Name of Retreat: The Recovery Empowerment Retreat
Type of Retreat: Emotional Wellness Retreat
Retreat Activities:
Location:
Organized by: The Perfect 10 Sex & Recovery LLC
Phone number: 678-702-4948
Email: info@theperfect10sxnrecovery.com
AGREEMENT OF RELEASE AND WAIVER OF LIABILITY I hereby agree to the following: This Waiver will bind and be enforceable against me and all of my personal representatives. I agree that this Retreat Waiver should be enforceable to the fullest extent of the law, and if any portion is held invalid, the remainder should continue in full legal force and effect.
I specifically acknowledge and agree that this document is not intended to be a general release which would be limited under some state and local laws.
This Retreat Waiver shall be construed and interpreted as broadly as possible in the applicable jurisdiction.
Code of Conduct: First and foremost, our retreat (the “Retreat”) is dedicated to providing a harassment-free experience for everyone. “Harassment” includes, but is not limited to offensive verbal comments related to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion, technology choices, sexual images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. We do not tolerate harassment of Retreat participants in any form, including at talks, workshops, parties, on Twitter and other online media, by any party, including Retreat partners. Participants asked to stop any harassing behavior are expected to comply immediately. Participants violating these rules may be sanctioned or expelled from the Retreat without a refund at the discretion of the Retreat organizers.
If you are harassed, notice that someone else is being harassed, or have any other concerns, please contact a member of retreat staff immediately. Retreat staff will be happy to help participants contact hotel/venue security or local law enforcement, provide escorts, or otherwise assist those experiencing harassment to feel safe for the duration of the experience. We value your attendance.
Assumption of Risk: I understand and am aware that my participation in the Retreat involves risks. These risks may lead to tangible or intangible harm., and I agree that they may result not only from my own actions but also from the actions of others. With the knowledge and understanding of these risks, I choose, of my own will and volition, to participate in the Retreat.
I am also aware that there are risks that I may not have considered, yet I wave my right to any claims that may occur from theses un considered risks and I choose, of my own will and volition, to participate in the Retreat.
Waiver of Unknown Claims : Participant has read Section 1542 of the California Civil Code, which provides as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Participant understands that Section 1542 allows that Participant not to release existing claims of which the Participant is presently unaware, unless the Participant voluntarily chooses to waive this right. Having been so apprised, Participant nevertheless hereby voluntarily elects to, and does, waive the rights described in Section 1542, and elects to assume all rights for claims that now exist in the Participant’s favor, known or unknown, for the subject of this Agreement.
Indemnification: Participant shall defend indemnify and hold harmless Within, including affiliates and each of their respective officers, directors, shareholders, employees, representatives, agents, successors and assigns from and against all claims of third parties, and all associated losses, to the extent arising out of (a) Within’s gross negligence or willful misconduct in performing any of its obligations under this Agreement, or (b) a material breach by Within of any of its representations, warranties, covenants or obligations under this Agreement.
Non-Assignment: You may not sell, assign, or transfer any of its rights or obligations hereunder, and any attempt to sell, assign, or transfer such rights or obligations without the Company’s prior written approval will be null and void. All terms and conditions in this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective permitted transferees, successors, and assigns.
Representation: I am over the age of 18 and I am physically, medically, and emotionally able to participate in the Retreat.
Media Release: You understand and agree that the Company may collect, record, publish, post, transmit, and/or display my name, image and likeness and quotes, and testimonial (this includes name, biographical information, likeness, portrait, image, picture, voice, quotes, all or parts of interviews and information obtained from interviews) (collectively the “Media”) for any purpose. You hereby voluntarily release and hold harmless the Company, its directors, employees, and agents acting officially or otherwise, from all manner of suits, actions, claims, demands, and liabilities which may arise from such Media participation. This release applies to any and all media known, and hereafter devised, in perpetuity throughout the universe. You understand that all media remains the property of the Company, and waive all rights to original Media, copies of Media, royalties, entitlements, payments, or any other compensation or quid pro benefits which might arise from the Company’s acquisition, storage, display, publication, posting, or distribution of media as described herein. You understand that this Agreement constitutes a full and complete waiver of all possible claims of any nature whatsoever, including claims of negligence, personal injury or property loss, or damage, arising out of said Media participation.
Refunds: We understand that plans can change and your retreat may have to wait. I understand that the $75 deposit for the retreat is final with no refunds and the balance of my payment is due by September 10th, 2022. Cancellation fees will apply due to associated costs such as the catering service, accomodations, special guests, swag etc. I agree that all cancellations made less than three weeks in advance of the retreat be paid in full and that I may transfer my spot to another person. Exclusion of Participation: In the unfortunate circumstance, if a guest conceals physical and/or health issues, is unfit, and/or causes disruptions that endanger the provision of the service and/or the health of other participants,facilitators, or equipment the guest can be excluded from the participation of the Retreat after an initial warning. If the situation arises, the contract will be terminated without further notice, already paid costs are non-refundable and incurring costs are to be paid by the guest. I have read the above release and waiver of liability and fully understand it’s contents as well as the Refund/Cancellation Policies. I voluntarily agree to the terms and conditions stated above.
Governing Law: This Retreat shall be governed by and construed with the internal laws of California without giving effect to any choice of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and the venue of the federal and state courts located in the following county in any legal suit action or proceeding arising out of or based upon this Retreat Waver: Riverside County
I have read the above Retreat Waiver fully and I understand and agree to its contents. I understand and agree that by signing this Retreat Waiver I forfeit any right, claim or ability to hold the Organizer responsible for any tangible or intangible damages, loss of property, or loss of life that may occur during or after my use of the facilities and participation in the Retreat.