These days, the explosive growth of the wellness industry—fueled by increased consumer interest in healthy lifestyle choices—presents a prime opportunity for brands to showcase their offerings through “wellness retreats” with perfectly curated relaxation, mindfulness and wellness activities. These luxurious getaways offer ‘r&r’ for guests, and a branding boost for your business. But, the success of a retreat all starts with getting your paperwork in order. Whether a global luxury brand or startup wellness center, it is essential to get organized and understand the various rules and requirements of the locale, and also take steps to protect your brand from the unexpected. Here are some questions to ask, to help your company get started and understand key legal considerations:

• Where will the retreat physically take place? Different countries, states, counties, cities, villages and other jurisdictional locations have their own rules and regulations regarding running events. This can include what type of event is held, what treatments or activities may be offered, zoning restrictions, permitting requirements (including event or seller’s permits), noise ordinances and more. For example, in Indio, California, companies may be required to obtain a “business license” if generating revenue in the local jurisdiction, even if the company is registered out of state or operates a principal place of business in another state. Please also keep in mind that if alcohol is being offered as part of a price package or available for purchase (money being exchanged), then a state alcohol license may be required. It’s important to check in at the most granular jurisdiction level to ensure all the right forms and permissions are obtained in advance. 
• What type of venue will host the retreat? Depending on whether you own, lease or temporarily rent the space where the retreat will take place affects how many contracts your company needs in order to have the rights and permissions to carry out the planned activities. For example, if you own a property, you’ll want to make sure you have the correct and active business licenses to run such a retreat. If you are leasing or renting space (i.e., reserving all or part of a hotel, or renting out a villa), then you’ll need to discuss with the property owner who is responsible for what, including permitting, guest relations, warranties, duties of care, indemnities and liability such as cancellation remedies and compliance with health and safety regulations, and put that all in your contract. 
• Who are you hiring or engaging in connection with the retreat, and what licenses and permits will you or they need to perform the wellness activities? If you are hiring fitness coaches, masseurs, dieticians, entertainment, transportation services, chefs, caterers, food handlers, bartenders or any other type of vendor, you’ll want to thoroughly vet each person/entity to ensure they are the right fit for your retreat and that they have their own proper licensing to provide their services. For example, when it comes to wellness coaches and speakers, even subtle changes in talking points or activities can have a big impact on the licensing required. For example, while offering general tips on health nutrition generally does not require state licensure, states such as California require nutritionists to post a clear and conspicuous notice with exacting language under California law (BPC § 2068) regarding limitations and restrictions on the practice of medicine, and referring to or using the word “dietician” can trigger licensing in numerous states. Similarly, while general information to the entire audience on tips for maintaining a positive mood/healthy sleep may not warrant a license, providing one-on-one personalized advice to a participant may constitute the practice of medicine requiring a state law license. Without offering personalized advice or treatment, no license is likely necessary. Further, if you have any companies or brands providing products or services, then the vendor may need a vendor’s permit. You may also want to work with vendors and partners in advance to co-promote their involvement at the retreat, and to memorialize the commercial details in a contract. Finally, your caterer/food handler may need to complete a certification or obtain a state or local food handler's permit to the requirements of the local jurisdiction.
• Have you looked into the local tax and insurance considerations, as well as general duty of care? Often times, there are nuanced local tax and insurance considerations to account for. It’s important to understand those requirements, and know what you need to charge, obtain and otherwise keep track of. Further, most states impose a general duty of care as a matter of public policy, often codified by statute, which will require retreat hosts to ensure that they have taken reasonable steps to ensure the safety of the premise and their guests. Note that California specifically imposes liability under social host responsibility laws (Civil Code 1714) in which hosts can be responsible for the conduct of their guests if it results in alcohol being consumed by a minor. State and local guidelines also provide for the number of medical staff and, if applicable, lifeguards that should be on premise to ensure guest safety. 
• Last but not least, who is coming to the retreat, what information do you need from them and what do you want them to sign to limit your liability? Before inviting guests, you’ll likely want to decide if the event is open to the general public, or to a specific clientele. Regardless, it may behoove you to have a screening process in place to know who is coming, and help prevent any attendees from joining your retreat if it would not be safe based on their medical or other history. Our clients often turn to us to develop clear and comprehensive event participation terms, conditions and liability waivers outlining inherent risks in the activities and protecting the company against a variety of claims that a disgruntled guest may come up with, including injuries they may obtain that were not your fault or sickness (i.e., COVID, norovirus or any other contagious disease). Non-disclosure and confidentiality obligations may also be important, depending on your attendees and activities. If you’re collecting any personal, sensitive or health data in connection with the event, certain protections must be in place for legal compliance. Also, to help promote your event and future events, we can help come up with various templates, including a publicity release, so that you can advertise all the wonderful pictures and promotional content you shoot at the event.