COSTA RICA 2019 Retreat Waiver

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AMY AND MIKE DANNHEIM RETREAT PARTICIPANT AGREEMENT This Trip Participant Agreement (this "Agreement") is dated _______________, 2019 between AMY DANNHEIM AND MIKE DANNHEIM (“AD AND MD”) and __________________________ ("PARTICIPANT"). In consideration for PARTICIPANT paying AD AND MD a deposit and all fees owed in connection with the trip referenced in this Agreement (the "Trip"), AD AND MD will lead PARTICIPANT and group in a retreat in Nosara, Costa Rica. The dates of the Trip are from April 22 - 27, 2019 (the "Trip Dates"). AD AND MD are responsible for arranging all lodging from the night of April 22, 2019 through the morning of April 27, 2019. PARTICIPANT is solely responsible for all other nights of lodging and for transportation to and from the Trip location. During the Trip Dates, AD AND MD are responsible for arranging, supervising and teaching all yoga activities, and is not responsible for arranging, supervising or guiding any other events or activities such as side trips. AD AND MD are not responsible for PARTICIPANT's medical or dental costs, insurance, equipment for any other activities, or any other costs not mentioned in this paragraph. PARTICIPANT has carefully considered his/her ability to attend the Trip. PARTICIPANT understands that as soon as PARTICIPANT's deposit is made, AD AND MD will use the deposit to secure travel, lodging, selected meals, supervision and incidental expenses to arrange the Trip for PARTICIPANT. Accordingly, the deposit is nonrefundable, and PARTICIPANT hereby waives any right to a refund of the deposit. AD AND MD reserves the right to cancel the Trip if guest participation is inadequate to make the Trip economically feasible for AD AND MD to operate. If AD AND MD cancels the trip, AD AND MD will give PARTICIPANT a full refund for any amounts paid to AD AND MD for the Trip, including any deposits. However, AD AND MD is not responsible for additional expenses incurred by PARTICIPANT in preparing for the Trip (e.g., non-refundable air tickets, visa fees if applicable, loss of time expended in planning the Trip or medical expenses), or any foreseeable or consequential damages as a result of cancellation. PARTICIPANT hereby waives the right to bring a claim against AD AND MD for cancellation, and assumes the risk of cancellation. AD AND MD also reserves the right to cancel the Trip for acts of God, detention annoyance, terrorism, thefts, pilferage, force majeure, civil disturbances, government restrictions or regulations, strikes, delays and expenses arising from quarantine, failure of any means of conveyance to arrive or depart as scheduled, discrepancies or changes in transit or hotel services over which AD AND MD has no control or any other circumstances beyond its control, in which case AD AND MD will use commercially reasonable efforts to secure a whatever refund possible for retreat participants, though no refund can be guaranteed. Full payment is due 2 weeks prior to departure. (Failure to pay balance on time will result in a $100 late fee. – late registrants excepted.) If PARTICIPANT must cancel the Trip after this point for health reasons provable by medical certificate, AD AND MD will do their best to secure a replacement for PARTICIPANT. If AD AND MD secures a replacement for PARTICIPANT then AD AND MD may issue a partial refund of the any other amounts paid to AD AND MD, in an amount determined by AD AND MD in its sole discretion. For these reasons, AD AND MD recommends that PARTICIPANT obtains travel insurance. PARTICIPANT acknowledges that AD AND MD cannot ascertain all possible risks associated with the Trip and travel to a foreign nation which may not have the infrastructure, security, medical facilities, hygiene, and legal system of the United States. PARTICIPANT has been advised that some of the health risks or dangers may include: wild animals, negligent drivers, faulty equipment, unsafe food, contaminated water supplies, theft, living conditions that may not be as secure as those in the United States and inadequate medical facilities. PARTICIPANT is fully responsible to independently research all of the risks of the Trip. PARTICIPANT confirms being mentally and physically fit and fully able to participate in the Trip. PARTICIPANT has consulted with a licensed doctor, disclosed all known disabilities and infirmities, and has been medically approved to attend the Trip and participate in all anticipated activities. PARTICIPANT has truthfully disclosed to AD AND MD in writing all known medical conditions, illnesses and injuries that bear upon fitness to travel and participate in all of the yoga activities on the Trip. PARTICIPANT understands that disclosure of these conditions is essential to not only the health and safety of PARTICIPANT but everyone else in the group. Failure to disclose any relevant conditions on PARTICIPANT bearing upon fitness to attend the Trip shall constitute a waiver of any injury or damage on the Trip and shall subject PARTICIPANT to liability for any damages suffered by AD AND MD, or any third party, that were proximately caused as a result of PARTICIPANT'S failure to disclose such conditions. PARTICIPANT acknowledges the possibility of personal injury, emotional trauma, detention, illness, unanticipated events, death, economic loss or damage to property. PARTICIPANT is aware that medical services or facilities, including emergency medical care and transportation, might not be available while he/she is participating in the Trip. PARTICIPANT also consents to and authorizes AD AND MD to obtain all emergency medical or dental care for PARTICIPANT that is prescribed by a duly licensed physician, osteopath or dentist. This care may be given under whatever conditions are necessary to preserve the life, limb, or well being of PARTICIPANT. In consideration of being permitted to participate in the Trip, PARTICIPANT agrees to assume all risks of illness, injury, property loss, or death, including without limitation the risks, dangers and hazards of the Trip discussed above, and agrees not to sue and to release from liability and indemnify AD AND MD and its shareholders, officers, directors, employees, agents, and other persons or entities involved with the Trip (collectively, the "Releasees"), from all actions, claims, demands, suits, losses, liabilities, charges, expenses (including, without limitation attorneys' fees), and costs of any nature whatsoever which may arise out of, relate to, or result from PARTICIPANT'S participation in the Trip, except such as may arise out of the gross negligence or intentional torts of the Releasees. PARTICIPANT grants AD AND MD the absolute right to copyright, re-use, publish and republish by any medium, including electronically, any photos of PARTICIPANT or in which PARTICIPANT may be included, that may be taken while participating in any activity on the Trip. The terms of this Agreement shall serve as a release and assumption of risk binding on PARTICIPANT'S heirs, executor, administrator and all members of PARTICIPANT'S family, including any minors accompanying PARTICIPANT. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard for its conflict of laws rules. In the event that any provision herein is unenforceable, the balance of this Agreement shall remain enforceable. This Agreement constitutes the entire agreement between the parties. No oral agreements or understandings not contained herein are binding on the parties. Any changes to this Agreement must be made in writing and signed by all parties, and any amendment must reference this Agreement and the intent to amend this Agreement. I HADE CAREFULLY READ THIS AGREEMENT. I UNDERSTAND IT IS A RELEASE OF LIABILITY AND REQUIRES ME TO INDEMNIFY THE RELEASEES. I FREELY AND VOLUNTARILY AGREE TO BE BOUND BE EACH AND EVERY PROVISION OF THIS AGREEMENT.
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