CANYON TRIBE RELEASE AND LIABILITY WAIVER
To provide the most transformative and best experience possible, we require that each person that books a retreat with us and/or meditation class via CANYON TRIBE (we refer to each such person simply as “Participant”) agrees to this Participant 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 PARTICIPANT THAT BOOKS OUR SERVICES.
By booking a retreat and/or meditation class (“Services”), Participant 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 Services, Participant agrees to all of the terms and conditions set forth in this Agreement.
ACKNOWLEDGEMENT OF RISKS. Participant is aware and understands that the Services may involve physical activities, including, but not limited to, yoga, meditation, and/or pilates that inherently involves potential risks and dangers.
ASSUMPTION OF RISKS. NOTWITHSTANDING THE RISKS AND DANGERS INHERENT IN EXPERIENCING THE ANY OF THE SERVICES, PARTICIPANT 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 Participant’s sole responsibility to ensure that their possessions are kept safe at all times. Company shall have no responsibility or liability with respect to this Section 3.
LIABILITY WAIVER, RELEASE AND PROMISE NOT TO SUE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARTICIPANT 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, CONTRACTORS, AND THIRD PARTY SERVICES PROVIDERS (COLLECTIVELY, “RELEASEES”) IN CONNECTION WITH OR RELATED TO THE SERVICES, WHETHER ARISING OUT OF THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE. PARTICIPANT ALSO PROMISES NOT TO BRING OR ASSERT (OR PERMIT A THIRD PARTY, INCLUDING PARTICIPANT’S HEIRS, FAMILY MEMBERS, EXECUTORS OR ADMINISTRATORS, TO BRING OR ASSERT) ANY CLAIM, DEMAND, SUIT OR ACTION WHATSOEVER THAT PARTICIPANT MAY NOW OR IN THE FUTURE HAVE AGAINST THE RELEASEES THAT ARISE OUT OF OR ARE CONNECTED WITH ANY SERVICES 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. Participant understands that the release and waiver of liability set forth above covers claims which Participant may not know about or suspect may exist at this time. Nevertheless, Participant 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.”
Participant understands that, for purposes of this Agreement, the terms “creditor,” “his/her” and “him/her” as used in the above-quoted language refers to Participant and Participant’s heirs, family members, executors or administrators, and the term “debtor” refers to the Releasees named above.
INDEMNITY. PARTICIPANT 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 SERVICES, WHETHER ARISING FROM THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTICE OF FILMING OR RECORDING. Participant understands that Participant may be photographed, filmed, or otherwise recorded in connection with the Retreat. Participant understands and agrees that all photographs, audio recordings, and video footage taken of Participant during the retreat or meditation class, 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 Participant. The Company or other parties may use such recordings as provided in Section 7.
PARTICIPANT NAME AND LIKENESS. When Participant appears in, creates, uploads, posts, or sends any photographs, audio recordings, or video footage depicting or relating to the their participation in the Services, Participant grants the Company the unrestricted, worldwide, royalty-free, perpetual right and license (with the right to transfer or sublicense) to use Participant’s name, likeness, voice, and all other aspects of Participant’s persona for the purpose of operating, developing, providing, promoting, advertising, and improving the Services 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 Participant will not be entitled to any compensation from the Company, its affiliates, or its business partners if Participant’s name, likeness, or voice is used in the Company’s promotions, whether on the Company’s website, social media channels, or otherwise.
PARTICIPANT CONTENT. If Participant creates, uploads, posts or sends any photographs, audio recordings, or video footage depicting or relating to the Services or Company, Participant 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). Participant also agrees to not exploit any photographs, audio recordings, or video footage of the Services or Company for any commercial purpose without the Company’s prior written consent.
FITNESS AND RESPONSIBLE BEHAVIOR. Participant represents that Participant (and any other people under Participant’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 Participant or others as a result of participating in any of the Services; (c) is physically fit and able to undertake conditions involved in experiencing the Services; and (d) will act responsibly during his or her travels while on the retreat (if applicable).
