Art Fuel Studio, LLC

Terms & Conditions

Before purchasing this art Retreat or any of the services offered by Art Fuel Studio LLC, please read this agreement thoroughly.  This agreement contains important terms and conditions regarding the Retreat and related services offered by Art Fuel Studio LLC that you are purchasing including, but not limited to, Art Fuel Studio LLC’s rights to postpone, cancel or alter the Retreat, our payment, cancellation and refund policies, limitation of liability, and other important disclaimers.

AGREEMENT

The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you, the Retreat participant (“Participant” or “you,” “your,” “Traveler,” or “Guest”) and Art Fuel Studio LLC (“Company” or “Art Fuel Studio” or “our,” “we,” or “us”) with respect to the Retreat and any and all bookings, trips, transactions, tours or other arrangements made with the Company.  By making a booking, you accept all of the terms in this agreement. All Travelers must be 18 years of age or older. The Company is not responsible for expenses incurred by Participants in preparing for a trip (e.g., nonrefundable advance purchase air tickets, supplies, travel insurance, etc.) or for any additional arrangements pre- or post-departure date and not included as part of the Retreat. This section applies whether the Retreat is altered, modified, or cancelled by us or by you for any reason.

PRICING, INCLUSIONS & EXCLUSIONS

All Retreat prices are in U.S. dollars based on occupancy (single, double or triple) and include the program specified in the itinerary, meals, accommodations, and any guided activities offered. Prices do not include airfare, transportation to and from the retreat, travel insurance, documents required for travel, alcoholic beverages, tips for staff, additional excursions, travel before or after retreat and/or any personal purchases.

RETREAT & ROOM RESERVATIONS

Retreat reservations can only be made through our website.  All rooms are on a first come, first serve basis.  Each Retreat offers different accommodations so please review each offering carefully before booking.  We will do our best to accommodate roommate requests so please indicate your preference on the form we will send you once your booking has been confirmed.  Rooms/roommates will otherwise be assigned randomly as received.  If during the retreat you are not happy with your rooming situation, you will be responsible for making alternative arrangements at your own expense. 

PAYMENT & CANCELLATION POLICY

To reserve a spot in our Retreat, a nonrefundable deposit of $500 U.S. dollars and acceptance of our Terms & Conditions is required.  The remaining balance of your Retreat fee will be divided in half and the first half payment will be billed 30 days after your initial deposit, and the second half payment will be billed 60 days after the initial deposit unless otherwise stated on our website. If you sign up 120 days or less prior to the beginning of the Retreat, the fee will be due in full upon sign up.

If you need to cancel, please send us an email (info@artfuelstudio.com). We will do our best to find a replacement for you; however, the Company has no duty to find a replacement and a replacement is not guaranteed.  If we are able to find a replacement, your total payments for the Retreat will be refunded, less your $500 U.S. dollar deposit, once the person replacing you has paid in full.  If your spot is not filled prior to the Retreat, you will be responsible for the full payment of the Retreat.  We recommend doing research regarding the mandatory travel insurance required and consider the “Cancel For Any Reason” plan when you book your Retreat. The Company reserves the right to refuse, cancel or block any reservation for any reason at its sole discretion.

PARTICIPANT RISK + RESPONSIBILITY

The Company acts only as an intermediary for the various independent suppliers that provide lodging, meals, space, transportation, activities or other goods and services connected with your Retreat (“Supplier” or “Suppliers”). You acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed by the Company, and are not agents or employees of the Company. A Supplier’s services are subject to the Supplier’s own terms and conditions and the local laws and regulations of the relevant jurisdiction.

