Consent, Release, Waiver, and Disclaimer
By enrolling in the Retreat, you hereby agree to the following:
- You voluntarily desire to participate in the Retreat and you take full and sole responsibility for your life and well-being and all decisions made before, during and after the Retreat.
- You acknowledge that you are choosing to participate voluntarily in Program Activities at the Retreat and you recognize that these Program Activities may contain certain inherent risks. You represent that you are in good health and you understand that you may decline from participating in any of the Program Activities if you deem it to be in your own best interest. You voluntarily and expressly assume the risks of the Retreat and all Program Activities.
- You understand that you are responsible for reading all information provided by the Retreat Facilitators before and during the Retreat, including any and all Agreements, schedules, policies, procedures and notices related to the Retreat, including travel and Program Activities.
- You agree to observe and obey all posted and announced rules and warnings, and further agree to follow any instructions or directions given or provided by the Retreat Facilitators, the Venue or either of their representatives or agents.
- You understand that the information provided at or in conjunction with the Program Activities and Retreat is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, therapist, licensed dietitian or nutritionist, or any other licensed or registered mental or physical health care professional. You understand that the Retreat Facilitators are not acting in any capacity as a medical or mental health care provider. You understand that the Retreat Facilitators are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body during the course of the Retreat. Rather, the Retreat Facilitators are serving in their capacity as a Retreat Facilitator, guide, educator, and mentor.
- You understand that you may be provided with food and possibly other products while at the Retreat and you agree to disclose to the Retreat Facilitators in advance any known or suspected allergies or food sensitivities at least 60 days prior to the Retreat by sending an e-mail to the Retreat Facilitators at addmagic@seryna.ca. You understand the Retreat Facilitators do not and will not have any responsibility or control over food preparation or contamination; therefore, you agree that the Retreat Facilitators are not liable for any act, default or omission of the Venue, Venue staff, or any outside supplier related to the food or products provided at the Retreat.
- You also agree to disclose in advance any physical limitations that may impact your breathing or movement, skin reactions or issues, or any other health or mental condition that may be affected during the Retreat. If you suspect that you have a medical or mental health problem, you agree to inform the Retreat Facilitators, the Venue and/or their agents immediately.
- You agree to seek the advice of your physician or another qualified health care professional prior to and during the Retreat regarding any questions or concerns you have about your specific health situation, possible or actual pregnancy, known or suspected food or other allergies or sensitivities, dietary restrictions, or any medications you are currently taking. You understand that you are advised to speak with your own physician or mental health provider before attending the Retreat or implementing any Program Activities. You agree to not disregard or delay seeking professional medical advice or stop taking any medications without speaking to your own physician or mental health care professional.
- At any time before or during the Retreat, should you know or feel that you may cause imminent harm to yourself, other participants, the Retreat Facilitators, or any other person, you understand and agree that you are immediately obligated to let the Retreat Facilitators know, and to remove yourself from the situation in a peaceful and cooperative manner; otherwise, you consent that you may be asked to not attend the Retreat, leave the Retreat, and/or have immediate physical or mental health care administered to avoid causing mental or physical harm to yourself or others. You agree that the Retreat Facilitators reserve the right to decline accepting or retaining you if your physical or mental health or actions in the Retreat Facilitators’ sole judgment might impede the Program Activities or Retreat or the welfare or enjoyment of the experience by the Retreat Facilitators, their agents, Venue staff, or other attendees.
- You consent to the application of first-aid or other medical or mental health services to be applied if needed in connection with an emergency health problem or potentially harmful situation during the Retreat, and you agree to hold the Retreat Facilitators harmless as a result of any such injury or damage you may suffer due to the application of medical or mental health services or treatment. You fully understand that first-aid or other medical or mental health services may not be readily available based on circumstances outside of the Retreat Facilitators’ control.
- You also agree and consent that the Retreat Facilitators or their agents may contact your Emergency Contact as shown on the bottom of this form for any physical or mental health reason and may disclose the circumstances surrounding that reason, if they deem it necessary, without liability and based on their sole discretion.
- You acknowledge that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use or non-use, of any information provided before, during or after the Retreat, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from the Program Activities and Retreat to your life, family or business. You fully agree that there are no guarantees as to the specific outcome or results that you can expect from using the information you receive on or through the Program Activities and Retreat, including no guarantees that you will have any other specific result.
- As with all situations, you understand that there are sometimes unknown individual risks and circumstances that can arise during the Program Activities or Retreat that cannot be foreseen or controlled by the Retreat Facilitators. You understand that attending and/or participating in the Program Activities and Retreat is to be taken fully at your own risk, recognizing that there is a rare chance that illness, injury or even death could result.
