General Release, Waiver of Liability, Hold Harmless Agreement, and Release of Liability & Assumption of All Risks
By making a booking with Thrive Bootcamp, and Jennifer Milne (together hereafter “Thrive Bootcamp”), you accept on behalf of yourself and all those named on the booking, including minors and persons under a disability to be bound by these Terms and Conditions and the General Release, Waiver of Liability, Hold Harmless Agreement, Release of Liability, and Assumption of All Risks. The person making the booking accepts all risk for each person named in the booking.
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I understand that Thrive Bootcamp sponsors or offers a variety of activities, including sailing, skiing, adventure travel, cultural activities, fitness, yoga, and exercise classes, water sports and other sports, various types of travel and social events in the United States and around the world. I am fully aware that many of Thrive Bootcamp’s activities are inherently dangerous activities, which involve the risk of serious injury or even death. These inherent risks may be unforeseen. I agree that by participating in any Thrive Bootcamp-related activity, I am responsible for my own safety and welfare and agree that I knowingly and voluntarily assume the full risks involved in any such activity.
Thrive Bootcamp operates this program solely as an independent contractor. The services described in Thrive Bootcamp documents, including without limitation transportation, lodging, and sight-seeing, are provided by the carriers, hoteliers and other suppliers that are independent contractors and not agents for, nor employees, partners or joint ventures of Thrive Bootcamp. Thrive Bootcamp is not responsible for any loss of, or damage to property, or death, or injury resulting from any act or omission of any supplier providing any tour service or any other person or entity, or caused by strike, war, weather, quarantine, sickness, government restriction or regulation, or any other cause beyond its reasonable control. You, the passenger, waive any rights which you may have against Thrive Bootcamp in connection with the foregoing. Under no circumstance is Thrive Bootcamp to be construed as a carrier under contract for safe carriage of the passenger or his or her baggage and belongings. Thrive Bootcamp shall be responsible to the client for supplying the services and accommodations offered on the client's invoice / itinerary except to the extent such services and accommodations cannot be supplied due to causes beyond the control of Thrive Bootcamp. This duty arises out of contract between the client and Thrive Bootcamp and there are no other implied or expressed duties outside of said contract.
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I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with all Thrive Bootcamp activities, including boating activities, transportation of equipment related to the activities, and traveling to and from activity sites of which I am about to engage in. Inherent hazards and risks include but are not limited to:
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Possible equipment failure and/or malfunction of my own or others' equipment.
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Running into objects, persons or animals including but not limited to fallen water skiers, jet-skis, barely submerged logs and stumps and other hazards that are not visible.
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Carbon monoxide exposure and/or poisoning from your vessel or others' vessels.
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My own negligence and/or the negligence of others, including employees, agents, independent contractors or representatives of Thrive Bootcamp, including but not limited to operator error.
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Hazards related to boating which include but are not limited to: collision, capsizing, sinking, or other hazards that may result in wetness, injury, exposure to elements, hypothermia, impact of the body upon the water, upon rocks, injection of water into my body orifices, marine life forms, and/or drowning.
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Cold weather and heat related injuries and illness including but not limited to frostnip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
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Exposure to outdoor elements, including but not limited to inclement weather, thunder and lightning, sever and or varied wind, temperature or weather conditions.
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Attack by or encounter with insects, reptiles, and/or animals.
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Accidents or illness occurring in remote places where there are no available medical facilities.
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Fatigue chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
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My sense of balance, physical coordination, and ability to follow instructions.
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Risk of injury from these activities and equipment utilized in boating and other activities is significant including the potential for permanent disability and death.
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Boat capsizes may cause cuts, broken bones and other injuries including death.
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Exposure to water hydraulics, hidden or obvious obstructions, and/or debris found in the water can cause drowning or other harm.
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*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
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I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. I further understand that there may not be rescue or medical facilities or expertise necessary to deal with injuries and damages to which I may be exposed. I am also aware that there is a risk of failure of the operators and their staff - including third party operators - to safeguard or protect me from the risks, dangers, and hazards or the activities.
