Terms

Welcome to www.benswicretreat.com “the Site”.

You will process a payment through our third-party “MINDBODY”, where we will collect your fullname, billing and shipping addresses, phone number, e-mail address, and credit card information. You provide this information so we can process your payment. We appreciate your business and are committed to protect your personal information as we would our own.

We respect your privacy by not selling or sharing this information.  We encourage you to sign-up for our emailing list so you can receive information about our upcoming events and new merchandise. But, of course, you have the freedom to add or remove your name from our list at any time.

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PAYING
FOR THE EXPERIENCE

The way we use information

We use the information you provide about yourself when processing your payment only for that purpose. We do not share this information with outside parties except to the extent necessary to complete the transaction.

In the event that you are processing a payment for a third party, we use the information you provide about someone else only to accurately note our records and/or ship any products you may have ordered. We do not share this information with outside parties except to the extent necessary to complete that order.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

You can register with our website if you would like to receive our mailing list as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form or check the appropriate box when placing an order.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our commitment to data security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Terms

Except as otherwise noted herein, these terms and conditions govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Benswic Retreat reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Benswic Retreat provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Benswic Retreat property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Benswic Retreat. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Prohibited uses

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Benswic Retreat specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

  • Posting any information which is incomplete, false, inaccurate or not your own.
  • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol.
  • Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it.
  • Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner.
  • Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another.
  • Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws.
  • Attempting to interfere in any way with the Site’s or Benswic Retreat networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
  • Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.

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Proprietary rights

Benswic Retreat is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Benswic Retreat logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, ” Benswic Retreat Intellectual Property”) are owned by Benswic, Inc. and may be registered in the United States and internationally. You agree not to display or use the Benswic Retreat Intellectual Property in any manner without Benswic Retreat’s prior permission. Nothing on the Site should be construed to grant any license or right to use any Benswic Retreat Intellectual Property without the prior written consent of Benswic Retreat.

Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by SurfYogaBeer. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, selection and arrangements is protected by law including, but not limited to, copyright law.

User content

Any and all content, comments, feedback, suggestions, ideas, concepts, questions or other communications (collectively “User Content”) that you submit or post on the Site shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Benswic Retreat and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce or use the User Content in any commercial or non-commercial manner whatsoever. Benswic Retreat will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Benswic Retreat shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Benswic Retreat retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Benswic Retreat and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

Disclaimers and limitation of liability

Benswic Retreat publishes information on its Site as a convenience to its visitors. While Benswic Retreat attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Benswic Retreat products described in the Site may not be available in your region. Benswic Retreat does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” BENSWIC RETREAT DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BENSWIC RETREAT DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BANDIER MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Benswic Retreat makes no warranties of any kind regarding any non- Benswic Retreat sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Benswic Retreat makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- Benswic Retreat sites. Benswic Retreat does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL BENSWIC RETREAT, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF BENSWIC RETREAT OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold Benswic Retreat, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.

Disputes

Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with Benswic Retreat shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any Benswic Retreat Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

General information

These Terms constitute the entire agreement between you and Benswic Retreat and govern your use of the Site, and they supersede any prior agreements between you and Benswic Retreat. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Benswic Retreat may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Benswic Retreat’s sole discretion you fail to comply with any provision of these Terms.

You agree that no joint venture, partnership, employment, or agency relationship exists between Benswic Retreat and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to Benswic Retreat or the Site must be commenced within one (1) year after the claim or cause of action arose.

The failure of Benswic Retreat to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York.

You may not assign the Terms or any of your rights or obligations under the Terms without Benswic Retreat‘s express written consent. The Terms inure to the benefit of Benswic Retreat‘s successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

 

 

