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(Eleva Fit Retreat)
This Participation Agreement and Liability Waiver (“Agreement”) is entered into between the participant (“Participant”) and Eleva Fit Retreats, operated by the retreat organizer (“Company”), and governs participation in any retreat program offered by the Company.
1. Voluntary Participation
The Participant acknowledges and agrees that participation in the retreat program is entirely voluntary. Activities may include, but are not limited to:
• Group fitness classes
• Outdoor activities and excursions
• Sports and recreational activities
• Workshops (including nutrition and cooking sessions)
• Meals prepared by the Company or its staff
2. Assumption of Risk
The Participant acknowledges that participation in the retreat involves inherent risks, including but not limited to:
• Physical injury (e.g., muscle strain, falls, fatigue, accidents)
• Outdoor/environmental risks (e.g., weather, terrain, insects, wildlife)
• Risks associated with group activities and sports
• Food-related risks (including allergic reactions or intolerances)
The Participant freely, knowingly, and expressly assumes all risks, whether known or unknown, foreseeable or unforeseeable.
3. Health Declaration and Medical Responsibility
The Participant represents and warrants that:
• They are in suitable physical and mental condition to participate
• They have disclosed all relevant medical conditions, injuries, or limitations prior to the retreat
• They will immediately notify the Company of any pain, discomfort, or medical concerns during the retreat
The Participant acknowledges that:
• The Company does not provide medical advice or medical supervision
• The Company does not assess fitness for participation
• Participation is undertaken entirely at the Participant’s own risk
4. Food, Allergies and Dietary Responsibility
The Participant acknowledges that meals are prepared by the Company or its staff.
• The Participant is solely responsible for informing the Company in advance of any allergies or dietary restrictions
• The Company will make reasonable efforts to accommodate such requirements but does not guarantee an allergen-free environment
• The Participant assumes full responsibility for any adverse reactions
5. Personal Belongings
The Participant agrees that:
• They are solely responsible for their personal belongings at all times
• The Company shall not be liable for loss, theft, or damage to personal items, including valuables, money, electronics, or travel documents
6. Limitation of Liability
To the fullest extent permitted by applicable law:
The Company shall not be liable for any injury, illness, loss, damage, or expense arising from participation in the retreat.
This includes, but is not limited to:
• Personal injury or illness
• Property loss or damage
• Accidents occurring during organized activities or free time
This limitation does not apply in cases of:
• Gross negligence
• Willful misconduct
• Any liability that cannot be excluded under applicable law
7. Release and Indemnification
The Participant agrees to:
• Release, waive, and discharge the Company, its owners, employees, contractors, and affiliates from any and all claims, liabilities, damages, or causes of action arising from participation in the retreat
• Indemnify and hold harmless the Company from any claims, demands, or legal actions brought by third parties arising from the Participant’s actions, negligence, or breach of this Agreement
8. Conduct and Compliance
The Participant agrees to:
• Follow all safety instructions and guidelines
• Act respectfully toward staff and other participants
• Avoid behavior that may endanger themselves or others
The Company reserves the right to:
• Remove any Participant from activities or the retreat without refund if their conduct poses a risk
9. Third-Party Services
The Participant acknowledges that:
• Certain services or activities may be provided by independent third parties
• The Company is not responsible for the acts, omissions, or negligence of such third parties
• Participation in third-party services is at the Participant’s own risk
10. Travel and Insurance
The Participant acknowledges that:
• They are responsible for arranging their own travel
• The Company strongly recommends obtaining comprehensive travel and health insurance, including coverage for:
• Medical expenses
• Accidents and injuries
• Personal belongings
11. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Spain.
Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Palma de Mallorca, Spain, unless otherwise required by applicable consumer protection laws.
12. Media Release and Use of Likeness
The Participant acknowledges and agrees that:
• Photographs, video recordings, and other media (“Media”) may be captured during the retreat by the Company or its representatives
• Such Media may include the Participant’s image, likeness, voice, and/or appearance
The Participant hereby grants the Company a **worldwide, perpetual, irrevocable, royalty-free, and transferable license**to:
• Use, reproduce, publish, distribute, and display such Media
• Use the Media for marketing, advertising, promotional, and commercial purposes
• Publish the Media on websites, social media platforms, digital and print materials, and other promotional channels
The Participant waives any right to:
• Inspect or approve the final Media
• Receive compensation for the use of such Media
The Participant further releases and discharges the Company from any and all claims arising from the use of such Media, including but not limited to claims relating to privacy, publicity rights, or defamation, to the extent permitted by applicable law.
If the Participant does not wish to be included in such Media, they must notify the Company in writing prior to the start of the retreat; however, the Company does not guarantee complete exclusion from incidental or group content.
13. Digital Consent and Acceptance
By proceeding with the booking and selecting the checkbox confirming acceptance of this Agreement, the Participant:
• Acknowledges that they have read and fully understood this Agreement
• Confirms that they voluntarily agree to all terms and conditions
• Accepts that this electronic acceptance constitutes a legally binding agreement, equivalent to a handwritten signature
The Participant further confirms that they are at least 18 years of age, or are participating with the consent of a legal guardian.
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