Terms and Conditions

 
 

Terms and Conditions for Retreats

1) 1ITINERARY SUBJECT TO MODIFICATION. The Itinerary is subject to change and Company expressly reserves the right to modify the Itinerary at any time due to availability of third party vendors, weather conditions, local conditions, or other circumstances out of Company’s control.

2)DEPOSIT.  The Deposit is non-refundable.  However, in the event the Company has to cancel the entire Retreat, the Deposit and other monies, except those non-refundable payments made to third (3rd) parties by the Company for the Retreat, will be refunded to Participant.


IF COMPANY DOES NOT RECEIVE PARTICIPANT’S PACKAGE TOTAL ON OR BEFORE PAYMENT DUE DATE, COMPANY MAY CANCEL PARTICIPANT’S PACKAGE RESERVATION WITHOUT NOTICE AND PARTICIPANT WILL NOT BE ELIGIBLE FOR REFUNDS OF ANY AMOUNTS.  A THIRTY-FIVE DOLLAR ($35.00) non-sufficient fund fee will be assessed for all declined payments.


5. PASSPORT, VISA AND RELATED ITEMS.  Participant is responsible for obtaining and maintaining a valid passport and all appropriate visas, permits, certificates, and/or other required documentation (the “Documentation”) for the countries, jurisdictions, parks, areas, etc. Participant will visit during the Retreat.  Company shall not be responsible, and no refund will be provided to Participant, for a denial of entry or exit to and/or from a location for any reason, including, but not limited to, lack of valid Documentation.  (Participant’s Initials)


6. TRAVEL INSURANCE.  Company strongly recommends the purchase of travel insurance for the Retreat.  Participant is solely responsible for the cost of any travel insurance and ensuring that Participant is adequately insured for the full duration of the Retreat with respect to possible illness, injury, death, property damage, loss of baggage and personal items, damages, costs, expenses, or liabilities (collectively, the “Losses”).  Participant shall be solely responsible for any Losses related to Participant’s failure to procure travel insurance.  Company is not responsible for any Losses Participant incurs and/or sustains.


7. CHANGES OR CANCELLATIONS.


  1. Changes.  Company reserves the unconditional right to make changes to any and all aspects of the Retreat (which may include without limitation changes to the types and/or timing of activities available during the Retreat, items and/or services included with the Retreat, the Itinerary, and/or the nature of the Retreat programs) if, in Company’s sole discretion, Company deems it necessary to do so due to conditions that may be hazardous, dangerous, or otherwise adverse or threatening (“Hazardous Condition”).  Any act or omission of a third party that may prevent any aspect of the Retreat or any portion of the Retreat shall be considered a Hazardous Condition and Company reserves the unconditional right to make changes.  In the event Company has to make any changes due to Hazardous Conditions, Participant shall not receive any refunds of payments made to Company.


  1. Cancellations.


  1. By Company.  Company reserves the right to cancel Participant’s Retreat Package if Participant’s Package Total is not received on or before the Payment Due Date and Participant will not be eligible for refunds of any amounts.  Company further reserves the right to cancel the Retreat at any time prior to the Retreat in the event an insufficient number of registrants are confirmed for the Retreat or for any other reason in Company’s sole discretion and, in such an event, Participant will receive a full refund of the amount Participant remitted to Company, but in no event will Company be responsible for any other amount, including preparation costs, airfare, travel documents, or any other Losses or claimed damages.

  2. By Participant.  All cancellations by Participant must be in writing and emailed to Company at lila@aquaperformancegroup.com.  If cancellation takes place more than 60 days prior to the Retreat Start Date, Participant will be refunded, except Participant’s non-refundable deposit. If Cancellation takes place 45-59 days prior to Retreat Start Date, 50% of payments will be refunded, except Participants Non-Refundable Deposit. If Cancellation takes place within 45 days of Retreat Start Date, Participant forfeits the entire amount remitted to company.

  3. Violation of Code of Conduct.  Company reserves the right to cancel Participant’s participation in the Retreat should Participant violate any term of the Code of Conduct attached hereto as Exhibit “C”.  No refund will be provided to Participant should Company cancel Participant’s participation in the Retreat for a violation to the Code of Conduct.