TRAVEL INSURANCE

You acknowledge that travel insurance coverage is not included in the cost of any trip offered by the Company, and you are required to obtain separate coverage at an additional cost. It is mandatory that all Participants provide proof of purchase prior to the Retreat travel date. Travel insurance must cover personal injury, medical treatment, repatriation, and evacuation expenses, including helicopter rescue and air ambulance internationally. It is recommended that travel insurance also address personal property and trip cancellation coverage. Trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should the Retreat be cancelled for any reason, whether voluntarily by you or as a result of the Company’s actions.  You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the Retreat itinerary, and ensuring that there are no exclusion clauses (e.g., air delays due to mechanical issues) that would limit the coverage that you might reasonably need. If you have current health insurance coverage, check your insurance policy to see if it provides the coverage described above while traveling outside your country. It is your responsibility to verify your insurance policy details with your insurance provider to ensure the Company’s requirements are satisfied.

PRE-DEPARTURE DOCUMENTATION

It is important that you carefully read all trip-related documents that you receive from us by email as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within thirty (30) days of your receipt of those documents.

PASSPORTS AND VISAS

You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire trip. Valid passports are required for travel to most destinations. Please check with the appropriate consulate or embassy for the latest entry requirements. Your passport must not expire within 6 months prior to your departure date.  You assume complete and full responsibility for, and hereby release the Company from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. Any information provided to you is merely provided as a courtesy and it is your sole responsibility to ensure you have met all travel requirements for your destination. The Company is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired Traveler documents. In the event that you must cancel, delay or reschedule your trip due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to attend the retreat, please refer to our cancellation terms listed in this document.

HEALTH REQUIREMENTS AND MEDICAL CARE

Some Retreats could potentially include physical active, with varying levels of demands and fitness requirements. By making a booking, you represent that you do not have any physical or other conditions that would create a hazard for you or other Participants or affect other people’s enjoyment of the trip. We reserve the right in our sole discretion to accept, decline, or remove anyone from a trip (at departure or during the trip) who we judge to be incapable of meeting the trip’s physical demands. In the event any medical care is administered to you during the trip, the Company assumes no responsibility for any such medical care provided to you. You are solely responsible for any and all costs of medical care and related transportation, if any, that are provided to you during the trip. The Company does not tolerate drug use of any kind during our trips and strongly encourages responsible alcohol consumption. This policy is in place for your safety and those traveling with you.  The Company reserves the right, at your sole expense, to deny participation in an activity or in the remainder of any trip itinerary if you illegally use drugs, or misuse alcohol or other banned substances during a trip. We want you to have fun and encourage you to take advantage of the local culture, but the Company emphasizes safety as a top priority.

COVID

Individuals will be responsible for ensuring they are able to travel to the destination selected. You may be requested to provide proof of vaccination upon arrival. Countries have various Covid-19 related entry requirements including but not limited to: providing proof you are fully vaccinated, taking a test before entry and after entry etc. You should be prepared to meet all necessary entry requirements. This may also include wearing masks in all public settings. Company will not be responsible for refunding any lost trip funds if you have to miss your scheduled trip as you cannot meet the requirements provided by Company or the country you are visiting.

INTELLECTUAL PROPERTY RIGHTS 

The Company retains all ownership rights to the materials and lessons provided and taught to you through your participation in the Retreat. Any copyrighted and original materials and lessons shall be provided to you for your individual use only and with a single-user license. You are not authorized to share, copy, distribute, or otherwise disseminate any materials or lessons received at or in relation to the Retreat electronically, verbally or otherwise without the Company’s prior written consent. All intellectual property, including the copyrighted or proprietary Retreat materials and lessons, vendors used for the retreat, retreat and lesson descriptions, retreat model and language, shall remain the Company’s sole property and no license to teach, sell, re-use or distribute any materials is granted or implied. You agree not to reproduce, teach, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Retreat content, including any of the Retreat materials, Retreat website, Retreat schedule, Retreat vendors and any of the Retreat lessons.

