Terms & Conditions
I acknowledge that I have voluntarily applied to participate in this Retreat (the “Event”) hosted by H2M LLC, d/b/a C.L.I.M.B. Conferences (the “Conference”) and it is my responsibility to fully understand the Terms and Conditions for the Event as listed below. The Retreat has optional services in which can be included for an additional price above the standard Retreat ticket price (Non-Local and Local Prices vary). Should I have questions regarding the Terms and Conditions, the Conference is available for consultation and shall clarify any areas in advance of signing.
1.Permission For Media Capture and Use
Photography and videography may be taken at the Event. By participating in the Event, I grant to the Conference the right, but not the obligation to photograph to me. I give the Conference permission to use my name, likeness, or written or verbal testimonial, in all or in part, in any and all forms and media and for any legitimate purposes.
I understand that I will not be paid for these photographs and have no rights to them. I am participating as a guest. I hereby waive any right to inspect or approve the finished photograph or advertising copy or printed matter that may be used in conjunction therewith or to the eventual use that it might be applied. I release the Conference employer, its officers, employees and agents, from any and all claims of harm and liability as a result of any distortion, blurring, or alteration, optical illusion, or use in composite form, either intentionally or otherwise which may occur from making, showing, using or distributing photographs/video.
2.Assumption of Risk
I acknowledge that I have voluntarily enrolled to participate in this Event and that the activities associated with the Event may be inherently dangerous. By participating in the Event, I assume all associated risks. I recognize that I must be in good physical and mental health to participate in the Event. I am aware that participation could, in some circumstances, result in abnormal blood pressure, fainting, heartbeat disorders, physical injury and potentially heart attack. I also understand that I could experience muscle, back, or bone injuries during exercise. I understand that the Event requires physical exertion and I represent and warrant that I am physically fit and I have no medical condition which would prevent my full participation in the Event. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Event. If I have consulted a physician, I have taken the physician’s advice. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured. I understand that it is my continuing responsibility to inform the Conference of any medical conditions, injuries, or surgeries. I understand that the Conference reserves the right in its absolute discretion to refuse my participation in the Event on medical or fitness grounds. I agree I will be fully and financially responsible for my own physical condition and well-being during the Event and will follow the safety precautions and instructions prescribed by the Conference.
3.Release and Waiver of Liability
In further consideration of being permitted to participate in the Event, I knowingly, voluntarily and expressly waive any “Claims” (as defined below) I may have against the Conference, instructors, employees, agents or volunteers or any of their affiliated organizations (each, a “Released Party”) for any Claim that I may sustain as a result of participating in the Event at the Conference even if the Claim arises from the carelessness or negligence of any Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else. “Claims” include but are not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, property damage, personal injury, mental suffering and distress, or death that I may suffer, my children may suffer or that my unborn child may suffer (including any legal fees or expenses) arising out of or in connection with participation in any Activity or intended Activity, or otherwise following instructions in or out of class or at any other location (anywhere).
4.Indemnification
I will indemnify and hold harmless Conference (including Conference’s officers, directors, and principals, employees, agents, representatives, attorneys, successors, receivers, insurers, representatives, and assigns) from any and all claims, including without limitation costs, expenses, and attorneys’ fees, arising out of or relating to (i) my conduct during the Event or (2) my breach or alleged breach of these Terms and Conditions or my representations and warranties hereunder.
5.Governing Law and Dispute Resolution
This Agreement shall be governed by, construed, and interpreted in accordance with the laws of the State of Nevada without regard to any conflict of law principles. The Parties shall first try to resolve any disputes amicably and in good faith. In the event that a dispute is not resolved informally, the Parties agree that any disputes arising out of or related to this Agreement, including but not limited to its making, shall be resolved exclusively by arbitration in Henderson, Nevada or virtually if hearings are not being held physically such location at the applicable time. The Parties consent to the exclusive jurisdiction of the State or Federal Courts of Nevada for the purpose of arbitral award enforcement.
6.Miscellaneous
These Terms and Conditions will bind my heirs, next of kin, executors, administrators and assigns. In the event any term or condition of these Terms and Conditions is determined to be invalid, prohibited or unenforceable by a court or other body of competent jurisdiction, these Terms and Conditions shall be construed as if such invalid, prohibited or unenforceable term or condition has been more narrowly drawn so as not to be invalid, prohibited or unenforceable; provided that, notwithstanding the foregoing, in the event that any term or condition contained in these Terms and Conditions should be determined to be invalid, prohibited or unenforceable, the validity, legality and enforceability of the remaining terms or conditions contained in these Terms and Conditions shall not in any way be affected or impaired thereby.
I acknowledge that I have carefully read these Terms and Conditions and fully understand its contents. I am aware that by agreeing to these Terms and Conditions I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators, and assigns may have against any Released Party.
