Waiver, Release of Liability, and Terms & Conditions of Participation
| IMPORTANT: BY AGREERING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING ANY INJURY. PLEASE READ CAREFULLY. |
1. PARTIES PROTECTED BY THIS AGREEMENT
This Waiver, Release of Liability, and Terms & Conditions of Participation (these “Terms”) protects the following parties and their associated and operating legal entities (collectively, the “Releasees”): Elemental Rhythm Inc. (o/a Elemental Rhythm and Breathworks), all individual or partner entities thereof, and all of their respective officers, directors, owners, employees, agents, contractors, members, representatives, and volunteers.
2. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK BY PARTICIPANT
I understand, accept, and agree that participation in the Elemental Rhythm Costa Rica Retreat (the “Retreat”) and in any and all activities organized directly or indirectly by the Releasees as part of the Retreat or taking place at facilities which are hosting the Retreat (the “Retreat Activities”) may involve risks, dangers, and hazards which may cause bodily or mental injury and in some cases serious permanent disability or death. Accordingly, in consideration of being permitted by the Releasees to attend the Retreat and to participate in the Retreat Activities, I hereby acknowledge and accept all dangers and risks which may be associated with the Retreat and Retreat Activities, whether or not expressly listed in these Terms, whether known or unknown to me, and whether or not inherent to the Retreat and Retreat Activities. I further acknowledge that such risks and dangers may include, but are not limited to, unpredictable weather conditions; exposure to the elements; exposure to local wildlife; supervised and unsupervised interactions with other participants; carelessness and misjudgements on the part of other participants or Releasees, including failures to follow applicable rules, policies, or procedures; errors in the application of safety equipment or devices, damage or loss of personal property, including theft; and slick or uneven walking surfaces and other environmental hazards. I acknowledge that other individuals which are not affiliated with the Releasees will be participating in the Retreat and Retreat Activities, and that the Releasees cannot predict and have no control over the actions and behaviour of such other individuals. The Releasees do not perform background checks on its participants and as such participation in the Retreat is equivalent to being in a public space with no expectation of privacy or personal safety. I understand, accept, and agree that I shall obey all signs, markings, warnings, and instructions provided by the Releasees and that I shall take all reasonable precautions to avoid hazards and harms, including other participants, while attending the Retreat and participating in the Retreat Activities; if at anytime I believe a Retreat Activity poses a risk that I do not wish to incur, I acknowledge that I shall decline to participate, and that further participation shall be ay my own risk.
HAVING UNDERSTOOD AND ACCEPTED ALL SUCH DANGERS AND RISKS, INCLUDING THOSE NOT LISTED ABOVE, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE RETREAT AND RETREAT ACTIVITIES AND TO ACCEPT THESE TERMS.
3. LOCATION OF RETREAT
I acknowledge, accept, and agree that the Retreat and the Retreat Activities will be taking place at the PachaMama Eco Village & Retreat Center in Nosara, Costa Rica and surrounding areas, featuring shared and co-ed spaces, and that I will be solely responsible for arranging for my own transportation and accommodation for the duration of the Retreat. Although the Releasees may recommend transportation or accommodation, any such decisions shall b. Accordingly, any reference to my participation in the Retreat in these Terms shall also incorporate my responsibility to arrange for such transportation and accommodation, and any releases or waivers given in these Terms with respect to my participation in the Retreat shall apply similarly to my obligation to arrange for my own transportation to and from, and accommodation at, the Retreat.
4. ACTIVITIES OUTSIDE OF RETREAT
I understand that I may have the opportunity to engage in my own activities while participating in the Retreat, which are not affiliated with the Retreat, which are not Retreat Activities, and which are not organized by the Releasees (“Non-Retreat Activities”). Accordingly, such Non-Retreat Activities are expressly outside the purview and control of the Releasees, and I acknowledge, accept, and agree that under no circumstances whatsoever shall the Releasees be responsible for supervising, organizing, or monitoring any such Non-Retreat Activities.
5. AGREEMENT EFFECTIVE UNTIL REVOKED
I understand, accept, and agree that these Terms shall remain in effect until I have provided written revocation to the Releasees and such written revocation is acknowledged by an authorized signatory of the Releasees. These Terms shall apply at all times that I participate in or have access to the Retreat and Retreat Activities, regardless of whether there are any changes to the foregoing without advanced notice to me, without requiring me to sign an additional agreement.