EMERGENCY MEDICAL CARE. Participant authorizes and consents to emergency medical care and transportation to obtain treatment in case of injury, as the Company may deem appropriate. Participant expressly agrees to be solely financially responsible for such care and acknowledges that Participant 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 Participant receives or any failure to provide such treatment or transportation, whether arising from the negligence of any of the Releasees or otherwise.
FORCE MAJEURE. CANYON TRIBE reserves the right, at its sole and absolute discretion, to postpone or cancel any Services caused by circumstances beyond its control at any time, including, but not limited to, the following occurrences: an act of God, strike, lockout, weather, equipment malfunction, motor vehicle accident, road and/or airport delays, unexpected closures, fires, natural disasters, explosion, failure to timely receive appropriate permits, consents, licenses, labor disputes or any other situation posing a potential or actual threat to the safety and well-being of any Participant without any responsibility or liability to Participant. Participant acknowledges that the Fees for bookings are non-refundable.
RESERVATION OF RIGHT TO CHANGE INSTRUCTORS AND VENUE. CANYON TRIBE is committed to providing the best Services and experience possible and therefore, we must reserve the right to change instructors and/or venue of the Services at any time without any liability to Participant.
INVALIDITY. Participant 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. Participant understands this Agreement is legally binding on Participant, and Participant’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 Participant irrevocably consent and submit to the personal jurisdiction of such courts and waive any claim that such courts are an inconvenient forum or venue.
MINIMUM AGE REQUIREMENTS. For retreats, Participant confirms that he or she is over the age of 27. For all other Services, Participant confirms that he or she is over the age of 18.
BY BOOKING ANY SERVICES, PARTICIPANT UNDERSTANDS THAT HE OR SHE IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES.
This policy was last modified on August 20, 2018.
As a small business that sells and operates online, we believe that our customers’ privacy is of the utmost importance. We want you to have complete access to our policies and procedures, so that you may understand the ways you can control how we collect, use, and disclose your personal information.
What information do we collect?
We collect personal data and non-personal data about you. “Personal Data” means any data that allows someone to identify you.
Examples of Personal Information Collected
- Email Newsletters: All customers have the option to sign up for our promotional email newsletter from our Site homepage. We will never automatically subscribe you to our promotional email newsletter without your permission. Please note, in addition to promotional emails, you may also receive non-promotion related emails regarding order confirmations, order status updates, abandoned carts, and review requests, as a part of the buying and selling process.
- Comments/Reviews: Name and/or Nickname and any information about yourself that you choose to submit or post publicly on our Site.
- Feedback/Support/Inquiries: Name, e-mail address, and possibly other Personal Data, as well as any other content that you send to us in order to reply and address any issue.
We automatically receive your computer’s device ID (“Device ID” means an ID that is unique to the device or browser on which you access our Site), internet protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and date/time stamp for your visit. This helps us know more about your browser and operating system. You may, however, visit our site anonymously.
Do we use "Cookies"?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Firefox or Google Chrome) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your Site experience more efficient and some of our services will not function properly.
How do we use your information?
We may use the information we collect from you when you purchase products, respond to marketing communication, browse the Site, or use certain other Site features in the following ways:
- To personalize your Site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To quickly process your transactions.
- To administer a promotion or other Site feature.
- To improve our services to you.
- To respond to your inquiries related to support, or other requests, and to send promotional emails to those that request or authorize them.
- To conduct internet advertising through third party providers.
- To track your purchase history and to contact you for account and promotional purposes.
- To detect and prevent fraud, to collect amounts owing to us and to maintain business records.
How do we protect visitor information?
We realize that our customers trust us to protect their Personal Data. We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. Credit card payment is processed through Swipe, Paypal, Eventbrite or We Travel. For more information visit each company’s website. While we attempt to protect the information in our possession, no security system is perfect, and we cannot promise that information about you will remain secure in all circumstances.