  1. Effect of Changes or Cancellation.  In the event of any change or cancellation under this Paragraph 7, Participant acknowledges that Participant will have no right to refund of the Package Total (whether in whole or in part, except as expressly provided in this Paragraph 7 (b)(i)) and no right to claim compensation for any Liabilities incurred and/or sustained by virtue of any change or cancellation.


8. PHOTOS, VIDEO, OTHER MEDIA RELEASE.  By and in consideration for being permitted to participate in the Retreat, Participant irrevocably grants Company and its agent and representatives all right to use, reproduce, display, exhibit, publish, distribute, and/or produce derivative works based on Participant’s image, likeness, and voice as recorded by any camera and/or on any video, audio and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for marketing and trade purposes.  Participant agrees that Participant’s Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Company at its sole discretion.  Participant understands that Participant’s Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses.  Participant further understands and grants permission to Company and its agents and representatives to electronically display any Likeness of Participant on the Internet or in other public settings.  Participant hereby waives the right to inspect or approve any and all materials in which Participant’s Likeness may appear.  Participant further waives any right or royalties or other compensation arising or related to the use of Participant’s Likeness.  This release applies to all photographic, audio and/or video recordings collected as part of, in connection with, and/or during the Retreat (by Company or any third party).  There is no time limit on the validity of the release nor is there any geographic limitation on where materials including Participant’s Likeness may be used, reproduced, displayed, exhibited, published, and/or distributed by or on behalf of Company.


9. ASSUMPTION OF RISK.  Participant understands that serious accidents may occur while participating in the Retreat, including without limitation Retreat programs, and that participants can sustain fatal and/or serious personal injury.  As stated above, the Retreat may take place in a remote location where there is little or no access to traditional medical services or hospital facilities for serious and/or particular health issues.  Participant may also visit places where the political, cultural, and geographical attributes of the location present risks and physical challenges that are greater than those present in Participant’s country of residence.  It is Participant’s responsibility to familiarize his/herself with all possible relevant travel information in connection with Participant’s participation in the Retreat.  Understanding and in full consideration of the foregoing, Participant agrees to solely and exclusively assume full and complete responsibility for and the risks inherent in travel and engaging in Physical Activity which may include injury, death, property damage, and/or any other kind of Liability, whether foreseen or unforeseen, which may occur during Participant’s participation in the Retreat.  PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT’S DECISION TO PARTICIPATE IN THE RETREAT IS MADE IN FULL CONSIDERATION OF THE FOREGOING INFORMATION AND THAT PARTICIPANT SOLELY AND EXCLUSIVELY ASSUMES THE RISKS INVOLVED WITH PARTICIPATING IN THE RETREAT.  IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN THE RETREAT.


10. WAIVER OF LIABILITY AND RELEASE.  IN CONSIDERATION FOR PARTICIPATING IN THE RETREAT, PARTICIPANT VOLUNTARILY ASSUMES FULL RESPONSIBILITY FOR AND HEREBY RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE COMPANY, ITS MANAGERS, MEMBERS, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, GUIDES, AND OTHER REPRESENTATIVES (EACH A “COMPANY PARTY” AND COLLECTIVELY, THE “COMPANY PARTIES”) FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, AND/OR LOSSES (INCLUDING BUT NOT LIMITED TO ANY EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, MEDICAL EXPENSES, LOST WAGES/INCOME, LOSS OF SERVICES, LOST PROFITS, PROPERTY DAMAGE, PAIN, ILLNESS, AND DEATH) (COLLECTIVELY, “LIABILITIES”) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO PARTICIPANT’S TRAVEL TO AND/OR FROM THE RETREAT AND/OR PARTICIPATION IN THE RETREAT AND/OR ANY ACTIVITIES CONDUCTED IN CONNECTION THEREWITH, REGARDLESS OF WHETHER SUCH LIABILITIES ARE CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.  Participant has been advised and urged to obtain travel insurance to cover against Liabilities resulted from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and Participant’s participation in the Retreat.  Participant acknowledges that whether or not Participant elects to purchase or not purchase travel insurance Participant will not look to any of the Company Parties for reimbursement for any Liabilities suffered or occurring during Participant’s travel to and/or from the Retreat and/or participation in the Retreat.


11. INDEMNITY.  PARTICIPANT FURTHER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY AND ALL LIABILITIES (INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEYS’ FEES) THAT ONE OR MORE OF THE COMPANY PARTIES MAY INCUR AS A RESULT OF PARTICIPANT’S PARTICIPATION IN THE RETREAT, WHETHER CAUSE BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE (BUT EXCLUDING ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A COMPANY PARTY), TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.


