Cancellation AND REFUND Policy
We understand that plans can change and your retreat may have to wait.If you need to cancel, please email us at firstname.lastname@example.org to let us know as soon as possible.
While we cannot transfer or allow for substitutions, we can help you with a refund.
Before January 1, 2018:
Within one week of registration: Tickets are 100% refundable.
Thereafter: We'll refund 50% of your registration fee.
Starting January 1, 2018, all tickets are non-refundable.
This policy is subject to change; all registered participants will be notified of any changes.
ASSUMPTION OF RISK; WAIVER; and LIABILITY RELEASE
I (the “Participant”) do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with my participation in the activities of the Within Conference (the “Conference”), an educational program that occurs at The Ace Hotel (the “Venue”). In consideration of being permitted to participate in the Conference and the and all related activities ( the “Conference Activities”) I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following parties: Design Department. LLC, and each of their respective officers, directors, agents, assistants, contractors, volunteers, staff, representatives, guests and employees, instructors, the owners; and Within and each of their respective officers, directors, agents, assistants, contractors, volunteers, staff, representatives, guests and employees, instructors, the owners (collectively, the “Released Parties” and each a “Released Party”), with or without supervision and whether such activities take place at or near the Venue, traveling to or from the Venue or otherwise, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by clicking the appropriate box and agreeing to this Agreement, I, for myself, my heirs, executors, next of kin, successors in interest, guardians, legal representatives, assigns and administrators, agree as follows:
1. Dangerous Activity. I agree and acknowledge that participating in activities in the outdoors carries such risks such as: exposure to natural elements and temperature extremes, variation and or/steepness in terrain, variation or changes in surfaces including but not limited to snow surfaces, ice, bare spots, rocks, stumps, debris, cliffs, trees, fences, posts, trees, light poles, signs, buildings, roads, walkways, ramps, rails, stairs, pyramids, manual pads, bowls, half-pipes, jumps, padded and non-padded barriers, other persons and children, and other natural and man-made hazards, avalanche, rock fall, inclement weather, thunder and lightning, severe and or varied wind, temperature and other weather conditions. I understand and agree that the actions of any other person (including other participants), can necessarily be controlled, and that my safety and health cannot be guaranteed while participating in the Retreat and related activities or visiting the Venue.
2. Representation as to Physical Condition. I have consulted with a qualified physician about my desire for my participation in the Retreat Activities, and will adhere to the guidelines that my doctor recommends; I am physically able to participate in the Retreat Activities; does not suffer from ANY health condition which may be aggravated by participating in the Retreat Activities.
3. Consent to Medical Treatment. I consent to receive first aid, medical and/or surgical treatment, or any other services rendered to me in the event of an injury, accident, or illness I incur during my direct or indirect involvement with the Retreat Activities. I agree and acknowledge that the Released Parties are under no obligation to provide such medical treatment. I ACKNOWLEDGE THAT ANY INJURIES THAT MY I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL.
4. Assumption of Risks. Understanding, acknowledging and agreeing to all the risks and hazards involved with the Retreat Activities, I freely and voluntarily choose to participate in the Retreat Activities, travel to, enter and use the Venue, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO MY OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE Retreat ACTIVITIES, INCLUDING THE RISK ME MAY BE INJURED BY THE ACTIONS OR NEGLIGENCE OF THE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE Retreat ACTIVITIES OR VISITING, TRAVELING TO OR FROM OR USING OR VISITING THE VENUE. I understand and agree that by agreeing to this Agreement, I am assuming full responsibility for any and all risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with the Retreat Activities or while visiting, traveling to or using the Venue. I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my representatives, assigns, successors in interest, children, and any guardian ad litem for said children (collectively, the “Releasors”). I accept full and complete responsibility for the safety of myself, any guests, observers or other individuals who I have invited to the Venue, and property, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and property.
5. Liability Release and Waiver of Claims. On behalf of the Releasors and in consideration for being allowed to participate in the Retreat Activities and/or use of the Venue, I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE Retreat ACTIVITIES AND/OR TRAVEL TO OR FROM OR VISIT TO OR USE OF THE VENUE OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section 5 shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property. The claims released hereby include, but are not limited to, any claims I may now have or may hereafter acquire resulting from injury, death, or property damage sustained by me or to any property that I may own or have rented, leased or borrowed or have in my possession.
I expressly waive the provisions and protections of Section 1542 of the California Civil Code and any similar law of any jurisdiction. I understand that Section 1542 provides as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
I expressly acknowledge and understand the significance, effects and consequence of a waiver of Section 1542 and hereby assume full responsibility for such a waiver.
6. Unpredictability of Cause; Personal Responsibility. I understand that injuries and harm may result from the Retreat Activities, including working with and around exercise and fitness equipment and apparatus, climbing ropes, walls, sports, music or entertainment equipment and machinery from a variety of causes, including the acts or omissions of other persons, weather, ice, snow, ocean or water conditions, ground and environmental conditions and other causes not necessarily predictable or within anyone’s control. I agree and acknowledge that the Released Parties do not accept any responsibility for injury, illness, loss, or damages suffered by me and that obtaining insurance to cover these risks is my own responsibility. I assume all risk of personal injury, sickness, or death, and damage to or loss of my belongings and property, and any and all other delay, inconvenience, damage, loss or other expenses I may suffer as a result of or in connection with the Retreat Activities. I agree to be fully responsible for my actions. I assume responsibility for my safety and that of others, including injuries, property damage and harm, to the fullest extent possible and regardless of the acts or omissions of others.
