Ready 31 LLC, a limited liability company, organized under the laws of the state of Hawaii, having its principal place of business at the following address:
74 Kihapai St
Kailua, HI 96734
Website Address: www.ready31.com
Email: [email protected]
And you, as a user of this website and guest of the retreat (“Guest”)
Your attendance at the Retreat or course, as defined below, is subject to each of the terms and conditions contained with this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By clicking “purchase,” “confirm,” “attend,” or undertaking any other affirmative action manifesting your intent to attend to Retreat or course, including providing Ready 31 with credit card or billing information to be charged for attendance at the Retreat or course, you acknowledge and agree that you are entering into a legally binding agreement with the organizer.
YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO ATTEND ANY OF READY 31’S RETREATS OR COURSES.
Ready 31 and Guests may be referred to individually as “Party” and collectively as the “Parties”
In consideration of the opportunity to participate in activities, including higher-risk activities, of Ready 31 LLC, its agents, owners, officers, volunteers,
participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as Ready 31), I (and on behalf of myself,
my spouse, children, parents, heirs, assigns, personal representatives, and estate) hereby agree as follows:
1. I am 18 years of age or older, or the legal guardian of the person covered by this Participant Agreement of Risk, Waiver of Liability, Release, and Agreement
(Agreement) who is under the age of 18 years.
2. I acknowledge and understand that all Ready 31 activities are based on the “challenge by choice” principle. At any time I am free to withdraw from participation in any
and all Ready 31 activities.
Article 1- Retreat Terms
The details of the Retreat are as follows:
Name of Retreat: N/A
Type of Retreat: N/A
Accommodation Type: N/A
Arrival Date: N/A
Departure Date: N/A
Total Fees: $399.00 USD (prior to taxes and fees)
Additional details regarding the Retreat, such as included meals and amenities, transportation, etc., if applicable, will also be included on a page shown to you prior to full purchase or provided to you through emails and additional communications prior to the Retreat. Any such page is hereby incorporated by reference and shall be considered part and parcel of this Agreement.
Article 2- Confirmation:
In order to purchase the Retreat package, the following steps must be taken:
Guests will complete the entirety of the Retreat package purchase on the Website, as listed above.
At the conclusion of these steps, you will receive a confirmation email which will outline the details of your completed registration. If you do not receive a confirmation email within five (5) days of completing your registration, please contact Ready 31.
Ready 31 may request the provision of additional information, such as identification and travel information and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the Retreat or Course, including the itinerary.
Please be advised the itinerary is subject to change and may be modified by Ready 31 at any time. You hereby acknowledge and agree that Ready 31 has a right to do so for any reason, including, but not limited to weather, third party vendors or providers, and any local circumstances which Ready 31 deems unfit for the retreat or travel.
Article 3- Payment
The entirety of the Total Fees must be paid the following amount of time prior to the arrival date of the Retreat or Course. 1 week prior.
If the total fees are not received by Organizer by the date listed above, your spot may be canceled without prior notice to you
Article 4- Additional Items
You are solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as domestic identification, as well as any required and applicable immunizations or other required documentation for the locations being visited. Ready 31 is not liable or responsible for any Guest being denied entry or exit to or from any location.
Article 5 - Travel Insurance:
All guests are strongly encouraged to purchase and maintain travel insurance during the entire length of the Resilience Retreat (including through the return date). Guests that choose purchase coverage are individually responsible for paying travel insurance and ensuring adequate coverage. Coverage should ideally include, but not be limited to: illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses, and/or liabilities.
Ready 31 is not responsible or liable for any loss, damage, expense, cost, or any other travel issue. Guests may fail to purchase travel insurance at their own risk.
As noted above, Ready 31 reserves the right to cancel if Total Fees are not received by the following amount of time prior to the departure date of the Retreat: 1 week. If such a cancellation is undertaken, you are not entitled to receive your deposit or any other fees paid to that date.
