RELEASE AND LIABILITY WAIVER
To provide the most transformative and best experience possible, we require that each person that books a retreat with us via CANYON TRIBE (we refer to each such person simply as “Guest”) agrees to this Guest Release and Waiver of Liability, Promise Not To Sue, Assumption of Risk, and Indemnity Agreement (“Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A LEGAL DOCUMENT AFFECTING THE LEGAL RIGHTS OF EACH GUEST THAT BOOKS A RETREAT.
By booking a retreat (“Retreat”), Guest demonstrates a desire to experience the CANYON TRIBE journey, an experience provided by CANYON TRIBE LLC, a California limited liability company (the “Company”). As good and valuable consideration for being permitted by the Company to experience this retreat, Guest agrees to all of the terms and conditions set forth in this Agreement.
ACKNOWLEDGEMENT OF RISKS. Guest is aware and understands that the Retreat involves physical activities such as but not limited to yoga, meditation, pilates that inherently involves potential risks and dangers.
ASSUMPTION OF RISKS. NOTWITHSTANDING THE RISKS AND DANGERS INHERENT IN EXPERIENCING THE RETREAT, GUEST AGREES TO ASSUME ANY AND ALL RISKS CONNECTED WITH THE EXPERIENCE, EVEN IF ARISING FROM THE NEGLIGENCE OF ANY “RELEASEES” NAMED BELOW OR OTHERS.
NO LIABILITY FOR POSSESSIONS. It is each Guest’s sole responsibility to ensure that your possessions are kept safe at all times. Company shall have no responsibility or liability with respect to this Section.
LIABILITY WAIVER, RELEASE AND PROMISE NOT TO SUE. GUEST AGREES TO WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE COMPANY AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, “RELEASEES”) IN CONNECTION WITH OR RELATED TO THE RETREAT, WHETHER ARISING OUT OF THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE. GUEST ALSO PROMISES NOT TO BRING OR ASSERT (OR PERMIT A THIRD PARTY, INCLUDING GUEST’S HEIRS, FAMILY MEMBERS, EXECUTORS OR ADMINISTRATORS, TO BRING OR ASSERT) ANY CLAIM, DEMAND, SUIT OR ACTION WHATSOEVER THAT GUEST MAY NOW OR IN THE FUTURE HAVE AGAINST THE RELEASEES THAT ARISE OUT OF OR ARE CONNECTED WITH THE RETREAT OR THE USE AND EXERCISE OF THE RIGHTS GRANTED TO THE COMPANY IN THIS AGREEMENT. SUCH CLAIMS, DEMANDS, SUITS AND ACTIONS INCLUDE, BUT ARE NOT LIMITED TO, NEGLIGENCE, LIBEL, VIOLATION OF PRIVACY RIGHTS, EMOTIONAL DISTRESS/PAIN AND SUFFERING, LOSS OF/DAMAGE TO PROPERTY, DEATH, OR BODILY INJURY.
RELEASE AND WAIVER OF UNKNOWN CLAIMS. Guest understands that the release and waiver of liability set forth above covers claims which Guest may not know about or suspect may exist at this time. Nevertheless, Guest expressly waives and relinquish all rights and benefits under Section 1542 of the California Civil Code (or any comparable law), which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Guest understands that, for purposes of this Agreement, the terms “creditor,” “his/her” and “him/her” as used in the above-quoted language refers to Guest and Guest’s heirs, family members, executors or administrators, and the term “debtor” refers to the Releasees named above.
INDEMNITY. GUEST AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY EACH OF THE RELEASEES FROM ANY LOSS, LIABILITY, CLAIM, DAMAGE, JUDGMENT, LEGAL FEES OR COSTS ARISING FROM, INCURRED DUE TO, OR OTHERWISE IN CONNECTION WITH THE RETREAT, WHETHER ARISING FROM THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTICE OF FILMING OR RECORDING. Guest understands that Guest may be photographed, filmed, or otherwise recorded in connection with the Retreat. Guest understands and agrees that all photographs, audio recordings, and video footage taken of Guest while at the Retreat, and any works derived therefrom, will be the sole property of the Company and that the Company may, but does not have the obligation to, share such photographs, audio recordings, or video footage with Guest. The Company or other parties may use such recordings as provided in Section 7.