12. BINDING EFFECT.  It is Participant’s express intent that this Retreat Agreement shall bind the members of Participant’s family and spouse (if any), if Participant is alive, and Participant’s heirs, assigns and personal representative, if Participant is deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE any of the Company Parties.


13. GENERAL


  1. Entire Agreement.  This Retreat Agreement constitutes the entire agreement between Participant and Company, and supersedes any prior agreement, regarding the subject matter herein.  Participant acknowledges and represents that no oral representations, statements, or inducements, apart from those set forth herein, have been made to Participant by any Company Party.


  1. Fore Majeure.  If Company is prevented (directly or indirectly) from performing any of its obligations under this Retreat Agreement by reason of any act of God, strike, trade dispute, fire, inclement weather, breakdown, interruption of transportation networks/means, government or political action, acts of war or terrorism, act or omission of a third party, or for any other cause whatsoever outside of Company’s reasonable control, COMPANY WILL BE UNDER NO LIABILITY WHATSOEVER TO PARTICIPANT AND MAY, AT COMPANY’S SOLE DISCRETION, BY WRITTEN NOTICE TO PARTICIPANT, EITHER CANCEL THE RETREAT PURSUANT TO PARAGRAPH 7 OR TAKE ANY OTHER REASONABLE ACTION.


  1. Governing Law.  Participant irrevocably agrees that the Retreat Agreement shall be governed by the laws of the State of Hawaii, that any mediation, suit, or other proceeding must be filed or entered solely and exclusively in Maui, Hawaii and that the federal or state courts located in Maui, Hawaii and any courts of appeal therefrom shall have sole and exclusive jurisdiction to settle any dispute arising under or in connection with this Retreat Agreement (including any disputes as to this Retreat Agreement’s existence or validity).  Participant waives any objection (on the grounds of lack of jurisdiction, forum non conveniens, or otherwise) to the exercise of jurisdiction by such courts.


  1. Interpretation.  Participant acknowledges and agrees that this Retreat Agreement, including the releases and waivers of liability herein, are intended to be as broad and inclusive as permitted by applicable law.


  1. Severability.  If any portion(s) of this Retreat Agreement is/are held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, such portion(s) shall be interpreted and/or reformed without further action of the Parties hereto to render them valid and enforceable when applied to the facts at issue and the lawfulness, validity, and enforceability of such provision(s) as applied to any other facts, and the lawfulness, validity, or enforceability of the remaining provisions of this Retreat Agreement shall in no way be affected or impaired thereby.


  1. Waiver.  The failure or delay by Company to enforce or exercise any provision of the Retreat Agreement shall not constitute or be deemed a waiver of such provision or any other provisions herein.  Furthermore, any waiver or breach of any provision of this Retreat Agreement shall not amount to a waiver of any other provision.


  1. Headings.  The headings in the Retreat Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions herein.


  1. Electronic Signature.  An electronic or other reproduction of the Retreat Agreement may be executed by one or more Parties, and an executed copy of the Retreat Agreement may be delivered by one or more Parties by electronic transmission devise under which the signature of or for such Party can be seen, and such execution and delivery is to be considered valid, binding, and effective for all purposes. 


YOU ARE AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO PARTICIPATING IN THE RETREAT, AND ACKNOWLEDGE THAT HIS IS A CONSENT, RELEASE OF LIABILITY AND A WAIVER OF YOUR LEGAL RIGHT OT COLLECT IN THE EVENT OF INJURY, DEATH, PROPERTY DAMAGE, OR ANY OTHER LIABILITY, WHICH CREATED A CONTRACT BETWEEN YOU AND COMPANY.  BY YOUR SIGNATURE BELOW, IT IS YOUR INTENTION TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND ANY OTHER LIABILITY UPON YOURSELF, TO THE EXCLUSION OF COMPANY AND ALL COMPANY PARTIES, AND TO EXEMPT COMPANY AND ALL COMPANY PARTIES FROM LIABILITY FOR, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, OR ANY OTHER LIABILITIES.