Do we disclose the information we collect to third parties?
We do not sell, trade, or otherwise transfer to third parties your Personal Data unless we provide you with advance notice, except as otherwise described below. The term "third parties" does not include our business. It also does not include website hosting partners and other parties who assist us in operating our Site conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our Site policies, or protect ours or others' rights, property, or safety.
Social Networks. If you use any features made available to you on our Site by a third party (i.e, Facebook) it may result in information being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product or services and may post that information on Facebook.
Other Third-Party Service Providers. We may share your Personal Data with companies that perform services for us, such as fulfilling orders, sending postal mail and e-mails, analyzing customer data, providing marketing assistance, processing credit card payments, investigating fraudulent activity, and providing customer service. If you do not want us to share your information for marketing purposes, simply contact us via the Contact Us link below and we will manually process your order for you, however, we may still send you service and transaction related communications.
You can make the following choices regarding your Personal Data:
Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, offers, and other promotional materials related to Canyon Tribe You can opt out of receiving these emails at any time by following the instructions in the email or by contacting us directly at [ADD]. If you decide not to receive promotional emails, we may still send you service and transaction related communications.
Behavioral Advertising On Websites: Our Site may participate in third party behavioral advertising. This means that a third party may use technology (e.g., a cookie) to collect information about your use of our Site so that they can provide advertising about products and services tailored to your interests. That advertising may appear either on our Site, or on other websites not operated by Canyon Tribe If you do not want third parties who collect information about your use of our Site or to tailor any of the advertising that you see, you can opt-out at the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada, or the European Digital Advertising Alliance in Europe.
Effect Of Opting Out Of Behavioral Advertising. Please note that opting-out of behavioral advertising does not mean that you will not receive advertising while visiting our Site. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms.
Changes To Your Personal Data. Canyon Tribe relies on you to provide accurate and complete information. Please note that Canyon Tribe may keep historical information and content in our backup files and archives as permitted by law and to the extent we anticipate that the information may be required in connection with the original purpose of the collection, or as otherwise permitted or required by law or our legitimate interest to comply with foreign law.
California Privacy Act
Under California law, residents of California are permitted to request details on how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make a request, please contact us the Contact Us link below.
We do not intentionally collect any personal information from children under the age of 13. If you are under the age of 13, you can look at our websites, but you should not make a purchase, register, or submit personal information to us. If you feel that we have collected data on a child, please reach out to us at the Contact Us link below so that we can take appropriate action.
Users Outside the United States
If you are a non-U.S. user of the Site, by visiting the Site and providing us with data, you understand and agree that the data you provide to us may be processed for the purposes listed in this Policy. You also understand and agree that the data you provide to us may be processed in the United States. U.S. laws regarding the processing of data may be less stringent than the laws of your country. By providing your data, you consent to this processing.
Residents of the European Economic Area
Upon request, residents of the EEA have the right to access the information we process about you, and to request that we correct, modify, or erase that information. You also have the right to opt out of or restrict certain types of processing subject to applicable legal restrictions and our legitimate interest to comply with foreign law. If you have any questions or you would like to exercise any of these rights, please reach out to us at the Contact Us link below. We may take reasonable steps to verify your identity before granting access or making corrections.
If we need, or are required, to contact you concerning any event that involves your Personal Data we may do so by e-mail, telephone, or mail.
Terms of Service
Last Modified: August 20, 2018
Welcome to CANYON TRIBE (“CANYON TRIBE,” “we,” ”us” and “our”) a website dedicated to providing authentic experiences through pop-up/ corporate and private meditation sessions, conscious gatherings, wellness focused workshops and retreats.
