Reward: $100 cash back if you refer a new guest who registers and attends. (Not combinable with Bring-a-Buddy.)

Accommodation Options:

Double Room:
- Includes Two Double Beds
- Room is shared
- Per Person Pricing Shared
Triple Room:
- Three Single Beds
- Room is shared
- Per Person Pricing Shared
King Room:
- One King Bed Shared or Single
- Per Person Person Pricing Shared
- Buddy Discount Applies if Shared ($300 Discount)

All Accommodation Options include a sink, ceiling fans, a/c, cotton towels and robes.

Article 2 – CONFIRMATION:

In order to purchase the Retreat package, the following steps must be taken by the Guest:

In order to complete the Retreat package purchase, the Guest must contact the Organizer individually via the Organizer’s email: kellywilderwainwright@gmail.com

Any documents or files which are exchanged between the Guest and the Organizer are hereby incorporated by reference into this Agreement.

At the conclusion of these steps, the Guest will receive a confirmation email which will outline the details to complete the registration. If the Guest does not receive a confirmation email within five (5) days of completing their registration, please contact the Organizer again via email.

The Organizer may request the provision of additional information, such as identification and travel information and/or additional forms and questionnaires. The Guest hereby consents to receive all such correspondence related to the Retreat, including the itinerary, other marketing materials, instructions and any other information deemed necessary.

Please be advised the itinerary is subject to change and may be modified by the Organizer at any time. The Guest hereby acknowledges and agrees that the Organizer has a right to do so for any reason, including, but not limited to weather, third-party vendors or providers, and any local circumstances which the Organizer deems unfit for travel.

Article 3 – PAYMENT:

At the time of booking the Retreat, the Guest must provide a deposit equal to 25% of the Total Fees payable (“Deposit”).

The Deposit is nonrefundable. If the Guest cancels their spot in the Retreat, for any reason the Guest will not be entitled to any refund of the Deposit.

If the Retreat is booked by the Guest on or after August 1, 2026, the Total Fees for the Retreat are due at the time of booking.

The entirety of the Total Fees must be paid prior to August 1, 2026.

If the Total Fees are not received by the Organizer by August 1, 2026, the Guest’s booking may be canceled without prior notice to the Guest. The Guest’s Deposit and all other portions of the Total Fees paid or any other payments made to the Organizer are non-refundable unless the Guest or the Organizer can find a replacement Guest for equal value, that the Organizer exclusively approves of, by August 1, 2026. If no replacement is found then the Organizer will have full rights to retain all Deposits and and portion of the Total Fees paid and any other payments received.

The Organizer retains the right to demand and collect the remainder of the Total Fees due from the Guest if any portion of the Total Fees are outstanding and not paid, even if the Guest is unable to attend for any reason whatsoever.

Article 4 – ADDITIONAL ITEMS:

The Guest is solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as passports, as well as any required and applicable travel visas, immunizations, or other required documentation for the locations being visited. The Organizer is not liable or responsible for any Guest being denied entry or exit to or from any location or country.

Article 5 – TRAVEL INSURANCE:

All Guests are strongly encouraged to purchase and maintain travel insurance during the entire length of the Retreat (including through the departure/return dates). Guests 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 and any repatriation to their home country..

The Organizer is not responsible or liable and is fully indemnified against any all loss, damage, expense, cost, or any other travel issue. Guests who fail to purchase travel insurance do so at their own risk.

Article 6 – CANCELLATIONS:

The Organizer reserves the right to cancel the Guests booking if the Total Fees are not received by August 1, 2026. If such a cancellation is undertaken, the Guest is not entitled to receive their Deposit back or any portion of the Total Fees paid.

The Organizer may also cancel the Retreat for any reason, unrelated to any individual Guest, in the Organizer’s sole and exclusive discretion. If the Organizer cancels for any commercial reason, all Guests are entitled to receive back and any and all monies paid to the Organizer. However, the Organizer shall not be responsible for any additional fees paid by the Guest to any third parties, such as travel companies, airfare, etc.

The Organizer is not liable for any failures to perform delivery of this event beyond its control. This covers but it is not limited to: natural disasters, war, ‘acts of God’, epidemics, closure of airports, civil strife, terrorism, governmental actions, accidents or failure to perform by third parties, and other force majeure events. The Organizer accepts no responsibility for delay or cancellation of any flights, buses or other forms of transport. In the event of failure to perform delivery of this program caused by natural disasters, war, ‘acts of God’, epidemics, closure of airports, civil strife, governmental actions, accidents or failure to perform by third parties, and other force majeure events, you may be offered credit toward a future event but you are not entitled to a refund of Deposits or any portion of the Total Fees paid to the Organizer.

If Guests wish to cancel, written notice of such cancellation must be sent to the Organizer via email to kellywilderwainwright@gmail.com.

Article 7 – MEDIA RELEASE:

The Guest acknowledges and agrees that before and during the Retreat, the Guest may be subject to photographs, video, sound recordings, or other media captures of the Guest’s face, name, voice, or likeness. In consideration for the Guest’s participation in the Retreat, they hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitization, and/or re-release of the Released Media, as defined below, by the Organizer, as well as any employees, affiliates, associates, representatives, or agents (collectively referred to as the “Release Receiver”) for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.

The Released Media will include, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, and all other media currently known or hereinafter developed, captured of the Guest or the Guest’s likeness before and during the Retreat by the Release Receiver.

The Guest hereby releases the Release Receiver from any and all claims and demands arising out of or in connection with any use of the Released Media, including, without limitation, claims for privacy violations, right of publicity claims, defamation and/or any other intellectual property rights. The Guest claims no ownership of the Released Media and forgoes any opportunity, whether past or present, to copyright or trademark the Released Media.

