THIS WAIVER AND RELEASE OF LIABILITY, EXPRESS ASSUMPTION OF RISK AND GRANT OF MEDIA / IMAGE RIGHTS (THE “AGREEMENT”) IS A CONTRACT BETWEEN THE INDIVIDUAL NAMED BELOW (“I” OR “ME”) AND CREATE SOME DAYS, LLC DBA SOME DAYS (“SOME DAYS”), AND ITS OWNERS, MEMBERS, AFFILIATES, VOLUNTEERS, CONTRACTORS, COLLABORATORS, AGENTS, VENDORS, SPONSORS AND PARTNERS (TOGETHER WITH SOME DAYS, COLLECTIVELY, THE “RELEASED PARTIES”), AND I ACKNOWLEDGE THAT IT GOVERNS MY PARTICIPATION IN THE SOME DAYS, MAY FLOWERS RETREAT (THE “RETREAT”) AND ANY ACTIVITIES, INCLUDING, WITHOUT LIMITATION AND AS APPLICABLE, COACHING WORKSHOPS DESIGNED TO ENHANCE PERSONAL AND PROFESSIONAL DEVELOPMENT, NATURE EXPERIENCES, HIKES, YOGA, SOUNDBATH SESSIONS, MASSAGE, ENERGY WORK, ART EXPERIENCES, TAROT AND OTHER ORACLE CARDS, TEA CEREMONIES, CACAO CEREMONIES, INTUITIVES, PSYCHICS AND OTHER HEALERS THAT TAKE PLACE AT OR IN CONNECTION WITH THE RETREAT OR TRAVELING TO OR FROM THE RETREAT OR OTHERWISE RELATED TO SOME DAYS (COLLECTIVELY, THE “ACTIVITIES”). BY CLICKING “ACCEPT,” OR BY PROCEEDING WITH OR USING THE RETREAT AND IN RECOGNITION OF SOME DAYS’ RELIANCE HEREIN, I AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT. I ACKNOWLEDGE THAT IF I DO NOT AGREE, THEN I WILL NOT CLICK ACCEPT AND I WILL NOT PARTICIPATE IN THE RETREAT. THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK THE “ACCEPT” BUTTON OR BY ACCESSING OR USING THE SERVICES PROVIDED BY THE COMPANY, INCLUDING PARTICIPATING IN THE RETREAT. BY CLICKING THE “ACCEPT” BUTTON OR OTHERWISE ACCESSING OR USING THE SERVICES PROVIDED BY THE COMPANY, INCLUDING PARTICIPATING IN THE RETREAT, YOU (a) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, (b) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND (c) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND TO ITS TERMS.
Assumption of Risks, Including of Potentially Dangerous Activities and Conditions; Personal Responsibility.
I acknowledge that the Activities (e.g., hiking, yoga, soundbaths, massage) carry inherent risks as well as potential risks related to the Activities and to adverse weather conditions (e.g., extreme temperatures, storms), fire hazards and wildlife that are typical in mountainous areas such as Idyllwild, California, where the Retreat will take place (and not predictable or within anyone’s control) and I verify that I have full knowledge of the risks involved in participation in the Retreat and the Activities, including physical injury (even death), illness, property damage or loss, due to negligence or deliberate act on the part of myself or other people around me or another person, including any other participants or Released Parties, or the unavailability of medical care. I understand that participating in the Retreat and the Activities could be dangerous and that my safety and health cannot be guaranteed while participating in the Retreat or the Activities. I am voluntarily participating in the Retreat and the Activities with knowledge of the dangers involved and I agree to accept any and all risks of injury, personal or property damage or death.
Understanding, acknowledging and agreeing to all the risks and hazards involved with the Retreat and with the Activities, I freely and voluntarily choose to participate in, and travel to and from, the Retreat and the Activities. I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, OR FINANCIAL LOSS THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE RETREAT OR THE ACTIVITIES, INCLUDING THE RISK THAT I MAY BE INJURED BY THE ACTIONS OR NEGLIGENCE OF THE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE RETREAT OR THE ACTIVITIES. I understand and agree that by executing this Agreement, I am assuming full responsibility for any and all risk of physical injury (even death), illness, adverse weather conditions, property damage or theft or loss, exposure to wildlife and/or any other damage suffered by me or my property in connection with the Retreat or the Activities. I agree to be fully responsible for my actions and my compliance with this Agreement. I accept full and complete responsibility for the safety of myself and my property, and I assume all risk of all other delay, inconvenience, damage, loss or other expenses I may suffer as a result of or in connection with the Retreat and the Activities and the terms and conditions of this Agreement. I agree and acknowledge that the Released Parties do not accept any responsibility for injury, illness, loss, or damages suffered by me and that obtaining insurance to cover these risks is my own responsibility and at my sole cost and expense.