6. WAIVER AND RELEASE OF LIABILITY
In consideration of being permitted by the Releasees to attend the Retreat and to participate in the Retreat Activities, and having acknowledged and accepted the dangers and risks which may be involved, I understand, accept, and agree to (i) ASSUME ANY AND ALL RISK OF PROPERTY, MENTAL, AND PERSONAL DAMAGE, INJURY, OR DEATH to me arising from my participation in the Retreat and any Retreat Activities; (ii) WAIVE, RELEASE, AND AGREE TO NOT SUE, MAKE ANY CLAIM, OR FILE ANY ACTIONS against the Releasees that are based on, arise from, or result from, in whole or in part, participation in the Retreat or Retreat Activities, and without limitation, any and all claims arising out of or resulting from any ALLEGED OR ACTUAL NEGLIGENCE, BREACH OF ANY STATUTORY DUTY BUT ONLY TO THE FULLEST EXTENT LEGALLY PERMITTED, BREACH OF CONTRACT, OR BREACH OF WARRNATY OR ANY ACTUAL OR IMPLIED DUTIES by any of the Releasees, including any duty of care which may be owed under the Occupiers’ Liability Act or similar legislation which are applicable in the jurisdiction where the Retreat and Retreat Activities takes place. I further understand and agree that my acceptance of these Terms shall be a COMPLETE BAR AND FINAL DEFENCE TO ANY CLAIM, ACTION, OR PROCEEDING that I or any family members or personal representatives may commence against one or more of the Releasees; (iii) PERSONALLY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES HARMLESS from and against any and all claims, demands, actions, causes of action, losses, or liabilities whatsoever arising from or related to my attendance of the Retreat and participation in the Retreat Activities, and any loss, damage, or injury, including death, that may be sustained by me or caused to other participants (whether physical or mental) or their property by me, whether such matters are brought by myself, a third party, or on behalf of any other person. I agree to pay all costs, including reasonable legal fees and disbursements, incurred by any Releasee in defending an investigation, claim, or suit brough on my behalf as a result of my participation in the Retreat and Retreat Activities.
7. PAYMENT
I acknowledge that any deposits which I may have paid to the Releasees to secure a spot at the Retreat is non-refundable (the “Deposit”) . However, I shall be entitled to transfer the Deposit to another individual upon providing notice to the Releasees at any time prior to 11:59pm EST on February 7th, 2026. I further acknowledge and agree that any further payments made to the Releasees towards the Retreat beyond the amount of the Deposit shall be subject to the following: (i) fifty-percent (50%) of any such payments shall be refundable if written notice of cancellation is provided to the Releasees on or prior to 5:00pm EST on January 16th, 2026; and (ii) no refundable in any form whatsoever shall be provided after 5:00pm EST on January 16th, 2026.
8. NO REPRESENTATIONS
I acknowledge that the Releasees make no representations or warranties whatsoever as to the outcome of the Retreat or Retreat Activities, and that any expectations as to the same have been formed by myself without inducement from the Releasees.
9. GENERAL TERMS
I am accepting these Terms freely and knowingly, without relying on any oral or written representations or statements made by the Releasees regarding the safety of the Retreat or the Retreat Activities, and I hereby accept full responsibility for my participation.
I understand and agree that if any part of these Terms are found to be invalid or unenforceable, that portion of the Terms shall be severed and the remainder shall remain in full force and of effect.
I have read and understood all of these Terms, and I have been given an opportunity to seek clarity or to consult with independent legal counsel where there are any terms which I do not understand. I acknowledge that by signing this document and initialing each section, I am voluntarily giving up certain legal rights which I or any of my subrogors, executors, administrators, assigns, and personal representatives may have against the Releasees. THIS INCLUDES, BUT IS NOT LIMITED TO, THE RIGHT TO BE COMPENSATED FOR NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF STATUTORY DUTY OR OTHER DUTIES OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT OR SIMILAR APPLICABLE LEGISLATION, ON THE PART OF THE RELEASEES.
10. GOVERNING LAW
In consideration for permitting me to participate in the Retreat and the Retreat Activities, I agree that, to the fullest extent permitted by law, all claims arising from or related to any Retreat Activity including bodily injury, permanent injury, or death, and all matters included in these Terms, shall be governed by the law of the province of Ontario, and that exclusive jurisdiction shall remain with the courts of the province of Ontario. I further waive all right to a trial by jury in connection with any and all claims arising from or related to any Retreat Activity.