The Guest gives consent to the use of this Released Media while knowing and understanding that their first name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not make known to any party in any medium the Guest’s known or previously known location, email or physical address, or any other contact details, such as phone number.

Article 8 – VOLUNTARY PHYSICAL PARTICIPATION:

The Guest hereby acknowledges and agrees that the Guest will voluntarily be participating in certain physical activities (“Physical Activities”) on the Retreat. The Physical Activities may include, but are not limited to: walking, yoga, fitness activities, dancing, surfing and or other types of strenuous physical activities.

The Guest understands and is aware that their participation in the Physical Activities involves risks. These risks may lead to tangible or intangible harm, and the Guest agrees that they may result not only from the Guest’s own actions but also from the actions of others, including other Guests, the Organizer and any third party. With the knowledge and understanding of these risks, the Guest chooses, of their own will and volition, to continue participating in the Physical Activities.

The Guest also acknowledges and agrees that there are risks that they may not have considered, yet the Guest waives their right to any claims that may occur from these unconsidered risks and choose, of the Guest’s own will and volition, to participate in the Physical Activities.

The Guest acknowledges and agrees that by attending the Retreat the Guest consents to waive certain legal rights, including the right to sue the Organizer, and, if applicable, its owners, employees, agents, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to the Guest during their participation in any of the Physical Activities undertaken while under their instruction or thereafter.

Article 9 – HEALTH ELIGIBILITY:

The Guest’s participation in the Retreat indicates their acknowledgment and agreement with, as well as their warranty of, the following statements:

(a) It is my responsibility to consult a physician before participating in this or any Retreat to ensure my eligibility for strenuous Physical Activity and I affirm that I have no medical conditions that would restrict me from participating in any of the Physical Activities.

(b) I agree to hold the Organizer, and if applicable, its employees, owners, agents, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Retreat. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.

(d) I agree and verify that I have given all of the information to the Organizer and its representatives prior to attending the Retreat and that it is accurate, up-to-date, and without the omission of any known medical issues.

(e) I agree and verify that if I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold the Organizer harmless against and and all liability for any damages that may occur to myself or to others because of my actions or inactions.

(f) I agree to keep the Organizer apprised of any changes or upcoming changes concerning my physical health and personal information.

(g) I understand and agree that it is my responsibility to let the Organizer know if I find myself in any pain or discomfort before, after, or during the Retreat.

(h) If I do require medical treatment or attention while or after participating in the Retreat, I agree that the medical costs are mine and mine alone and hold the Organizer blameless from any charges, fees, or costs that my conditions may incur.

(i) I specifically acknowledge and agree that these clauses are not intended to be a general release, which would be limited under some state and local laws.

Article 10 – GENERAL ASSUMPTION OF RISK:

The Guest agrees and understands that their participation in the Retreat may involve risks. These risks may lead to tangible or intangible harm. Additional risks, such as those risks involved in being in another country, a country where medical services are not available, or a country with an unsteady political, cultural, or geographical climate, may also be present.

It is the Guests responsibility to familiarize themselves with all possible risks involved in participation in the Retreat. The Guest agrees that the Organizer is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Retreat.

THE GUEST ACKNOWLEDGES THAT THEIR DECISION TO ATTEND THE RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED ABOVE AND THAT THEY ARE ATTENDING OF THEIR OWN WILL AND VOLITION. THEY AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT. IN NO EVENT WILL THE ORGANIZER BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.

Article 11 – USE:

The Guest agrees not to use the website or Retreat for any unlawful purpose or any purpose prohibited under this clause. The Guest agrees not to undertake any action which may damage the Organizer in any way.

Guest further agrees not to use the Website or Retreat:

(a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

(b) To violate any intellectual property rights of the Organizer or any third party;

(d) To perpetrate any fraud;

(e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

(f) To publish or distribute any obscene or defamatory material;

(g) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

(h) To unlawfully gather information about others.

Article 12 – RELEASE OF LIABILITY:

The Guest hereby releases the Organizer, as well as any of the Organizer’s affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal actions.

Article 13 – TERMINATION:

This Agreement shall continue until canceled as specified above by either Party or until the Guest attends and completes the Retreat. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.

Article 14 – INTELLECTUAL PROPERTY:

The Guest acknowledges and agrees that the Organizer’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organizer or its affiliates, licensors, or suppliers.

The Guest acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of the Organizer and its affiliates, licensors, and suppliers.

The Guest expressly agrees not to do anything inconsistent with the Organizer’s ownership of all of the intellectual property discussed herein. Guest further agrees that there are no rights, title, or interest in or to any of the Organizer’s Intellectual property. In addition, Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of the Organizer or any third party.

Article 15 – RESTRICTIONS:

The Guest is prohibited from selling or reselling the Guest’s booking in the Retreat, unless the Guest has specifically executed a written agreement with the Organizer that expressly allows for such activity.

Article 16 – INDEMNIFICATION:

The Guest agrees to defend and indemnify the Organizer and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including attorney’s fees, which may arise from or relate to the Guest’s use or misuse of the website, the Guest’s attendance at the Retreat, the Guest’s breach of this Agreement, or the Guest’s conduct or actions. The Guest agrees that the Organizer shall be able to select its own legal counsel and may participate in its own defense, if so desired.

Article 17 – REPRESENTATION:

The Guest agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement.

Article 18 – SEVERABILITY:

If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

Article 19 – DISPUTE RESOLUTION:

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organizer will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

Article 20 – GOVERNING LAW:

This Agreement shall be governed by and construed in accordance with the internal laws of the Republic of South Africa without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the courts located in the City of Cape Town, South Africa.

Article 21 – HEADINGS:

Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.

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