Career Zen has agreed to host a retreat in Kona, Hawaii and you have agreed to attend as a participant. This agreement sets forth the terms of your participation in the retreat.
General
Your safety and wellbeing are a priority. You agree you will be fully and financially responsible for your own physical condition and wellbeing during the retreat and will follow the safety precautions and instructions prescribed. You agree that you are responsible for your equipment and all personal property during the retreat and that Lynn Chang and Career Zen are not responsible in any way for such property whether it is lost, stolen or damaged. You acknowledge that Lynn Chang and Career Zen may make suggestions from time to time that are intended to help you and your wellbeing. However you take ultimate responsibility for your choices and realize that neither Lynn Chang nor Career Zen is a licensed medical provider and that you must consult your doctor. If you experience pain or discomfort during the retreat, you will modify the activity to suit your individual needs. You will not hold Lynn Chang or Career Zen responsible for any pain or discomfort you experience during or after the retreat. You understand that the activities offered on this retreat are not a substitute for medical care. You understand that Lynn Chang is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.
Retreat Pricing, Payment Terms, and Cancellations
Payment in full is required before you will be booked for the retreat. All prices are per person and are set well in advance of the retreat start date. They do not include travel costs to and from the retreat. Not included in retreat fees: airfare, transportation, meals, incidental expenses, medical expenses, or other expenses incurred. Due to the expense and complexity of arranging for this retreat, there are no refunds paid if you cannot attend the retreat. Exceptions to cancellation policy cannot be made for any reason, including weather, terrorism, civil unrest, health issues, personal emergencies, or otherwise. There is no refund for arriving late or leaving a trip early. Lynn Chang reserves the right to make any changes deemed necessary; including, but not limited to: advertised excursions, arranged transportation, advertised meals, etc. In the rare case of a retreat cancellation, Lynn Chang and Career Zen will make a good faith effort to offer a refund of your payment minus incurred expenses such as the lodging nonrefundable deposit. Lynn Chang and Career Zen are not responsible for any expenses or damages incurred as a result of retreat cancellation including preparation costs, airline tickets, travel documents or other expenses. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
Assumption of Risks, Waiver of Liability, and Release of Claims
There will be many opportunities for outdoor activities such as yoga, dancing, hiking, walking, swimming, snorkeling and other activities. You, the undersigned, are aware that there are significant risks involved in physical activities and that your participation in any activity carries with it the potential for death, injury, and/or property damage. You willingly assume full responsibility for the risks that you are exposing yourself to and accept full responsibility for any injury or death that may result from participating. You represent that you have no physical impairments, injuries, or illnesses that will endanger yourself or others. You understand and are aware that participation in the retreat involves risks. These risks may lead to tangible or intangible harm, including but, not limited to, injury, permanent harm, or death. You agree that such harm may result not only from your own actions but also from the actions of others. You understand and expressly acknowledge that an inherent risk of exposure to COVID19 exists in any place where people are present. You are also aware that there are risks that you may not have considered. You agree that you are willingly participating in these activities and that have assumed all risks as described above. I understand that transportation to and from activities may involve driving either a rental vehicle or being a passenger in a vehicle operated by Lynn Chang or another participant. In consideration for your being allowed to participate in the activities offered, you, the undersigned hereby release Lynn Chang, Career Zen, teachers, colleagues, agents, employees, and volunteers (collectively “Parties”) from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in anyway connected with your participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned Parties. This agreement shall be binding upon you, your successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, you agree that the remainder of the agreement shall remain in full legal force and effect. You waive for yourself and for your executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin any and all rights and claims for damages, injuries, losses, demands, and any other actions or claims, except for acts of willful or wanton conduct, that you may have arising out of, related to, or connected with (1) the retreat; (2) your use of any equipment or personal property used as part of the retreat; (3) the premises, including, but not limited to, any latent defects in the premises; and (4) your personal property. The Parties shall not be liable for, and you on behalf of yourself, your executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin, release the Parties from any and all such claims and liabilities, except for acts of willful or wanton conduct. You globally and without limitation release from liability Lynn Chang, Career Zen, and the Parties from any personal injury, death, property damage, or loss of any nature suffered as a result of participation in any activity during the retreat. You release from liability Lynn Chang, Career Zen, and the Parties for any cause whatsoever including those arising out of, or in any way connected to or occasioned by, the negligence of the Parties.
Certification
You are medically, physically, emotionally and in all respects fit and able to participate in the retreat. You certify that you are physically fit, trained sufficiently for participation in the retreat, and have not been advised otherwise by a qualified medical person. You agree that Lynn Chang is not qualified to evaluate your fitness for involvement in the retreat.
Medical emergencies
Lynn Chang does not provide medical emergency personnel at the retreat. If you have any health conditions that could pose a risk to you or anyone else, you must notify Lynn Chang prior to the start of the retreat. If you have an emergency that requires medical treatment, you authorize Lynn Chang to contact emergency contacts and medical providers for you.
Indemnification
You accept financial responsibility for any injury that you may cause either to yourself or to any other participant due to their negligence. Should anyone be required to incur attorney fees and costs to enforce this agreement, you agree to reimburse them for such fees and costs. You further agree to indemnify and hold harmless Lynn Chang and Career Zen, and the Parties, from any liability for the injury or death of any person(s) or damage to property, or other loss, that may result from my negligent or intentional act or omission while participating in activities offered.
Photography and Media Permission
Media is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. As part of being able to participate in this event, you give to Lynn Chang and Career Zen permission to take and use media at the retreat. You understand this may include images of you. You release and discharge Lynn Chang and Career Zen from any and all claims and demands that may arise out of or in connection with the use of the media.
Other Provisions
By agreeing to the terms outlined here and elsewhere on Career Zen’s website you hereby release and discharge your rights and claims for damages or liabilities that may occur as a result of participation in the retreat. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. Venue shall be in Travis County, Texas. You agree that any lawsuit arising out of this agreement or out of your participation in the retreat or activities of any of the Parties, shall be brought in Travis County, Texas. You are over 18 years of age and am emotionally, medically and physically able to enter into this agreement and to participate in the retreat. This agreement binds you and your executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin. You expressly agree that this agreement is intended to be as broad and inclusive as permitted by law, and that if any provision of this agreement is deemed invalid or otherwise unenforceable, the enforceability of the remaining provisions will not be impaired. Although we want everyone to enjoy their retreat, it possible that someone participating in a retreat could misbehave or do things that are incompatible with the safety, comfort, or convenience of other guests on the retreat. In those circumstances. Lynn Chang and Career Zen have the exclusive right and discretion to expel someone from a retreat at any time. You have read this agreement fully and understand and agree to its terms. You acknowledge that you have the right to have an attorney review this agreement and advise you regarding your rights and obligations.