WAIVER AND RELEASE OF LIABILITY

Welcome! Before participating in Mind & Body Complete 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 Mind & Body Complete 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 stay on site. 

 

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 Mind and Body Complete Wellness LLC, a Limited Liability Company based in the State of Texas. In this Waiver, we will refer to ourselves as “Mind & Body Complete,” “Retreat Ranch,” “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 Activities. As part of your services with Mind & Body Complete, you may participate, in person or online, in Retreats and exercise classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):
    1. Stretching and flexibility training in the form of poses, body weight and strength exercises, hip openers, shoulder stretches, deep twists and lateral stretches, breath work, meditation, and relaxation.
    2. Equine Yoga includes mounted postures using horses, ponies, mules or donkeys.
    3. Activities may also include horse riding, skeet shooting, and welding workshops.
    4. Activities may also include art and candle making sessions. 
    5. We include the use of our Sauna, Hot Tub & Pools. 
    1. The Activities may involve physical contact in the form of adjustments from instructors, so please let us know in advance if you do not want adjustments. 
    1. The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Retreat Ranch’s facilities, including outdoors. You agree that you are responsible for the safe facilitation of the Activities happening outside of our facilities. 
  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, sauna, hot tub, pools, candle making equipment, hot wax, paint, firearms, ammunition, trap, clay targets, horses, ponies, mules, donkeys, welding machines and gas cylinders (the “Equipment”). Please do not use any equipment not instructed by Retreat Ranch. You understand that we will do everything to reasonably maintain the equipment but it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.
    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.
    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. 
    1. 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. 
    1. If you are pregnant or post-natal. As with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications. 
    1. 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.
    1. 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.
    1. 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. Risks Associated with Art & Candle Making Workshops.   Using art materials, hot wax and other items needed in workshops carries a risk of burning, poison, staining and illness. 
  2. Risks Associated with Hot Tubs & Pools. Using a hot tub or pools carries the risk of drowning. There is also a chance that you may be allergic to the chemicals used to treat the water. No one under the age of 14 or anyone under the influence of drugs or alcohol is allowed in the hot tub.
  3. Risks Associated with Saunas. Excessive sweating may cause dizziness and dehydration when using the sauna. No one under the age of 18 or anyone under the influence of drugs or alcohol is permitted in the sauna. The water is heated by an internal burner, which carries the risk of burns. 
  4. Risks Associated with Skeet Shooting.  Your participation in or observation of skeet shooting, action shooting and sporting clays involves the use of loaded firearms, a fast-moving trap to launch the clay, and flying clay fragments.  Eye and hearing protection is mandatory. Voluntary participation in or the observation of these activities carries the risk of potential bodily harm, including serious bodily injury and/or death.
  5. Risks Associated with Horse Riding and Equine Yoga. Injuries sustained from falling from a horse, pony, mule or donkey include head injury, fracture, and soft tissue injury. Even if you are a seasoned rider, all safety precautions should be followed. It is mandatory to wear a helmet for all horseback riding. The use of a helmet for equine yoga is recommended by not mandatory, and should you opt not to wear a helmet, you assume all risks. 
  6. Risks Associated with Welding. The dangers and risks associated with welding include but are not limited to sparks and/or dust in the eyes, minor/major burns from hot metal or welding sparks, cuts, scratches, and abrasions, staining and/or destruction of clothing from sparks, heat, acids, and paints, muscle injuries, and other traumatic injuries due to the inherent dangers of working in a metal shop. Physical protection from heat and sparks and eye protection from sparks and intense light are mandatory. 
  7. Consent to Emergency Medical Assistance.  By taking part in or observing our Activities, you consent to whatever emergency medical care might be necessary, provided or available on the Premises, but acknowledge and understand that no such care may be available at the time and location of your participation.
  1. Affirmation of Health. By participating in any Activities with Retreat Ranch, 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 Mind & Body Complete. 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. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Retreat Ranch 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.  If items are left behind, they can be shipped back for a $10 processing fee + shipping costs.  Items not claimed within 2 weeks are donated to the local donations center.
  2. 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 Mind and Body Complete Wellness 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 Mind & Body Complete, 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 Mind & Body Complete, 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 Texas 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 Texas. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Texas. 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. 

