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Participant Agreement, Waiver of Liability & Release Agreement
In consideration of my participation in a ReCharge The Soul Retreats, retreat and associated events and Activities (collectively referred to as “Retreat”) and the services of ReCharge The Soul Retreats, its agents, owners, officers, volunteers, participants, employees, sponsors, and all other persons or entities acting in any capacity on its behalf, as well as its successor and assigns (collectively referred to as “RTSR”), I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate (collectively referred to as “Participant”), hereby agree to release and discharge RTSR as follows:
1. Waiver of Liability and Release. Participant does hereby release and forever discharge RTSR from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to Participant’s involvement in a Retreat. Participant understands that this Agreement discharges RTSR from any liability or claim that the Participant may have against RTSR with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Participant’s involvement in a Retreat, whether caused by the negligence of RTSR, or otherwise. Participant also understands that RTSR does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
Participant understands and acknowledges that the Activities in which Participant will voluntarily engage in at a Retreat bear certain known inherent Risks that contribute to the unique character of these Activities, and that RTSR cannot eliminate, alter, or control these inherent risks. These Risks include those inherent in yoga activities, equine activities, as well as those inherent in backcountry recreational activities.
2. Indemnification and Hold Harmless. Participant hereby agrees to indemnify and hold harmless RTSR from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in a Retreat, or use of RTSR facilities or equipment, including any such claims which allege negligent acts or omissions of RTSR.
3. Medical Care. Participant does hereby release and forever discharge RTSR from any liability, claims, and causes in action that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with the Participant’s involvement in a Retreat.
4. Certification and Assumption of Risk. Participant here-by certifies that he/she is physically fit, has trained sufficiently for participation in the Retreat and has not been advised otherwise by a qualified medical person. Participant agrees that RTSR is not qualified to evaluate Participant or Participant’s fitness for involvement in the Retreat. Participant must determine if he or she is sufficiently fit to participate. Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in the Retreat, including, but not limited to all Risks. Participant agrees that his/her involvement in the Retreat is purely voluntary, and Participant elects to participate in the Retreat in spite of the Risks.
5. Definitions. “Activities” include, but are not limited to the following activities which may be provided and/or sponsored by RTSR: yoga, hiking, high altitude hiking, horseback riding, excursions, transportation in SCR or other vehicles, training, classes, instruction, traveling to and from the Retreat, and all other activities associated with the Retreat. “Risks” include, but are not limited to those known risks inherent to the Activities specifically listed below, vehicular travel and traffic, road and trail conditions, known and un- known health conditions, allergies, sudden weather changes, rain, snow, wind, hail, lightening, high altitude or motion sickness, dehydration, heat stroke, snake bite, bee and other insect stings and/or bites, wild and domestic animals, inaccessibility to immediate medical attention, falling rocks and trees, equipment failure, driver error, rider error, Participant error, food provided, facilities, actions of other people, and acts of God.
Risks inherent in yoga activities are dangers or conditions that are an integral part of yoga activities, including but not limited to minor muscle strains, muscle sprains, bruises, abrasions, post-exercise muscle soreness, joint injuries, torn muscles, heat-related illnesses, broken bones, ACL injuries, back injuries, stroke, heart attack, paralysis, death, and injury or death caused by any of the following: equipment that breaks or otherwise fails, slips and falls, lack of nutrition or hydration, negligence on the part of Participant or other people around Participant, terrain, facilities, temperature, weather, condition, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, and teachers.
Risks inherent in equine activities are dangers or conditions that are an integral part of equine activities, including but not limited to injury or death caused by the propensity of a horse to behave in certain ways (such as stopping short, changing directions or speed, shifting its weight, bucking, rearing, kicking, biting or running from danger); injury or death caused by the unpredictability of a horse’s reaction to such things as medication, sounds, weather, sudden movement, and unfamiliar objects, persons, or other animals; injury or death caused by hazards such as surface and subsurface ground conditions, collisions with other horses or object, or the potential of Another Participant to not maintain control over the horse, or to not act within the person’s ability, equipment that breaks or otherwise fails.
Risks inherent in backcountry recreational activities are dangers or conditions that are an integral part of back- country recreational activities, including but not limited to sudden weather changes, rain, snow, wind, hail, lightning, Participant’s physical condition and physical exertion for which Participant is not prepared, hypothermia, hyperthermia, high altitude and/or motion sickness, dehydration, heat stroke, snake bite, bee stings, insect bites and/or stings, wild and domestic animals, distance and inaccessibility to immediate medical attention, travel over rough terrain, falling rocks and trees.
6. Personal Property. Participant acknowledges and agrees that he/she is responsible for his/her equipment and all personal property during the Retreat and that RTSR is not responsible in any way for such property whether it is lost, stolen or damaged.
7. Photographic Release. Participant does hereby grant and convey unto RTSR all right, title and interest in any and all photographic images, video or audio recordings made by RTSR during the Retreat, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes RTSR to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.
8. Interpretation and Governing Law. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under California law. If any portion of this document shall be held as invalid it is agreed that the balance shall continue to be in full force and effect. This document shall be governed by the laws of the State of California. Venue for any legal action shall be in the state or federal courts of Sacramento County or California as applicable.
9. Retreat Cancellations/Refund. Participant acknowledges and agrees that if you cancel your trip 120 days before the first day of your booked retreat you will receive up 75% of the total purchase as a refund. If you cancel your trip 90 days before the first day of your booked retreat you will receive up to 50% of the total purchase as refund. If you cancel your trip less, then 89 days before the first day of your booked retreat you will not receive any refund or return.
If you do cancel your trip either 90 days or 120 days before and have not paid in full. You are still required to make your payments until your balance is at zero. If you cancel 120 days before you will pay a total of 25% until your balance is zero. If you cancel 90 days before you will pay a total 50% until your balance is zero. If your account has any balance after the first day of the retreat SCR does have the right to take you to small claims court to receive the amount owed.
Deposit to book: $300 non-refundable
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