Inbody Retreat Waiver
INBODY YOGA ACADEMY AND (ELA ACADEMY) RETREAT TERMS AND CONDITIONS
Inbody Yoga Academy in conjunction with ELA Academy. 1597 S 1100 E, Salt Lake City, UT 84105.
This Agreement covers all trainings and retreats the participant will engage in.
ASSUMPTION OF RISKI acknowledge that I have voluntarily applied to participate in this Inbody Academy/ Ela Academy Retreat referred to below as “this event”. Ela and Inbody Academy Referred to as Inbody Academy.The signer and participant is referred to as participant or student.
In consideration of Inbody Academy accepting my participation in this event, I agree to this release of claims, waiver of liability and assumption of risks.
On behalf of myself, my heirs, executors, successors, administers and any other person who may have an interest at common law or by operation of statute, I hereby waive any and all claims I or such parties may have now or in the future. I release from liability Inbody Academy for any personal injury, death, property damage or loss of any nature suffered by me as a result of my participation in any activity related to this event.
I release from liability Inbody Academy for any cause whatsoever including those arising out of, or in any way connected to or occasioned by the negligence of the releasees.
1. I certify that I am aware of the following regarding the retreat location and activities:
a. Terrain: Wilderness areas are subject to natural forces that can result in obstacles and hazards.
b. Isolation: This event may be isolated areas. We may be in wilderness and natural areas that are not regularly patrolled and communication may be difficult. Rescue and medical treatment may not be available for hours.
c. Animals: Activities in natural areas may result in encounters with wild animals and insects that could be life threatening.
d. Weather: Weather conditions may change rapidly and may be extreme, presenting significant challenges.e. Comfort: Sleeping arrangements and activities may be uncomfortable for some. Please be aware that discomfort is the nature of growth. Please bring any materials or items that will bring you comfort.
f. Cellular and data devices: Cellular devices generally will not work at the retreat center. There will be a land line at the center and email for emergencies should anyone outside of the retreat need to contact the participants. I agree to place my cellular device ipads or laptops in a place to be kept in safe keeping during the retreat. Should an emergency arise I may retrieve my items. Pictures will be taken by staff during the retreat. Non cellular devices such as mp3 players and basic cameras are allowed if they do not have data connectivity.
i. I acknowledge that my reason for participating in this event is the education, enjoyment and/or challenge I receive from the activities involved with it, including: any wilderness and/or natural outdoor experiences; the isolation and opportunity to experience wildlife and nature in a natural surrounding and state; and/or emotional experiences resulting from personal growth exploration. I voluntarily assume all risks associated with these activities and freely waive any and all legal rights that I may have against the releasees.
ii. I am medically, physically, emotionally and in all respects fit and able to participate in this event. I have no medical requirement or condition except what I have outlined in the intake form (separate copy).
iii. I agree I will be fully and financially responsible for my own physical condition and well-being during this event. I will follow the safety precautions and instructions outlined by the facilities where we reside and/or participate in activities, and by Inbody Academy’s staff and/or its hired operators.
iv. I acknowledge that Inbody Academy staff may make suggestions from time to time that are intended to help me and my well-being. However, I take ultimate responsibility for my choices and realize that Inbody Academy staff are not acting as professionally-licensed health care providers and that I am responsible for consulting with my personal medical physician or health care provider.
v. If I experience pain or discomfort during the event, I will communicate to the event facilitator(s) instructions to suit my individual needs. I will not hold Inbody Academy responsible for any pain or discomfort I experience during or after the retreat. I understand that the activities offered on this retreat are not a substitute for medical care. I understand that Inbody Academy Staff are not qualified to perform skeletal adjustments, nor diagnose, prescribe, or treat physical or mental illness.
g. Participation and Dismissal from Retreat
I understand that participation and acceptance to this retreat is dependent on my following and participating in the group rules and dynamics. This is a silent retreat and may involve learning, personal grow and emotional processing. I understand should my or others behavior become disruptive to the silence of the retreat or emotional well-being or group dynamics including demands on the teachers and staff, I will be given guidance related to my supporting the cohesion of the group. Should said behavior continue in anyway I understand I may be dismissed without refund from both the retreat and possibly the training program I may be participating in, depending upon severity of said conduct.
Level 2 Behavior
i. Inappropriate behavior includes but is not limited to a. disruption and outbursts. b. Creating disorder or disorganization in rooms and bathrooms.c. Excessive lack of cleanliness and personal hygiene. d. Excessive talking leading up to and after the retreat. e. Not adhering to the retreat schedule.
After two warnings I may be asked to leave the retreat at my own expense.
Level 1 Behavior
ii. The following conduct has a zero tolerance rule and includes: a. Aggressive or negative behaviors or expressions toward other retreatants or staff of any sort. b. Provocative behavior including but not limited uninvited touching of other participants in any form. c. Sexual or perceived sexual behavior during the retreat of any form including individually or with other students or staff.
d. illegal drugs or alcohol of any form.
e. weapons and firearms are prohibited.