TRAVEL RELEASE OF LIABILITY & TRAVEL INSURANCE WAIVER AS APPLICABLE

In consideration for being allowed to participate in this Program, on behalf of myself and my next of kin, heirs and representatives, I release from all liability and promise not to sue Mind & Body Complete/Retreat Ranch and their employees, officers, directors, volunteers and agents (collectively “MBC”) from any and all claims, including claims of MBC’s negligence, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic or emotional loss I may suffer because of my participation in this Program, including travel to, from and during the Program.

I am voluntarily participating in this Program. I am aware of the risks associated with traveling to/from and participating in this Program, which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, or negligence; conditions related to travel; or the condition of the Program location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Program, including travel to, from and during the Program.

I agree to hold MBC harmless from any and all claims, including attorney’s fees or damage to my personal property, that may occur as a result of my participation in this Program, including travel to, from and during the Activity. If MBC incurs any of these types of expenses, I agree to reimburse MBC. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I understand that it is REQUIRED to purchase travel insurance. As MBC cannot control nature or events that may happen that may cause the location of the Program to become unavailable or due to my own tragedies or interruptions to travel that could occur including sickness/death in the family, etc. MBC is not responsible for airfare or travel arrangements made, nor the loss of any retreat fees paid and I understand that it is my responsibility to research and purchase travel insurance for travel to/from the program.  Proof of travel insurance is not required as it is for your protection fully.

You can consider travel insurance search engines such as:

  • https://www.travelinsurance.com/
  • https://www.squaremouth.com/

or something similar.  I also understand that if I am unable to make my trip for any and all reasons included COVID related, illness, death in the family, etc- it is my responsibility to ensure my travel insurance can reimburse my fees of any kind due to MBC cancellation policy.

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

DEPOSIT, BALANCES & CANCELLATION POLICY

I, herein the Participant, hereby agree to and accept the Payment submitted by Participant. Participant accepts and agrees that the 50% Deposit amount is non-refundable under any and all circumstances (see above for required insurance).  The 50% Deposit amount (or full amount) is transferrable to another person for the SAME retreat, not to another retreat date.  Deposit is 50% of the total retreat amount regardless if the full amount is paid at booking. 

Participant is eligible to receive a monetary refund LESS the 50% Deposit amount, if Participant cancels more than 90 days prior to the start date of the Retreat/Event. If Participant cancels less than 90 days prior to the start date of the Retreat/Event, Participant will NOT receive any form of monetary refund under any and all circumstances. It is the responsibility of the participant to know the exact date that is 90 days prior to the start date of the Retreat/Event.

If a refund is requested by the Participant, 90 days prior to the start date of the Retreat/Event, Mind & Body Complete reserves the right to 15 business days to evaluate the refund request and, if accepted, take all necessary steps to refund the amount, as stated above, to the Participant.

Note: It is required to purchase travel insurance that also covers the cost of your retreat so that you are covered for cancellation.

For virtual retreats/one day events/online courses: all monies/donations paid are non-refundable under any and all circumstances.  They may be transferrable up to 72 hours prior to start date to another event or person.  Even if participant cannot attend the live event, participant understands that a recording of the event will be provided and constitutes attendance.

The submission of application and payment to “MBC” is binding. Participant is personally responsible for all mandatory payments.

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

AGREEMENT:

I, herein stated as the Participant, have read the above Waiver, Release of Liability, Terms & Conditions and fully understand its content. I am legally able to sign and voluntarily agree to and accept all text stated above in the Mind & Body Complete TERMS & CONDITIONS via digital authorization by checking the box stated: Participant Deposits, Cancellations Info, Waivers and Agreements.