I understand that while traveling with Thrive Bootcamp, to the destination of my choice, I risk exposure to various health or life threatening dangers, to include, but are not limited to: theft, transportation accidents, natural disasters, social unrest and terrorist attacks; and that Thrive Bootcamp will make reasonable effort to avoid such dangers and/or provide care, in the event I fall victim to these, or similar dangers. I also understand that in so doing Thrive Bootcamp admits to no fault or liability, and therefore I release Thrive Bootcamp from liability from my involvement in any of these dangerous situations. In consideration of the right to participate in a Thrive Bootcamp trip, and the service arranged for me by Thrive Bootcamp and its agents and representatives as introduced through this agreement, I do hereby assume all risks of bodily injury, death, emotional trauma, property damage and/or theft resulting from negligence or any other acts, however caused, and I release Thrive Bootcamp and all of its agents and representatives from any and all liability, actions, causes of actions, suits, debts, demands that I may have for bodily injury, death or property damage, loss of income, and claims of every sort and nature whatsoever, which have or may arise out of, or in connection with my participation in an Thrive Bootcamp trip or other activity.
Medical
By booking a trip with Thrive Bootcamp, you certify that you do not have any physical or other condition or disability that would create a hazard for yourself or other passengers. It is essential that any participant with a medical condition requiring regular treatment notify Thrive Bootcamp and the trip leaders in writing at the time of submission of this form. While Thrive Bootcamp will make reasonable efforts to accommodate special needs we assume no responsibility for medical care. Thrive Bootcamp reserves the right to refuse any client access to, or continuation on, this trip if it deems you are not fit to start or continue. Once you have been confirmed on this trip, medical circumstances will not be considered as exceptions to our cancellation policy. If you are taking medications, it is your responsibility to bring these on the trip. We recommend you bring any medication in its original, labeled container. We also strongly recommend you carry printed copies of all prescriptions, though we cannot guarantee filling medical prescriptions while overseas. If you need prescription eye glasses for any purpose, we recommend you bring at least one extra pair of eye glasses on this trip.
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To the fullest extent allowed by law, I agree that I will not institute any lawsuit or other legal action against Thrive Bootcamp, its officers, directors, delegates, employees, staff, instructors, agents, representatives, servants, or assigns and all organizations and individuals assisting in promoting, conducting or otherwise affiliated with the activity as a result of my participation in or injury from any Thrive Bootcamp -related, Thrive Bootcamp organized, Thrive Bootcamp -advertised, Thrive Bootcamp -sponsored or Thrive Bootcamp -subsidized activity.
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Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration for being permitted to participate in any way in Thrive Bootcamp tours and related activities, I hereby agree, acknowledge and appreciate that:
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I hereby release and hold harmless with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by negligence or otherwise, the following named persons or entities, herein referred to as releasees: Thrive Bootcamp and Jennifer Milne
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To release the releasees, their officers, directors, employees, representatives, agents, and volunteers, and vessels form liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
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By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
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I agree to indemnify and hold harmless Thrive Bootcamp from any loss, liability, damage or costs, including court costs and attorney fees, and other incidental or consequential damages that they may incur due to my participation in said activities, whether caused by negligence or otherwise.
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I understand and acknowledge that Thrive Bootcamp is acting in reliance upon agreements made by me in this General Release in order to extend to me the benefits of membership in Thrive Bootcamp’s activities and that, were I not willing to abide by the terms of this document, such membership and opportunity to participate in Thrive Bootcamp -related, Thrive Bootcamp organized, Thrive Bootcamp -advertised, Thrive Bootcamp -sponsored or Thrive Bootcamp -subsidized activities would not be extended to me
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I hereby agree to release and discharge Thrive Bootcamp, its heirs, executors, administrators, successors and assigns from any and all actions, causes of action, suits, charges and obligations, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against Thrive Bootcamp, I or my heirs, executors, administrators, successors and assigns ever had, now have or hereafter can, shall or may have for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of time to the date of this General Release.
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This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable. I have read this release of liability and assumption of risk agreement, and I fully understand its terms, and understand that I have given up legal rights by signing it, and I sign it freely and voluntarily without inducement. In signing this release, I acknowledge and represent that I have read the foregoing General Release, Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed. This is the entire agreement. No oral representations, statements, or inducements apart from the foregoing written agreement have been made. I am at least eighteen years of age and fully competent; and I execute this Release for full, adequate, and complete consideration fully intending to be bound by same.
I have carefully read this entire Release of Liability and Assumption of All Risks, and I have read the complete Terms and Agreements, including notification of cancellation penalties. I fully understand all contents of this document and agree to same.
