Terms & Conditions

NOT SORRY PRODUCTIONS, LLC
Common Ground Pilgrimages
commonground@notsorryproductions.com
P.O. Box 4095
Andover, MA 01810

For any Not Sorry Productions, Inc. (“NSP”) Pilgrimage, participants (“Participant(s)”), must review the documents provided herewith (described below).

Instructions: Please review the attached documents and fill out each form legibly and completely. Please sign and return all forms to the Programs Manager for NSP, Courtney Brown at commonground@notsorryproductions.com. Failure to do so will preclude the Participant from participating in the Pilgrimage. 

Included Documents:  

1. Pilgrimage Description

2. Participant Agreement 

a. This document has IMPORTANT TERMS THAT CONCERN YOUR RIGHTS, including, but not limited to: 

i. Acknowledgement and Assumption of Risks 

ii. Release of Liability 

iii. Covenant not to Sue 

iv. Indemnification Provisions 

v. Medical Treatment information and Releases 

vi. Publicity and Media Release 

vii. Insurance 

viii. Cancellation Policy 

ix. Governing Law and Dispute resolution 

Pilgrimage Description

Participants will gather to explore the ancient practice of pilgrimage, particularly surrounding a specific beloved author or treasured text, treating that author or text as sacred. These pilgrimages are rooted in rigor and practice, which makes them much more impactful than typical group travel.

Participants are guided by trained staff members and are invited to experience themselves as pilgrims through Common Ground’s combination of rigorous discussion, one-on-one secular chaplaincy sessions, meditative walks, communal meals, and reflective journaling to gain greater understanding of themselves and the world around them. Participants can also expect to foster a deep connection with their pilgrimage peers, through the immersive experience of the “in-between” moments, bus travel, and free time for socializing with one another.

The Participant understands that specific itinerary information shall be communicated in due course from the email account of Common Ground Pilgrimages, commonground@notsorryproductions.com. However, Participants can expect the following:

• daily walking

• beautiful, sometimes challenging hikes

• leisurely, delicious meals

• structured class time

• relevant historical site and museum visits

• additional activities and excursions suited to the particular context their chosen pilgrimage provides

Participant Agreement 

Including: Acknowledgement and Assumption of Risks, Release of Liability, Covenant not to Sue, and Indemnification. 

PLEASE READ THIS DOCUMENT CAREFULLY 

This document is a binding legal agreement that affects the legal rights of the Participant in the event of a claim for injury, loss or damage related to the Participant’s participation or enrollment in the NSP Pilgrimage (the “Pilgrimage”) as described in the attached Pilgrimage Description. Participation in the Pilgrimage is voluntary, and is a privilege not a right. Any Participant's participation is entirely at the discretion of NSP. 

Please contact Courtney Brown, Programs Manager of NSP at commonground@notsorryproductions.com to discuss any questions about the Pilgrimage, this Agreement, or any of its provisions. Please also consult your legal counsel to make sure you understand this Agreement. 

The Agreement and the Parties 

This Agreement, Including Assumption of Risks and Release from Liability, Indemnification, and Acknowledgement of Risks” (“Agreement”) incorporates by reference the Pilgrimage Description, and Medical Disclosure (“Forms”). The Parties to the Agreement are the Participant (“Participant”), and Not Sorry Productions, Inc. (“NSP”). (“they” and “you” refer collectively to the Participant, “Party” or “Parties” refers collectively to Participant and NSP). 

Participants represent and warrant that they are 18 years of age or older, that they understand the activities and risks of the Pilgrimage, choose to participate in the Pilgrimage, and understand that they are legally bound by the Agreement. 