1. VOLUNTARY PARTICIPATION IN STRENUOUS ACTIVITY.  Participant acknowledges that Participant is voluntarily participating in the Event with Company, which may include Activities that are physically strenuous.  Participant acknowledges that at all times during the Event, Participant will wear the approved protective gear as required to participate in the Activities and understands that protective gear cannot guarantee Participant’s safety and/or injury prevention.  Participant further acknowledges that Participant is fully aware of the risks and hazards connected with participation in the Event and/or engaging in the Activities, which may include the risk of physical or emotional injury, paralysis, permanent disability or death, and Participant hereby elects to voluntarily participate in such Activities as part of the Event.


2. HEALTH AND FITNESS ELIGIBILITY.  Participant has completed the Medical Questionnaire attached hereto as Exhibit “A” and represents that Participant is over the age of eighteen (18) [or is accompanied by Participant’s parent(s) or legal guardian(s) if Participant is under the age of (18)] and is healthy, in good physical and mental health, able to swim and is comfortable in the water, and are at a level appropriate to participate in, and are fully capable of participating in, the Event.  Participant further represents that Participant does not suffer from any medical conditions or disabilities that may restrict, limit, prevent, or preclude your participation in the Event, including any Activities.  Participant will discuss and address any questions or concerns Participant may have about Participant’s physical or mental health with the appropriate health care professional prior to the Event.  Documentation from Participant’s physician confirming Participant’s clearance to participate in the Event may be requested by Company.  If, at any time, Participant has any doubts about Participant’s physical condition or fitness to participate in any aspect of the Event, Participant will cease participation in the same and seek appropriate medical attention.  PARTICIPANT IS HEREBY ADVISED THAT THE EVENT MAY TAKE PLACE IN REMOTE AREAS WHERE THERE IS LITTLE OR NOT ACCESS TO TRADITIONAL MEDICAL SERVICES OR HOSPITAL FACILITIES FOR SERIOUS HEALTH ISSUES (OR PARTICIPANT’S PARTICULAR HEALTH ISSUES).  PARTICIPANT IS FURTHER ADVISED THAT ANY MEDICAL OR EVACUATION EXPENSES WILL BE PARTICIPANT’S SOLE RESPONSIBILITY.  Company reserves the right in its sole discretion to refuse your participation in the Event, any Event programs, Activities, and/or any other activities, due to medical, fitness, or other grounds.  Company also reserves the right to deny participation in the Event or any related activities, at any time, to individuals demonstrating behavior that may result in injury to themselves or others.  Company will NOT disclose any medical information to outside parties unless as required for Participant’s medical care and assistance.


3. ASSUMPTION OF RISK.  Participant understands that Activities may be physically rigorous and Participant possesses the sufficient level of skill and physical fitness for safe participation in the Event Activities.  Participant further acknowledges and agrees that there are certain inherent risks and dangers associated with the Activities that could result in physical or emotional injury, paralysis, death, or damage to Participant or third parties, and that, except as expressly set forth herein, Participant, knowingly and voluntarily accepts and assumes responsibility for each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Participant’s participation in the Activities.  Such risks and injuries may include, but are not limited to, the following:

  • Muscle strains, pulls, tears, broken bones, head, neck and/or spine injuries, surfers’ myelopathy, drowning, blackout, and other bodily injuries and illnesses;

  • Equipment failure and/or malfunction or misuse of Participant’s or others’ equipment which may result in injury;

  • Variation in terrain, wind, temperature, and water conditions, including but not limited to waves, currents, shore break, tides marine life, blowing sand, trees, rocks, other persons and their equipment, and other natural and man-made hazards.

  • Participant’s own negligence and/or the negligence of others, including but not limited to operator error and instructor/guide decision-making including misjudging ocean conditions, weather, equipment or obstacles;

  • Exposure to the elements and temperature extremes may result in heat exhaustion, heat stroke, sunburn, hypothermia, and/or dehydration;

  • Dangers associated with exposure to natural elements included but not limited to tsunami, hurricane, inclement weather, thunder and lightning, severe and/or varied winds, temperature, sea conditions and marine life;

  • Fatigue, exhaustion, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of accident; and

  • Impact or collision with other participants, vendors, spectators, employees, pedestrians, and motor vehicles.

