RELEASE OF LIABILITY AND ASSUMPTION OF ALL RISKS

Spirit of Art Retreat – Gatlinburg, TN; September 7-11, 2024;
Jancy Pettit/Spirit of Art, LLC

PLEASE READ CAREFULLY: THIS IS A LEGALLY ENFORCEABLE WAIVER OF RIGHTS
ASSUMPTION OF RISKS
I acknowledge that I have voluntarily applied to participate in the retreat designated above. I am voluntarily participating in the retreat with knowledge that travel involves numerous risks and dangers including, but not limited to, a risk of illness, injury or death, which may be caused by: forces of nature, civil unrest, terrorism, road conditions, injuries inflicted by animals, insects, reptiles or plants, trails, hotels, vehicles, boats or other means of conveyance; high altitude accident, accident or illness without access to means of rapid evacuation or the availability of medical supplies; and the lack of adequacy of medical attention once provided. I assume the risk of negligence on the part of SPIRIT OF ART, LLC, JANCY PETTIT, their affiliated organizations and their employees, teachers, volunteers or other agencies in connection with said retreat.

RELEASE
AS LAWFUL CONSIDERATION for being permitted by SPIRIT OF ART, LLC, JANCY PETTIT, to participate in such retreat and accompanying activities, I hereby agree that I, my heirs, legal representatives or any member of my family will not make a claim against or sue SPIRIT OF ART, LLC, JANCY PETTIT,
or any of their affiliated agents, employees, teachers or volunteers, for bodily injury, death, emotional trauma or property damage resulting from my participation in the retreat.
SPIRIT OF ART, LLC shall not be liable, directly or indirectly, for bodily injury or property damage for any reason whatsoever, including, but not limited to the following causes: acts of God, pandemics, epidemics, detention, annoyance, weather, quarantines, strikes, civil disturbance, theft, negligence including negligence of JANCY PETTIT, changes in government regulations, terrorism, war or failure of conveyance to arrive or depart as scheduled.

I therefore release and discharge SPIRIT OF ART, LLC/JANCY PETTIT, and their agents, employees, teachers and volunteers from and against any and all liability arising from my participation in the retreat even though that liability may arise out of negligence or carelessness on the part of SPIRIT OF ART, LLC/JANCY PETTIT, or their affiliate agents, employees, teachers or volunteers.

If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. Under no circumstances shall SPIRIT OF ART, LLC/JANCY PETTIT, liable to any retreat participant for more than the land cost of the retreat applied for on this document. I waive any charge-back rights and, in the event of dispute, requests for a refund will be made using the procedures described under the “Cancellation and Refunds” section below. All applications are subject to acceptance by SPIRIT OF ART, LLC. Upon acceptance of my application, this agreement shall be deemed to have been entered into at TOPEKA, KANSAS and shall be construed according to the laws of the State of KANSAS. In the unlikely event a legal dispute should arise involving any subject matter whatsoever, I agree that the exclusive venue for any legal action shall be TOPEKA, KANSAS, USA.

CANCELLATION

• Cancellations prior to August 15 — full refund minus a $60 processing fee.

• Cancellations August 15 through August 31 — 50% refund.

• Cancellations September 1 or later — Refund not available.

We reserve the right to cancel the retreat if it is not meeting the retreat minimum (if we do so your registration fee is refunded). Trip cancellation insurance is strongly recommended if there is a possibility that you might have to cancel your participation in the retreat. All cancellations must be made to JANCY PETTIT in writing and any refund requests must be made in writing to JANCY PETTIT within 30 days of the return date. Please send written requests to: 5606 SW FOXCROFT CIR. S, TOPEKA, KS 66614

SPIRIT OF ART, LLC/JANCY PETTIT reserves the right to cancel any retreat prior to departure for any reason whatsoever, including an insufficient number of participants or logistical problems (e.g. acts of God, war, strikes, etc.), which may impede retreat operations. The refund of all payments as described in the paragraph below shall release SPIRIT OF ART, LLC/JANCY PETTIT from any further liability. A retreat trip cancellation due to insufficient numbers would normally occur at least a month prior to departure, unless acts of God, war, strikes or other events impede our departure causing large numbers of participants opt to cancel participation on the journey in the last days before departure.

SPIRIT OF ART, LLC/JANCY PETTIT must make substantial payments to suppliers (including providers of land travel) far in advance of the scheduled date on the retreat. If the retreat is cancelled due to forces beyond our control (acts of God, war, labor strikes, earthquake, flooding, etc.), SPIRIT OF ART, LLC/JANCY PETTIT will promptly refund the portion of the retreat cost not advanced to suppliers. SPIRIT OF ART, LLC/JANCY PETTIT will use its best efforts to recover advance payments as promptly as possible, and will refund to you the amount recovered, if any. However, SPIRIT OF ART, LLC/JANCY PETTIT does not guarantee recovery of any or all of the advance payments made. This policy applies to retreat cancellation by client choice following any necessary increase in retreat costs.