Experience Pura Vida
Liability Waiver

 

WAIVER AND RELEASE OF LIABILITY

 

Welcome! Before participating in Experience Pura Vida’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release Experience Pura Vida of any liability if you get injured or sick, if you have complications or side effects if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services.

 

If you are a minor in the State of Florida or in your place of residence, your legal guardian must also sign this Waiver on your behalf.

 

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

 

  1. Parties. We are Meet me at 730, LLC, a Limited Liability Company based in the State of Florida. In this Waiver, we will refer to ourselves as “Experience Pura Vida,” “us,” “we,”  and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”

 

  1. The Retreat Activities. You will be participating in nature-immersed and adventurous retreats at Experience Pura Vida. The retreat will include many activities, which may involve but are not limited to the following activities (the “Retreat Activities”):

 

2.1.   The Retreat Activities may involve but are not limited to, yoga, meditation, surfing, hiking, cooking, chocolate making, swimming, waterfalls, hiking, hot springs, hot tub, canyoning, zip lining, ATVing, Kayaking, climbing, wild animals, wildlife and nature, hanging bridges, whitewater rafting, going out downtown, farm/medicinal plant tour, and bonfire.

 

2.2.   The Retreat Activities may involve physical contact in the form of tactile cues and/or positional adjustments from instructors, so please let us know in advance if you do not want adjustments.

 

2.3.   The Retreat Activities apply to any retreat which is made available for online streaming and participation. As these retreats will be taking place outside of Experience Pura Vida’s facilities, we need you to acknowledge that you are responsible for the safe facilitation of the Retreat Activities.

 

  1. Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls, surfboards, hiking equipment, ATVs, ziplines, kayaks, inflatable rafts, fire pit, hot tub, and kitchen utensils and tools (the “Equipment”). Please do not use any equipment not instructed by Experience Pura Vida. You understand that we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.

 

3.1.   Please note that we may add new and different Equipment in the future in providing the Activities which will be of a similar nature as the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Activities.

 

  1. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.

 

4.1.     Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD.

 

4.2.     There is also a risk of exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and the use of shared space, surfaces, or Equipment.

 

4.3.     As with any physical activity, there are additional risks for pregnant or post-natal women to the health of their fetus and their body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.

 

4.4.     Participating in the Activities online poses risks, as there is no in-person supervision or space provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far, and not attempting anything you feel unsure how to perform.

 

4.5.     If the Activities are being performed outdoors, there are additional risks such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities.

4.6.     Hiking involves walking outdoors and may involve steep and uneven terrain. There is an increased risk of falling, heat exhaustion, dehydration and insect bites/stings.

4.7.     Surfing, Kayaking, whitewater rafting and any other water activities carry a risk of drowning or hitting your head or other parts of your body on the board, kayak, raft or oar. It is your responsibility to ensure that you can swim well enough to get yourself out of danger. If you are not water-confident, we do not recommend this activity.

4.8.     Hot springs and hot tubs carry the risk of drowning. The sulfur in the hot springs and the chemicals used in hot tubs may cause skin irritation and can damage and discolor fabrics.

4.9.     ATVs can be unstable and hard to control, particularly at high speeds. Rollovers and collisions happen often, and some of these are fatal.

4.10.   Zipline experiences are designed for participants of average mobility, fitness and strength who are in reasonably good health. The physical risks range from small scrapes and bruises to bites and stings, broken bones, sprains, neurological damage, and head, neck, or back injuries.

4.11.   Getting close to a bonfire carries the risk of burning, and excessive inhalation of toxic smoke may cause respiratory issues.

4.12.   Being in nature comes with the risks of encountering wild animals who are unpredictable in their interaction with people. Wild animals are not domesticated and may react negatively to your presence.

 

4.13.   We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.

 

  1. Affirmation of Health. By participating in any Activities with Experience Pura Vida, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.

 

  1. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with Experience Pura Vida. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities.  

 

  1. Children under 16. All children under 16 must be supervised by an adult at all times during the retreat. Experience Pura Vida will not be responsible for supervising any children and may refuse their access to activities if they are not accompanied by a responsible adult.

  2. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Experience Pura Vida is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.

  3. Alcohol and Prohibited Substances. You are strictly forbidden from participating in the Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present and focused.

 

  1. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Meet me at 730, LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Experience Pura Vida, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.   

 

  1. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Experience Pura Vida, whether in person, online, or via video conferencing tool.

 

  1. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Florida or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

 

  1. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Florida. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Florida. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.

 

 

You agree that you have read this Waiver and fully understand its contents. You also agree to be bound to all of its terms.