Release & Waiver

ACKNOWLEDGMENT AND ASSUMPTION OF RISK & RELEASE AND INDEMNITY AGREEMENT

 

Please carefully read all the terms and conditions of this Agreement detailed below before attending a retreat with She Glows Retreats, LLC (hereinafter, “Company”). For and in consideration for being permitted to participate in the Retreat, you (the undersigned) agree to accept and be bound by the terms and conditions set forth herein. 

 

  1. PASSPORT, VISA AND RELATED ITEMS. You are responsible for obtaining and maintaining a valid passport and all appropriate visas, permits, certificates, and/or other required documentation (“Documentation”) for the countries, jurisdictions, parks, areas, etc. you will visit during the Retreat. Company is not responsible if you are denied entry or exit to/from any country or location due to a lack of valid Documentation. 

  2. TRAVEL INSURANCE. We strongly recommend the purchase of travel insurance for the Retreat. You are solely responsible for the cost of any travel insurance and ensuring that you are adequately insured for the full duration of the Retreat with respect to possible illness, injury, death, property damage, loss of baggage and personal items, cancellation and/or curtailment, and/or any other potential losses, damages, costs, expenses, or liabilities (collectively “Losses”). You will be solely responsible for any Losses related to your failure to procure travel insurance.  Company is not responsible for any Losses you incur and/or sustain. 

  3. CHANGES OR CANCELLATION.  Cancellations or refunds by participant are not allowed for any reason and will result in a forfeiture of payments made.  Any outstanding balance due will remain due and need to be paid by the due date.  A transfer of credit to another participant will be honored at the sole discretion of the Company.  If for any reason listed in Section 12(b) of this Agreement Company cancels the Retreat, a refund will not be issued to participant.

  4. PHOTOS, VIDEO, OTHER MEDIA RELEASE. By and in consideration for being permitted to participate in the Retreat, you irrevocably grant Company and its agents and representatives all rights to use, reproduce, display, exhibit, publish, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Company at its sole discretion.  You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. You further understand and grant permission to Company and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings collected as part of, in connection with, and/or during the Retreat (by Company or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, and/or distributed by or on behalf of Company. 

  5. VOLUNTARY PARTICIPATION IN STRENUOUS ACTIVITY. You acknowledge that you are voluntarily participating in the Retreat with Company, which may include strenuous physical activity including without limitation yoga, Qi Gong, hot springs soaks, walking, running, hiking, dancing, climbing, swimming, jumping, and various other exercises or physical activity (“Physical Activity”). You acknowledge that you are fully aware of the risks and hazards connected with participation in the Retreat and/or engaging in Physical Activity, which may include the risk of serious injury (e.g., heart attacks, muscle strains, pulls, tears, broken bones, shin splints, and other illnesses) or death, and you hereby elect to voluntarily participate in such Physical Activities as part of the Retreat. 

  6. HEALTH AND FITNESS ELIGIBILITY. You represent that you are over the age of eighteen (18) and are healthy, in good physical and mental health, and are at a level appropriate to participate in, and are fully capable of participating in, the Retreat. You further represent that you do not suffer from any medical conditions or disabilities that may restrict, limit, prevent, or preclude your participation in the Retreat, including any Physical Activities. You will discuss and address any questions or concerns you may have about your physical or mental health with the appropriate health care professional prior to the Departure Date. Documentation from your physician confirming your clearance to participate in the Retreat can be provided upon request.  If, at any time, you have any doubts about your physical condition or fitness to participate in any aspect of the Retreat, you will cease participation in the same and seek appropriate medical attention. YOU ARE HEREBY ADVISED THAT THE RETREAT MAY TAKE PLACE IN REMOTE AREAS WHERE THERE IS LITTLE OR NO ACCESS TO TRADITIONAL MEDICAL SERVICES OR HOSPITAL FACILITIES FOR SERIOUS HEALTH ISSUES (OR YOUR PARTICULAR HEALTH ISSUES). YOU ARE FURTHER ADVISED THAT ANY MEDICAL OR EVACUATION EXPENSES WILL BE YOUR SOLE RESPONSIBILITY. As a result, we strongly encourage you to purchase travel insurance with appropriate coverage for your needs. We reserve the right in our sole discretion to refuse your participation in the Retreat, any Retreat Classes, Physical Activities, and/or any other activities, due to medical, fitness, or other grounds. Company also reserves the right to deny participation in the Retreat or any related activities at any time to individuals demonstrating behavior that may result in injury to themselves or others. 

  7. ASSUMPTION OF RISK. You understand that serious accidents may occur during Physical Activities, travel to and from the retreat, as well as other activities you engage in while on Retreat, including without limitation yoga and Retreat Classes, and that participants can sustain fatal and/or serious personal injury.  As stated above, the Retreat may take place in a remote location where there is little or no access to traditional medical services or hospital facilities for serious and/or particular health issues. You may also be visiting places where the political, cultural, and geographical attributes of the location present risks and physical challenges that are greater than those present in your country of residence. It is your own responsibility to familiarize yourself with all possible relevant travel information in connection with your participation in the Retreat. Understanding and in full consideration of the foregoing, you agree to solely and exclusively assume full and complete responsibility for and the risks inherent in travel and engaging in Physical Activity (including yoga and Retreat Classes) as well as travel in a foreign country, which may include injury, death, sickness, disease, property damage, and/or any other kind of Liability, whether foreseen or unforeseen, which may occur during your participation in the Retreat. YOU ACKNOWLEDGE THAT YOUR DECISION TO PARTICIPATE IN THE RETREAT IS MADE IN FULL CONSIDERATION OF THE FOREGOING INFORMATION AND THAT YOU SOLELY AND EXCLUSIVELY ASSUME THE RISKS INVOLVED WITH PARTICIPATING IN THE RETREAT. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT. 

