Liability Release Agreement
This Retreat Agreement, hereinafter referred to as "Agreement," is made between the retreat organizer ("Organizer"), specifically as follows:
Five Parks Yoga, including all owners, employees and retreat assistants
Address: 8302 Beech St, Arvada, CO 80005
Email: fiveparksyoga@gmail.com
and you, as a guest of the retreat ("Guest").
Your attendance at the Retreat, as defined below, is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By paying your deposit, you acknowledge and agree that you are entering into a legally binding agreement with the Organizer.
YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO ATTEND ANY OF ORGANIZER'S RETREATS.
Organizer and Guests may be referred to individually as "Party" and collectively as the "Parties." Any activity at the retreat whether led by the organizer or by a third party may be referred to as “Activity”
1. In consideration of participating the “Activity”, I agree and acknowledge that I am fully aware that participation in the Activity involve risks and I accept all the risks of participating, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party (as defined below) or anyone else.
2. “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Activity. “Released Party” means Erin Sampson / Five Parks Yoga or any of its affiliates, franchisees and their respective representatives, directors, officers, agents, employees or volunteer staff.
3. I agree and acknowledge that:
a. I am in proper physical condition to participate in the Activity, and am aware that participation could, in some circumstances, result in physical injury, serious physical injury or death.
b. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured.
c. I am aware that if the Activity occurs outdoors, the streets adjourning the area of the Activity are open to regular vehicular traffic during the Activity and I will obey all traffic laws and regulations.
4. I accept full responsibility for any product or technology loaned to me as part of participation in this Activity and commit to return the same in good working order.
5. I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. Without limiting the foregoing, I further release any recourses which I may now or hereafter have resulting from any decision of any Released Party.
6. I agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else. I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
7. I am aware that there is no obligation for any person to provide me with medical care during the Activity. I understand and acknowledge that:
a. there may be no aid stations available for the Activity.
b. if medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered.
8. I am aware that it is advisable to consult a physician prior to participating in the Activity. If I have consulted a physician, I have taken the physician’s advice.
9. No warranties or representations have been made to me about the Activity which are not stated on this form. I understand and intend that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue and indemnity.
10. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
11. I have fully read and understand this agreement. I am aware that by agreeing to this agreement, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party.
12. I hereby acknowledge that I may be required to use an automobile to travel to and from the Activity or as part of the Activity. I hereby acknowledge that I have the authority to use such automobile and that the automobile is fully insured for use in the Activity. I accept full responsibility for the automobile and that use of the automobile in the Activity will be at my own risk.
13. You are solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as passports, as well as any required and applicable travel visas, immunizations, or other required documentation for the locations being visited. Organizer is not liable or responsible for any Guest being denied entry or exit to or from any location or country.
14. All travel arrangements are your responsibility and at your own cost. We shall not be held liable for any consequences arising from delays or cancellations in any of the companies you may have made arrangements with, or for any irregularities in your documentation required for travel.
15. All guests are strongly encouraged to purchase and maintain travel insurance during the entire length of the Retreat (including through the return date). Guests that choose to purchase coverage are individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should ideally include, but not be limited to: illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses, and/or liabilities.
Organizer is not responsible or liable for any loss, damage, expense, cost, or any other travel issue. Guests may fail to purchase travel insurance at their own risk.
16. You agree and understand that your participation in the Retreat may involve risks. These risks may lead to tangible or intangible harm, as discussed above. Additional risks, such as those risks involved in being in another country, a country where medical services are not available, or a country with an unsteady political, cultural, or geographical climate, may also be present.
It is your responsibility to familiarize yourself with all possible risks involved in participation in the Retreat. You agree that Organizer is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Retreat.
YOU ACKNOWLEDGE THAT YOUR DECISION TO ATTEND THE RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED ABOVE AND THAT YOU ARE ATTENDING OF YOUR OWN WILL AND VOLITION. YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT. IN NO EVENT WILL ORGANIZER BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.
17. Guest hereby releases Organizer, as well as any of Organizer's affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Guest's dispute with any other Guest.
18. Guest acknowledges and agrees that the Organizer's name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organizer or its affiliates, licensors, or suppliers.
Guest expressly agrees not to do anything inconsistent with Organizer's ownership of all of the intellectual property discussed herein. Guest further agrees that there are no rights, title, or interest in or to any of the Organizer's Intellectual property. In addition, Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Organizer or any third party.
19. In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in a point 20 provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Colorado. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organizer will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
20. This Agreement shall be governed by and construed in accordance with the internal laws of Colorado without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Jefferson County.
I also understand that ;
All payments are non-refundable or transferrable for any reason, including, but not limited to vacation, illness and injury.
The scheduling and content of activities may be changed on occasion.
All N.S.F. checks will be charged a $50.00 (USD) fee.
I will notify instructors immediately of any pain and/or major discomfort felt during any activity.
I am responsible for bringing my required equipment to every activity (where applicable).
If I am pregnant or plan to become pregnant during course of the Activity, I notify my teacher prior to participation in a fitness class.
BY CHECKING THE BOX BELOW and completing your deposit or full payment, Participant accepts and agrees to the terms and provisions contained in this agreement.