RETREAT WAIVER – RELEASE OF LIABILITY
This Release of Liability and Retreat Agreement (“Agreement”) is entered into on the date in which a Retreat ticket is purchased, and is by and between A Better Place Consulting, LLC (“Company”), and you, the Retreat Attendee and participant purchasing a space in the retreat as outlined below (“Participant”). Participant understands and agrees they are entering into a legally binding Agreement with Company, inclusive of the following terms and conditions as outlined herein:
General Retreat Itinerary
Participant is electing to join Company’s retreat in person in Costa Rica and it’s designed to educate + support participants in expanding themselves and their business goals. This is a 6 day program from January 2nd, 2025 - January 7th, 2025.
Medical Disclaimer
The purpose and goal of the Retreats are to provide Client with information, education, accountability, and support in the field of coaching, personal development, abundance mindset, and to receive education in breathwork. Retreats and content contained within it are not to be considered medical advice, and nothing within the Retreats are intended to provide or act as a substitute for mental health or medical treatment. There are no treatment or medical-based elements to the Retreats, and it is not meant for those who are in need of (or think they may be in need of) medical or counseling services. Company encourages Participant to consult a physician if they believe they may benefit from such services, and/or to obtain medical clearance to participate in activities such as breathwork. Company will assume that all individuals choosing to participate in the Retreats will have previously obtained clearance and permission from their applicable personal medical physician.
Voluntary Participation
Participant agrees and understands that the decision to attend the Retreats, and/or participate in any and all activities available at the Retreats is purely voluntary, and must be independently decided by Participant. To the extent allowable by law, any negative experiences before, during (including during any guest expert or instructor classes and activities as applicable), or after the Retreat is no fault or responsibility of Company. Participant will not hold Company nor any affiliates, employees, owners, or contractors responsible for any injury, issue, or negative experience occurring while at the Retreats, as a result of their attendance, or any portion of travel to and from Retreats.
Travel
Participant acknowledges they may need to travel to attend the Retreats, and confirms that the decision to travel, and manner and mode by which Participant chooses to travel, is wholly of Participant’s own choosing, and not associated with the Retreats or Company, nor is it included in the Retreat. Should Participant encounter a negative situation or result from the choice of manner of travel, including but not limited to lost luggage, flight delay, injury, illness, or other property loss, Participant understands and
agrees that Company is neither responsible nor liable, and that any required or optional travel is not associated with the Retreats.
Accommodations
Company will provide housing accommodations in connection with Retreat; if Participant is traveling to attend and in need of overnight lodging outside of the above dates, Participant will need to research, book, and purchase any such accommodations on their own. Any decision to do so is wholly unrelated to the Retreats.
Food
Company may elect to provide snacks, meals and/or drinks for optional consumption by Participant as desired, as Company sees fit throughout the duration of the Retreats; any additional funds spent on food, drinks, or refreshments by Participant will not be included in the Retreats, and will be the sole decision and responsibility of Participant. Should Company offer food or drinks, it will do its best to label all food and drink options to allow Participants to identify any potential allergens contained in a food item, but cannot guarantee accuracy or completeness of all food warnings. Participant will use independent judgment to determine if such food and/or drinks are appropriate for consumption. While Company will make a reasonable effort to provide meal and drink options that fit within common dietary restrictions or needs, it may not be feasible to accommodate every restriction, and there may be certain foods that will not comply with Participant’s restrictions. Company is not to be held responsible should Participant have any adverse reaction to foods or drinks while at Retreats, 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 the Retreats.
General Release
Participant understands the Retreats may include activities that require a certain level of physical activity or exertion, which carries with it certain inherent risks. This may include, but is not limited to classes, workshops, and/or trainings offered from speakers and the host in the form of breathwork, meditative practices and meditation, and any other similar wellness-centered physical or mental activity Company may see fit. By execution of this agreement, Participant accepts and assumes all risks associated with any activities they elect to participate in while at the Retreats, and take 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 or companies participating as guest speakers, instructors, or experts at Retreats 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 the Retreats.
Participant agrees to be solely responsible for their safety. Participant agrees to always conduct themselves in a reasonable and controlled manner while at Retreats, and refrain from partaking in any activities that may cause injury or illness. While Company will do its best to be aware of any and all participant special needs or safety precautions and will take all reasonable safety measures when offering any kind of activity, Participant understands Company is not responsible for any resulting injury,
damages, property loss, or other negative issue that occurs during or after Retreats.
Potential Risks
Participant understands and acknowledges 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 Retreats or any applicable laws, any defects of conditions of the premises where Event is held, and/or any effects of weather. Participant acknowledges 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 they may sustain as a result of the above risks they may encounter. Participant has the option to leave the Retreats at any time, should it become unsuitable for Participant.
Medical Evaluation
Participant takes full responsibility for their physical well-being at Retreats. If Participant has any health related restrictions, limitations, is pregnant, disabled in any way, or has recently suffered an illness or injury, Participant has or will consult a physician regarding this issue prior to attending Retreats, and obtain any information regarding how to maintain health while at Retreats. Company is not liable should any injury or aggravation occur.
