TERMS, CONDITIONS AND LIABILITY WAIVER
Maggie Umberger Yoga, LLC and its affiliates, subsidiaries and parent companies (collectively, the “Event Host”) are pleased to welcome you (referenced herein with “you” and “your”) on its yoga retreat in Tulum, Mexico from March 5-10, 2020 (the “Event”). By registering for the Event, you accept and agree to be bound by the terms, conditions and liability waiver included in this agreement (the “Agreement”).
Please read this Agreement carefully. It includes a release of liability and waiver of legal rights and deprives you of the ability to sue certain parties. Do not agree to this document unless you have read and understood it in its entirety. By agreeing electronically, you acknowledge that you have both read and understood the text presented to you as part of the registration process.
You also understand and agree that participating in the Event carries certain inherent dangers and risks, which may or may not be readily foreseeable, including without limitation personal injury, property damage or death. Your ability to register for and participate in the Event is subject to your agreement to the terms, conditions and liability waiver included in this Agreement.
By indicating your acceptance, you understand, agree, warrant and covenant as follows:
1. You have full knowledge and appreciation that this Event is potentially a hazardous activity, you assume all risks attendant thereto and thus release, waiver and forever discharge the Event Host, as well as the event director, sponsors, volunteers, land owners and any local, state, or government entity, from any and all liability or responsibility for injuries and or property damage which may occur during the Event. This waiver and release includes you and all parties herein, and all heirs, executors or administrators thereto, and is given in full awareness of its contents and in consideration of acceptance / entry into this Event.
2. You agree to abide by the rules and regulations of the Event and any other local, state and municipal laws applicable. In registering for and participating in the Event, you expressly acknowledge you are prohibited from, and agree that you will not harass, stalk, disrupt or interfere with any other person’s enjoyment of the Event.
3. You represent and warrant that you are over 18 years of age and have full legal authority to complete this event registration on behalf of yourself and / or any party you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged.
4. YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO REGISTER FOR AND PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE EVENT HOST FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
5. All registrations require full payment for the Event at the time of booking to secure your spot. If you cancel your registration before or on December 31, 2019, you will be refunded 50% of the registration fee. If you cancel your registration after December 31, 2019, you will be liable for the full registration fee and lose any deposits and payments made.
6. If for any reason beyond the Event Host’s reasonable control, including but not limited to strikes; labor disputes; acts; regulations, orders or has been deemed unadvisable by government authorities; civil disorder; disasters, acts of war; acts of God; fires; flood or other emergency conditions; any delay in necessary and essential repairs of the hotel; the Event Host is unable to perform its obligations under this Agreement, such non-performance is excused and the Event Host may terminate this Agreement without further liability of any nature, upon return of your deposit and / or payments. In no event shall the Event Planner be liable for consequential damages of any nature for any reason whatsoever.
7. You hereby assign all rights of every nature whatsoever in and to all video recording(s), audio recording(s) and photograph(s) made of you during the Event by the Event Host. This permission also grants the exclusive right to reproduce, exhibit, distribute, and otherwise exploit in perpetuity throughout the universe (in whole or in part) such photographs and recordings in any and all media, whether now known or hereafter devised, including without limitation in connection with the promotion of future events or business activities. You hereby authorize the editing, re-recording, duplication, reproduction, copyright, sale, exhibition, broadcast and / or distribution of said recording(s) and photograph(s) in which you participate. You hereby waive any right to inspect or approve the finished video recording(s), audio recording(s), photograph(s) or printed matter that may be used in conjunction therewith or to the eventual use that it might be applied.
8. You agree to indemnify and hold the Event Host harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising from or relating to your registration of and participation in the Event.
9. By completing this event registration, both you and the Event Host agree that this Agreement shall be governed in all respects by the laws of the State of Illinois and any dispute not settled by private negotiation or by mediation shall be finally resolved by a court located in Cook County, Illinois.
10. You further expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
11. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.