Now & Zen Bodyworks Terms & Conditions, Participation Agreement & Liability Release Waiver

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Now and Zen Bodyworks (Now & Zen Bodyworks Events & Retreats) - Terms and Conditions

I understand and agree to the following:

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• I am responsible for any and all additional hotel costs incurred by me (including but not limited to food, drinks, additional night stays, single room upcharges, lost keys, and/or damages.)  The posted trip price is double occupancy and does not include airfare. I understand that if I miss an event for any reason, I forfeit those funds. I understand that if I miss a ferry, transfer, and/or flight, I am financially responsible for any charges I may incur related to rebooking the travel. I understand that having travel insurance and global health insurance is highly recommended, but not required to participate in any Now & Zen Bodyworks. In any event, I will not hold Now & Zen Bodyworks and/or Brenda Austin financially responsible for any accidents, missed travel time, retreat reimbursement or lost wages if I am unable to attend for any reason. I understand that a positive COVID-19 test could require me to stay an additional night (or nights) in the event destination. I am responsible for all costs I incur, including, but not limited to hotel, food, taxi and/or airfare.

• I grant Now & Zen Bodyworks, and/or Brenda Austin the right to use my likeness, image, voice and appearance in any photos, videos, digital images taken or made on behalf of Now & Zen Bodyworks.

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NOW & ZEN BODYWORKS RETREATS PARTICIPATION AGREEMENT•

 

I recognize that Now & Zen Bodyworks is a sacred space and as such personal information may be shared and it is my obligation to respect other participant's privacy.

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• I agree to keep in confidence any and all personal information shared by other participants in the retreat.

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• If I take photos and/or videos of other participants at the retreat, I agree to get their verbal permission before posting on social media or sharing with others.

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• Knowing that nothing is truly guaranteed confidential. I take responsibility for anything personal I share within the group or with other participants that is confidential. I release and forever waive any and all claims or damages I may have against Now & Zen Bodyworks, and/or Brenda Austin in connection with my participation in retreat activities, including but not limited to, any claims for damages based on lack of confidentiality and/or FACILITATOR’S negligence. This agreement shall be binding upon me, my heirs, personal representatives, executors and any and all successors in interest.• I am 100% responsible for my wellbeing in any and all activities at Now & Zen Bodyworks. If I am uncomfortable participating in any way, it is my responsibility to excuse myself from any activity I do not feel is in my best interest.

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• I agree not to share, teach, distribute or profit from any proprietary information that belongs to Now & Zen Bodyworks, and/or Brenda Austin without their express permission.

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NOW & ZEN BODYWORKS – Release Waiver of Liability and Assumption of Risk for International Travel and Retreat Activity I understand and agree to the following: Now & Zen Bodyworks are designed to enhance physical, mental, spiritual and emotional health including but not limited to: international travel, meditation, breathwork, yoga, sacred teachings, sound healing, hiking, and animal interactions.

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II agree that Now & Zen Bodyworks. and any of its owners, principals, agents, assistants, representatives or employees, including but not limited to Brenda Austin (collectively, “FACILITATORS” or “RELEASED PARTIES”) shall not have any liability to me under any theory of liability in connection with my participation in any retreat activity. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES arising from such activity.

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I agree to release and forever waive any and all claims or damages I may have against the RELEASED PARTIES in connection with my participation in retreat activities, including but not limited to, any claims for damages based on FACILITATOR’S negligence. This agreement shall be binding upon me, my heirs, personal representatives, executors and any and all successors in interest.

I acknowledge that I have consulted a physician and have no known health or medical conditions that would impact my ability to participate in retreat activities administered by FACILITATOR.

I represent and certify that I am in good physical and mental health and fit to partake in retreat activities as described above. I acknowledge that my representations constitute a material term upon which FACILITATOR is relying in permitting me to partake in ANY retreat activities and without such representation my participation would be denied.

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On behalf of myself, my relatives and any heirs, assigns, agents, personal representatives and estate (collectively, the “RELEASING PARTIES”), I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL INJURY, whether physical, mental, psychological or emotional, or ANY LOSS or DAMAGE to PERSON or PROPERTY, of any kind, WHETHER ARISING FROM THE NEGLIGENCE OF FACILITATOR OR OTHERWISE, to the fullest extent permitted by law.

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I agree to defend, indemnify, and hold harmless the RELEASED PARTIES for all costs and expenses, including but not limited to all legal fees incurred by RELEASED PARTIES in defending any claim brought against them by any of the RELEASING PARTIES and further agree to pay the full amount of any judgment, award or verdict that might be entered against the RELEASED PARTIES.I understand and acknowledge that the FACILITATOR/RELEASED PARTIES are NOT physicians or healthcare professionals, and the activities being offered are not intended to treat or diagnose any illnesses, disease or disorders, whether physical, mental, psychological or emotional.

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Waiver of Liability Relating to COVID-19: I acknowledge the contagious nature of coronavirus/COVID-19, that public health authorities may recommend practicing physical distancing or avoiding public or group activities altogether, and that I may become infected with coronavirus/COVID-19 or other infectious disease(s) as a result of participating in retreat activities with FACILITATOR. Nevertheless, I voluntarily seek to participate, regardless of whether the FACILITATOR or any other person at the premises is or is not following recommended public health guidelines and I acknowledge that I am increasing my risk of exposure by doing so.

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I further declare that I am eighteen and legally competent to sign this liability release. I have read this AGREEMENT and am signing it freely. I have sought independent legal advice and/or understand the legal consequences of signing this document, including (a) releasing the FACILITATOR from any and all liability with respect to retreat activity, (b) waiving my right to recover any damages with respect to retreat activity with the FACILITATOR under any legal theory, and (c) assuming all risks of participating in retreat activity administered by FACILITATOR.

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In the event that any of the foregoing provisions are held by a court of law to be invalid or unenforceable, I agree that the total liability of FACILITATOR, if any, for losses or damages shall not exceed the amount paid for retreat services. ZEN BODYWORKS LLC is registered with the State of Texas as a Seller of Travel. Registration No. 2450875

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