Representation as to Physical Condition. I am physically able, in good health and in proper physical and mental condition to participate in the Retreat and the Activities. To allow the Released Parties to attempt to make reasonable accommodations, where possible, for Activities, meals and snacks during the Retreat, I confirm I have disclosed in writing to Some Days any medical conditions that could affect my ability to participate in the Retreat’s Activities (including any food allergies or dietary restrictions) at the time of registration and will seek and comply with appropriate medical advice before attending the Retreat and participating in the Activities. Additionally, throughout the Retreat, participants may be tapping into their inner life. Some Days wants participants to feel safe and supported as we explore these connections together. I agree that if anything reflected on or discussed triggers hard issues or is otherwise something I don’t wish to explore, I will take a break, opt out or otherwise take full responsibility for my needs and well-being. I acknowledge that Some Days, its participants, and other Released Parties are not responsible for ensuring my physical and mental well being during the Retreat and its Activities.
Consent to Medical Treatment. I consent to receive first aid, medical and/or surgical treatment, or any other services rendered to me, at my expense, in the event of an injury, accident, or illness I incur during during my direct or indirect involvement with the Retreat and the Activities. I agree and acknowledge that the Released Parties are under no obligation to provide or pay for such medical treatment. I hereby release, forever discharge, and hold harmless the Released Parties from any claim based on such treatment or other medical services. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL. I acknowledge full and sole responsibility for my own medical costs and expenses, and I am responsible for any and all medical expenses incurred on my behalf.
Liability Release and Waiver of Claims. On behalf of the Releasors and in consideration for being allowed to participate in the Retreat and the Activities, I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER TO BECOME KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, MEDICAL BILLS, PAIN AND SUFFERING, LOSS OF CONSORTIUM, EMOTIONAL DISTRESS, ATTORNEYS FEES AND COURT COSTS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE RETREAT OR THE ACTIVITIES AND/OR TRAVEL TO OR FROM THE RETREAT OR THE ACTIVITIES, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, and hereby agree and covenant not to, and shall cause the Releasors not to, bring a claim against, sue, demand compensation from or attach the property or assets of the Released Parties or any of them, even though this liability may arise through no fault of my own, or from the negligence or carelessness on my part or the part of the persons or entities being released, provided that nothing in this section shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property or any other liabilities that California law does not permit to be released by agreement.
The claims released hereby include, but are not limited to, any claims I may now have or may hereafter acquire resulting from injury, death, or property damage sustained by me, or to any property that I may own or have rented, leased or borrowed or have in my possession. I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to the Activities, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
I expressly acknowledge and understand the significance, effects and consequence of a waiver of Section 1542 and hereby assume full responsibility for such a waiver.
Additionally, I hereby expressly acknowledge and provide that Some Daysshall be deemed to be an express third party beneficiary of any liability waivers or other documents provided by accommodation providers and any other Released Party related to the Retreat or the Activities.
Indemnification. I WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY PARTICIPATION IN THE RETREAT AND THE ACTIVITIES, INCLUDING WITHOUT LIMITATION MY BREACH OF THIS AGREEMENT OR THE ACCOMMODATIONS OR THE ACTIVITIES RULES AND POLICIES, OR FROM ANY OTHER CLAIM RELATED TO THE RETREAT OR THE ACTIVITIES.
Code of Conduct. This Retreat, as with all engagements with Some Days, operates pursuant to the Some Days Coaching Understanding (https://createsomedays.com/coachingunderstanding/) and the Some Days Terms & Conditions (https://createsomedays.com/terms-conditions/). I acknowledge it is recommended that participants review the principles ahead of our time together to prepare and get the most out of our time. I hereby agree to behave respectfully towards each the other participants and the Released Parties. Among other things, this means: (i) What is shared here stays here but what is learned here leaves here. It’s important that everyone know this is a safe and confidential space. I agree to respect the privacy and confidentiality of the Released Parties and other participants and not to share or disclose any personal information or experiences shared by the Released Parties or fellow participants without their consent. I acknowledge this confidentiality obligation will remain in place even after the Retreat has ended. (ii) Everyone is here as a vulnerable human – I agree to come with an open mind all the way around. This means, among other things, grace and compassion for others as well as myself. (iii) I will endeavor to create a positive and supportive environment for all participants, engage fully and authentically in coaching sessions, and respect the personal boundaries of others. (iv) I agree to abide by all rules and policies applicable to the Retreat, the Activities, the accommodations at which the Retreat or the Activities are held or otherwise provided to me by a Released Party. (v) I acknowledge it is recommended that I put away my phone and log out of email, social media and other distractions during the Retreat and the Activities. (vi) I expressly acknowledge that disruptive or harmful behavior or other violation of these terms may result in removal from the Retreat, at the sole discretion of Some Days, without a refund.
Cancellations and Refunds. I hereby acknowledge that: (i) Because of the commitment required by the Released Parties in planning and securing services for this exclusive Retreat, refunds will only be provided if I find a replacement to take my place; (ii) It is my responsibility to find a replacement, and Some Days is not responsible for facilitating this replacement. If a replacement is found, I may receive a refund, minus any administrative fees incurred; (iii) If a replacement cannot be found, no refund will be issued; (iv) In the unexpected event that Some Days must cancel or reschedule the Retreat due to unforeseen circumstances (e.g., severe weather, fire risks, or other natural, health or governmental emergencies), they will either (A) provide a refund for any amounts that can be recovered by the organizers (which refund will be issued to me as soon as reasonably possible, less any non-recoverable expenses incurred by Some Days) or (B) try to negotiate to have any non-recoverable expenses applied to a rescheduled retreat at a future date and apply my payment thereto; which decision will be made in Some Days’ sole discretion after using commercially reasonable efforts to discuss preferences with participants. To secure my reservation and pricing at the time of booking, I acknowledge I must sign this Agreement and pay the applicable Retreat price. Any indication of interest or request to secure a spot in this exclusive event will not be binding until this Agreement has been accepted and Some Days has received the payment of the applicable Retreat price. If participants have any concerns, it is recommended they explore travel insurance options.
