Liability Waiver – RETREATS

We’re so excited to have you join our retreat! But before packing your bags, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating and to have you release Yoga with Maria of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong.

Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in the retreat, either in-person or online.

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

Parties. We will refer to Remote Office Yoga LLC, a Limited Liability Company registered in the State of Colorado, as “Yoga with Maria,” “us,” or “we” and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your”.

1. The Retreat Activities. You will participate in a slowing down and grounding retreat with Yoga with Maria. The retreat will include many activities, which may involve but are not limited to the following activities (the “Retreat Activities”):
   1. Yoga Classes
   2. Meditation
   3. Swimming (pool, ocean and natural pools with waterfalls) and Surfing
   4. Hiking
   5. The Retreat Activities may involve physical contact in the form of tactile cues and/or positional adjustments from instructors, so please let us know in advance if you do not want adjustments.
   6. The Retreat Activities apply to any retreat made available for online streaming and participation. As these retreats will be taking place outside of Yoga with Maria’s facilities, we need you to acknowledge that you are responsible for the safe facilitation of the Retreat Activities.
2. Equipment. In the course of the Retreat Activities, you may use a variety of equipment, which could include but is not limited to blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls, surfboards, cooking equipment and hiking equipment (the “Equipment”). Please do not use any equipment not instructed by Yoga with Maria. You understand that while we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.
   1. Please note that we may add new and different Equipment to provide the Activities. Any new equipment will be similar to the Equipment listed above. You accept the risk of any future and similar related Equipment you may use to participate in the Activities.
3. Inherent Risks. You understand that participating in the Retreat Activities poses inherent risks, some more obvious or serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death. You will progress at your own pace and will listen to your body. If at any point you feel overexertion, pain or fatigue, you agree to rest and communicate with the retreat facilitator as soon as possible.
4. Injuries include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD.
   1. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment.
   2. If you are pregnant or post-natal, there are additional risks of Retreat Activities to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
   3. You must be aware that we may encounter wild animals, and any creature disturbed in its natural habitat can be unpredictable.
   4. Outdoor activities, especially hiking and jungle walking, carry a higher risk of insect bites or encountering wild animals or snakes in their natural habitat.
   5. You understand that by partaking in these Retreat Activities at the retreat location, other risks may arise, such as tripping or colliding with human or natural elements, sun exposure, dehydration, insects, and exposure to infections, diseases, pollutants and other environmental factors.
5. Costa Rica. Injuries such as sprains, trips, and falls are possible when navigating the varied terrain, including uneven paths, hills, and potentially slippery surfaces. Ocean activities carry risks associated with strong currents, powerful waves, and various marine life, including jellyfish or stingrays. It is crucial to heed local warnings and exercise caution near the water. While preventative measures can reduce the risk, drinking water quality cannot be guaranteed, and exposure to tropical diseases like dengue remains a possibility. Certain rivers and pools may be infested with caiman, which can inflict severe injuries if they attack. Always observe warning signs and local advice before entering any natural body of water. You are responsible for taking all necessary precautions for your safety and well-being, including wearing appropriate footwear, using insect repellent, and being aware of your surroundings.
6. Water-based Activities. All water-based activities carry the primary risk of drowning. Consider your swimming ability before swimming in the ocean, where you may experience strong currents, rip tides and waves that are stronger than normal. Surfing carries the additional risk of being struck by a surfboard. Swimming in natural pools, some with waterfalls, carries inherent risks, including unpredictable currents, slippery surfaces, submerged obstacles, falling rocks, and varying water depths. One can encounter creatures in their natural habitat while swimming in the ocean, rivers and natural pools. Swimming pools and hot tubs may contain chemicals that can cause allergic reactions. All water-based Activities are at your own risk.
7. Affirmation of Health. By signing this Waiver and by attending the retreat, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to travel (if applicable) and to practice the Retreat Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, you should consult with your doctor first before attending the retreat and engaging in the Retreat Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Retreat Activities.
8. Alcohol and Prohibited Substances. You are strictly forbidden from participating in the Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present, focused and aware of your body’s pain threshold.
9. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Yoga with Maria is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Services.
10. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Retreat Activities and retreat with Yoga with Maria. Your signature below, electronic signature or clicking ‘I Agree’ (or something similar), and your participation in the retreat with Yoga with Maria illustrates your voluntary participation and assumption of the risks of the Retreat Activities.
11. Digital Protection & Cybersecurity. You acknowledge and accept the potential risks associated with our use of digital platforms, electronic communications, and data storage. While we take reasonable measures to protect your personal information and ensure cybersecurity, we cannot guarantee absolute security. You agree to release us from any liability for any indirect, incidental, consequential, or punitive damages or losses arising from unauthorized access, data breaches, cyber or malware attacks, or other digital security incidents. Please consult our Privacy Policy.
12. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Remote Office Yoga LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, agents, executors, administrators, successors, family members and assigns, as well as any property owner associated with the retreat (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Yoga with Maria, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the retreat and the Retreat Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.
13. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this Agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Colorado or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
14. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Colorado. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Colorado. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.