The Event may take place in a remote location where there is little or not access to traditional medical services or hospital facilities for serious and/or particular health issues.  Participant may also be visiting places where the political, cultural, and geographical attributes of the located present risks and physical challenges that are greater than those present in Participant’s country of residence.  It is Participant’s responsibility to familiarize his/herself with all possible relevant travel information in connection with Participant’s participation in the Event.  Understanding and in full consideration of the foregoing, Participant agrees to sole and exclusively assume full and complete responsibility for and the risks inherent in travel and engaging in Activities which may include injury, death, property damage, and/or any other kind of Liability, whether foreseen or unforeseen, which may occur during Participant’s participation in the Event.  PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT’S DECISION TO PARTICIPATE IN THE EVENT IS MADE IN FULL CONSIDERATION OF THE FOREGOING INFORMATION AND THAT PARTICIPANT SOLELY AND EXCLUSIVELY ASSUMES THE RISKS INVOLVED WITH PARTICIPATING IN THE EVENT.  IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN THE EVENT.


4. INJURY.  In the event Participant is injured while participating in the Event, Participant agrees to assume all financial obligations for any and all medical costs Participant incurs.  Participant acknowledges and agrees that IN NO EVENT SHALL COMPANY AND/OR ANY OF ITS MANAGERS, MEMBERS, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, GUIDES, AND OTHER REPRESENTATIVES (EACH A “COMPANY PARTY” AND COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR LIABILITIES ARISING OUT OF PARTICIPANT’S PARTICIPATION IN THE EVENT.


5. WAIVER OF LIABILITY AND RELEASE.  IN CONSIDERATION FOR PARTICIPATING IN THE EVENT, PARTICIPANT VOLUNTARILY ASSUMES FULL RESPONSIBILITY FOR AND HEREBY RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE ANY COMPANY PARTY FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, AND/OR LOSSES (INCLUDING BUT NOT LIMITED TO ANY EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, MEDICAL EXPENSES, LOST WAGES/INCOME, LOSS OF SERVICES, LOST PROFITS, PROPERTY DAMAGE, PAIN, ILLNESS, AND DEATH) (COLLECTIVELY, “LIABILITIES”) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO PARTICIPANT’S TRAVEL TO AND/OR PARTICIPATION IN THE EVENT AND/OR ANY ACTIVITIES CONDUCTED IN CONNECTION THEREWITH, REGARDLESS OF WHETHER SUCH LIABILITIES ARE CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.  Participant is advised and urged to obtain travel insurance to cover against Liabilities resulted from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and Participant’s participation in the Event.  Participant acknowledges that whether or not Participant elects to purchase or not purchase travel insurance Participant will not look to any of the Company Parties for reimbursement for any Liabilities suffered or occurring during your travel and/or participation in the Event.


6. INDEMNITY.  PARTICIPANT FURTHER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY AND ALL LIABILITIES (INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEYS’ FEES) THAT ONE OR MORE OF THE COMPANY PARTIES MAY INCUR AS A RESULT OF PARTICIPANT’S PARTICIPATION IN THE EVENT, WHETHER CAUSE BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE (BUT EXCLUDING ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A COMPANY PARTY), TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.


7. REMOVAL.  Participant agrees at all times while participating in the Activities, to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices.  Participant understands and agrees that he/she may be removed from or restricted from participation in the Activities at any time if:  (i) Participant’s behavior at the Activities, in Company’s sole discretion, is deemed at any point to be disruptive or combative, or may or does cause damage to any person and/or property; or (ii) for any other lawful reason.


8. PERMISSION TO USE LIKENESS/NAME.  Participant grants Company, its affiliates and licensees and each of the authorized photographers or cameramen acting on their behalf, the unrestricted right to videotape, film, portray and/or photograph Participant, without compensation, while present at the Event.  Participant grants Company the right to use his/her name, image, likeness, voice and/or biography for any purpose and in any manner including, without limitation, in connection with the distribution, advertising, promotion, commercial tie-in or other ancillary exploitation of the Event, in all media and by all means now known or hereafter devised throughout the world.


9. SEVERABILITY.  Participant expressly agrees that the foregoing Sport Participant Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Hawaii, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.


10. CONSENT TO MEDICAL CARE.  If Participant is injured or becomes ill while participating in any Activities, Participant consents to receive any medical treatment necessary and acknowledges and agrees that Company is under no legal obligation to render assistance to Participant.


By purchasing a retreat, you agree to these terms and conditions and payment terms and conditions as outlined in the retreat agreement. Additional documents may be required.

 
 
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