RETREAT WAIVER
THIS AGREEMENT IS BETWEEN Déjà Well, its partners (including Havn Saunas), employees, contractors, instructors, agents, representatives, volunteers, sponsors, successors and assigns (collectively the “Releasees”) and the undersigned (the “Participant”), with respect to Déjà Well, Victoria, BC.
ACTIVITIES COVERED
In this Agreement, the term “Activities” includes all activities, events, facilities and services in any way connected with or related to Déjà Well, that are provided, arranged, organized, conducted or authorized by the Releasees, or any of them, including without limitation: use of facilities, fire pits, wellness and fitness equipment and the sauna; participation in social events, wellness and fitness classes and programs, including acupuncture (whether supervised or not); in all cases whether the activity takes place on or off the retreat property.
DESCRIPTION OF RISKS
I am aware that participating in the Activities may involve inherent risks and hazards that may cause me serious injury and possible death, including without limitation due to: equipment failure; improper use of equipment, failure to abide by rules and regulations; loss of consciousness; abnormal blood pressure; heart attacks; dehydration; over-exertion; changing weather and/or tidal conditions; encounters with wildlife; failure to remain within designated areas; impacts and/or collisions; slipping and/or falling; negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES.
SAFETY & PHYSICAL CONDITION
I acknowledge that certain Activities are unsupervised. I agree that I am required to follow all rules and safety guidelines set by Déjà Well, and Havn Saunas with respect to the Activities I participate in. I am aware that the Activities may activate or aggravate pre-existing physical injuries or conditions, or congenital defects. I certify that I am medically and physically fit to participate in the Activities. I agree that I am not nor will I be under the influence of drugs or alcohol while participating in the Activities.
Acupuncture: “Acupuncture” means the stimulation of a certain point or points near the surface of the body via the insertion of thin needles. The purpose of acupuncture is to prevent or modify the perception of pain and is thus a form of pain control. In addition, through the normalization of physiological functions, it also often serves in the treatment of certain diseases or dysfunctions of the body. Acupuncture includes the techniques of electro-acupuncture, manual stimulation, cupping, Tui Na Massage, and/or moxibustion.
The potential benefits: acupuncture may allow for the painless relief of one’s symptoms without the need for drugs, and improve balance of bodily energies leading to the prevention of illness, or the elimination of the presenting problems.
Use of Disposable Needles: To reduce the possibility of infection from acupuncture, all needles are pre-sterilized, one- time-use needles made of surgical stainless steel needles. After each treatment they are disposed of as medical waste, needles are never reused. Additionally, your acupuncturist has had training in Clean Needle Technique.
By voluntarily signing below, I show that I have read the above consent to treatment, have been told about the risks and benefits of acupuncture and other procedures, and have had an opportunity to ask questions. I understand that the therapist will do their best care to properly progress, monitor and care for my overall well being and care.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY
In consideration of THE RELEASEES permitting my participation in the Activities, and allowing me access to the Havn Saunas property, and permitting my use of their equipment, services and facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES FROM ANY AND ALL LIABLITY, for any loss, damage, expense or injury, including death, that I may suffer, or that my next of kin may suffer, as a result of either my or their participation in the Activities or my presence around the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLEGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE BRITISH COLUMBIA OCCUPIERS LIABLITY ACT, R.S.B.C. 1996, c. 337 ON THE PART OF THE RELEASEEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS REFFERED TO ABOVE.
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY for any property damage or personal injury to any third party resulting in any way from my participation in the Activities, and for any emergency or other expenses associated with medical treatment, evacuation or rescue of my person resulting in any way from my participation in the Activities, and I consent to any such medical treatment, evacuation or rescue of my person.
That this Agreement shall be binding upon me and my heirs, next of kin, executors, administrators, and assigns.
That this Agreement shall be governed by the laws of the Province of British Columbia, and no other jurisdictions, and that any litigation involving the parties to this Agreement shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia
To having a service of Traditional Chinese Medicine care provided by a Registered Acupuncturist. I understand that I may experience tenderness, light headedness, muscle ache and potentially mild bruising upon areas being treated.
To having photographs and video taken of me while participating in the Activities, and I consent to the publication of the photographs and video by Déjà Well, or associated businesses for promotional and marketing purposes.
I AM NOT RELYING ON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASEES WITH RESPECT TO THE SAFETY OF THE ACTIVITIES, OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY PURCHASING THIS RETREAT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
CANCELLATION POLICY
If for any reason you are unable to attend the retreat there are no refunds but you are able to transfer your ticket to another person up to 24 hours before the retreat. Please email support@dejawell.com to do so.
MEDICAL POLICY
None of these products or services involve the practice of medicine or take the place of medical consultation. We urge you to consult a physician or other health care professional of your choice before undertaking any form of exercise, including yoga, meditation, breathwork or any other practice mentioned on this site, to make sure that it is safe and appropriate for you.
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the programs on this site, which provides education and information. The information contained in the programs, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.