WAIVER OF LIABILITY + HOLD HARMLESS AGREEMENT
Please carefully read all the terms and conditions detailed below. You must agree to these terms to be eligible to participate in a Wander Women Retreat. These terms contain waivers of liability, indemnification, and assumption of risk provisions.
This Waiver of Liability and Hold Harmless Agreement constitutes a legally binding agreement made between me, whether personally or on behalf of an entity, and Alex in Wanderland, LLC. In consideration for participating in the Wander Women Retreats, including all of the associated activities (collectively the “Retreat”).
• Release. I hereby enter into this Waiver of Liability and Hold Harmless Agreement (the “Agreement”) and RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Alex in Wanderland, LLC, or any of its employees, contractors, or agents (hereinafter referred to as the “Releasees”) from and for any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me while attending or participating in the Retreat REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. I understand that this Agreement discharges Releasees from any liability or claim that I may have against the Releasees with respect to any bodily injury, personal injury, illness, death, or property damage that may result from my involvement in the Retreat, whether caused by the negligence of Releasees, or otherwise.
• Indemnification. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage, claim, causes of action or costs, including court costs and attorneys’ fees that RELEASEES may incur due to my attendance or participation in the Retreat, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES or otherwise, to the fullest extent allowed by law.
• Medical Care and Physical Condition. I certify that I am in good health and physical condition and do not have any physical disability, medical condition, or other limiting factors that would create a hazardous situation for myself/us or other participants of the Retreat. I further represent and warrant that: I have consulted with my physician, and my physician has authorized me to participate in the Retreat, including participating in any physical activities; and I will discuss and address any questions or concerns I may have about my physical or mental health with the appropriate health care professional prior to the Retreat. Documentation from my physician confirming my clearance to participate in the Retreat is available upon request. If at any time, I have any doubts about my physical condition or fitness to participate in any aspect of the Retreat, I agree to cease participation in the same and seek appropriate medical attention. The Releasees reserve the right, in their sole discretion, to refuse me participation in the Retreat due to medical, fitness, or other grounds. The Releasees also reserve the right to deny my participation in the Retreat or any related activities at any time if I am demonstrating behavior that may result in injury to myself or others.
• Assumption of Risk. I acknowledge that I am voluntarily participating in the Retreat, which may include strenuous physical activity, such as yoga, and potentially dangerous activities, including but not limited to snorkeling and scuba diving. Further, I acknowledge that I am fully aware of the risks and hazards connected with attendance at or participation in the Retreat and the activities therein, which may include the risk of serious injury (e.g. including, but limited to, heart attacks, muscle strains, pulls, tears, broken bones, shin splints, and other illnesses) or death, and I hereby elect to voluntarily participate in such physical activities as part of the Retreat and assume sole and complete responsibility for such risks.
Further, I understand that certain risks are inherent in the activities to be undertaken by me while on the Retreat and that inclement weather and unavailability of first aid or emergency medical treatment as well as other unknown or unanticipated risks may occur, such as war or terrorism, and I accept full responsibility for such specified inherent risks and those not specifically identified.
I agree that the Releasees may seek emergency medical services on my behalf in case of accident, injury, or illness and that I will be financially responsible for such services. I am aware that medical services or facilities may not be readily available or accessible during some or all of the time in which I am attending or participating in the Retreat. I understand the risks associated with inadequate or unavailable medical care and assume full responsibility for such risks. I agree to follow all written and verbal rules of safety presented to me by the Releasees.
I hereby agree to be responsible for my own welfare and accept any and all risks of delay, unanticipated events, inconvenience, loss, theft, damage, illness, injury, stress, emotional trauma, or death. I hereby agree to provide my own insurance appropriate to my needs and the needs of my family or dependents in respect of such delay, unanticipated events, inconvenience, loss, theft, damage, illness, injury, stress, emotional trauma, or death. I understand and agree that the Releasees have no liability for my personal medical expenses and/or medical care.
I acknowledge that the Releasees are merely acting as agents and that they neither own, manage, control, or operate any transportation vehicle, any hotel, restaurant, or any other suppliers of services relating to the Retreat. I assume all risks, whether or not foreseeable, of traveling to and from the starting and ending points of the Retreat (including, without limitation by similarity or otherwise, flight cancellations and/or disruptions, missed connections, hardships if travel arrangements do not proceed as planned and/or missing the tour for any reason); and I understand the payment and refund schedule and agree to abide by those policies’ terms including, if, when, and how much money, if any, may be returned in the form of a refund due to any changes that I desire or ability to participate in the Retreat.
• Image Release. I understand that during the Retreat, images, photos, or videos (the “Images”) may be taken of me by other travelers and/or the Releasees. I agree that these Images may be reproduced by the Releasees and grant the Releasees a perpetual, royalty-free, worldwide, sublicensable, irrevocable license to reproduce such Images in any medium for promotion and publicity purposes. I represent and warrant that I have the right to grant the above-mentioned rights to the Releasees without obtaining the permission of, or making any payments to, any third party or entity. This authorization and release shall inure to the benefit of the legal representatives, licensees, and assigns of the Releasees. I hereby release from any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action based upon or related to use of the Images.
• Personal Property. I acknowledge and agree that I am responsible for my equipment and all personal property during the Retreat and that Releasees are not responsible for such property whether it is lost, stolen or damaged.
• Travel Requirements. I assume complete responsibility for, and hereby release the Releasees from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirement of each destination, and all safety and security conditions at such destinations, during the length of the proposed and actual travel. Requirements for entry and exit to various countries and territories may change from time to time, and it is my responsibility to assume all such obligations. The Releasees are not responsible for the individual acts of customs or governmental agents who may refuse your entry or exit.
I also acknowledge that at all times, the decision of the Releasees’ Retreat leader or representative will be final on all matters likely to endanger the safety and well-being of the participants of the Retreat. Furthermore, by indicating my consent to this Agreement, I agree to abide by all rules and directions set forth by the Retreat leader and Releasees. I understand that I must at all times strictly comply with the laws, customs, foreign exchange, and drug regulations of all countries visited. Should I fail to comply with the above or commit any illegal act when on the Retreat or, if in the opinion of any of the Releasees, my behavior is causing or is likely to cause danger, distress, or annoyance to others, the Releasees may terminate my travel arrangements without any liability on the Releasees’ part and I will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.
I also acknowledge that I have carefully read the Releasees’ general information, including its booking conditions and policy on canceled trips, refunds, and insurance, and agree to all stated conditions and documents set forth by the Releasees.
It is my expressed intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse if I am alive, and my heirs, assigns, and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASEES. I consent to personal jurisdiction in the state and federal courts located therein and hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens. Any portion of this document deemed unlawful or unenforceable shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
This Agreement is the complete agreement between the parties regarding the subject matter herein.
BY CHECKING THE BOX, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, I understand it, and accept the terms and conditions therein voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I acknowledge this Agreement for full, adequate and complete consideration fully intending to be bound by same.