In consideration of NSP offering the Pilgrimage and permitting the Participant to enroll and participate in the Pilgrimage, the Parties understand, acknowledge, and agree as follows: 

Acknowledgment of Risks 

The Participant has read and understands the Pilgrimage Description. Participant acknowledges and understands the risks to the Participant personally and to the Participant’s property, which may result in the Participant’s serious or permanent bodily injury or death, and Participant understands that the risks to the Participant can be a consequence not only of the Participant’s acts or omissions, but also of the actions or negligence of NSP (including its staff, employees, agents, and representatives), other participating Participants, independent contractors or third parties, travel conditions, or equipment, environmental or political factors (including, but not limited to, disease and acts of terrorism). 

Further, Participant acknowledges and understands that travel generally, activities associated with it, and the Pilgrimage have inherent risks which cannot be eliminated without changing or destroying the nature

of the activities and the Pilgrimage. Participant acknowledges and understands that NSP cannot eliminate all risks and that there may be times when Participants will not be accompanied by NSP personnel. Furthermore Participant acknowledge understand that NSP is not responsible for matters beyond its control and that NSP does not represent or act as an agent for, nor control the acts or omissions of, any employer, transportation carrier, hotel or accommodations provider, tour organizer, owner or agent of any housing, or other provider of food, goods or services involved in the Pilgrimage. The Participant further acknowledges and understands that NSP does not in any way warrant or represent as to the conditions or standards of the living arrangements for the Participant nor assure that different participants on the Pilgrimage will have equal accommodations or accommodations. 

If the Pilgrimage involves international travel, Participant acknowledges and understands that foreign travel presents additional risks, which can include, among others things, unfamiliar or different terrain, climate, food and drink, customs, laws, social and sexual mores, safety practices and regulations; social, political, legal, medical, safety and economic conditions; difficulty in communication or transportation, criminal and law enforcement activities, acts of war or terrorism, disability access, driving practices, disease risks, including contagious diseases, viral or bacterial infections, and animal, food, water, or insect borne diseases or infections, and unavailability of and/or the limited scope and quality of healthcare services. 

The Participant understands that Participant is responsible for investigating and evaluating the risks that the Participant may face, including but not limited to inherent risks. If the Pilgrimage involves international travel, this includes, without limitation, responsibility for 

(1) reviewing the websites of the Centers for Disease Control and Prevention of the U.S. Department of Health and Human Services (“CDC”) and the U.S. State Department concerning health and other travel risks, cautions and warnings, and recommendations, and (2) consulting with a physician or appropriate specialist for advice on the risks in the travel and recommendations for appropriate precautions. If the Pilgrimage involves international travel, the Participant represents to NSP that Participant has investigated the travel risks, consulted with others and evaluated the risks, and taken all health precautions for the Participant they deem necessary or advisable. The Participant agrees that any activities the Participant may take part in, whether as a component of the Pilgrimage or separate from it, will be considered to have been undertaken with the Participant’s understanding of any and all risks involved. 

The Participant acknowledges and understands that they are responsible for requesting any additional information they need to determine whether the Participant will enroll and participate in the Pilgrimage, and for determining the Participant’s suitability for participation in the Pilgrimage. Participant acknowledges that NSP’s staff has been available to answer questions about the nature and demands of these activities and their inherent and other risks. 

Assumption of Risks and Release from Liability 

By signing this Agreement, the Participant on behalf of themselves, and for the respective heirs, executors, administrators, representatives, successors and assigns of the Participant, with only those exceptions described below, fully ASSUME ALL RISKS, inherent and otherwise, whether or not described above or in the Pilgrimage Description, and RELEASE AND DISCHARGE, COVENANT NOT TO SUE, AND INDEMNIFY AND HOLD HARMLESS NSP, its officers, directors, shareholders, staff, administrators, employees, volunteers, contractors, agents, assigns and representatives under the direction and control of NSP and its third party providers (collectively, the “Released Parties”) from and against any and all present or future claims, and for their respective attorney’s fees, arising in relation to the Pilgrimage for liability, damage, injury or loss whatsoever, including, but not limited to, property loss or damage; inconvenience, shortened trip duration, trip cancellation or interruption for whatever reason; serious or permanent bodily injury or death (whether sustained in connection with any reasonably necessary medical care, hospitalization or surgery undergone while participating in the Pilgrimage or

otherwise); war or other hostilities; default or negligence of any third party in-country hosts, any company or person engaged in carrying out any arrangements in connection with the Pilgrimage; or for any costs, fees, fines, penalties and additional expenses of any kind, unless such damage, injury or loss is the sole and direct result of (a) the reckless, willful or wanton misconduct or (b) the gross negligence, of the Released Parties. 

