WORKSHOP PARTICIPANT TERMS AND CONDITIONS
We are excited to have you join one of our workshops. We care for your safety and well-being and work hard to create a good work environment. Please let us know if you have any questions about these Terms and Conditions.
In consideration for being permitted to participate in the Domegaia Workshop (the “Workshop”), the undersigned (the “Participant”), acknowledges and agrees with Domegaia LLC (“Domegaia”) to the following (the “Agreement”):
A. The Participant will comply with all directions from Domegaia staff as well as follow all applicable laws, statutes, ordinances, rules and regulations while attending the Workshop.
B. The Participant agrees that: (i) if the Participant cancels more than 4 weeks prior to the first day of the Workshop, the Participant will receive a full tuition refund, minus any processing fees; (ii) If the Participant cancels 2 - 4 weeks prior to the first day of the Workshop, the Participant will receive a half tuition refund, minus fees; and (iii) no refunds will be given if a cancellation request is made less than 2 weeks prior to the first day of the Workshop. If Domegaia cancels the Workshop for any reason, the Participant will receive a full refund.
C. Although safety is very important to us each participant is ultimately responsible for their own safety and well-being during the workshop. The participant will need to understand their own physical ability and participate only to the level they are comfortable. The Participant fully understands that participating in the Workshop may not only involve risk of serious injury or death, economic loss, property damage or loss that may result from the Participant’s own actions, inactions or negligence, but also from the actions, inactions or negligence of others and/or the condition of the property, and the Participant voluntarily agrees to assume this risk. Participant further agrees to indemnify, defend and hold the Releasees harmless from and against any claims, liabilities, judgments, losses, damages, costs, expenses or economic detriment of any kind (including, without limitation, attorney's fees) arising out of or related to Participant’s willful actions, negligence or recklessness while attending the Workshop.
D. The Participant, for him/herself, his/her family and on behalf of successors, heirs, assigns, and personal representatives of the Participant, HEREBY RELEASES, DISCHARGES, AND COVENANTS NOT TO SUE Domegaia, any entity or person affiliated with Domegaia or the Workshop, the owners and/or lessors of the property on which the Workshop is taking place, or any of their respective officers, directors, shareholders, members, managers, employees, agents or contractors (each considered a “Releasee” and collectively the “Releasees”), from any claims, demands, causes of action, losses, liabilities, or obligations, known or unknown, suspected or unsuspected (each a “Claim”), against any Releasee, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY RELEASEE and arising out of or in any way connected with the Participant’s attendance at the Workshop to the fullest extent permitted by law. The Participant further agrees to DEFEND, INDEMNIFY AND HOLD HARMLESS each and every Releasee from and against any claims, liabilities, judgments, losses, damages, costs, expenses or economic detriment of any kind (including, without limitation, attorney's fees) arising from any Claim released hereby.
E. The Participant agrees that none of the Releasees have any obligation to provide medical care and have not undertaken the responsibility to do so. If the Participant receives medical care because of an accident or a medical emergency, the Participant hereby consents to such care and fully releases the Releasees from providing (or not providing) such care from any liability whatsoever, whether resulting from negligence or otherwise. In the event that Participant should require medical care or treatment, Participant agrees to be financially responsible for any costs incurred as a result of such treatment.
F. The Participant agrees to abide by Domegaia’s policies with respect to the use of any video, audio or photographs of the Workshop created by the Participant.
Domegaia photo and video policy:
G. This Agreement constitutes the whole agreement between the Participant and Domegaia concerning the Participant’s attendance at the Workshop. This Agreement may not be modified in any way, and not orally. This Agreement shall be effective for injuries now or which may hereinafter occur in the future, whether known or unknown. The Participant hereby expressly agrees that the assumptions of risk, releases and indemnities contained in this Agreement are intended to be as broad and inclusive as permitted by the laws of the State of Colorado and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect, and that Domegaia would not agree to allow Participant to participate in the Workshop unless agreed to by the Participant. This Agreement shall be construed pursuant to the laws of the State of Colorado. The Participant agrees that any action arising out of or related to either this Agreement or the Participant’s participation in the Workshop shall be brought only in the federal or state courts located in the City and County of Denver, Colorado.
THE PARTICIPANT: (a) HAS CAREFULLY READ THIS AGREEMENT; (b) FULLY UNDERSTANDS ITS TERMS; (c) UNDERSTANDS THAT THE PARTICIPANT HAS GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT; (d) SIGNS IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE; AND (e) INTENDS IT TO BE A COMPLETE RELEASE OF ALL LIABILITY IN RETURN FOR BEING ALLOWED TO PARTICIPATE IN THE WORKSHOP.