EVENT WAIVER – RELEASE OF LIABILITY
By checking the box next to this Terms of Use to “Add to Cart”, and clicking the “Checkout” button and completing your purchase, you, the purchaser of a Still and Stable Retreat Cabin Pass Event ticket (hereinafter “you” or “Participant”) agree you are voluntarily choosing to purchase entry into this Event hosted by Fortifyu (hereinafter “The Company” or “Company”), on the date(s) and at the location(s) noted below, and you agree you are voluntarily entering into a legally binding Agreement with Fortifyu, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of $450 (early bird pricing), Client is electing to purchase a ticket to Still and Stable Retreat. (hereinafter “Event”). Once ticket has been purchased, Participant agrees he/she understands no refunds will be given for any reason, including Participant becoming unavailable for Event, absent extenuating circumstances, as decided by Company. In exchange, Company agrees to provide the services outlined below.
General Event Itinerary
Participant understands that Event is a two (2) day live event in Ortonville, Michigan, designed to provide a space of rest, emotional healing, and community for animal care workers.
Voluntary Participation
Participant agrees and understands that his or her decision to attend this Event is purely voluntary; any negative experiences before, during, or after the Event is at no fault or responsibility of Company. Participant acknowledges Company has not forced nor personally advised Participant of his/her need to be at Event; Participant has decided based upon the totality of circumstances that it would benefit him or her and does not hold Company responsible for such decision. Participant will not hold Company nor any affiliates, employees, owners, or contractors responsible for any injury, issue, or negative experience had at the Event as a result of her attendance, or any portion of travel to and from Event.
Travel
Participant also acknowledges he/she may need to travel in order to attend Event, and confirms that the decision to travel, and manner and mode by which he/she chooses to travel in order to get to Event is wholly of Participant’s own choosing, and not in any way associated with the Event or Company, nor is it included in the Event. Should Participant encounter a negative situation or result from the choice of manner of travel, Participant understands and agrees that Company is neither responsible nor liable in any way, and that any required or optional travel is in no way associated with the Event.
Accommodations
Participant is choosing to purchase accommodations to stay overnight at the event space in a shared cabin with one other individual. The Overnight Cabin pass ticket includes price of admission for daytime activities October 12 and 13 as well as access to overnight cabin accommodations the night of October 12 in a cabin with a Queen bed and pull-out sleeper sofa that will be booked for a 2-person occupancy. The cabin has ability for a 4-person occupancy if beds are shared (though an additional Day Pass must be purchased by additional occupants if opting for shared bed occupancy and additional occupants over 2 per cabin will only be booked upon request of Participants assigned to the cabin).
Company is not responsible for any additional expenses incurred by Participant due to booking his/her own accommodations, nor will Company reimburse Participant should he/she choose to book his or her own accommodations. Participant understands any issue(s) with accommodations, or any such similar issue is purely between Participant and the manager or owner of the hotel or accommodations he/she may choose; Company is in no way involved or responsible for any such issue.
Food
Company may provide appropriate food and drinks depending on the length and timing of Event, as Company sees fit throughout the duration of Event; any additional funds spent on food, drinks, or refreshments will not be included in Event, and will be the sole decision and responsibility of Participant.
Participant understands Company will do its best to label any and all food and drink options in order to identify any potential allergens contained in a meal or food item, but cannot guarantee accuracy or completeness of all food warnings. If Participant has any food allergies, intolerances, or special needs involving food or drinks, she will use her own independent judgment to determine if such food and/or drinks are appropriate for her consumption, and will use common sense in making decisions regarding what to consume while at Event. While Company will make a reasonable effort to provide meal and drink options that fit within common dietary restrictions or needs, Participant understands and agrees it may not always be feasible to accommodate every restriction, and there may be certain meals, or certain portions of meals, that will not comply with Participant’s restrictions. Participant understands and agrees that Company is not to be held responsible should Participant have any adverse reaction to foods or drinks while at Event, whether due to a known or unknown cause, whether food was appropriately labeled or not. Participant takes full responsibility for choosing what to eat at Event, if anything, and agrees Company nor any Company employee, owner, affiliate, or contractor is not responsible should Participant experience any sort of health-related issue while at Event.
Release
Participant understands Event may include elements or activities that involve a certain level of physical activity, fitness level, or physical ability, which carries with it certain inherent risks. This may include, but is not limited to Somatic Breathwork, yoga, forest bathing/forest walks, and any other similar wellness-centered activity Company may see fit. By execution of this agreement, Participant accepts and assumes all risks associated, as well as full responsibility for any and all injuries, damages (economic and noneconomic), and losses of any type, and fully and forever release and discharge Company, any affiliates or employees of Company, and any individuals participating as guest speakers or experts at Event from any claims, demands, damages, rights of action or causes of action – present or future – whether known or unknown, anticipated or unanticipated, resulting from or arising out of participation in Event.
Participant agrees to be solely responsible for her safety, as well as the safety of any guests he/she/they may have brought. They agree to conduct themselves in a reasonable and controlled manner at all times while at Event, and refrain from partaking in any activities that may cause him/her/they injury or illness. Participant understands Company is not responsible for any property lost stolen, or damaged while at Event.
Risk Acknowledgement and Acceptance
Participant understands and acknowledge there may also be a risk from contact with other participants, including negligent or wanton acts of other participants, failures in following guidelines and rules of the event or any applicable laws, any defects of conditions of the premises where Event is held, and/or any effects of weather, including heat, cold, rain, winds, storms, or humidity. Participant further acknowledges that each of these risks are that which Participant voluntarily assumes and agrees Company is in no way responsible or liable for any negative results or injuries she may sustain as a result of the above risks she may encounter. Participant has the option to leave Event at any time, should it become unsuitable for Participant.
As part of the Event, Company will also offer activities including breathwork release and activities involving horses. By choosing to participate in either or both activities at Event, Participant confirms she/he understands and agrees that (a) all activities are completely voluntary, and Participant is under no obligation or expectation to participate or complete the activity; (b) Participant agrees he/she will not participate in any such activity if there is any medical or personal reason why Participant should not; and (c) Participant agrees to obtain any necessary medical clearance prior to attending Event if he/she plans to participate in either activity. Participant understands there is an inherent risk with engaging in activities such as breathwork, including but not limited to illness, emotional and mental turmoil or trauma, dizziness, or any other physical or mental health concern. Similarly, engaging in activities with horses also creates an inherent risk of serious injury, including but not limited to being stepped on, hit, thrown, or otherwise injured by such large animals. Participant expressly agrees and confirms he/she hereby assumes all risk of serious injury, trauma, or death stemming from any activity within Event, and fully and completely releases Company from any and all liability stemming from either activity within Event.
Medical Evaluation
Participant confirms he/she has completed any testing necessary to confirm he/she is medically and physically able to attend Event and takes full responsibility for his/her physical well-being at Event. If Participant has any health-related restrictions, limitations, is pregnant, disabled in any way, or has recently suffered an illness, injury, or impairment, Participant confirms he/she either has or will consult a personal physician regarding this issue prior to attending Event, and obtain any information regarding how to maintain health while at Event. Company is not liable should any injury or aggravation occur.
Should it be determined at any time during Event that Participant is in need of medical attention, Participant consents to receiving emergency medical care and transportation as deemed appropriate and necessary by medical professionals called to the Event, or on site with the venue. This Release also extends to any liability arising out of or related to any medical treatment provided to Participant, including but not limited to negligent emergency rescue options. Participant confirms that should she sustain any injury requiring medical attention, Company is not liable. Participant agrees to hold Company harmless from any injury or illness sustained, directly or indirectly caused by participation in Event.
Disclaimer / Indemnification
Participant also expressly agrees to indemnity and hold Company and all affiliates, contractors, employees, and owners harmless against any and all claims, demands, damages, rights or causes of action or any person or entity that may arise from injuries or damages sustained by Participant while attending Event. Participant also understands the hosts, speakers, experts, and guests are not necessarily doctors, nurses, lawyers, financial advisers, psychics, licensed therapists, or other similar professionals, (and if they are, Participant understands they are not acting in their capacity as such and are not providing any personalized advice or treatment at Event) and agree to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of any aspect of Event. Participant confirms he/she is attending voluntarily and confirms any expectations or preconceived notions about Event are purely speculation.
Company is also not to be responsible nor liable if Event is not what Participant expects, or if Participant is subjectively dissatisfied with the Event. Company does it best to accurately and adequately market Event to outline the content, potential benefits, and past attendees’ experiences; however, none of the above guarantees Participant will have the same experiences, same results, or obtain any tangible or financial benefits from Event.