Conduct and Adherence to Standard 

The Participant acknowledges and understands that, as a participant in the Pilgrimage, the Participant represents NSP; is expected at all times to comport themselves in a safe, prudent, appropriate and respectful manner; to follow any and all instructions of the designated NSP employee (“Facilitator”) or representatives of NSP; and to abide by NSP’ standards, rules and policies, which may be provided to Participant in writing, or as articulated by the Facilitator. 

A Participant who violates NSP rules and policies or fails to comply with the instructions and guidance of the Facilitators will be subject to NSP disciplinary action up to and including termination of participation in the Pilgrimage. Any such decision by NSP is final and the Participant understands that there will be no refund of any Pilgrimage fees or related expenses and that they will bear sole responsibility for any return transportation costs. 

If the Pilgrimage involves international travel, the Participant further acknowledges and understands that the Participant will be subject to the laws of the country in which the Participant is traveling, In the event that the Participant, while participating in the Pilgrimage, becomes involved in a legal conflict in the host country that is not the direct result of a directive of NSP, the Participant understands and agrees to assume all responsibility therefor and further agree that NSP is not responsible for providing or covering any related legal assistance or expenses. 

Financial Obligations 

With regards to fees associated with the Pilgrimage, Participant will pay the amounts due by the specified date(s) and will abide by NSP’s refund policies contained herein. 

Participant’s Suitability to Participate in the Pilgrimage 

The Participant acknowledges that prior to enrollment in the Pilgrimage, the Participant has been advised to consult with a medical doctor regarding their personal medical needs and is aware of all applicable medical needs. Participant represents that they have provided complete and accurate medical information to NSP on the Medical Disclosure and have made NSP aware of any physical, psychological, or emotional conditions that might render the Participant unable to participate in the Pilgrimage and its activities, or that might otherwise cause the Participant’s participation to present a risk or danger to themselves or to other participants. The Participant also understands and agrees that completion of the Medical Disclosure is a prerequisite to participation in the Pilgrimage. 

Immunizations and Health Insurance 

The Participant understands that they are responsible for obtaining any recommended or required immunizations for the Participant before traveling and participating in the Pilgrimage. The participant agrees that they are vaccinated against the COVID-19 virus and has received the recommended boosters. 

The Participant is required to have appropriate and adequate travel insurance, evacuation insurance, health insurance, accident disability and hospitalization coverage for international travel for the duration of his or her participation in the Pilgrimage. Failure to carry appropriate coverage may result in the delay or denial of necessary medical treatment. If the Participant has medical insurance and has a valid insurance identity card, they should carry proof of the same during the Pilgrimage. The Participant is responsible for reviewing the Participant’s insurance coverage prior to the Participant’s departure for the Pilgrimage. The Participant is responsible for payment of any medical care not covered by insurance. 

Below are some potential expectations NSP could have in terms of covid safety. We reserve the right to ask Participant to adhere to any or all of the following:

• Wearing masks indoors or outdoors, no matter group size

• Social distancing, both indoors and outdoors 

• Getting proof of a negative COVID-19 test within a certain number of hours before arrival

• Getting a negative COVID test upon arrival at the destination

Medical Treatment

The Participant understands that during the Pilgrimage, an emergency may develop that necessitates medical care, hospitalization or surgery. Wherever possible, an NSP representative or agent will contact the individual(s) designated as emergency contact(s) on the Medical Disclosure Form prior to such treatment. The Participant understands that, depending upon the nature of the emergency, however, making such contact may not always be practicable. The Participant hereby authorize(s) NSP, the Facilitator(s), its employees, representatives, affiliates and third party providers, to act to safeguard the Participant’s health and safety and to secure any necessary emergency medical treatment, including the administration of anesthesia and surgery, and to disclose any medical information regarding the Participant that is known to NSP. The Participant agrees to assume responsibility for the cost of any and all such treatment and to reimburse NSP for any expenses that may be incurred on account of such treatment, including return transportation costs to the United States. The Participant acknowledges and understands that the Facilitator(s) are not medical professionals and are not trained or required to provide medical treatment. 

