Retreat Waiver
Liability Waiver
I desire to voluntarily participate in the Nourish Day Retreat offered by Lindsay Mamet LLC, Lindsay Mamet, and Karina Menezes, on the weekend of January 8th 2022, in San Diego CA.
Assumption of Risk
I understand and acknowledge that yoga and breath work exercise can be strenuous and has the potential to result in illness or injury. I recognize that it is my responsibility to consult with a physician to evaluate my health before my participation in Nourish Day Retreat. I represent to Lindsay Mamet and Lindsay Mamet LLC that I have no preexisting condition that would put me at heightened risk for injury or prevent me from participating in Nourish Day Retreat. It is my responsibility to report any food allergies prior to the retreat.
I understand and appreciate the inherent risks associated with Nourish Day Retreat, and agree to assume all responsibility for any risk, known or unknown, associated with participation in the activity.
Waiver of Liability
To the extent that statute and case law allows for waivers of liability regarding ordinary negligence, I, my spouse, heirs, administrators and representatives hereby release Lindsay Mamet and Lindsay Mamet LLC, their parent companies, affiliates, employees, contractors, management, volunteers, insurance carriers, agents, successors and assigns (the “Releasees”) from any and all claims arising from the negligence of Releasees associated with use of the Facility, or participation in the Activity.
Furthermore, I, my spouse, heirs, administrators and representatives, release, indemnify and hold harmless the Releasees for any personal injury to Participant, damage to personal property of Participant or others, mental anguish of Participant, their spouse, or family, wrongful death of Participant, claims brought by others arising from Participant’s conduct during participation in Nourish Day Retreat, and other legal claims that occur in association with the use of the Facility, or participation in Nourish Day Retreat. The indemnification extends to any court costs, legal fees, attorney fees and administrative costs associated with the claims.
General Terms
Your Health:
(a) It is your responsibility to let your retreat hosts know if you have any injuries and to be mindful at all times of your own body’s capability during the retreat. If you experience any injury or discomfort during any activity during the retreat, then you must desist immediately.
(b) Please advise us of any mental or physical health conditions and dietary requirements.
(c) Whilst all measures are taken to ensure a high standard of health and safety, we shall not be responsible for any injuries or illness.
COVID 19
(a) By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I, or others, may be exposed to, or infected by COVID-19 while attending Nourish Day Retreat activities or events, and that such exposure or infection may result in personal injury, illness, disability or death.
(b) I voluntarily agree to assume all of the foregoing risks, to accept sole responsibility for any injury from COVID-19 to myself or to any other person, including, but not limited to, personal injury, illness, disability, death, damage, loss, claim, liability, or expense of any kind, that I or others may experience or incur in connection with, or participation in Nourish Day Retreat.
(c) I release, and agree not to sue, discharge, and hold harmless Lindsay Mamet, Lindsay Mamet LLC, Karina Menezes and their employees, agents, and representatives, from all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating to COVID-19. I understand and agree that this release includes any claims based on actions, omissions, or negligence of Lindsay Mamet LLC, Lindsay Mamet, and Karina Menezes their employees, agents and representatives, and whether a COVID-19 infection occurs before, during or after participation in Nourish Day Retreat.
Our liability to you:
(a) We accept responsibility for ensuring that the retreats are supplied as described and that the services we are contractually obliged to provide are to a reasonable standard.
(b) We are not liable for any injuries or illness you may incur. Yoga classes are undertaken at your own risk. We are not liable for any medical or psychiatric conditions, which may develop during or subsequent to the retreat. We are not liable for loss of, or damage to, your personal property.
Complaints:
If you have a problem during your retreat, please inform the organizer immediately and he/she will endeavor to put things right. Please note that we cannot be responsible for the individual behavior of any group member or other guest sharing your accommodation.
Cancellation:
Payments are nonrefundable. Any funds sent after the deposit can be refunded up to a certain date. Cancellation after January 1st dissolves Lindsay Mamet and other hosts of any obligation for refunds. Although they will do their best to work with you.
Photography:
I, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby irrevocably authorize Lindsay Mamet LLC And Annie Caplan Photography to use photographs of me and or my property and authorize her and her assignees, licensees, legal representatives and transferees to use and publish (with or without my name) photographs, pictures, portraits or images in any and all forms and media and in all manners including composite images or distorted representations, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form on CDs or internet websites), for any product or services, or other lawful uses as may be determined by the photographer or studio name here. I further waive any and all rights to review or approve any uses of the images, any written copy or finished product. I am of full legal age and have read and fully understand the terms of this release.
I, hereby agree to the following:
1. That I am participating in yoga classes offered with Lindsay Mamet where I will receive information and instruction about yoga, meditation, and breathwork. I understand that yoga and breath work can require physical exertion which may be strenuous and may cause physical injury. I am fully aware of the risks involved.
2. I understand that it is my responsibility to consult with a physician prior to and in reference to my participation in yoga classes. I warrant and represent that I am physically fit and have no medical condition that would prevent my full participation.
3. In consideration of participating in yoga and breath work, I agree to assume full responsibility for any risks, injury or damages, which I might incur as a result in participating yoga.
4. I knowingly and voluntarily waive any claim I might have against LINDSAY MAMET, LINDSAY MAMET LLC, AND KARINA MENEZES for injury or damages that I may sustain as a result of participating in this program.
5. I, my heirs or legal representative forever release, waive, discharge and covenant not to sue LINDSAY MAMET, LINDSAY MAMET LLC, KARINA MENEZES for any injury or death caused by their negligence or other acts. I have read the above release and waiver of liability and I fully understand its contents. I fully and voluntarily agree to the above terms and conditions.
In exchange for the execution of this waiver, Lindsay Mamet and Lindsay Mamet LLC is allowing Participant to participate in Nourish Day Retreat.
This waiver supersedes any prior agreements or representations, written or otherwise, made between myself and Lindsay Mamet and Lindsay Mamet LLC. If any of this waiver is deemed unenforceable, that provision shall be severed from the waiver and the remaining provisions shall remain in full force and effect. This waiver shall be governed by the laws of the state of California.
BY SIGNING THIS WAIVER, I REPRESENT THAT I HAVE FULLY READ AND UNDERSTAND ITS CONTENTS. I ACKNOWLEDGE THAT BY SIGNING THIS WAIVER I AM RELINQUISHING RIGHTS I WOULD OTHERWISE POSSESS, SUCH AS THE RIGHT OF RECOVERY FOR INJURY RESULTING FROM THE INHERENT RISKS OF THE ACTIVITY OR THE ORDINARY NEGLIGENCE OF LINDSAY MAMET, LINDSAY MAMET LLC, KARINA MENEZES, MELISSA CAMPBELL.