Participant understands that all services provided by Company in connection with the Event are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Participant is choosing to attend Event on a purely voluntary basis and does not hold Company responsible should Participant become dissatisfied with any portion of Event. Participant agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following Event.
Earnings Disclaimer: Company does not make any guarantees or assurances regarding a particular financial outcome based on Event attendance, nor is Company responsible for Participant earnings, or any increase or decrease in finances based upon Event attendance. Any information or testimonials regarding past or current clients’ participation in or success after Events are individual, and results may vary.
While Company has designed Event to promote relaxation and healing, Company is offering Coaching and guidance within Event only; there are no medical elements, nor will Company engage in any medical treatment, diagnoses, or any mental health treatment, diagnoses, or any kind of therapy or counseling services. Participant confirms he/she is not looking for any kind of medical or mental health treatment at Event, and understands no such services will be taking place.
Payment and Refunds
Participant understands and agrees Event ticket must be purchased in full in order to obtain valid ticket; unless otherwise agreed to in writing with Company, no payment plans are offered, and ticket must be purchased in full at the time of purchase.
Company is not able to offer refunds once Participant has purchased a ticket to Event, unless otherwise specified or agreed to in writing by an authorized member of Company.
Termination
Should Participant become unable to attend Event, he/she may, with Company approval, attempt to resell his/her ticket to another attendee to recoup some or all of the funds back. Otherwise, no refunds or returns are accepted.
Should Company need to postpone, move, or cancel Event, Company will advise participants as soon as possible, and offer alternate dates or other suitable substitutes to gain the value of the Retreat.
Dispute Resolution
Any dispute or issue relating to Event is to be resolved via mediation in or as near as possible to the city of Livonia, Michigan. This Waiver is also controlled by Michigan Law, and is to be construed by the laws of Michigan, regardless of location of Event or Participant.
Photo/Media Release
Participant understands and agrees that Event will likely be filmed, recorded, and/or documented by photographers, media, or other members of the press. Participant understands he/she will likely be videotaped, photographed, or otherwise captured at Event, and consents to same. Participant hereby grants Company a royalty-free, irrevocable license to use Participant’s name, likeness, and image in using such video and photography from Event for commercial use, as it sees fit. This may include but is not limited to posting photos and video on Company’s website, and social media channels (Facebook, Instagram, Twitter, etc.) future sales pages and advertisements for future Events, and to promote and publicize the Event in general. Company may also sell or assign the right to use such images or other materials to third parties. By purchasing a ticket and agreeing to this Waiver, Participant provides Company with a full, irrevocable release allowing Company and any other relevant party to use his/ her name and likeness, and all such footage in any way it sees fit.
Other Event attendees may also have recording devices, including cell phones, laptops, and other means of recording footage, photos, and audio that they may share online via social media applications. Participant understands that attendees are within their rights to do so, and that Participant does not have any expectation of privacy at Event – she understands and agrees she will likely be photographed, videoed, and otherwise seen at Event, whether in the background or forefront of such recordings, and such images or videos may be shared by the person who records them. Company is not responsible for footage, photographs, and any other information obtained by Event attendees and posted on social media, the Internet, and/or other avenues. Participant agrees to fully indemnify and hold harmless Company and any affiliates of Event should any attendee post or broadcast any form of photography or media regarding or including Participant, whether intentional or unintentional. Company is not responsible nor liable for what attendees may post, and Participant agrees he or she is attending Event voluntarily, and assumes any and all such risks of being photographed or otherwise recorded by Event staff, attendees, guest experts, speakers, and/or Company.
Subsequent Marketing
If Participant is located outside of the European Union and provides her name and email address to Company in order to attend Event, Participant understands such personal information will be added to the Company database for subsequent marketing purposes, in compliance with Company’s Privacy Policy, which can be reviewed HERE. Company will not sell, share, or use such data in any way other than as specified in the Privacy Policy, and will utilize it to send emails from time to time, with content Company believes Participant may be interested in. Participant may opt out at any time by clicking the “unsubscribe” button in an email sent, or by contacting Company at info@fortifyucoaching.com, and Participant will be removed immediately.
I, PARTICIPANT, have read the foregoing waiver and release, and voluntarily agree to the terms as written, with full knowledge of its content and meaning. I understand this Waiver is being agreed to in addition to and in accordance with any additional Agreements between myself and Company, in relation to any other programs or services from Company that I am currently participating in.