The CANYON TRIBE website is owned by CANYON TRIBE. This Terms of Service (this “Agreement”) apply to all of the products, services and the website located at https://canyontribe.com offered by CANYON TRIBE, and any applications created by CANYON TRIBE whether available through a social networking site (the “Site”). The Site provides an online marketplace for products and services we offer to create authentic experiences (together with the Site, the “Services”).
PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE CANYON TRIBE WEBSITE.
Acceptance of Terms
This Agreement constitute a legally binding agreement made by and between CANYON TRIBE and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, WHICH CONTAINS PURCHASE TERMS, AN ARBITRATION AGREEMENT AND OPT-OUT CLAUSE, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
If you do not agree to this Agreement and to follow all applicable laws, then please cease access or use of the Site and Services immediately.
If you have any questions about this Agreement, please contact us.
If you access any Site on a social media network (such as, Facebook, etc.), you also consent to and agree to abide by the terms and conditions of that social media network.
Content on Our Site
Intellectual Property Rights. All materials on the Site or used in connections with the Services, including, without limitation, names, logos, trademarks, images, texts, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by CANYON TRIBE or by third parties that have licensed or otherwise provided their material to CANYON TRIBE. No Material may be copied, reproduced, republished, sold, posted, transmitted, or distributed in any away, or otherwise used for any purpose, by any person or entity, without CANYON TRIBE’s prior express written permission. Nothing contained on the Site should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Site without the express written permission of CANYON TRIBE or the appropriate third-party owner, as applicable.
CANYON TRIBE reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or Services offered on or through the Site (or any part thereof), including, but not limited to the Site features, look and feel, and functional elements and related services.
Third-Party Content. Our Site contains content that we create as well as content provided by third parties. We do not monitor, we do not endorse, and we are not liable for any third-party content. There may be some inadvertent accuracies or errors in the content and we do not guarantee the accuracy, integrity, completeness or quality of the content on our Site or located at third party URLs that may be posted on our Site. CANYON TRIBE is not responsible or the content on any linked site or any link contained in a linked site. We do not endorse or accept responsibility for the content of such third-party sites.
Third-Party Venues. The Services available on our Site are held at venues (e.g., hotels, coffeeshops, and other various event spaces) that operate independently and have entered into agreements with us to provide the services available to you on the Site. CANYON TRIBE is not responsible or liable for the venue and safety and does not verify their compliance with applicable laws or regulations. In addition, CANYON TRIBE does not guarantee the quality of these venues, nor does it guarantee the services provided by any third party at the venue. CANYON TRIBE also does not independently verify representations made by these venues regarding their independent services or operation. YOU AGREE TO ASSUME ANY AND ALL RISKS ARISING FROM THE VENUE IN CONNECTION WITH THE CANYON TRIBE EXPERIENCE.
Your Conduct on Our Site
Eligibility. To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older and in the case of participating in our retreats, you must be at least 27 years of age) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of This Agreement. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
Prohibited Conduct. You agree not to copy or imitate the appearance, design or style of our Site or any content. The technology and software underlying our Site and the Services are the property of CANYON TRIBE, our affiliates and/or our business partners. You agree that you will not use our Site or its content to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of CANYON TRIBE or any other person or entity;
- Use the Service or Site commercially;
- Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
- Interfere with or damage the Services, Site, or underlying any technology;
- Impersonate or misrepresent your identity or affiliation;
- Attempt to obtain unauthorized access to the Services or Site;
- Violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms;
- Violate any law, rule, or regulation;
- Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, Easter eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Site, software or hardware, third party websites or telecommunications equipment;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material; or
- Engage in any illegal activities.
- Use of our Site is subject to existing laws and legal process. Nothing contained in this Agreement will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.
You understand the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to the rules set by CANYON TRIBE and/or content providers who provide content to CANYON TRIBE. You may not attempt to override, disable, circumvent or otherwise interfere with an such security components and usage rules embedded into the Services.
