Hidden Leaf Baja Resort
Retreat Participant Terms
These terms and conditions “Retreat Participant Terms” are made by and between Hidden Leaf Baja “Hidden Leaf”, “we”, “us”, or “our” and as identified on the booking reservation “Guest” or “you”. Hidden Leaf and Guest may be referred to individually as “Party” and collectively as “Parties.” For good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:
Rental Period
The Property will be ready for Guest’s occupancy at 3PM on the date of “Check-In” and the Property must be vacated on the date of “Check-Out” by 10AM, unless otherwise agreed by Us. If Guest or any member of the Rental Party remains on the Property beyond the Check-Out time, you will be responsible to pay an additional full night rate.
Reservation Deposit and Final Payment
A “Reservation Deposit” is required to book your reservation for the Retreat. You agree to pay the rental rate and fees, collectively referred to as the “Total Amount Due.” When booking directly with Hidden Leaf, a non-refundable 50% Reservation Deposit is required to secure your reservation with us. Due to the exclusivity and limited availability, deposits are non refundable under any circumstances at any time. The Reservation Deposit will be applied toward the Total Amount Due. Full payment of all fees, less the Reservation Deposit, is due 60 days before Check-In. Reservations made within 60 days of Check-In must be paid in full at the time of booking. Failure to complete all payments by the Check-In date will result in loss of entry to Hidden Leaf, no refunds will be given. By booking with Hidden Leaf you are stating that:
- You have authorised our use of the Debit/Credit card on file.
- You will not charge back, dispute, reverse any payments.
- We reserve the right to ban any account/person without notice for any reason.
Hidden Leaf Baja located in an area that requires an IVA and lodging tax, therefore, participants may be required to pay a tax before or at checkout. This fee is calculated per night of stay.
Installment payments
We may offer installment payments in accordance with the relevant date of purchase and retreat schedule.
If paying via installments, due to administration an additional 5% will be charged on all stage payments.
Security Deposit
A “Security Deposit” is required, see Rental Terms above.
Additional Night(s)
If you or someone in your Rental Party requests to stay for an additional night(s), please inquire directly with the Property Host for pricing.
Room Share – Double Room
If you select a double room ‘share with unknown guest’ option then we take no responsibility for the actions of the person/s with whom you ‘room share’. If for whatever reason you are unhappy with your ‘room share’ including but not limited to: clash of personalities; disagreements; snoring; other annoying habits etc, we cannot be held responsible. Please note that if you have booked a ‘share with unknown guest’ online we can guarantee that you will be sharing with an individual of the same sex, unless otherwise specified.
Adding a Guest to Your Room
If you wish to add a participant to your room, please note that we have a maximum capacity of guests that we can accommodate in each room. If we have not reached capacity we would be happy to add a guest to your reservation at the retreat booking rate, however, once we have reached the maximum number of guests we would not be able to add any further guests.
Meals
You are required to let us know of any allergies or dietary restrictions prior to your arrival. Any request for modifications of meals will not be accepted after you Check-In to the retreat.
Flights and Transportation
Flights must be booked independently and within the timeframe of your facilitator provides. We are responsible for arranging your method of transportation to and from airport. Please be aware that your flight details will be required. This is to ensure that your transportation can be organised without any issues. Please note that failure to do so may result in waiting extended periods of time for the next available group or having to organise any-time transportation at an additional cost to yourself. Guests who book transportation independently will need to take full responsibility for their transportation.
Room Damages
If you damage a room or any of the Property we will automatically deduct the cost of repairing / replacing / redecorating from your Security Deposit and charge your registered card.
Rental Rules
Guest agrees to abide by the Rental Rules and any other restrictions imposed by Hidden Leaf. At all times while on the Property, you will and will cause all persons in the Rental Party and any Visitors that you permit on the Property to abide by the Rental Rules while on the Property.
If any person in the Rental Party fails to follow any of the Rental Rules, the Rental Party may be asked to vacate the Property immediately, and you will forfeit all the rental amount.
Guest Insurance Requirement
Guests are required to carry renter’s insurance or event insurance (if applicable) during their stay or event at Hidden Leaf Baja. This insurance should cover any potential damages to the property or injuries to participants. Proof of insurance may be requested at the time of booking. Hidden Leaf Baja is not responsible for any loss, damage, or injury that is not covered by the guest’s insurance policy. Any limitations or exclusions in the guest’s insurance coverage are the responsibility of the guest. Please check our Partners page for more insurance referrals.
