DNA SURPRISE INDEMNIFICATION, WAIVER, GENERAL RELEASE, AND ASSUMPTION OF RISK AGREEMENT
PLEASE READ THIS RISK ACKNOWLEDGEMENT AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE REGISTERING FOR A DNA SURPRISE RETREAT. BY REGISTERING FOR A RETREAT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT REGISTER FOR A RETREAT.
INTRODUCTION OF PARTIES
This Agreement is made between DNA Surprises LLC and the retreat registrant (hereinafter, “you”), an individual.
TERMS OF SERVICE
It is your responsibility to fully understand the terms and conditions for the retreat. Please read carefully what is and is not included in your retreat package on the website. It is your responsibility to contact Alexis Hourselt and/or Debbie Olson (“the Host”) via email at firstname.lastname@example.org or by phone to clarify any questions or concerns about your retreat package.
PAYMENT TERMS & CANCELLATIONS
1. RETREAT PRICING
All prices are per person and are set well in advance of the retreat start date. Prices include retreat costs only; they do not include travel costs to and from the retreat.
2. RETREAT PAYMENT AND DEPOSIT
Payment can be made by PayPal via the website.
3. STRICT CANCELLATION POLICY
There are no refunds. If you wish to cancel your retreat, you must notify the Host. Exceptions to our cancellation policy cannot be made for ANY reason, including weather, terrorism, civil unrest, health changes, personal emergencies or otherwise. There is no refund for arriving late or leaving a trip early.
4. TRANSFER POLICY
Reservations cannot be transferred from one retreat to another.
5. RETREAT CANCELLATIONS
The Host reserves the right to make any changes deemed necessary; including, but not limited to: advertised excursions, arranged transportation, advertised meals, etc. In the rare case of a Retreat cancellation, The Host will offer a transfer to another retreat (if possible) or a full refund of your payment. The Host is not responsible for any expenses or damages incurred as a result of retreat cancellation including preparation costs, airline tickets, travel documents or other expenses. The Host reserves the right to cancel any retreat prior to departure in the event that there are too few people booked, in which case you will be given a full refund of any and all payments made to The Host. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses, or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport, and airline taxes).
6. TRAVEL DOCUMENTS
For retreats held outside the U.S., all American passport holders are required to have at least 6 months validity on their passport at time of travel. Information regarding necessary documentation is provided as necessary on our website or you can contact us for more detailed information.
7. ROOMMATE ASSIGNMENTS
Retreat rates are per person. Rooms that are shared occupancy require two or more participants to occupy the room. The Host will make roommate assignments unless otherwise requested by retreat attendees and approved by the Host.
8. ASSUMPTION OF RISK
I acknowledge that I have voluntarily enrolled to participate in this retreat. In consideration of The Host allowing me to participate, I agree to this release of claims, waiver of liability and assumption of risks. On behalf of myself, my heirs, executors, successors, administrators, and any other person who may have an interest at common law or by operation of statute, I hereby waive any and all claims I or such parties may have now or in the future. I release from liability The Host and any teachers, employees, guides, agents, or representatives (“the releasees”) for any personal injury, death, property damage or loss or any nature suffered by me as a result of participation in any activity on the retreat. I release from liability The Host for any cause whatsoever including those arising out of, or in any way connected to or occasioned by the negligence of the releasees.
9. PERMISSION FOR CAPTURE AND USE
Media is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable consideration received, I grant to The Host the absolute and irrevocable right and unrestricted permission concerning any captured media that she/he has taken or may take of me or in which I may be included with others, to use, reuse, publish, and republish in whole or in part, individually or in connection with other material, in any and all publishing platforms now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if she/he so chooses. I release and discharge The Host from any and all claims and demands that may arise out of or in connection with the use of the media, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer, Videographer, Interviewer, Editor, as well as the person(s) for whom he/she captured the media. I am a legally competent adult and have the right to contract in my own name. I have read this document and fully understand its contents. This release shall be binding upon me and my heirs, legal representatives, and assigns.
10. RELEASE AND WAIVER OF LIABILITY
I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue or attach the property of The Host, their affiliates, teachers, employees, agents or volunteers or any of their affiliated organizations for injury or damage resulting from acts, howsoever caused, by any employee, agent, or contractor, or any of their affiliated organizations, as a result of my participation in The Host’s retreats. I hereby release The Host, and any of their agents or affiliated organizations from all actions, claims or demands that I, my assigns, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury, damage, or death resulting from my participation in The Host’s retreats.
I am medically, physically, emotionally, and in all respects fit and able to participate in The Host’s retreats.
I agree I will be fully and financially responsible for my own physical condition and well-being during the retreat. I take ultimate responsibility for my choices and realize that The Host is not a licensed medical provider and that I must consult my doctor.
I will not hold The Host responsible for any pain or discomfort I experience during or after the retreat. I understand that the activities offered on this retreat are not a substitute for medical care. I understand that The Host is not qualified to diagnose, prescribe, or treat physical or mental illness.
By agreeing to the terms outlined here and elsewhere on the The Host’s website I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation on The Host’s retreat.
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules.