Cultural & Movement Retreats in Puerto Vallarta, Mexico

Be Well-Stay Well™ Retreats in Puerto Vallarta, Mexico – Terms, Conditions, & Acceptance of Risk

Purchases made on this website for retreat activities are in US dollars and include the I6%IVA tax + additional 3% lodging tax for accommodations where applicable or unless otherwise specified.

CANCELLATION POLICY:

A cancellation received more than 21 days prior to the scheduled arrival date will receive a full refund less a $100 cancellation fee.

A cancellation received less than 14-21 days prior to the scheduled arrival date will receive a full refund minus a $495 cancellation fee OR credit minus a $185 change fee that may be used for either a future retreat or for accommodations at Casa del Arroyo to be used within 1 year of the event.

There are no refunds for cancellations due to natural disasters, weather related situations, mechanical failures or any situation out of the control of the owner /agent such as but not limited to construction in the area, unusual noise or other disturbances, power or internet outages, etc. Any deviation from this policy shall be arranged at time of the event in writing or by email communication.

***Trip cancellation insurance is strongly advised in the event it becomes necessary to cancel unexpectedly.

COVID CLAUSE: While the common activities will take place in an indoor/outdoor environment, the risk of exposure during any point in travel is possible.

If you have tested positive for COVID or if you have had a close exposure to COVID, please alert us immediately so we can determine next steps, depending on CDC guidelines at the time and when your exposure or infection occurred. In these cases, it may be necessary to cancel your reservation so that you can quarantine & reschedule for a later retreat or lodging at Casa del Arroyo in the future. If you contract COVID during your stay and need to quarantine longer than the duration of the retreat, arrangements may possibly be made to extend your stay for an additional accommodation fee based on the circumstances and duration. We will adhere to COVID precautions based on current conditions for the municipality and if there has been a risk of exposure/infection. We recommend all attendees to bring their own rapid tests and masks. COVID testing is available for approximately $30 per test in town if you don’t bring down your own tests. If it becomes necessary because of a possible exposure to the group or anyone in the group, we may ask that antigen tests be taken.

ATTENDEE CONDUCT: We reserve the right to remove attendees immediately who do not comply with rules, security procedures, or other conduct as described below:

Be Well-Stay Well™ Retreats reserves the right to remove anyone who disobeys any requirements, procedures, policies, or regulations of the retreat or accommodation location.
Defamation, abuse, harassment, harming or threatening behavior, or bigoted, hateful, or racially offensive statements will not be tolerated.
Attendees may be removed if they engage in any unlawful (including drug use), unauthorized, prohibited, improper, or unethical activities or any other acts or omissions that we deem worthy of your removal from this retreat.
Smoking is not allowed on the premises. You may go outside on the street to smoke, if needed.
Unauthorized guests are not allowed on the premises.
Disrespect or disregard for posted quiet hours (usually from 10pm to 8am) are grounds for dismissal from the retreat.
Excessively loud music or excessively loud voices is highly discouraged, as we want to respect our neighbors. If you do not reduce the noise when asked, this may be grounds for removal from the retreat.
Any social media posts, articles, or publication about the retreat that are deemed offensive to a specific attendee or that include vulgar, obscene, discourteous, or indecent language or images must be remove immediately and posting such material may be grounds for dismissal from the retreat.

RESPONSIBILITY: Neither the Agent, The Property Owner, any of their, employees, representatives shall be held responsible for any injury, theft, loss, illness or damage to any person or property of persons occupying Casa del Arroyo or Casa Vista Luna or in any activities (organized or not) during the time period of the retreat taking place off the property. In short, this is Mexico and all activities you engage in while in the country of Mexico are at your own risk and subject to Mexico's rules, regulations, and legal system.

The rights if any, of a person occupying these properties to seek recourse of any kind shall be governed by the laws of Mexico and determined exclusively by the courts of Mexico having proper jurisdiction. The owners, employees, and agents shall under no circumstances be held responsible for any disturbance or inconvenience to guests occupying the property caused by neighbors or the surrounding area. Traveler’s Insurance is highly recommended.

TRAVEL TIPS: A valid passport is required to travel to Mexico. Because of delays in obtaining passports, please make sure yours is valid BEFORE purchasing. All guests are responsible for obtaining proper documents for travel.

RESTRICTIONS: Guests occupying Casa del Arroyo or Casa Vista Luna will be responsible for any damages caused by them or their guests to the property or its assets during their stay in that property beyond normal wear and tear. Guests shall not remove any items from the property.

RELEASE AND WAIVER OF LIABILITY

1.I, hereby irrevocably and unconditionally waive, release and hold harmless from liability ProBalance, Inc, Ada Wells, and the retreat center (Casa del Arroyo), its owners and other guests (all hereinafter known as Releasees) from any and all liabilities, claims, actions, damages, costs or expenses of any nature whatsoever whether in law or equity, known or unknown, occurring during, caused by, relating to, or arising in any way both during, before, or after the retreat while in the Mexican juristiction.

I understand that attending a wellness retreat may involve voluntary participation in physical activities both indoors and outdoors, and certain exposure to wildlife and walks, steps (sometimes without railing), hills, paths with loose rocks and roads that are uneven, slick, or are in the path of oncoming vehicles. In addition, the climate is such that high heat, humidity, electrical storms, and/or heavy rains and flooding may pose an additional risk. I understand that the conditions for swimming, snorkling, kayaking, etc. in or near the rivers, bay, and ocean can be dangerous and all water activities should be taken with care and with attention to local conditions, which can change rapidly. With these and all related activities, there is a certain element of risk. By accepting this waiver, I hereby acknowledge that participation and use of facilities and grounds are at my own risk, and that I assume all responsibilities for any and all aspects of participation in activities occurring in Mexico.

