This retreat waiver (the “Waiver”) is by and between Chi Coaching (ABN 34 667 869 834) & Wise Serpent Group Pty Ltd doing business as Within (“Within”, “Company”, or “we”), and the registered participant listed on the registration form (“Participant” or “you”), as of the date the Participant agrees to the terms in form “Retreat Intake Form” (the “Effective Date”). Within and Participant are referred to herein individually as a “Party” and collectively as the “Parties.”
WHAT WE ARE AGREEING TO
CODE OF CONDUCT:
First and foremost, our retreat (the “Roaring Fire Retreat”) is dedicated to providing a harassment-free experience for everyone. “Harassment” includes, but is not limited to offensive verbal comments related to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion, technology choices, sexual images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. We do not tolerate harassment of Retreat participants in any form, including at talks, workshops, parties, on Twitter and other online media, by any party, including Retreat partners. Participants asked to stop any harassing behavior are expected to comply immediately. Participants violating these rules may be sanctioned or expelled from the Retreat without a refund at the discretion of the Retreat organizers.If you are harassed, notice that someone else is being harassed, or have any other concerns, please contact a member of retreat staff immediately. Retreat staff will be happy to help participants contact hotel/venue security or local law enforcement, provide escorts, or otherwise assist those experiencing harassment to feel safe for the duration of the experience. We value your attendance.
Make sure to bring your ID for the ferry.
Within is not responsible or liable for any loss, damage, expense, cost, or any other travel issue.
As mentioned the Wise Serpent Fest is going to be held during the time of this event and there may be times when video recording is performed, this will be done with your permission and agreement at the time.
Any promotional material will also be in accordance with your permission.
TRAVEL & MEALS:
Travel from Cape Jervis to Kangaroo Island via SeaLink Ferry is included in Retreat package, it is the participants responsibility to get to Cape Jervis.
The participant will be transported from Ferry terminal to location of retreat by the Party.
Meals are also included in the price of the Retreat package.
Meals will be provided from 5pm Friday (11th Nov) to 12 noon Sunday (13th Nov)
Participants should note any dietary restrictions, otherwise default (healthy) meals will be provided.
The Company and any chefs or caterers participating in Retreat shall not be held liable for any illness or allergic reaction to any food items provided during the Retreat.
CONSUMPTION OF SUBSTANCES:
This is a substance free retreat.
Prescribed medication(s) are acceptable.
Keep it high vibe naturally 🙂
HEALTH OF PARTICIPANT: Your participation in the Retreat indicates your acknowledgment and agreement with, as well as warranty of, the following statements:
- It is Participant’s responsibility to consult a physician before participating in this Retreat to ensure eligibility for strenuous physical activity (physical activity will be moderate at most) and Participant affirms that they have no medical conditions that would restrict Participant from participating in physical activities.
- Participant agrees that if they experience any medical issues while attending the Retreat, they will contact their doctor immediately.
- Participant understands and agrees that it is their responsibility to let Within know if Participant finds themselves in any pain or discomfort before, after, or during the Retreat.
- Participant agrees to keep Within apprised of any changes or upcoming changes concerning Participant’s physical health and/or personal information.
- Participant agrees and verifies that all of the information that Participant has given Within and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
- Participant agrees and verifies that if Participant has omitted any necessary personal information, whether knowingly or unknowingly, Participant will hold Within harmless against all liability for any damages that may occur to Participant or to others because of Participant’s actions or inactions.
- If Participant does require medical treatment or attention while or after participating in the Retreat, Participant authorizes Within to provide to Participant, through medical personnel of Within’s choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Within to provide such assistance, transportation, or services. Participant agrees that they alone are responsible for the payment of any medical costs and agrees to hold Within blameless from any charges, fees, or costs that Participant’s conditions may incur.
- Participant understands and agrees that Within shall attempt to reach the Emergency Contact listed above should Participant require medical attention or treatment, but in the event Within cannot reach that contact and authorizes medical treatment, in no way shall Within be liable for any harm that may arise from the lack of contact or any medical treatment authorized without input from the Emergency Contact.