Ready 31 may also cancel the Retreat for any reason, unrelated to an individual Guests, in Ready 31’s sole and exclusive discretion. If Ready 31 cancels for any commercial reason, all Guests are entitled to receive back any and all monies paid to Ready 31. However, Ready 31 shall not be responsible for any additional fees paid by Guest to any third parties, such as travel companies, airfare, etc
If Guests wish to cancel, written notice of such cancellation must be sent to Ready 31 via email. As noted above, in the event of Guest cancellation, no fees will be returned.
Article 7 Media Release:
You acknowledge and agree that before and during the Retreat or Courses, you may be subject to photographs, video, sound recordings, or other media captures of your face, name, voice, or likeness. In consideration for your participation in the Retreat or Courses, you hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitization, and/ or re-release of the Released Media, as defined below, by Ready 31, as well as any employees, affiliates, associates, representatives, or agents (collectively referred to as the “Release Receiver”) for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales marketing, or any other medium in any form that has been or will be invented.
The Released Media will include, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, and all other media currently known or hereinafter developed, captured of you or your likeness before and during the Retreat or courses by the Release Receiver.
You hereby release the Release Receiver from any and all claims and demands arising out of or in connection with any use of the Released Media, including, without limitation, claims for privacy violations, right of publicity claims, defamation and/or any other intellectual property rights. You claim no ownership of the Released Media and forego any opportunity, whether past or present, to copyright or trademark the Released Media.
You give consent to the use of this Released Media while knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not make known to any party in any medium my known or previously known location, email or physical address, or any other contact details, such as phone number.
Article 8- Voluntary Physical Participation:
You hereby acknowledge and agree that you will voluntarily be participating in certain physical activities (“Physical Activities”) on the Retreat. The Physical Activities may include, but are not limited to: walking, swimming, hiking, biking, yoga, fitness activities, climbing, or other types of strenuous physical activities.
You understand and are aware that your participation in the Physical Activities involves risks. These risks may lead to tangible or intangible harm, and you agree that they may result not only from your own actions but also from the actions of others. With the knowledge and understanding of these risks, you chose, of your own will and volition, to continue participating in the Physical Activities.
You also acknowledge and agree that there are risks that you may not have considered, yet you waive your right to any claims that may occur from these unconsidered risks and choose, of your own will and volition, to participate in the Physical Activities
You acknowledge and agree that by attending the Retreat you consent to waive certain legal rights, include the right to sue Ready 31 LLC, and, if applicable, its owners, employees, agents, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to you during your participation in any of the Physical Activities undertaken while under their instruction or thereafter.
Article 9- Health Eligibility:
Your participation in the Retreat or Course indicates your acknowledgment and agreement with, as well as your warranty of, the following statements:
- It is my responsibility to consult a physician before participating in this or any Retreat or Course to ensure my eligibility for strenuous Physical Activity and I affirm that I have no medical conditions that would restrict me from participating in any of the Physical Activities.
- I agree to hold Ready 31, and if applicable, its employees, owners, agents, trainers, and representatives, harmless from any damage whether tangible or intangible that may happen to me while participating in the Retreat or Course. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured or dislocated bones.
- I acknowledge and understand that regardless of my good health, my participation in all Ready 31 activities (including without limitation, kayaking, hiking, swimming, snorkeling, skateboarding, skating, aerobics, weightlifting, racquetball, tennis, basketball, football, baseball, soccer, volleyball, and other sporting and running games,and including high-risk Ready 31 activities noted below) entails known and unanticipated risks to myself, to property, or to third parties, which could result in: physical or emotional injury; paralysis; death; slips, falls, and collisions; scrapes, scratches, cuts, bruises, sprains, lacerations, fractures, concussions, and more severe life threatening head, body, or brain injuries; drowning or near-drowning; changing and unpredictable weather variations and currents; overexposure to sun, wind and other natural environments, including plants; equipment failure and misuse; interaction with marine life and other animals and creatures, including bees, sea urchins, coral, fish, and sharks; stings, bites, allergic reactions, and resulting diseases; wet surfaces, loose or uneven terrain, both natural and man-made.