License to Your Postings
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any comments or feedback on or through the Site, you hereby grant CANYON TRIBE a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute. And otherwise make available such Posting on and through the Site and Services, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Posting from the Services, your ability to do so may depend on the location and manner of the Posting, and other factors. You may contact CANYON TRIBE to request removal of certain comments you have Posted, but CANYON TRIBE has no obligation to remove any such Postings, and we may choose whether to do so in our sole discretion and make no guarantee as to the complete deletion of any such Postings and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Postings by you may remain on CANYON TRIBE’s servers after the Posting appears to have been removed from the Service, and CANYON TRIBE retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Postings by you on or through the Site or the Service, or otherwise have the right to grant the license set forth in this Section, and (b) the Posting on or through the Site or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
DCMA Copyright Infringement Takedown Policy
Infringement Notification. CANYON TRIBE respects the rights of others and we expect users of our Site and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders.
How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement via this link:
Send such notice with the information that sets forth the items specified below:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit CANYON TRIBE to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number should we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, CANYON TRIBE may terminate access to the user’s account.
- Terms of Sale
By placing an order on the Site, you authorize CANYON TRIBE to charge your credit or debit card utilized as the payment method to obtain the relevant funds. You represent and warrant that you have the legal rights to use the payment card with any such order or transaction.
For retreats, A 50% non-refundable deposit is required upon booking. The remaining balance is due 60 days prior to the retreat. All payments are non-refundable. If the balance is not paid within 60 days prior to the commencement of the retreat, CANYON TRIBE reserves the right, at its sole and absolute discretion, to cancel your reservation and credit your account for a future retreat.
For meditation classes, you can cancel up to 5 hours prior to the start of class for a full refund.
- Changes to Retreats and Classes
CANYON TRIBE reserves the right, at its sole and absolute discretion, to postpone or cancel any Services caused by circumstances beyond its control at any time, including, but not limited to, the following occurrences: an act of God, strike, lockout, weather, equipment malfunction, motor vehicle accident, road and/or airport delays, unexpected closures, fires, natural disasters, explosion, failure to timely receive appropriate permits, consents, licenses, labor disputes or any other situation posing a potential or actual threat to the safety and well-being of any Participant without any responsibility or liability to Participant. Participant acknowledges that the Fees for bookings are non-refundable.
CANYON TRIBE is committed to providing the best Services and experience possible and therefore, we must reserve the right to change instructors and/or venue of the Services at any time without any liability to you.
Health Disclaimer. PHYSICAL ACTIVITIES, IN ALL OF ITS FORMS AND WITH OR WITHOUT THE USE OF EQUIPMENT (I.E., CLASSES MAY INCLUDE, BLOCKS, STRAPS OR ANY OTHER EQUIPMENT THAT MAY BE SUGGESTED BY THE INSTRUCTOR), IS A STRENUOUS PHYSICAL ACTIVITY. ACCORDINGLY, YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN OR HEALTH AND FITNESS PROFESSIONAL BEFORE THE RETREAT OR OTHERWISE BEGINNING ANY PHYSICAL EXERCISE REGIMEN, ROUTINE, OR PROGRAM THROUGH THE SERVICES (SUCH AS YOGA AND PILATES CLASSES). CANYON TRIBE IS NOT A MEDICAL OR MENTAL HEALTH ORGANIZATION AND ITS INSTRUCTORS OR STAFF CANNOT GIVE YOU MEDICAL OR PSYCHOLOGICAL/PSYCHIATRIC ADVICE OR DIAGNOSIS. ANY ADVICE RECEIVED SHOULD NOT BE RELIED UPON FOR YOUR PERSONAL, MEDICAL, PSYCHOLOGICAL WELL-BEING OR FOR ANY OTHER REASON, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. WITH RESPECT TO ANY PHYSICAL ACTIVITIES, ALL COMMENTS RELATING TO THE USE OF EQUIPMENT, POSES, MOVES AND INSTRUCTION ARE NOT REQUIRED TO BE PERFORMED BY YOU AND ARE CARRIES OUT AT YOUR ELECTION WHILE IN THE CLASS. NOTHING CONTAINED ON THE SITE OR OTHER PRODUCTS OR SERVICES OFFERED BY CANYON TRIBE SHOULD BE CONSTRUED AS ANY FORM OF SUCH MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS OR SUBSTITUTE FOR PROFESSIONAL CONSULTATION.