- Participant specifically acknowledges and agrees that these clauses are not intended to be a general release, which would be limited under some state and local laws.
ASSUMPTION OF THE RISK: You acknowledge and understand that during the Retreat, you may be exposed to a variety of liabilities and risks, foreseen or unforeseen, which are inherent in remote location based retreats. All care will be taken to mitigate these risks however you acknowledge that the possibility of serious personal injury, death and property damage resulting from, but not limited to: physical exercise and exertion; physical contact with other participants or third parties; falling or tripping due to environmental hazards, uneven surfaces, or debris; other health hazards associated with physical activity and outdoor events; injury or death resulting from exposure to unfavorable weather conditions; and hazards related to catering, including but not limited to food sickness, allergic reactions, choking (collectively the “Injuries and Damages”). You further acknowledge and understand that these Injuries and Damages cannot be entirely eliminated. You fully understand and agree that Within has not tried to contradict or minimize your understanding of these risks. You understand that Injuries and Damages can occur by natural causes or activities of other persons, environmental circumstances, staff of Within or other third parties, either as a result of negligence or because of other reasons. You understand that third parties cannot necessarily be controlled, and that Participant’s safety, physical health, or emotional wellbeing cannot be guaranteed while participating in the Retreat and related activities
WAIVER OF LIABILITY FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE: In acknowledging the foregoing ASSUMPTION OF THE RISK section, YOU CONFIRM YOUR UNDERSTANDING OF THE FOLLOWING: To the fullest extent allowed by law, you agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY, AND HOLD HARMLESS THE COMPANY and its parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents and employees (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, any your death or personal injury relating to your participation in the Retreat, even if caused by NEGLIGENCE of the Released Parties; Such negligence could involve negligent assessment of the Retreat’s feasibility in a given area and/or location. You understand and intend that the assumption of risk and release is binding upon your heirs, executors, administrators and assignors. This waiver and release is intended to be as broad and inclusive as is permitted by law.
INDEMNIFICATION: Participant shall defend indemnify and hold harmless Within, including affiliates and each of their respective officers, directors, shareholders, employees, representatives, agents, successors and assigns from and against all claims of third parties, and all associated losses, to the extent arising out of (a) Within’s gross negligence or willful misconduct in performing any of its obligations under this Agreement, or (b) a material breach by Within of any of its representations, warranties, covenants or obligations under this Agreement.
REFUNDS. We understand that plans can change and your retreat may have to wait. While we cannot transfer or allow for substitutions, we can help you with a refund. If you need to cancel, please email us at email@example.com to let us know as soon as possible, so we can process your refund appropriately. Refunds will be processed as follows:
- 24 hours of Retreat Package purchase: 100% ticket refundable minus Ferry booking
- More than 2 weeks to start date: 100% of ticket refundable
- Less than 2 weeks to start date: We’ll refund 50% of your registration fee.
- Within 5 days prior to start date: 100% Ticket refund minus Ferry & Food expenses.
WARRANTIES: Within represents and warrants that Within has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable federal, state, and local laws, ordinances and regulations. Within further represents and warrants that to the best of Within knowledge, the Retreat hosted by Within and Within’s subcontractors does not infringe the rights of any party, and will not violate the rights of any third parties. Participant represents and warrants that Participant has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable federal, state, and local laws, ordinances and regulations.
ENTIRE AGREEMENT: This Agreement will constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the Parties with respect to the subject matter of this Agreement. The Agreement may be executed in counterparts, each of which will be an original, and all of which together will constitute one and the same document. No modification of these Terms will be binding unless in writing and signed by both Parties. If any provision herein is held to be unenforceable, the remaining provisions will remain in full force and effect. All rights and remedies hereunder are cumulative.
SEVERABILITY & NON-WAIVER: Any failure by Within to require Participant’s performance of any provision in this Agreement shall not affect Within Participant’s rights at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. All rights and remedies hereunder are cumulative.