  • Deposit: Your initial deposit is used to secure your spot and goes toward your full payment. Your deposit is transferable.
  • The remaining balance is due 2 weeks prior to the adventure’s start date.
  • Trip credit may be transferred towards a future trip up if cancelled up to 28 days prior to the start of the trip.
  • Please note we strongly encourage all participants to purchase travel and medical insurance just to be safe. Participants must carry insurance documentation while on the Adventure.
  • The Retreat is suitable for families. Though we will have retreats with ADULT ONLY (it will be labeled).
  • For the benefit of everyone on your adventure, Benswic Retreat reserves the right to accept or reject any participant, at any time, for any reason without any liability whatsoever. In the event Benswic Retreat determines, in its sole and exclusive discretion, that a participant is disruptive to the harmony of the Retreat, we may, without any obligation to pay a refund or any other amount whatsoever, expel such participant from the retreat. Benswic Retreat will have no responsibility or liability for any participant who leaves the retreat prior to its conclusion or for any activity undertaken by any participant, which is not included on the retreat itinerary.
  • Benswic Retreat is not responsible for expenses, including but not limited to, lodging, meals, and transportation incurred for delays and/or cancelation of the trip for reasons beyond the control of Benswic Retreat, including but not limited to, fire, explosion, flood, tempest, unusually adverse weather conditions, failure or shortage of power supplies, fault or failure of plant or machinery, war, hostilities, riot, acts of terrorism, strikes, lock-outs or other industrial action (“a Force Majeure Event”).
  • We will be photographing and videotaping the Retreat. Benswic Retreat reserves the right to use any such photographs/videos in its advertising, displays, publicity materials, and publications. By participating in the Retreat you consent to Benswic Retreat using photo/videos containing your image without obtaining your further consent. You hereby release Benswic Retreat and its representatives from any liability in connection with any use of such photographs and videotapes.
  • This Retreat is health and wellness based. Accordingly, participants are strongly encouraged to fully attend the offerings provided. All participants are encouraged to approach the Retreast with a spirit of openness. However, there is no obligation to participate.
  • Part of MOST of the Benswic Retreat (if it’s ADULT ONLY Retreat) will involves alcohol and alcohol will be provided on the trip as part of the services provided. Whether or not to drink alcohol beverages is entirely a personal decision. No one is expected to drink, nor is your participation conditional upon your decision to drink alcohol beverages. Benswic Retreat is not in a position to alter the consequences, legal or otherwise, of irresponsible alcohol consumption. You agree understand and appreciate that in all situations, your conduct when consuming alcohol beverages is solely your responsibility.
  • We don’t judge, but while on a Benswic Retreat we have a zero tolerance for drugs. Paramount to Benswic Retreat is to maintain a safe, healthy, and productive environment for all staff and guests, provide quality services and maintain integrity. Illegal drugs in foreign countries have serious consequences that can impact not only yourself but others on the trip.

 

By agreeing to Benswic Retreat terms and conditions you hereby agree to the following:

  • You are medically, physically, emotionally and in all respects fit and able to participate in this Retreat. You have no medical requirement or condition except what is outlined in this agreement.
  • You authorize Benswic Retreat to perform first aid on you, if certified to do so, and obtain medical assistance on your behalf whenever Benswic Retreat deems appropriate.
  • You agree you will be fully and financially responsible for your own physical condition and well-being during the Retreat.
  • You acknowledge that Benswic Retreat may make suggestions from time to time that are intended to help you and your well-being. However, you take ultimate responsibility for your choices.

 

Assumption of Risk:

  • The very nature of the Benswic Retreat experience entails some level of inherit risk. On our Retreat we may venture to remote locations, at times with limited communication with the outside world, where the environment is subject to natural forces that can present unexpected hazards. As a result, in the event of an emergency, immediate medical care maybe unavailable or unattainable. Furthermore, in the event of physical injury or emotional distress it may be difficult or impossible to return to a more accessible area.

    Whether we are hiking through the woods to a secluded waterfall, braving the ocean waves as we learn by chance to surf or whatever, no matter how much we try to mediate risk to ourselves and our guests, there will be some level of unavoidable risk that can be life threatening.

    You agree, understand and appreciate the risks that are inherent in the Retreat and you hereby agree that your participation is voluntary and that you knowingly assume all such risks. You further understand that I am ultimately responsible for my own safety.

Release of Liability:

  • On behalf of yourself, your heirs, executors, successors, administrators and any other person who may have an interest at common law or by operation of statute, you hereby release from liability Benswic Retreat and their employees, principals, agents or representatives (“the Releases”) for any personal injury, death, property damage or loss of any nature suffered by you as a result of my participation in any activity at this Retreat including those arising out of, or in any way connected to or occasioned by, the negligence of the Releases.