Insurance options:
Cancellation/Refund Policy
We highly recommend insurance for all Guests. Travel insurance must be bought independently as it is not included in the retreat booking price. It is your responsibility to read and understand our cancellation policy before booking your reservation. If for whatever reason you need to cancel your reservation after you have paid your Reservation Deposit or Total Amount Due, these payment will be applied as a credit towards rescheduling your retreat or booking the property for personal use within 12 months of the Check-In date. Your reservation does not allow for refunds, discounts or credits if you elect to not attend the retreat for the entire duration or if you downgrade your room.
Comments and Complaints
If you are not happy with the property for any reason, please tell the Property Host immediately and we will endeavour to take whatever action is required. Please bear in mind that any claims may be rejected if we are not given the opportunity to put matters right during your stay.
If there is a problem during the retreat / services, you must report it in the first instance to the Property Host, if it is still unresolved then the issue should be reported immediately to stay@hiddenleafbaja.com so that all efforts may be made to resolve the problem promptly & effectively. Failure to provide notice of the complaint in accordance with the above will preclude you from being entitled to take any further action against us.
Health Restrictions
You agree to sign a waiver with Hidden Leaf at least 30 days before your Check-In Date. All health issues including allergies MUST be disclosed prior to the Check-In of your retreat.
General Waiver
You acknowledge that you surrender your right to any cause of action against Hidden Leaf, their agents, contractor’s, employee’s and directors, arising from any loss or damage to any person or property that occurs during your retreat up to and including death. Our property is not suitable for children under the age of 18 years or for people with physical disabilities that cannot take care or responsibility for themselves as we do not have the resources or expertise. There are areas of the retreat that people with mobility issues may not be able to access.
If Hidden Leaf Has To Close / Postpone For Any Reason
We reserve the right to close or postpone a reservation in our sole discretion. If we close or postpone a reservation, we will work with you and use reasonable efforts to reschedule the postponed retreat within twenty four (24) months from the Check-In date. Reservation fees paid for a postponed retreat shall be applicable to the rescheduled retreat only, we will transfer fees paid to be used as credit.
Hidden Leaf is not responsible for your expenses incurred in preparation for any rescheduled retreat such as other accommodation, airline tickets, loss of work, and/or other costs associated with preparing for your trip. Hidden Leaf will not pay for any loss with flights.
Hidden Leaf reserves the right to cancel any reservation if, in its opinion, the performance of the reservation will damage the reputation or goodwill of Hidden Leaf. In such circumstances, you will be entitled to a full refund of the Reservation price. Again, we highly recommend insurance for all Guests and Rental Party. This must be bought independently as it is not included in the retreat price.
Exclusions
All information provided on the website and any written and verbal form of correspondence is correct at the time of publication. However, due to mechanical faults, weather conditions, or what insurers call ‘Acts of God’, some amenities may be temporarily unavailable. Hidden Leaf reserves the right to cancel, curtail or amend its services without any liability where the services cannot be supplied at all or cannot be supplied as described or agreed due to circumstances beyond its control or the control of the applicable third party suppliers. For example, if our cleaning crew becomes unwell during the retreat, it is likely that it will be too short notice to find another and cleaning for that day may well be cancelled. This is extremely rare, but could happen. Where Hidden Leaf cancels the services in accordance with this clause, it shall not be liable to refund any amount and/or pay any compensation to you and/or your Rental Party. We will not accept liability for:
- Any of the above events, or others beyond our control.
- Loss, injury, or damage (to you) or your personal property.
- Physical, medical or psychiatric conditions developing during or after your retreat.
Check that your holiday / business insurance policy covers these and other contingencies.
Indemnity
You agree to fully indemnify Hidden Leaf without limitation for any trainer(s), director(s) practitioners or contractor(s) hired against any injury, malpractice, mishap, or accident during any and all interactions with your Rental Party guest, and/or during your retreat. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the property; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any Rental Party guest. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Liability
Hidden Leaf, any of its directors, employees or agents will not be liable for: any practitioners hired; any loss, injury, or damage (to you, your Rental Party guests) or personal property or valuables; or physical, medical or psychiatric conditions developed during or after your retreat. Check that your insurance policy covers these and other contingencies. You are aware and acknowledge the risk and hazard of that may arise during the retreat. Hidden Leaf Baja, will not compensate you or any Rental Party guest if any medical risk or hazard arises. Hidden Leaf is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the or on the Property. You agree to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THESE TERMS OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THESE TERMS, EVEN IF WE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
***It is the sole responsibility of the Guest to purchase full & adequate liability, medical, personal injury, travel or holiday insurance for the full duration of the retreat.