I also understand that this Release and Waiver of Liability irrevocably and unconditionally releases and holds harmless all Releasees from any financial or other liability for any injury, bodily harm, sickness, illness, or loss of life that I may suffer and from any harm or loss of property occurring during, caused by, relating to, or arising in any way out of participating in said RETREAT.

I understand that this retreat requires and includes physical movements. As with any physical activity, the risk of injury, even serious or disabling, or death is always present and cannot be entirely eliminated. If I experience any pain or discomfort, I will notify the instructor, adjust my posture and listen to my body. I will not push my body too far and will ask for support from the teacher if needed.

I will take part in movement classes only after discussing it with my doctor and gaining their approval. I affirm that I alone am responsible to decide whether to participate. I hereby agree to irrevocably release and waive any claims that I have now or hereafter may have against Ada Wells, other leaders of the retreat or the retreat center owners and representatives..

I, hereby agree to the following:

That I am participating in classes offered at said RETREAT, where I will receive information and instruction. I understand that classes require physical exertion which may be strenuous and may cause physical injury. I am fully aware of the risks involved.
I understand that it is my responsibility to consult with a physician prior to and in reference to my participation in this retreat and in fitness classes. I warrant and represent that I am physically fit and have no medical condition that would prevent my full participation.
In consideration of participating, I agree to assume full responsibility for any risks, injury or damages, which I might incur as a result.
I knowingly and voluntarily waive any claim I might have for injury or damages that I may sustain as a result of participating in this program.
I, my heirs or legal representative forever release, waive, discharge and covenant not to sue Ada Wells, ProBalance, Inc. or the retreat center owners/representatives/contractors/employees for any injury or death caused by their negligence or other acts.

I have read the above release and waiver of liability and I fully understand its contents. I fully and voluntarily agree to the above terms and conditions.

****Payment is a confirmation that I agree to the above terms and conditions****

Site Terms & Conditions

ProBalance, Inc. (the “Company”) WELCOMES YOU TO www.ProBalance.TV or www.bewellstaywell.net (the “Site”). WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE, THAT COVER YOUR USE OF THIS SITE AND ANY OTHERS OWNED AND OPERATED BY THE COMPANY AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (the “AGREEMENT”).

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When you register and or voluntarily provide your personally identifiable information to the Company, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products or services, or other records of correspondence from the Company. This consent is to receive notices electronically by way of email.

USE OF SITE

This Site is provided solely for the use of current and future customers of the Company to provide you with information about the Company, to permit you to place orders for our products and services and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate

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ii. any advertisement, solicitation, spam, chain letter, or other similar types of information;

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SITE CONTENTS AND OWNERSHIP

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We are glad to have you share our content, but you must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, the Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

Modification of the Company’s content and or materials provided for any other purpose is a violation of copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.

INTELLECTUAL PROPERTY

All trade names, trademarks, and images and biographical information of people used in the Company content and or materials contained in the Site, including without limitation the name and trademark [“ProBalance”], are either the property of, or used with permission by, the Company.

The use of Materials by you is strictly prohibited unless specifically permitted by these Terms of Use.

Any unauthorized use of Materials may violate the copyright, trademark, and other proprietary rights of the Company and or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.

Nothing contained in this Agreement or in the Site shall be interpreted as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner.

The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at Ada at PROBALANCE dot TV. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

Complete information regarding your rights under the Digital Millennium Copyright Act (DMCA) is available under our DMCA Policy.

DISCLAIMER OF WARRANTY

You expressly agree that use of this Site is at your sole risk. Neither the Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, the Company does not warrant reliability of any statement or other information displayed or distributed through the site. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. The Company may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.

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LIMITATION OF LIABILITIES

YOU AGREE THAT THE COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to

(i) your breach of this Agreement,

(ii) any violation by you of law or the rights of any third party,

(iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site,

(iv) your use of the Site or any services that the Company may provide via the Site, and

(v) your conduct in connection with the Site or the services or with other users of the Site or the services.

The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

PRIVACY POLICY

Click here to access the Company’s Privacy Policy governing the use of information that the Company obtains from you through your use of this website.

The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.

TERM AND TERMINATION

Without limiting its other remedies, the Company may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.

HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on this Site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site.

If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form are not maintained, controlled, or otherwise governed by the Company.

The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by the Company. The Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by the Company.

Links do not imply that the Company or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates or subsidiaries.

Except for links to information authored by the Company, the Company is neither responsible for nor will it be liable under any theory based on

(i) any Linked Site;

(ii) any information and/or content found on any Linked Site; or

(iii) any site(s) linked to or from any Linked Site.

If you decide to visit any Linked Sites and/or transact any business with them, you do so at your own risk. The Company reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without reference to its conflict-of-law provisions. The Company makes no representation that the materials are appropriate or available for use outside the United States.

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ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Company and you with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to this Site.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The Company does not and will not assume any obligation to notify you of changes to this Agreement.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission.

Be Well-Stay Well™ Retreats in Puerto Vallarta, Mexico – Terms, Conditions, & Acceptance of Risk

RELEASE AND WAIVER OF LIABILITY

Site Terms & Conditions

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