Publicity and Media Release 

Participant hereby grants to NSP, its legal representatives, assignees, and those acting under its authority, the unrestricted and perpetual right and permission to copyright, use, and/or publish pictures, recordings, and/or voice prints of the Participant, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving, or video format, in which Participant may be included in whole or in part, composite or distorted in form, and reproductions thereof, in color or otherwise (the "Images"), in any media for advertising or any other lawful purpose. The Participant hereby waives and relinquishes any and all intellectual property rights that they may have in connection with such use and hereby release NSP and its representatives from all claims and liabilities relating to use of said photographs, videos, images, statements or voice prints. 

Independent Contractors 

NSP may contract with one or more independent contractors to provide services or equipment for the Pilgrimage or for a Participant, and the Participant agrees that the independent contractor and not NSP is responsible for any claim arising from the services and equipment provided by the independent contractor. 

Pilgrimage Modification and Cancellation 

The Participant understands and acknowledges that NSP reserves the right, in the case of unforeseen circumstances such as, but not limited to, fluctuations in monetary exchange rate or air transportation costs, to raise Pilgrimage fees. The Participant further understands and agrees that, although NSP will attempt to maintain the Pilgrimage as described in the Pilgrimage Description, it reserves the right to modify, suspend or cancel the Pilgrimage for any reason, whether before or during its operation. This includes altering venue location and Pilgrimage staffing. Decisions to modify, suspend or cancel a Pilgrimage are made by NSP, in NSP’s sole discretion. 

Cancellation Policy is as follows with regard to Pilgrimage fees: 

1. Suspension or Cancellation of Pilgrimage by NSP 

If NSP suspends or cancels a Pilgrimage, whether before or after it commences, NSP will refund the Pilgrimage fee, minus any costs that NSP is unable to recover. 

The Participant understands and acknowledges that NSP makes no assurance that fees connected with travel will be recoverable and/or refundable and therefore recommends the purchase of trip cancellation insurance at the Participant’s own expense. 

2. Participant Voluntarily Withdraws from the Pilgrimage 

If NSP does not suspend or cancel a Pilgrimage but the Participant chooses to withdraw from the Pilgrimage for any reason, and at any time prior to the onset of, or during, the Pilgrimage, it is understood that the Participant will be responsible for all non-recoverable contractual obligations.

If Participant withdraws after payment of Pilgrimage Fee: No full refund can be guaranteed; however, NSP will work with participants on a case-by-case basis. The likelihood of a refund diminishes the later the Participant chooses to withdraw. 

3. NSP Terminates Participant’s Participation in the Pilgrimage 

A Participant's acceptance into and participation in the Pilgrimage is entirely at the discretion of NSP. If NSP does not cancel the Pilgrimage, but terminates the Participant’s participation in the Pilgrimage because of their failure to abide by all standards, policies, rules, and regulations of NSP, or by all rules, regulations, and laws of the countries to be visited, or because the Participant’s conduct is deemed inappropriate or detrimental to the best interests of the Pilgrimage, or because of any emergency, or health or safety condition or consideration regarding the Participant, as determined by NSP, in its sole discretion, then the Participant are not entitled to any refund. Additionally, in such circumstances, NSP will arrange for the Participant to return home, and the Participant understands that they are responsible for the costs of any return transportation, and NSP is not required to make any refund of such costs. 