By using the Services you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental capabilities of such activities. It is your responsibility to ensure that by participating in classes and activities from CANYON TRIBE, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for a mental or physical conditions and/or limitations you may have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against CANYON TRIBE, or any person or entity involved with CANYON TRIBE, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SITE OR SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY LAW, CANYON TRIBE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. CANYON TRIBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE CONENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE OR SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILS TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES.
CANYON TRIBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, SERVICES, OR ANY HYPERLINKED WEBSITE, AND CANYON TRIBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
NO CONSEQUENTIAL DAMAGES. IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL CANYON TRIBE, AND CANYON TRIBE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES, PAYMENT PROCESSING, PERSONAL INJURY OR PROPERTY DAMAGE, CONTENT OR PRODUCTS, EVEN IF CANYON TRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT CANYON TRIBE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT OR SERVICES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT CANYON TRIBE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS OF THIS PARAGRAPH 11 ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
You hereby agree to indemnify, defend and hold CANYON TRIBE and all of our officers, directors, mangers, members, employees, agents, information providers, affiliates, partners, and licensors (“CANYON TRIBE Party,” or collectively, the “CANYON TRIBE Parties”) harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, incurred by any CANYON TRIBE Party arising from, related to, or in connection with (a) a violation of any provision of this Agreement by you; or (b) arising from, related to, or connected with your violation of the rights of CANYON TRIBE or any other person or entity. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and your use of the Site.
Subject to applicable law, you and CANYON TRIBE agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of This Agreement, or otherwise relating to CANYON TRIBE in any way will be resolved in accordance with the provisions set forth in this Section.
Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
Arbitration. This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of This Agreement, including, but not limited to, any claim that all or any part of This Agreement is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same CANYON TRIBE user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions. There are only two exceptions to this arbitration agreement:
First, if a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, CANYON TRIBE will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, CANYON TRIBE is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against CANYON TRIBE prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and CANYON TRIBE. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and CANYON TRIBE must be resolved exclusively by a state or federal court located in Los Angeles. California. You and CANYON TRIBE agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.
Procedure. In order to opt-out, you must provide us with your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to this link. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
WAIVER. BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
No Waiver; Severability. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in this Agreement does not waive that right or remedy. The provisions of this Agreement are intended to extend to the fullest extent permitted by law. No waiver of any term of this Agreement will be binding unless in writing.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Applicable Law. This Agreement will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement before an arbitration panel or before a court of competent jurisdiction in Los Angeles, California if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.
Headings. The provision titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement will not be construed against the drafter.
Notice. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following link.
Entire Agreement. This Agreement (and all terms and conditions incorporated herein) constitute the entire agreement between you and CANYON TRIBE and govern your use of the Site and Services and supersede any prior agreements between you and CANYON TRIBE on the subject matter. You may also be subject to additional terms when you use certain CANYON TRIBE third party software, content, links, or websites. This Agreement, and any rights or licenses granted hereunder, may not be assigned or delegated by you. This Agreement, and any rights or licenses granted hereunder, may be assigned or delegated by CANYON TRIBE without restriction. This Agreement bind and inure to the benefit of each party and the party’s successors and permitted assigns. This Agreement may not be modified by an oral statement by a representative of CANYON TRIBE. No agency, partnership, joint venture or employee-employer relationship is intended or created by This Agreement. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
Notice to California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice to Users Outside the United States of America. The Site is controlled and offered by CANYON TRIBE from the United States of America. CANYON TRIBE makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.