All Guests must refrain from any illegal act or any conduct unbecoming, conduct or language which may give offence to a Rental Party guest, or Visitor or any act which may cause damage to the Property. If Hidden Leaf or any of its staff, consultants or agents become aware of any such act / conduct then Hidden Leaf & its agents may, at their absolute discretion, ask you to leave the premises, property or facility, this will be without refund or compensation to you, in these circumstances Hidden Leaf will have no further responsibility or liability to you or the Rental Party guest.
Assumption of Risk
By agreeing to these Retreat Terms, you state that you wish to participate in the retreat at Hidden Leaf and all the activities, which could include but are not limited to: aerobic & resistance exercise, body movement, walks, swimming (pool, ocean) and therapy treatments. You realise that your participation may involve the risk of injury and even the possibility of death. Furthermore, you confirm that your are voluntarily engaging in the retreat activities and we not responsible for any injuries or losses incurred whilst at the retreat, after the retreat.
If you suffer with any health conditions, you confirm that you have either consulted with a doctor before participating or you are accepting full responsibility for your own health and you acknowledge the risk involved.
Work Product
Any and all reports, documentation, files, media and other materials created or producedby us in connection with the services we are providing to you will be considered “Work Product.” The Work Product exclusively belongs to Hidden Leaf. To the extent that any Work Product constitutes a workmade-for-hire owned by you, we agree to assign and transfer all of the right, title and interest in such Work Product to you.
Proprietary Material
You do not under these Terms acquire any ownership rights in and/or to any software, documentation, tools, techniques, methodologies or other material which has not or is not created as part of our services which is proprietary to us (“Hidden Leaf Proprietary Material”). However, if we incorporate any Hidden Leaf Proprietary Material into any Work Product, or any of the Work Product requires Hidden Leaf Proprietary Material in order to operate or otherwise be use-able by you, we grant you a nonexclusive, royalty free, fully paid, perpetual, irrevocable license to use Hidden Leaf Proprietary Material aspart of the Work Product.
Third Party Proprietary Material
You do not under these Terms acquire any ownership rights in and/or to any software, documentation, tools, techniques, methodologies or other material which is proprietary to any third party (“Third Party Proprietary Material”). You will be responsible for obtaining any necessary licenses for Third Party Proprietary Material. We may not incorporate any Third Party Proprietary Material into the Work Product without the prior written consent.
Photo / Video Release – Use of Image
You hereby grant to Hidden Leaf the absolute and irrevocable right, and unrestricted permissions to use photographic portraits / images / videos in which you feature that are taken during the retreat to use/republish/copyright, etc. for commercial use in association with Hidden Leaf. You hereby release and discharge Hidden Leaf from any and all claims and demands arising out of or in connection with the use of the photographs and video footage, including without limitation any and all claims for libel or invasion of privacy.
Confidentiality
The parties agree to keep confidential the contents of this Agreement and any confidential information relating to Hidden Leaf or the retreat, save for any information which is in the public domain, otherwise than through the wrongful disclosure of either party or which is required to be disclosed by law. Confidentiality will continue to apply after termination of these terms.
Privacy Policy
We care about data privacy and security. Please be advised our Site is hosted in the United States. If you access our Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of our Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
Modifications, Interruptions, Corrections
We reserve the right to change, modify, or remove the contents of our Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of our site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our site. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of our Site after the date such revised Terms are posted.
There may be information on our Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Site at any time, without prior notice.
Electronic Communications, Transactions, and Signatures
Visiting our Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Miscellaneous
These Terms and any policies or operating rules posted by us on our Site or in respect to our Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of our Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
This contract is entered into under the laws of Mexico and the parties shall submit to the non exclusive jurisdiction of the Mexican Courts and in agreeing to these terms and condition you are doing so on behalf of yourself and any other parties included in your reservation.
By booking any retreat with us you agree to be bound by and adhere to all policies and Rental Rules.
For any questions or queries, please email us at stay@hiddenleafbaja.com
Last updated 08/12/2023