MEDIA RELEASE

By participating in the Retreat, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your name, identity, voice and/or likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you in connection with your participation in the Retreat (“Media”) in our current or future retreats, programs, products or services, and/or our marketing or promotional efforts, without any additional permission or compensation to you at any time, now or at any time in the future. You also agree that you give the Company the full right to edit, give, transfer, and exhibit the Media however the Company sees fit. You agree to waive the right to inspect or approve any edited, unfinished, or finished Media, and you hereby hold harmless, release and forever discharge the Company from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other person acting on your behalf have, may have, or could have now or in the future by reason of this authorization, including any reasonable expectations of privacy or confidentiality with respect to the Media.

COMPLAINT PROCEDURE

If you have a complaint during your Retreat, you must promptly notify the Company so that they can attempt to remedy the situation.  While we strive to provide you with a comfortable and enjoyable Retreat, your notice to the Company or its suppliers of a complaint does not mean that we will accept liability or responsibility, and we will evaluate each complaint as it arises. Further, if you attempt to address the problem on your own without using this notice procedure, you assume responsibility for any added costs you may incur and forfeit any potential remedy. If you are not satisfied after using this notice procedure, you must submit your complaint in writing to Company within fourteen (14) days of the trip’s end date. However, Company and its suppliers will not accept any liability for claims received after the fourteen-day period.  

NOTICE

All correspondence or notice required regarding the Retreat or this Agreement shall be made to us at info@artfuelstudio.com and to you at the e-mail address provided by you at the time of sign up. Should your e-mail address or contact information change at any time throughout the course of the Retreat, it is your responsibility to provide your new contact information to us within 72 hours of any such change.

UPDATING OF TERMS AND CONDITIONS

The Company reserves the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these terms and conditions.

FORCE MAJEURE

The Company will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond the reasonable control of the Company, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, infection, government intervention or act of government, communication disruption, weather conditions, and unforeseen circumstances. In the rare event that the Company is forced to postpone a Retreat for a Force Majeure event, the Company will provide 100% of your paid fees as a credit to use for a future Retreat. You will have the option to travel on your rescheduled Retreat date or transfer 100% of your booking amount towards another Retreat.

LIABILITY AND LIMITATION OF LIABILITY

You agree to defend, indemnify and hold harmless the Company and all of its owners, members, officers, directors, employees, agents, affiliates and their respective successors and assigns (“Company Indemnified Parties”) from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to: 1) Your breach of this Agreement or the documents referenced herein; 2) Your violation of any law, rule, regulation or guideline; 3) Your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy; 4) Your use of this Website; 5) Your booking or use of any services obtained through this website or generally from the Company; or 6) Your negligence or willful misconduct. In no event shall Company Indemnified Parties’ total liability under this agreement exceed the amount paid by Participant. You agree that the Company Indemnified Parties will not be liable to you, your family, dependents or heirs, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for your participation in or reliance on the Retreat, or for your own personal emergencies, legal situations, illness, personal injury, theft or loss of belongings or luggage, at any time now or in the future. You agree that the Company Indemnified Parties do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental diseases, allergies, sensitivities, conditions or issues, or any other type of loss or damage due to any act, default or omission by the Company Indemnified Parties.

APPLICABLE LAW

The Contract and these Terms and Conditions are subject to the laws of California and you both agree that, in the event of any litigation between the parties, the jurisdiction will be applicable court of Marin County, California, and nowhere else for the resolution of any dispute under these terms or concerning any retreat, product or service. However, should a dispute arise between us, we agree now that we will submit to final and binding arbitration before a single arbitrator, selected by Company, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must submit your complaint to Company via email with full details about your dissatisfaction. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within six (6) months of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including social media, designed to disparage Company Indemnified Parties.

ENTIRE AGREEMENT, ASSIGNMENT, SURVIVABILITY AND WAIVER

This Agreement contains our entire agreement. This Agreement may be modified or amended at any time if the amendment is made in writing and is signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else. The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement. In the event that any part of this Agreement is deemed invalid or unenforceable, it shall not affect the validity or enforceability of any of the remaining portions of the Agreement which shall be severed and remain in full force.