7. Personal Property. I agree that I am responsible for the security and safety of my property and any personal effects I use, bring to or leave at the Venue or otherwise related to the Retreat Activities, and that the Released Parties cannot guaranty the security or safety of this property. Should I leave any property at the Venue or otherwise in the custody of the Released Parties, I do so at my sole and absolute risk. None of the Released Parties shall have any liability to me or anyone else in the event of loss, damage, destruction or use, whether authorized or not, by any person or theft of any such property.
8. Indemnification. I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY PARTICIPATION IN THE Retreat ACTIVITIES, INCLUDING WITHOUT LIMITATION MY BREACH OF THIS AGREEMENT OR THE Retreat ACTIVITIES RULES AND POLICIES, OR FROM ANY INDIVIDUAL I INVITE TO THE Retreat ACTIVITIES OR VENUE OR ANY OTHER THIRD PARTY CLAIM RELATED TO THE Retreat ACTIVITIES.
9. Promise not to Bring Suit. I hereby agree and covenant not to, and shall cause the Releasors not to, bring a claim against, sue, demand compensation from or attach the property or assets of the Released Parties or any of them, for any loss or damage arising or resulting from my participation in the Retreat Activities or my travel to or from or presence at the Venue, and forever release and discharge the Released Parties or any of them from liability under such claims.
10. Guests. I assume all risk of damage or injury to any individuals that I invite as guests at the Retreat Activities or Venue, whether I am present or not, and hereby agree to fully indemnify the Released Parties against any claims for damages or injury suffered by my invited guests.
11. California Law, Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of California, U.S.A., notwithstanding its conflict of law provisions. Any action or proceeding brought to enforce the terms of this Agreement or adjudicate any dispute arising out of this Agreement shall be exclusively brought in the County of San Diego, State of California. The parties will not raise in connection therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of California. This Agreement fully, completely, and exclusively sets forth my agreement with the Released Parties on the matters set forth herein and may only be amended in a writing executed by both the Released Parties and myself.
I UNDERSTAND THAT THE TERMS OF THIS ASSUMPTION OF RISK; WAIVER; AND LIABILITY RELEASE MEAN THAT I AM WAIVING CERTAIN IMPORTANT RIGHTS THAT I MIGHT OTHERWISE HAVE UNDER CALIFORNIA LAW.
12. Severability. In the event that any provision of this Agreement (or portion thereof) is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision (or part thereof) shall be enforced or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remainder of this Agreement shall continue in full force and remain in effect according to its stated terms and conditions.
13. (a) I UNDERSTAND AND ACKNOWLEDGE THAT BY AFFIRMATIVELY CHECKING THE APPROPRIATE BOX AND AGREEING TO THIS AGREEMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY LOSS OR DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.
(b) I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY, AND FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS; BY AFFIRMATIVELY CHECKING THE APPROPRIATE BOX, I AM PROVIDING MY ACKNOWLEDGMENT AND AGREEMENT THAT I HAVE HAD AN OPPORTUNITY TO CAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE ANY QUESTIONS ANSWERED TO MY SATISFACTION.
I hereby represent, warrant and covenant to the Released Parties that each of the following is true and accurate:
I certify that I am the Participant.
I have read the above statements, understand the words and language in this Agreement and agree to them.
I have read, understand, and agree to abide by the Retreat Activities Rules and Policies including any listed Terms of Service
I am aware of and voluntarily am participating in the Retreat despite the potential dangers inherent to the Retreat Activities.
I have read this Assumption of Risk; Waiver; and Liability Release and agree to its terms.
In consideration of my participation as in Within Retreat, and for other good and valuable consideration herein acknowledged as received, I hereby grant to Design Department, LLC., (the "Company"), legal representatives, and assigns, those for whom the Company is acting, and those acting with the authority and permission the unlimited right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, and otherwise exploit my name, image and likeness and quotes, and testimonial (this includes name, biographical information, likeness, portrait, image, picture, voice, quotes, all or parts of interviews and information obtained from interviews) (collectively the “Properties”) either alone or accompanied by other material, in whole, or in part, or distorted in character or form, throughout the world, in perpetuity for purposes of advertising or trade in promoting and publicizing the Company and its products and services.
I understand that I will not receive any compensation in connection with this production.
The Company has an irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish the Properties and photographic portraits or pictures of me or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at the Company’s studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever.
I specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. I also consent to the use of any published matter in conjunction with such photographs. I hereby waive any right that I may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied. I understand that the images of me may be used in promotional services for the Company. Knowing that such uses may intentionally or unintentionally give rise to the impression that support the Company’s product, I nevertheless consent to this use.
I hereby release, discharge, and agree to hold harmless Company, the Company’s heirs, legal representatives, and assigns, and all persons acting under the Company’s permission or authority or those for whom the Company is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of such photographs or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. I hereby warrant that I am of full age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents of this document. This document shall be binding upon me and my heirs, legal representatives, and assigns.