GUEST NAME AND LIKENESS. When Guest appears in, creates, uploads, posts, or sends any photographs, audio recordings, or video footage depicting or relating to the Retreat, Guest grants the Company the unrestricted, worldwide, royalty-free, perpetual right and license (with the right to transfer or sublicense) to use Guest’s name, likeness, voice, and all other aspects of Guest’s persona for the purpose of operating, developing, providing, promoting, advertising, and improving the Retreat or Company in general or any other products or services provided by the Company or its sublicensees (in either case, now known or developed later). This means, among other things, that Guest will not be entitled to any compensation from the Company, its affiliates, or its business partners if Guest’s name, likeness, or voice is used in the Company’s promotions, whether on the Company’s website, social media channels, or otherwise.
GUEST CONTENT. If Guest creates, uploads, posts or sends any photographs, audio recordings, or video footage depicting or relating to the Retreat or Company, Guest grants the Company and its affiliates the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensable, and transferable right and license to use, display, reproduce, perform, modify, transmit, publish, and distribute such photographs, audio recordings, or video footage for any purpose whatsoever in any and all media (in either case, now known or developed later). Guest also agrees to not exploit any photographs, audio recordings, or video footage of the Retreat or Company for any commercial purpose without the Company’s prior written consent.
FITNESS AND RESPONSIBLE BEHAVIOR. Guest represents that Guest (and any other people under Guest’s responsibility or control): (a) is not under the influence of any alcohol, drugs or medications that would alter their senses or judgment, (b) is aware of any physical, emotional, or other condition such as a heart condition, back condition, history of seizures, and/or sensitivity that would create a hazard to Guest or others as a result of experiencing the Retreat; (c) is physically fit and able to undertake conditions involved in experiencing the Retreat; and (d) will act responsibly during his or her travels while on the Retreat.
EMERGENCY MEDICAL CARE. Guest authorizes and consents to emergency medical care and transportation to obtain treatment in case of injury, as the Company may deem appropriate. Guest expressly agrees to be solely financially responsible for such care and acknowledges that Guest is solely responsible for carrying his or her own health insurance. The waiver and release of liability in this Agreement extends to any liability arising out of or in any way connected with any such medical treatment and transportation Guest receives or any failure to provide such treatment or transportation, whether arising from the negligence of any of the Releasees or otherwise.
INVALIDITY. Guest expressly agrees that the terms of this Agreement are intended to be as broad and inclusive as is permitted under the laws of the State of California. If any portion (e.g., paragraph or sentence) of this Agreement is held invalid, illegal, or unenforceable to any extent and for any reason by any court of competent jurisdiction, such portion will be excluded to the extent of such invalidity or unenforceability; all other terms of this Agreement will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
MISCELLANEOUS. This Agreement states the complete understanding as to its subject matter, and may only be modified (or any provision waived) by a writing signed by the parties. Guest understands this Agreement is legally binding on Guest, and Guest’s heirs, personal representatives, and assigns, and all matters arising from, relating to, or connected will be governed by and interpreted under the laws of the State of California, without regard for any principles that would cause the application of the laws of any other jurisdiction. Any claim or action (regardless of form) connected with, arising from, or relating to this Agreement or Company will be filed only in a federal or state court located in the County of Los Angeles, State of California, and the Company and Guest irrevocably consent and submit to the personal jurisdiction of such courts and waive any claim that such courts are an inconvenient forum or venue.
CONSENT TO ELECTRONIC TRANSACTIONS. Guest hereby consents to contracting and transacting electronically. Electronic signatures, whether digital or encrypted, are intended to authenticate this Agreement and to have the same force and effect as manual signatures. To be clear, Guest will be deemed to have consented to the terms of this Agreement by completing a transaction to book a Retreat via Canyon Tribe.
GUESTS THE AGE OF 27 AND OVER. Guest confirms that he or she is over the age of 27.
BY BOOKING A RETREAT, GUEST UNDERSTANDS THAT HE OR SHE IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES.