EVENT WAIVER – RELEASE OF LIABILITY
This Release of Liability and Event Agreement (“Agreement”) is entered into on the date in which Participant checks the corresponding box and purchases an Event ticket, and by and between Living Wholly and the Event Attendee purchasing a ticket (“Participant”) with respect to the ticket(s) purchased to attend ATTUNE on the date(s) outlined on the sales page. The participant understands and agrees he/she is entering into a legally binding Agreement with Company, inclusive of the following terms and conditions mutually agreed upon once the box is checked, and the ticket is purchased.
For good and valuable consideration outlined below, Participant is electing to purchase a ticket to ATTUNE (“Event’). Once ticket has been purchased, Participant agrees he/she understands no refunds will be given for any reason, including Participant becoming unavailable for Event, absent extenuating circumstances, as decided by Company. In exchange, Company agrees to provide the services outlined below.
Participant agrees and understands that his or her decision to attend this Event is purely voluntary; any negative experiences before, during (including during presenter talks and activities), or after the Event is at no fault or responsibility of Living Wholly (hereinafter “The Company” or “Company”). Participant acknowledges Company has not forced nor personally advised Participant of his/her need to be at Event; Participant has decided based upon the totality of circumstances that it would benefit him or her and does not hold Company responsible for such decision. Participant will not hold Company nor any affiliates, employees, owners, or contractors responsible for any injury, issue, or negative experience had at the Event as a result of her attendance, or any portion of travel to and from Event.
Company may provide appropriate food and drinks depending on the length and timing of Event, as Company sees fit throughout the duration of Event; any additional funds spent on food, drinks, or refreshments will not be included in Event, and will be the sole decision and responsibility of Participant.
Participant understands Company will do its best to label any and all food and drink options in order to identify any potential allergens contained in a meal or food item, but cannot guarantee accuracy or completeness of all food warnings. If Participant has any food allergies, intolerances, or special needs involving food or drinks, she will use her own independent judgment to determine if such food and/or drinks are appropriate for her consumption, and will use common sense in making decisions regarding what to consume while at Event. While Company will make a reasonable effort to provide meal and drink options that fit within common dietary restrictions or needs, Participant understands and agrees it may not always be feasible to accommodate every restriction, and there may be certain meals, or certain portions of meals, that will not comply with Participant’s restrictions. Participant understands and agrees that Company is not to be held responsible should Participant have any adverse reaction to foods or drinks while at Event, 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 Event, if anything, and agrees Company nor any Company employee, owner, affiliate, or contractor is not responsible should Participant experience any sort of health-related issue while at Event.
Participant understands Event will include elements or activities that involve a certain level of physical activity or exertion, fitness level, or physical ability, 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 yoga, meditative practices and meditation, and any other similar wellness-centered activity Company may see fit. By execution of this agreement, Participant accepts and assumes all risks associated, as well as 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 participating as guest speakers or experts at Event 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 Event.
Participant agrees to be solely responsible for his/her safety, as well as the safety of any guests he/she may have brought. He/She agrees to conduct herself in a reasonable and controlled manner at all times while at Event, and refrain from partaking in any activities that may cause him/her injury or illness. Participant understands Company is not responsible for any property lost stolen, or damaged while at Event.
Participant confirms he/she has completed any testing necessary to confirm he/she is medically and physically able to attend Event and takes full responsibility for his/her physical well-being at Event. If Participant has any health-related restrictions, limitations, is pregnant, disabled in any way, or has recently suffered an illness, injury, or impairment, Participant confirms he/she either has or will consult a personal physician regarding this issue prior to attending Event, and obtain any information regarding how to maintain health while at Event. Company is not liable should any injury or aggravation occur.
Should it be determined at any time during Event that Participant is in need of medical attention, Participant consents to receiving emergency medical care and transportation as deemed appropriate and necessary by medical professionals called to the Event, or on site with the venue. 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 she sustain any injury requiring medical attention, Company is not liable. Participant agrees to hold Company harmless from any injury or illness sustained, directly or indirectly caused by participation in Event.
Disclaimer / Indemnification
Participant also 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 Event. Participant also understands the hosts, speakers, experts, and guests are not necessarily doctors, nurses, lawyers, financial advisers, psychics, 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 Event) and agree to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of any aspect of Event. Participant confirms he/she is attending voluntarily and confirms any expectations or preconceived notions about Event are purely speculation.
Company is also not to be responsible nor liable if Event is not what Participant expects, or if Participant is subjectively dissatisfied with the Event. Company does it best to accurately and adequately market Event to outline the content, potential benefits, and past attendees’ experiences; however, none of the above guarantees Participant will have the same experiences, same results, or obtain any tangible or financial benefits from Event.
Participant understands that all services provided by Company in connection with the Event 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 Event on a purely voluntary basis and does not hold Company responsible should Participant become dissatisfied with any portion of Event. Participant agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following Event.
Earnings Disclaimer: Company does not make any guarantees or assurances regarding a particular financial outcome based on Event attendance, nor is Company responsible for Participant earnings, or any increase or decrease in finances based upon Event attendance. Any information or testimonials regarding past or current clients’ participation in or success after Events are individual, and results may vary.
Payment and Refunds Participant understands the Event ticket purchase is a FINAL sale, and no refunds will be offered, regardless of Event weather. Once Participant agrees to purchase the ticket, he/she will not be offered a refund for any reason, and understands he/she is financially responsible for the ticket, even if Participant elects not to attend Event at a later date.
Any dispute or issue relating to Event is to be resolved via mediation in or as near as possible to the city of Los Angeles, California. This Waiver is also controlled by California Law, and is to be construed by the laws of California, regardless of location of Event or Participant.
Participant understands and agrees that Event will likely be filmed, recorded, and/or documented by photographers, media, or other members of the press. Participant understands he/she will likely be videotaped, photographed, or otherwise captured at Event, and consents to same. Participant hereby grants Company a royalty-free, irrevocable license to use Participant’s name, likeness, and image in using such video and photography from Event 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 Events, and to promote and publicize the Event in general. Company may also sell or assign the right to use such images or other materials to third parties. By purchasing a ticket and agreeing to this Waiver, Participant provides Company with a full, irrevocable release allowing Company and any other relevant party to use his/ her name and likeness, and all such footage in any way it sees fit.
Other Event 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 Event – she understands and agrees she will likely be photographed, videoed, and otherwise seen at Event, whether in the background or forefront of such recordings, and such images or videos may be shared by the person who records them. Company is not responsible for footage, photographs, and any other information obtained by Event 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 Event 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 he or she is attending Event voluntarily, and assumes any and all such risks of being photographed or otherwise recorded by Event staff, attendees, guest experts, speakers, and/or Company.
I, PARTICIPANT, have 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 confirm that checking the corresponding box next to this agreement on the purchase page and completing purchase is acting as confirmation of my assent to this Agreement.