Any of the above may be subject to immediate dismissal at the retreatants own expense.
iii. I acknowledge that NO refunds will be given for any reason for the retreat or training. This includes no refunds given for dismissal from the program or retreat.
I have carefully read and understand this agreement. I sign this waiver of my own free will.
2. MISCELLANEOUS: (i) This Agreement shall be governed by the internal laws of the State of Utah without regard to principles of conflicts of laws, (ii) this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (iii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by Participant without the prior written consent of Inbody Yoga Academy and ELA Academy. Consent maybe withheld in Inbody Yoga Academy and ELA Academy’s absolute discretion, and (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable.
3. ARBITRATION: Any and all claims you may have against Inbody Yoga Academy and ELA Academy must be submitted on an individual basis to binding arbitration. The arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No claim can be submitted as a class, consolidated, collective or representative action.
4. WAIVER OF LIABILITY: PARTICIPANT/STUDENT ACKNOWLEDGES THAT YOGA AND ANY RELATED RETREAT ACTIVITIES CAN BE A DANGEROUS ACTIVITY,AND THAT I AM RESPONSIBLE FOR KNOWING MY OWN PHYSICAL AND EMOTIONAL LIMITATIONS. I UNDERSTAND THAT THE USE OF INBODY YOGA ACADEMY AND ELA ACADEMY’S FACILITIES, EQUIPMENT, MERCHANDISE, SERVICES AND PROGRAMS (INCLUDING ONE-ONE TRAINING) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO STUDENTS AND GUESTS AND INVITEES. THE PARTICIPANT VOLUNTARILY AGREES TO ASSUME ALL RISKS OF PERSONAL INJURY TO PARTICIPANT, PARTICIPANT’S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY PARTICIPANTS, GUESTS OR INVITEES AND WAIVES ANY AND ALL CLAIMS OR ACTIONS THAT PARTICIPANT MAY HAVE AGAINST INBODY YOG AACADEMY AND ELA ACADEMY, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANYOF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO PARTICIPANT, PARTICIPANT’S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY PARTICIPANTS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (I) INJURIES ARISING FROM USE OF ANY EQUIPMENT.
(II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND CLASSES, SWIMMING POOLS, HOT TUBS, OR OTHER AREAS OF THE RETREAT CENTER, at INBODY ACADEMY, OR ENROUTE TO RETREAT CENTER OR INBODY ACADEMY. (III) INJURIES ARISING FROM INBODY YOGA ACADEMY AND ELA ACADEMY’S NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (IV)INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS, OR EMOTIONAL DISTRESS OF ANY SORT,RESULTING FROM ANY SERVICES AT ANY INBODY YOGA ACADEMY AND ELA ACADEMY AND RETREATS INCLUDING BUT NOT LIMITED TO HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; AND (V) ACCIDENTAL INJURIES WITHIN ANY INBODY YOGA ACADEMY AND ELA ACADEMY FACILITIES OR ON RETREAT FROM NEGLENCE OR ANY OTHER ISSUES. PARTICIPANT ALSO WAIVES ALL CLAIMS AGAINST INBODY YOGA ACADEMY AND ELA ACADEMY, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS PARTICPANT MAY HAVE UNDER ANY OF THE STATE’S CONSUMER PROTECTION STATUTES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
5. ASSUMPTION OF RISK AND INDEMNIFICATION: PARTICIPANT shall indemnify Inbody Yoga Academy and ELA Academy, its parents, subsidiaries another affiliates and each of their respective officers, directors, employees, agents, successors and assigns (an “Indemnified Party”) and save and hold each of them harmless against and pay on behalf of or reimburse any such indemnified party as and when incurred for any losses which such indemnified party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive.
6. Do not sign this Agreement until you have READ IN FULL. PARTICIPANT is entitled to a completely filled-in copy of this Agreement. By signing this Agreement, PARTICIPANT acknowledges that (A) This Agreement will become legally binding upon its acceptance by Inbody Yoga Academy and ELA Academy, and (B) Inbody Yoga Academy and ELA Academy makes no representations or warranties to Participant, either expressed or implied, except to the extent expressly set forth in this Agreement. This Agreement constitutes the entire agreement between the PARTICIPANT and Inbody Yoga Academy and ELA Academy with respect to the subject matter hereof and supersedes any and all prior agreements, written or oral, with respect to such subject matter.
MODEL RELEASEI agree to release any photo or audio recorded of myself during the retreat and during any future or past function related to Inbody and Ela Academy LLC. I agree to allow my likeness, audio and video to be reproduced for any purpose in perpetuity.
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Document Name: Inbody Retreat Waiver
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