  8. INJURY.  In the event you are injured while participating in the Retreat, you agree to assume all financial obligations for any and all medical costs you incur.  You acknowledge and agree that IN NO EVENT SHALL COMPANY AND/OR ANY COMPANY PARTY BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR LIABILITIES ARISING OUT OF YOUR PARTICIPATION IN THE RETREAT. 

  9. WAIVER OF LIABILITY AND RELEASE.  IN CONSIDERATION FOR PARTICIPATING IN THE RETREAT,  YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR AND HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE COMPANY, ITS OFFICERS, MEMBERS, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, GUIDES, AND OTHER REPRESENTATIVES (EACH A “COMPANY PARTY” AND COLLECTIVELY, THE “COMPANY PARTIES”) FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, AND/OR LOSSES (INCLUDING BUT NOT LIMITED TO ANY EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, MEDICAL EXPENSES, LOST WAGES/INCOME, LOSS OF SERVICES, LOST PROFITS, PROPERTY DAMAGE, PAIN, ILLNESS, AND DEATH) (COLLECTIVELY “LIABILITIES”) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR TRAVEL TO AND/OR PARTICIPATION IN THE RETREAT AND/OR ANY ACTIVITIES CONDUCTED IN CONNECTION THEREWITH, REGARDLESS OF WHETHER SUCH LIABILITIES ARE CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. You have been advised and urged to obtain travel insurance to cover against Liabilities resulting from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and your participation in the Retreat. You acknowledge that whether or not you elect to purchase or not purchase travel insurance, you will not look to any of the Company Parties for reimbursement for any Liabilities suffered or occurring during your travel and/or participation in the Retreat. 

  10. INDEMNITY. YOU FURTHER HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY AND ALL LIABILITIES (INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEYS’ FEES) THAT ONE OR MORE OF THE COMPANY PARTIES MAY INCUR AS A RESULT OF YOUR PARTICIPATION IN THE RETREAT, WHETHER CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE (BUT EXCLUDING ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A COMPANY PARTY), TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. 

  11. BINDING EFFECT. It is your express intent that this Agreement shall bind the members of your family and spouse, if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE any of the Company Parties. 

  12. GENERAL

    1. Entire Agreement.  This Agreement constitutes the entire agreement between you and Company, and supersedes any prior agreement, regarding the subject matter herein.  You acknowledge and represent that no oral representations, statements, or inducements, apart from those set forth herein, have been made to you by any Company Party. 

    2. Force Majeure. If Company is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of any Act of God, strike, trade dispute, fire, inclement weather, breakdown, interruption of transportation networks/means, government or political action, acts of war or terrorism, acts or omissions of a third party, or for any other cause whatsoever outside of Company’s reasonable control, COMPANY WILL BE UNDER NO LIABILITY WHATSOEVER TO YOU AND MAY, AT COMPANY’S SOLE DISCRETION, BY WRITTEN NOTICE TO YOU, EITHER CANCEL THE RETREAT OR TAKE ANY OTHER REASONABLE ACTION. 

    3. Choice of Law and Jurisdiction.  You irrevocably agree that this Agreement shall be governed by the laws of the State of Colorado, that any mediation, suit, or other proceeding must be filed or entered solely and exclusively in Boulder, Colorado and that the federal or state courts located in Boulder, Colorado and any courts of appeal therefrom shall have sole and exclusive jurisdiction to settle any dispute arising under or in connection with this Agreement (including any disputes as to this Agreement’s existence or validity).  You waive any objection (on the grounds of lack of jurisdiction, forum non conveniens, or otherwise) to the exercise of jurisdiction by such courts. 

    4. Interpretation.  You acknowledge and agree that this Agreement, including the releases and waivers of liability herein, are intended to be as broad and inclusive as permitted by applicable law.

    5. Severability.  If any portion(s) of this document is/are held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, such portion(s) shall be interpreted and/or reformed without further action of the parties hereto to render them valid and enforceable when applied to the facts at issue and the lawfulness, validity, and enforceability of such provision(s) as applied to any other facts, and the lawfulness, validity, or enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby. 

    6. Waiver. The failure or delay by Company to enforce or exercise any provisions of this Agreement shall not constitute or be deemed a waiver of such provision or any other provisions herein.   Furthermore, any waiver or breach of any provision of this Agreement shall not amount to a waiver of any other provision. 

    7. Headings.  The headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions herein. 

  13. YOU ARE AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO PARTICIPATING IN THE RETREAT, AND ACKNOWLEDGE THAT THIS IS A CONSENT, RELEASE OF LIABILITY AND A WAIVER OF YOUR LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF INJURY, DEATH, SICKNESS, DISEASE, PROPERTY DAMAGE, OR ANY OTHER LIABILITY, WHICH CREATES A CONTRACT BETWEEN YOU AND COMPANY.  BY YOUR SIGNATURE BELOW, IT IS YOUR INTENTION TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, SICKNESS, DISEASE, PROPERTY DAMAGE, AND ANY OTHER LIABILITY UPON YOURSELF, TO THE EXCLUSION OF COMPANY AND ALL COMPANY PARTIES, AND TO EXEMPT COMPANY AND ALL COMPANY PARTIES FROM LIABILITY FOR, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, SICKNESS, DISEASE, OR ANY OTHER LIABILITIES.

©2019 BY SHE GLOWS RETREATS. A COLORADO-BASED COMPANY.