Cancellation and Refund Policy
RESERVATIONS: A deposit is required to hold a reservation for an Thrive Bootcamp experience. Deposit amounts vary depending on the experience. Receipt of your initial deposit confirms that you are in agreement with our Terms and Conditions. Final payment is due no later than 60 days prior to departure. For reservations made within 60 days of the departure date, full payment is required when the reservation is accepted. If your final payment is not received by the date it was due, we reserve the right to consider this inaction a cancellation. Cancellation penalties will apply.
CANCELLATION PENALTIES AND REFUNDS: Regardless of reason, cancellations result in costly charges from travel and lodging providers. If you choose to cancel, you will incur these cancellation penalties, which vary depending on the experience. All cancellation requests must be received in writing and the effective date of the cancellation will be the day your cancellation notice is received by mail or email. Cancellation charges are based upon how long before your experience start date the cancellation notification is received. The charges are as follows and calculated at the applicable percentage of the total experience price:
Date of Cancellation
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Deposit Payment
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Balance Payment
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Less than 365 and more than 120 days prior to trip
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Fully refundable
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Fully refundable
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Less than 120 days and more than 60 days prior to trip departure
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Non-refundable
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50% refunded
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Less than 60 days prior to trip departure
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Non-refundable
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Non-refundable
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Example:
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Say you make a $400 deposit on September 1st for a trip departing on February 1st.
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You then pay the remaining balance of $400 on December 1st to cover the trip cost of $800.
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On December 20th you have to cancel. It’s 41 days before the trip departs.
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Your $400 deposit is non-refundable.
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You’ll received 50% of your $400 payment -- the amount you paid that is greater than the deposit.
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Your refund is $200.
About our refund policy.
Needing to cancel your trip is always a bummer. Like most travel companies, our refund policy is structured around how far out the cancellation is from the departure date. The closer the cancellation is to the departure date, the less likely the spot will be able to be filled with a new booking and so it will go unused. No biggie, right? Well the thing is, we work with venue suppliers for all of our trips and when someone books a spot on a trip, we send them an unrecoverable deposit to reserve the room so that no one else takes it. If the cancellation is a long time away from trip departure date, the venue may have time to fill that spot with another booking and could potentially return the original deposit, which we would then refund to you. The likelihood of filling an open spot decreases the closer you get to the departure. When someone cancels close to the departure date, we won’t receive the deposit back from the venue because we’ve asked them to hold the spot for so long when they otherwise could have filled the spot. Hence the timing structure.
We will make every effort to operate all experiences as advertised. We reserve the right to alter or cancel the experience or make reasonable substitutions as deemed necessary. Any savings resulting from these changes will be refunded to you, while added expenses will be covered by us. In the event of cancellation, our liability, if any, shall be limited to and liquidated by a refund or credit to each prospective participant. If an experience is canceled prior to the start date, we will provide you with a refund of your payment; except if cancellation is due to a significant event that makes it infeasible to operate the experience as planned (including, but not limited to, natural or manmade disasters), in which case we will provide you with a credit toward a future Thrive Bootcamp experience that is the equivalent value of the credit that Thrive Bootcamp receives from our travel providers. If we cancel the experience in progress, you will receive a prorated refund based on the number of days not completed. We will not be responsible for any refund for non-refundable airline tickets or for any airline tickets purchased by the passenger directly from an airline or travel agent. While not anticipated, prices on our website may be modified due to unexpected significant events not forecast at the time of publication.
TRIP PRICE INCLUSIONS AND EXCLUSIONS: Our website lists the price and inclusions for each individual itinerary. Both prices and inclusions are subject to reasonable change. If an experience price should increase, you may cancel your trip without penalty if we are notified in writing of your intent to cancel within seven (7) days of notice. All non-refundable charges such as airline tickets, fuel surcharges, and other fees are exempt from this policy. PRICE DOES NOT INCLUDE: Expenses not included in the itinerary, airport taxes, government fees, or other items such as incidentals, passport/visa fees, or items of a personal nature.
ITINERARY VARIATIONS: We will make every effort to operate all experiences as advertised. Situations may arise, voluntarily or involuntarily, that require changes or exceptions that include but are not limited to the airport of departure, airlines, the itinerary, changes caused by weather conditions, hotels or ports of call. On these occasions, we reserve the right to make such modifications and substitutions as deemed necessary.
BOOKING: You are responsible to ensure that your full, official name is provided to us at the time of booking, exactly as it appears on your valid passport. If the trip includes airfare, it can cost up to $200 or more per person for a name change or other ticket adjustments, plus any fare increase if applicable, due to re-ticketing. The airline may deny boarding if your airline ticket does not match your passport.