Participation Agreement

Participant shall take part in the event described below (the “Retreat”) which will take place at Flocksadaisy Farm on the dates and details of the website booking.

During the Retreat, Flocksadaisy shall make available to Participant activities and services which may include, but are not limited to: 

• Opportunities to connect with other writers / fiber artists, 

• Writing / crafting prompts, activities, and round table discussions intended to spark creativity, 

• Feedback and encouragement on Participant’s writing / creations, 

• Communal meal gatherings of participants and facilitators, 

• Accommodations for rest and relaxation,

• Opportunities for reflection in nature, and

• Structure for solo writing / creation.

Participant acknowledges that they are voluntarily choosing to participate in the Retreat and agrees to take full responsibility for their own physical, emotional, and psychological well-being during the Retreat. Flocksadaisy and its facilitators do not provide medical care, diagnosis, or crisis services at the Retreat. Retreat facilitators may offer invitations or suggestions for participation; Participant retains full and sole responsibility for deciding whether and how to engage in any activity. Participant warrants that they are medically, physically, and emotionally able to participate in the Retreat. Flocksadaisy may share photographs of Participant and impressions/reviews shared by Participant on website and social media. If Participant does not want images or likenesses shared, Participant must inform Flocksadaisy in writing prior to the Retreat. Participant can post images and impressions on personal social media accounts concerning the Retreat, however, Participant must secure permission to share images and impressions from any other participants included in such images or impressions publicly prior to doing so.

The Retreat is intended to be a safe, respectful, and inclusive environment for all participants. Participant agrees to treat Flocksadaisy facilitators, staff, and other participants with respect. Flocksadaisy will not tolerate any behavior that is unlawful, unsafe, disrespectful, discriminatory or disruptive. Participant agrees to treat the property with care, including not smoking, not bringing pets, and reporting any issues promptly to the facilitator. If Flocksadaisy finds Participant’s behavior to be in violation of this Section 4, Participant will be asked to leave the Retreat immediately, at Flocksadaisy’s sole discretion, and at such participant’s own expense, without any right to any amount of refund. If any Flocksadaisy property is damaged due to the behavior of Participant, depending on the replacement cost and in Flocksadaisy’s sole discretion, Participant may be liable for the replacement cost.

Breakfasts are prepared and catered meals are served in a shared kitchen environment, and Flocksadaisy cannot guarantee that any meal, ingredient, or preparation surface is free from allergens. Participant is responsible for disclosing allergies and dietary needs in advance of the Retreat and for making their own decisions about what to eat. Participants with severe allergies are encouraged to bring their own food and to carry their own rescue medication. Packaged snacks, bottled water, and other drinks will be provided. Participants can bring food and drink to store in the shared refrigerator. Linens, towels, and pump hand soap are provided. Participants should bring anything to help make their stay comfortable, including bug spray, suntan lotion, and toiletries.

To secure your spot in the Retreat, Participant shall pay the entire amount due for the Retreat at the time of booking.

Flocksadaisy reserves the right to modify Retreat schedules, activities, accommodations, or Retreat facilitators to the extent necessary. 

a. If Flocksadaisy must cancel the Retreat due to unforeseen circumstances, Participant will receive a full refund of any payments made to Flocksadaisy. Such refund is the sole and exclusive remedy available to Participant in the event of such cancellation.

b. If Participant must cancel their participation in the Retreat, Flocksadaisy   will issue Participant a refund of 90% of any payment received if such cancellation is received by Flocksadaisy at least 30 days prior to the first day of the Retreat. If cancellation is received by Flocksadaisy within 30 days of the Retreat, Flocksadaisy will issue Participant a refund of 50% of any payment received.

Participant acknowledges and agrees that they are responsible for all of their personal property during the Retreat and that Flocksadaisy is not responsible in any way for such property.

Flocksadaisy is not liable for delays, changes, or cancellations caused by events beyond its reasonable control, including but not limited to: acts of God and natural disasters, severe weather, pandemics or public health emergencies, government restrictions or travel restrictions or transportation disruptions.

Flocksadaisy agrees to use commercially reasonable efforts to maintain the confidentiality of any proprietary or personally identifiable information shared by Participant except to the extent such disclosure is required by law. 

Should a dispute arise under this Agreement, the Parties agree to use good faith efforts to meet and resolve the dispute. If the dispute is not resolved in thirty (30) days of the initial meeting of the Parties, the Parties agree to submit the dispute to non-binding mediation by a neutral third party reasonably acceptable to the Parties. If these methods fail to solve the dispute, either party may proceed to enforce their legal rights under this Agreement.

This Agreement and the documents referred to herein constitute the entire agreement between Participant and Flocksadaisy with respect to the subject matter hereof and replaces and supersedes all previous oral and written understandings between the Parties with respect thereto. No change to the terms of this Agreement shall be effective unless approved in writing by Participant and an authorized representative of Flocksadaisy. 

This Agreement shall be governed by the laws of the state of Wisconsin, without regard to its choice of law provisions. The Parties agree and consent that any legal action, suit or proceeding socking to enforce any provision of this Agreement shall be instituted and adjudicated solely and exclusively in any court of general jurisdiction in Richland County, Wisconsin.

All notices under this Agreement shall be in writing, and any notice shall be considered to be given and received in all respects on the day it is personally delivered, emailed. or deposited in the United States mail, first class, postage prepaid, addressed as provided on the signature page hereto or to such other address as may be designated by one party to the other by notice duly given.

This Agreement has been, and shall be, construed to have been drafted by all the Parties to it so that the rule of construing ambiguities against the drafter shall have no force and effect. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party.

Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction will not affect the validity or enforceability of the remaining terms and provisions of this Agreement of the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.

No amendment of any provision of this Agreement will be valid unless the same is in writing and signed by the Parties. No waiver by any party of any default, misrepresentation or breach of warranty or covenant under this Agreement, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant under this Agreement. Participant may not, assign, subcontract or delegate rights, duties or obligations under this Agreement. 

This Agreement shall be binding upon and inure to the benefit of each Participant and Flocksadaisy and their respective successors and permitted assigns. Neither party shall assign this Agreement or any of its rights hereunder without the written consent of the other party.

This Agreement may be executed in any number of counterparts which, when taken together, shall constitute one and the same document. For purposes of this Agreement, facsimile, pdf, or electronic signatures provided via DocuSign or a similar service shall be accepted as originals.