Retreat Release And Waiver Of Liability
By registering for our online retreat: Renew & Awaken Self-Care Virtual Retreat on April 25, 2021, with Rachel Gonzalez, Sama Tree; Francine Ang, Soulful Om; Kim Sautter Ramos; Mindi Sheer, Dance Ecology, I hereby agree to the following:
1. I am participating in yoga, meditation, somatic movement, sound therapy, other exercises and healing arts activities (collectively, the “Activities”) offered by Rachel Gonzalez, Sama Tree; Francine Ang, Soulful Om; Kim Sautter Ramos; Mindi Sheer, Dance Ecology (“Retreat Presenters”) and/or its owners, instructors, teachers, workshop presenters, employees and independent contractors.
2. I recognize that I must be in good physical and mental health to participate in the Activities. I understand that the Activities require physical exertion and I represent and warrant that I am physically fit and I have no medical condition which would prevent my full participation in the Activities. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Activities. If I have consulted a physician, I have taken the physician’s advice. I will follow all instructions by the Retreat Presenters so that I may safely participate. I understand that the Retreat Presenters reserves the right in its absolute discretion to refuse my participation in an Activity on medical or fitness grounds.
3. I am in proper physical condition to participate in the Activities, and I am aware that participation could, as in the case with any physical activity, the risk of injury, even serious, disabling, is always present and cannot be entirely eliminated. If I experience any pain or discomfort, I will listen to my body, adjust or come out of the posture, and ask for support from the teacher. I hereby assume the entire risk of any personal physical or psychological injury, damage, loss, harm, death, claim, medical expense and any other type of expense that might occur during or as a result of my participation I understand that it is my continuing responsibility to inform the Retreat Presenters of any previous medical conditions, injuries or surgeries prior to the retreat and any future changes to my medical condition.
4. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities with the Retreat Presenters.
5. In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claims” (as defined below) I may have against the Retreat Presenters, its owners, members, employees, and/or its instructors, teachers, employees, volunteer staff, interns, and/or independent contractors and the landlord of the Retreat Presenters (each, a “Released Party”) for any Claim that I may sustain as a result of participating in the Activities at the Retreat Presenters even if the Claim arises from the carelessness or negligence of any Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
“Claims” include but are not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my children may suffer or that my unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
6. I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
7. The Renew & Awaken Self-Care Virtual Retreat is currently streamed/delivered by Zoom Video Communications, Inc. (“Zoom”), which is a third party provider of the Zoom application. The Retreat Presenters are not responsible or liable for any aspect of the Zoom application, or the operation or use thereof. See the website, www.zoom.us for information regarding Zoom and the Zoom application. The Retreat Presenters are not a party to any user agreement or terms and conditions between a participant and Zoom, including, without limitation, any privacy policy or terms of use, all of which are accepted by a participant. Zoom is solely responsible for all matters regarding the Zoom application, including, without limitation, application functionality, terms of service, and any claims that you may have related to the Zoom application or the operation or use thereof. The Retreat Presenters reserves the right to change technology platforms from time to time without notice, and the foregoing shall apply to such substitute technology provider and platform substituting such provider’s name.
The Retreat Presenters do not warrant uninterrupted or error-free operation of the Retreat or any related service. The Retreat Presenters are not responsible for technical failures of any kind, including but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware or software; or the unavailability or inaccessibility of any website, application or service.
8. It is Rachel Gonzalez, Sama Tree/Francine Ang, Soulful Om/Kim Sautter-Ramos/Mindi Sheer, Dance Ecology, intention to ensure that all participants have a safe and positive experience. Participants are expected to behave in an orderly and socially acceptable manner during the retreat/event. Rachel Gonzalez/Francine Ang, Soulful Om/Kim Sautter-Ramos/Mindi Sheer and their assistants reserve the right to remove any participant from the retreat/event if they behave in a manner unreasonable or disruptive towards the well being of other participants or the presenters/teachers with no refund, exchange, or credit.
9. Our cancellation policy is strict and firm. Cancellations prior to March 31, 2021 will be 100% refundable (minus any booking fees). Cancellations on or before April 4, 2021: The remainder of your payment will be refunded to you minus the cancellation fee of $25 + any booking fees). Any cancellations made after April 5, 2021, are 100% non-refundable and non-changeable (but may be transferable to another party for this event only up to three days prior only).
10. Unless otherwise specified, I would like to be added to the Retreat Presenters email list. We will not share or sell any information collected.
11. This agreement shall be construed in accordance with, and governed by, the laws of the State of California.
I acknowledge that this is a legal document and I am of legal age. I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware and understand that by signing this agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party.