Should Participant need medical attention during Retreats, Participant consents to receiving emergency medical care and transportation as deemed appropriate and necessary by medical professionals called to the Retreats. 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 they sustain any injury requiring medical attention, neither Company nor Bunny Young is liable nor responsible in any way, financial or otherwise. Participant agrees to hold Company harmless from any injury or illness sustained, directly or indirectly caused by participation in Retreats, and confirms they will not involve Company in any claim, lawsuit, or cause of action related to injuries sustained or damaged alleged directly or indirectly from Participant’s attendance at or involvement in Retreats.
Medical Release
By participating in Retreats, Participant understands they may be exposed to germs, viruses, and/or illnesses, and may contract a virus as a direct or indirect result. Participant confirms they have independently weighed the risks, conducted any additional research, asked any necessary questions, and made a voluntary decision to attend Retreats. Participant has been adequately informed of all risks associated with gathering in-person, and hereby assume all such risks associated with potential transmission or exposure, and accept sole responsibility for any illness, injury, damage, claim, or exposure arising from Retreats.
Participant agrees Company is not liable or responsible in any way, financially or otherwise, should Participant be exposed to or contract COVID-19 or other illness as a direct or indirect result of attending Retreats. Participant agrees to hold Company and any other assistants participating in Retreats harmless from any medical expenses, emotional damage or other alleged or real costs, damages, causes of action, or claims that may result from contracting or any virus or illness. As consideration for this waiver,
Company agrees to waive any liability or claim against Participant for any viral transmission or exposure. However, all such waivers shall not prohibit actions or claims against any person who knowingly participated in Retreats while exhibiting any symptoms of illness, or who knowingly participated while having an active, contagious illness.
Disclaimer / Indemnification
Participant hereby, for themselves and all heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enters into this waiver and release of liability and hereby waives any and all rights, claims or causes of action of any kind whatsoever arising out of participation in the Retreats. Participant does hereby release and forever discharge owners, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, of any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that Participant may suffer as a direct result of participation in Retreats, including traveling to and from any events related to Retreats.
Participant 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 Retreats, including attorneys’ fees and related costs, if litigation arises pursuant to any claims made by Participant or anyone else acting on Participant’s behalf. Participant also understands the hosts, speakers, experts, and guests are not necessarily doctors, nurses, lawyers, financial advisers, 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 Retreats) and agree to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of any aspect of Retreats. Participant confirms they is attending voluntarily and confirms any expectations or preconceived notions about Retreats are purely speculation. Participant acknowledges Company’s directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts, failures or negligence while conducting Retreats on behalf of owners.
All services provided by Company in connection with the Retreats 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 Retreats on a purely voluntary basis and does not hold Company responsible should Participant become dissatisfied with any portion of Retreats. Participant agrees that they does not have a cause of action, legal remedy, and is not entitled to a refund should they not achieve the results desired following Retreats.
Earnings Disclaimer: Company also does not make any guarantees or assurances regarding a particular financial outcome based on Retreats, nor is Company responsible for Participant earnings, or any increase or decrease in finances based upon information within Retreats. Participant understands they are purchasing access to information, guidance, and community, not a guaranteed increase in business growth or financial gain.
Dispute Resolution
Any dispute or issue relating to Retreats is to be resolved via mediation in or as near as possible to the city of Henrico, Virginia. This Waiver is also controlled by Virginia Law and is to be construed by the laws of Virginia, regardless of location of Retreats or Participant.
Photo/Media Release
Participant hereby grants Company a royalty-free, irrevocable license to use Participant’s name, likeness, and image in using such video and photography from Retreats 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 Retreats, and to promote and publicize the Retreats in general. Company may also sell or assign the right to use such images or other materials to third parties. By purchasing a spot in Retreats and agreeing to this Waiver, Participant provides Company with a full, irrevocable release allowing Company and any other relevant party to use their name and likeness, and all such footage in any way it sees fit.
Other Retreats attendees and presenters 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 Retreats. Company is not responsible for footage, photographs, and any other information obtained by Retreats 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 Retreats 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 they are attending Retreats voluntarily, and assumes any and all such risks of being photographed or otherwise recorded by Retreats staff, attendees, guest experts, speakers, and/or Company.
Term / Termination
This Waiver is to take effect as soon as Participant signs the waiver or before the retreat officially starts Janaury 2nd, 2025 whichever is first. It is to continue in full force and effect through the date of January 8th, 2025 when the program completes. If Participant is no longer able to attend Retreat, they may terminate this Agreement; however, no refund will be provided absent extenuating circumstances, and/or as outlined above with respect to illness.
This agreement was entered into without duress or coercion and is to be interpreted as an agreement between two parties of equal bargaining strength. Participant agrees that this agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this agreement shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties.
I, PARTICIPANT, have carefully 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.
I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Bunny Young , nor A BETTER PLACE CONSULTING LLC AND ALL OF THEIR AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THEM FOR PERSONAL INJURY OR PROPERTY DAMAGE.