Accommodations will be selected and booked directly by me and I acknowledge they are subject to the terms and conditions of the providers thereof (many of which have strict cancellation policies due to their unique nature) and Some Days assumes no responsibility or liability therefor).
By booking the Retreat, I acknowledge and accept that this is the policy in case of cancellation and agree to provide timely payment in accordance herewith.
Grant of Media / Image Rights. By attending the Retreat and the Activities, I hereby grant to Some Days, and each of the other Released Parties, the irrevocable, perpetual and unrestricted (except as expressly set forth below) right and permission, but not the obligation, throughout the universe, with or without my knowledge, to photograph, video record, use, re-use, permit the use of, distribute, reproduce, record, edit, copy, create derivatives, in whole or in part, post, publish, publicly display and perform, exhibit, transmit and/or broadcast or otherwise use my appearance, photograph, signature, image, likenesses, actions, pictures, name, nickname, voice, conversation, sounds, performance, sound recordings, spoken word, or any other aspect of the recording at the Retreat or the Activities, in whole or in part, without restriction as to changes, modifications (including blurring, distortion, or composite), or alterations (collectively the “Recording(s)”) and the right, throughout the world, to use and to assign and/or license others to use all or any portion of the results thereof (or a reproduction thereof), in all media and in any manner now known or hereafter developed, in connection with the Retreat and the Activities, including any marketing, promotional, advertising or commercial tie-ins or the business of Some Days or otherwise without any additional consideration or any compensation beyond my participation in or attendance at the Retreat or the Activities. I shall have no right of approval and no legal claim arising out of any use or editing of the Recording or my name or likeness. I acknowledge that I shall have no ownership, authorship or moral rights in the Recording or any part thereof.
Arbitration. I agree that any and all claims or disputes that arise out of this Agreement, the Some Days Coaching Understanding (https://createsomedays.com/coachingunderstanding/), the Some Days Terms & Conditions (https://createsomedays.com/terms-conditions/), the Retreat and/or the Activities (collectively “Disputes”), will be settled by final and binding arbitration in Orange County, California in accordance with the Commercial Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. To the extent permitted by law, the hearing and all filings and other proceedings shall be treated in a private and confidential manner. The arbitration will be conducted before an arbitrator to be mutually agreed upon by the parties from JAMS’ panel of arbitrators. The parties to the arbitration shall be equally responsible for the fees of the arbitration. The arbitrator shall have the authority to grant all monetary or equitable relief available under state and/or federal law. Judgment on any award rendered by the arbitrator may be entered and enforced by any court having jurisdiction thereof. In addition, the prevailing party in any arbitration or court action covered by this Agreement, as determined by the arbitrator or court in a final judgment or decree, shall be entitled to recover costs, expenses, and reasonable attorneys’ fees. Nothing herein contained shall bar the right of Some Days to obtain equitable relief from a court of law or equity with regard to a breach or threatened breach with respect to intellectual property, use of materials or confidentiality of Some Days, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy.
Miscellaneous. This Agreement constitutes the sole and entire agreement of Some Days and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem for said children (collectively, the “Releasors”). In the event that any provision of this Agreement (or portion thereof) is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision (or part thereof) shall be enforced or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remainder of this Agreement shall continue in full force and remain in effect according to its stated terms and conditions. This interpretation of this Agreement shall be governed by and construed under the laws of the State of California, U.S.A., notwithstanding its conflict of law provisions. The parties agree that any claims or Disputes will be resolved on an individual basis, and I hereby waive any right to participate in a class action, collective action, or representative action. This Agreement, and any accompanying agreements, fully, completely, and exclusively sets forth my agreement with the Released Parties on the matters set forth herein and may only be amended in a writing executed by both the Released Parties and myself. This Agreement shall inure to the benefit of, and shall be binding upon, my and Some Days’ successors, licensees, assigns, heirs and personal representatives. This Agreement may be executed electronically, whether by scanned copy of an original signature, e-signature or e-waiver software or other electronic means, and such electronic signature shall be effective and binding.
BY CLICKING “ACCEPT,” OR BY PROCEEDING WITH OR USING THE RETREAT, I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY AND FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SOME DAYS AND ANY OF THE RELEASED PARTIES. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, I HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT AND TO HAVE ANY QUESTIONS ANSWERED TO MY SATISFACTION.
I represent and warrant that I am eighteen (18) years old or older, am legally competent to sign and have the right and power to enter into this Agreement and to contract in my own name or I have acquired the written consent of my parent or legal guardian.