FORAGE RETREAT

TERMS & CONDITIONS

The Terms of Purchase are between you, the purchaser, and the purchaser’s guests (together “you” or “the Participant”) and Alex Cole Studio and Meghan Marsh King (MMK Creative). In consideration of the consent of Alex Cole Studio and Meghan Marsh King to provide you with services, you agree to the following terms and conditions of purchase. If you do not agree to these terms, please do not purchase a ticket.

Refunds and Cancellations

Due to the nature of the event, no refunds or credits will be given if the Participant is unable to attend. However, registration can be transferred to a new guest. If you have someone in mind, connect with alex@alexcolestudio.com with the new guest’s information at least 24 hours prior to the event. Transferring funds for your registration is your responsibility.

In the case of an event being postponed due to circumstances beyond our control, Alex Cole Studio and MMK Creative will reschedule said event and all purchases will be honored for the rescheduled future event date. No monetary refunds will be issued. If a guest is unable to attend the rescheduled event, Alex Cole Studio will issue a credit for the original purchase amount, for the guest to use towards any item on the alexcolestudio.com website.

Retreat Weather

Most of the retreat will be held outdoors under canopy or sun shade. Much like our creative impulses, all events proceed rain or shine. In the event of rain, the Forage team will arrange for shelter. Absent an evacuation situation, under no circumstances will a Participant be entitled to a refund or additional financial accommodations due to poor weather conditions.

Personal Items

We are not liable for lost or stolen property of retreat Participants. If the Participant misplaces an item, Alex Cole Studio and MMK Creative will do our best to get it back to the Participant.

Limited License

Alex Cole Studio and MMK Creative reserves the right to refuse admission to or eject any Participant whose conduct is deemed to be not in line with our retreat practices (disorderly or disrespectful), or any Participant who fails to comply with the terms and conditions herein.

Media License

Please note there will be a photographer, respectfully capturing the magic of this inaugural retreat. The Participant consents to Alex Cole Studio and MMK Creative commercial, journalistic, and internal use of any media image, audio or visual, taken by, on behalf of, or for the use of Alex Cole Studio or MMK Creative during your participation in the event.

Assumption of Risk

By purchasing an event ticket, the Participant chooses to voluntarily participate with the full knowledge that the activity may be hazardous to your person or property, as well as the person and property of others. By participating in the event, the Participant represents and warrants that s/he knows of no medical or physical reason why s/he should not participate in the activities.

Release and Waiver

YOU ASSUME ALL RISK AND DANGER INCIDENTAL TO THE EVENT WHETHER OCCURRING PRIOR TO, DURING, OR AFTER SAID EVENT. EACH PARTICIPANT KNOWINGLY AND VOLUNTARILY RELEASES, WAIVES, DISCHARGES AND RELINQUISHES ALEX COLE STUDIO & MEGHAN MARSH KING (MMK CREATIVE) OFFICERS, MANAGERS, AGENTS, AND EMPLOYEES (COLLECTIVELY “THE RELEASEES”) FROM ANY AND ALL LIABILITY, CLAIMS AND DEMANDS, INJURIES (INCLUDING DEATH), ILLNESS, PROPERTY LOSS OR DAMAGES INCLUDING LEGAL FEES, COSTS, MEDICAL EXPENSES AND EXPENSES OF ANY KIND OR NATURE WHICH ARISE FROM OR RELATE TO PARTICIPANT’S TIME AND ACTIVITIES AT THE EVENT AS A RESULT OF THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF RELEASEES.

Limitation of Liability

ALEX COLE STUDIO AND MEGHAN MARSH KING (MMK CREATIVE) SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless ALEX COLE STUDIO + MMK CREATIVE from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney’s fees arising from any loss, injury or other damage resulting from your negligence or act resulting in harm to another guest attending the event.

Jurisdiction

You agree to submit to the exclusive jurisdiction of any state or federal court located in the County of Sonoma, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Arbitration

The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference. In the event that the dispute, claim or controversy is not resolved through negotiation all claims and disputes are to be settled by binding arbitration in the State of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.