Departure from the Pilgrimage 

If the Participant does not plan to return with the Facilitator and other participants at the end of the Pilgrimage, the Participant must advise NSP well in advance and coordinate arrangements with the Facilitator for the Participant’s departure from the Pilgrimage. The Participant should note that it may not be possible to arrange for requested deviant travel accommodations. 

Indemnification for Participant’s Actions 

Participant hereby agrees to indemnify, defend, and hold harmless NSP, its directors, officers, agents, or employees, from and against any and all third-party claims, demands, losses, causes of action, damage, lawsuits, and judgments (including attorneys’ fees and costs) that may arise wholly or in part from the acts or omissions of Participant. 

Force Majeure 

A Party will not be liable for any failure of or delay in the performance of this Agreement, other than payment obligations, for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, riot, explosion, acts of terror, nuclear incidents, fire, flood, earthquake, disability or prolonged illness of the Facilitator, severe weather, strikes or labor disputes, embargoes, government orders or any other catastrophic event beyond the reasonable control of the affected Party 

Governing Law; Forum and Venue 

This Agreement shall be construed in accordance with, and governed by, the laws of the Commonwealth of Massachusetts, notwithstanding its choice of law principles. In the event of any controversy, claim, dispute or question concerning this Agreement in any respect (“Dispute”) between the NSP and the Participant (“Disputing Parties”), which cannot be otherwise informally resolved by the Disputing Parties themselves, the Disputing Parties will utilize the procedures specified in this paragraph (the “Procedure”) to resolve the dispute. The Disputing Party seeking to initiate the Procedure (the “Initiating Party”) shall give written notice to the other party, describing in general terms the nature of the Dispute and the Initiating Party’s claim for relief. The Disputing Party receiving such notice (the “Responding Party”) and the Initiating Party shall meet at NSP’ offices at a mutually acceptable time within ten (10) business days of such receipt to attempt to settle the Dispute. The Disputing Parties agree to participate in good faith to resolve the Dispute. If the Dispute has not been resolved within five (5) business days from the date of their initial meeting, either of the Disputing Parties may submit the Dispute to binding arbitration proceedings administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. The Venue for the mediation or arbitration shall be in Suffolk County, Massachusetts. The Disputing Parties shall equally bear and pay all costs of arbitration proceedings

hereunder. The prevailing party shall be entitled to reimbursement for costs and reasonable attorney's fees. 

Severability and Assignment 

The Participant understands and agrees that, if any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or applications. To this end, the provisions of this Agreement are declared severable. Neither Party may assign this Agreement, in whole or in part, and any attempt to do so shall be null and void. 

Notice 

Any notice required or permitted under the terms of this Agreement or required by law must be in writing and must be delivered as follows, with notice deemed given as indicated: (a) delivered in person, when actually delivered; (b) sent by overnight courier, upon written verification of receipt; (c) by facsimile transmission or email using Portable Document Format (PDF), upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt, to the Participant or NSP, at the applicable address set forth below the signature line of this Agreement. Either Party may change its address for notices by notice to the other Party given in accordance with this Section. 

Construction, Scope of Agreement, and Counterparts

The language of all parts of this Agreement will in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. This Agreement is the entire and complete agreement of the parties relating in any way to the subject matter hereof. This Agreement supersedes any earlier written or oral understandings or agreements between the parties. This Agreement may be executed in one or more counterparts, but each such counterpart will be deemed an original, and all such counterparts together will be deemed to constitute one and the same agreement. 

Each Party to this Agreement represents and warrants to each other Party that such Party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such Party's own judgment and advice of independent legal counsel. 

Consent of Participant

The Participant signals agreement to this Participant Agreement in their personal online registration form and confirms that the Participant has read this “Participant Agreement, Including Acknowledgement and Assumption of Risks, Release from Liability, Covenant not to Sue, and Indemnification” and the Pilgrimage Description.

The Participant agrees that they have completed the Medical Disclosure Form fully and accurately. The Participant fully understands their terms and further understands that by signing this Agreement, the Participant is giving up substantial legal rights.