Participant Agreement_Waiver | Violet Spark Energy

Participant Agreement, Waiver of Liability and Release

In consideration of my participation in a Violet Spark Wellness Retreat and associated events and activities (collectively referred to as “Retreat”) and the services of Violet Spark Wellness Retreats, its agents, owners, officers, volunteers, participants, employees, sponsors, and all other persons or entities acting in any capacity on its behalf, as well as its successor and assigns (collectively referred to as “VSWR”), I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate (collectively referred to as “Participant”), hereby agree to release and discharge Violet Spark Energy as follows:

1. Waiver of Liability and Release.

Participant does hereby release and forever discharge Violet Spark Energy from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to Participant’s involvement in a Retreat. Participant understands that this Agreement discharges Violet Spark Energy from any liability or claim that the Participant may have against Violet Spark Energy with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Participant’s involvement in a Retreat, whether caused by the negligence of Violet Spark Energy , or otherwise. Participant also understands that Violet Spark Energy does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.

Participant understands and acknowledges that the Activities in which Participant will voluntarily engage in at a Retreat bear certain known inherent Risks that contribute to the unique character of these Activities, and that Violet Spark Energy cannot eliminate, alter, or control these inherent risks. These Risks include those inherent in yoga activities, as well as those inherent in backcountry recreational activities.

2. Indemnification and Hold Harmless.

Participant hereby agrees to indemnify and hold harmless Violet Spark Energy from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in a Retreat, or use of Violet Spark Energy facilities or equipment, including any such claims which allege negligent acts or omissions of Violet Spark Energy.

3. Medical Care.

Participant does hereby release and forever discharge Violet Spark Energy from any liability, claims, and causes in action that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with the Participant’s involvement in a Retreat.

4. Certification and Assumption of Risk.

Participant here-by certifies that he/she is physically fit, has trained sufficiently for participation in the Retreat and has not been advised otherwise by a qualified medical person. Participant agrees that Violet Spark Energy is not qualified to evaluate Participant or Participant’s fitness for involvement in the Retreat. Participant must determine if he or she is sufficiently fit to participate. Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in the Retreat, including, but not limited to all Risks. Participant agrees that his/her involvement in the Retreat is purely voluntary, and Participant elects to participate in the Retreat in spite of the Risks.

5. Definitions.

“Activities” include, but are not limited to the following activities which may be provided and/or sponsored by Violet Spark Energy: yoga, hiking, high altitude hiking, transportation, training, classes, instruction, traveling to and from the Retreat, and all other activities associated with the Retreat. “Risks” include, but are not limited to those known risks inherent to the Activities specifically listed below, vehicular travel and traffic, road and trail conditions, known and unknown health conditions, allergies, sudden weather changes, rain, snow, wind, hail, lightening, high altitude or motion sickness, dehydration, heat stroke, snake bite, bee and other insect stings and/or bites, wild and domestic animals, inaccessibility to immediate medical attention, falling rocks and trees, equipment failure, driver error, rider error, Participant error, food provided, facilities, actions of other people, and acts of God.

Risks inherent in yoga activities are dangers or conditions that are an integral part of yoga activities, including but not limited to minor muscle strains, muscle sprains, bruises, abrasions, post-exercise muscle soreness, joint injuries, torn muscles, heat-related illnesses, broken bones, ACL injuries, back injuries, stroke, heart attack, paralysis, death, and injury or death caused by any of the following: equipment that breaks or otherwise fails, slips and falls, lack of nutrition or hydration, negligence on the part of Participant or other people around Participant, terrain, facilities, temperature, weather, condition, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, and teachers.

Risks inherent in back-country recreational activities are dangers or conditions that are an integral part of back-country recreational activities, including but not limited to sudden weather changes, rain, snow, wind, hail, lightning, Participant’s physical condition and physical exertion for which Participant is not prepared, hypothermia, hyperthermia, high altitude and/or motion sickness, dehydration, heat stroke, snake bite, bee stings, insect bites and/or stings, wild and domestic animals, distance and inaccessibility to immediate medical attention, travel over rough terrain, falling rocks and trees.

6. Personal Property.

Participant acknowledges and agrees that he/she is responsible for his/her equipment and all personal property during the Retreat and that Violet Spark Energy is not responsible in any way for such property whether it is lost, stolen or damaged.

7. Photographic Release.

Participant does hereby grant and convey unto Violet Spark Energy all right, title and interest in any and all photographic images, video or audio recordings made by Violet Spark Energy during the Retreat, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes Violet Spark Energy to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.

8. Policies

Deposit and Payment

A 50% deposit is required at time of registration to hold your spot. You may cancel for a full refund per the dates listed in the event description.

Full payment is due on the date listed in the event description.

* Due to the costs involved for this amazing retreat spot, a minimum number of guests are required for the retreat to feasible at this location. If we get fewer reservations, we can make alternate arrangements if agreeable to participants or you will get a full refund.

Cancellation:

I want this to be totally doable for those that are interested, but I'm juggling the cost of the retreat with the amount of people signing up. So here is my cancellation policy:

You may cancel prior to the event for a full refund of your deposit prior to making full payment as per the dates listed in the event description.
Full payment is due as per the date listed in the event description.
Cancellation after full-payment is non-refundable.

*That being said, if you can find someone to take your place, or there is a wait-list, I will be able to refund everything but a $200 cancellation fee.

9. Retreat Rules

Participants will be asked to sign a release of liability form.
There is no smoking allowed in the rooms or on the property.
No pets are allowed.
There is a noise curfew of 10pm.
No alcohol, marijuana and or illegal substances are allowed during the retreat.
This retreat is meant for adults so no children under the age of 18 are allowed. I am willing to consider exemptions to this rule if a child is willing and able to participate in the activities and won't disturb other participants. Please contact me directly to discuss.