- You understand and agree that the Retreat Facilitators are not responsible for travel reservations, airfare, accommodations, fees, taxes, tips, passports, visas, customs documents of entry, immunizations, or any other necessary or recommended paperwork or procedures that are required by the laws, regulations, orders and/or requirements prior to or during inside or travel outside of Canada. You understand that you are responsible for booking travel including flight and accommodations (which is recommended at least 30 days in advance), to and from the Retreat. You are also responsible for bringing proper identification, which may include a valid passport, visa or other paperwork, that is valid for the requisite amount of time pre-travel and post-travel as required by the laws of your home country and the laws of the country where the Retreat is being held. You understand that you are responsible for obtaining the appropriate medical and trip/flight cancellation insurance and for knowing its applicability in the location where the Retreat is being held, if such insurance is so desired.
Limitation of Liability, Indemnification & Release of Claims
By attending and/or participating in the Program Activities and Retreat, you agree to absolve the Retreat Facilitators of any damage, liability or loss that you, or any other person, may incur from use of the information, products or materials that you receive before, during or after the Retreat and Program Activities. You agree that the Retreat Facilitators will not be liable to you, your family, dependents or heirs, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for your participation in or reliance on the Program Activities or Retreat, or for your own personal emergencies, legal situations, theft or loss of belongings or luggage, or any food, travel, or use of the Venue premises during or outside of the provided Program Activities or Retreat, at any time now or in the future, with the exception of gross negligence by the Retreat Facilitators or Venue or otherwise provided by law.
You agree that the Retreat Facilitators do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental diseases, allergies, sensitivities, conditions or issues, or any other type of loss or damage due to any act, default or omission by the Retreat Facilitators, Venue, or anyone acting as the Retreat Facilitators’ or Venue’s agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with the Retreat Facilitators’ businesses or who is engaged in delivering programs, products, or services during or related to the Program Activities and/or Retreat.
You agree now that you fully and completely hold harmless, indemnify and release the Retreat Facilitators and any of the Retreat Facilitators’ agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with the Retreat Facilitators’ businesses from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that were to arise in the past, present or future by you, your family or heirs, your business or company, or any other third party or entity for any action, default or omission in any way related to the Program Activities and Retreat.
In no event will the Retreat Facilitators be liable to you or to any party for any direct, indirect, special, incidental or consequential damages for any use of, non-use, or reliance on this Retreat, the Program Activities, or its information, programs and/or services, including, without limitation, personal injuries, accidents, misapplication of information, or any other loss, malady, disease or difficulty, or otherwise, even if you are expressly advised of the possibility of such damages or difficulties, whether caused by the fault of you, the Retreat Facilitators, other attendees, other third parties, a force majeure, or any other act or circumstance outside of the control of the Retreat Facilitators.
You agree to act in a manner that is respectful and considerate of the Retreat Facilitator, all other Retreat attendees, the Venue staff, other third parties, and the facilities, and you agree to follow all laws, regulations and ordinances. You agree to pay for all damages to others and/or the facilities caused by any negligent, reckless, or willful action that you may take.
Other Important Terms
Notice: All correspondence or notice required regarding the Retreat or this Agreement shall be made to us at addmagic@seryna.ca and to you at the e-mail address in the signature block below. Should your e-mail address or contact information change at any time throughout the course of the Program, it is your responsibility to provide your new contact information to us within 72 hours of any such change.
Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time if the amendment is made in writing and is signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else. The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement. In the event that any part of this Agreement is deemed invalid or unenforceable, it shall not affect the validity or enforceability of any of the remaining portions of the Agreement which shall be severed and remain in full force.
Governing Law: This Agreement shall be construed according to the laws and regulations of the Province of British Columbia where 1369888 B.C. LTD. (DBA: Seryna Myers - Sacred Soul Sisterhood) is based.
Dispute Resolution: It is hoped that should we ever have any differences, we could be able to work them out through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the Canadian Arbitration Association Rules. Prior to seeking arbitration, you must submit your complaint to me with full details about your dissatisfaction via e-mail to me at my e-mail address below. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No award of consequential or of any other type of damages may be granted to you. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Nanaimo in the Province of British Columbia where 1369888 B.C. LTD. (DBA: Seryna Myers - Sacred Soul Sisterhood) is located and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
Non-Disparagement: In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including social media, designed to disparage the Program or us, including the Overnight Retreat and our individual businesses. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.