- I agree that if I do experience medical issues, I will contact my doctor immediately.
- I agree and verify that all of the information that I have given Ready 31 and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
- I agree and verify that if I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold Ready 31 harmless against all liability for damages that may occur to myself or to others because of my actions or inactions.
- I agree to keep Ready 31 apprised of any changes or upcoming changes concerning my physical health and personal information.
- I understand and agree that it is my responsibility to let Ready 31 know if I find myself in any pain or discomfort before, after, or during the Retreat or Course.
- If I do require medical treatment or attention while or after participating in the Retreat or Course, I agree that the medical costs are mine and mine alone and hold the Organizer blameless from any charges, fees, or costs that my conditions may incur.
- I specifically acknowledge and agree that these clauses are not intended to be a general release, which would be limited under some state and local laws.
Article 10- Challenge by Choice
I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Ready 31 activities, and that no amount of care, caution, or expertise can eliminate the inherent dangers of Ready 31 activities, which include accident, injury, death, and damage.
I acknowledge and understand that all Ready 31 activities are based on the “challenge by choice” principle. At any time I am free to withdraw from participation in any and all Ready 31 activities. I acknowledge and understand that Ready 31 instructors have difficult jobs to perform. Instructors seek safety, but they are not infallible.
Article 11- Medical Treatment
I consent to receive medical treatment, including first aid and emergency transport, in the event of accident, injury, or illness. I hereby voluntarily release, forever
discharge, and agree to indemnify and hold harmless Ready 31 from any claims, demands, damages, or causes of action related in any way to first aid and emergency
transport service or treatment.
Article 11- GENERAL ASSUMPTION OF RISK
You agree and understand that your participation in the Retreat or course may involve risks. These risks may lead to tangible or intangible harm, as discussed above. Additional risks, such as those risks involved in being in another country or location, a country or location where medical services are not available, or a country or location with an unsteady political, cultural, or geographical climate, may also be present.
It is your responsibility to familiarize yourself with all the possible risks involved in participation in the Retreat or Course.
YOU ACKNOWLEDGE THAT YOUR DECISION TO ATTEND THE RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED ABOVE AND THAT YOU ARE ATTENDING OF YOUR OWN WILL AND VOLITION. YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT AND/OR COURSE. IN NO EVENT WILL READY 31 LLC BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.
Article 12- REGISTRATION TO USE WEBSITE
Guest may be asked to register to use Ready 31’s Website. Guest will choose a unique identifier and password. Guest is responsible for ensuring the continued accuracy, security, and confidentiality of this information. Guest may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality, Providing false or inaccurate information, or using the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Article 13- USE:
Guest agrees not to use the Website, Retreat, or Course for any unlawful purpose or any purpose prohibited under this clause. Guest agrees not to undertake any action which may damage Ready 31 in any way.
Guest further agrees not to use the Website, Retreat, or Course:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any i intellectual property rights of Ready 31 LLC or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others
Article 14- RELEASE OF LIABILITY:
Guest hereby releases Ready 31, as well as any of Ready 31’s affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages, or other legal action which may arise from Guest’s Dispute with any other Guest.
Article 15- TERMINATION:
This Retreat Agreement shall continue until canceled as specified above by either Party or until the Guest attends and completes the Retreat or Course. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 16 - INTELLECTUAL PROPERTY:
Guest acknowledges and agrees that Ready 31’s name, services, and any logos, designs, text, graphics, software, content files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Ready 31 or its affiliates, licensors, or suppliers.
Guest acknowledges and agrees that the source and object code of this website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Ready 31 and its affiliates, licensors, and suppliers.
Guest expressly agrees not to do anything inconsistent with Ready 31’s ownership of all the intellectual property discussed herein. Guest further agrees that there are no rights, title, or interest in or to any of Ready 31’s Intellectual property. In addition, Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Ready 31 or any third party.
Article 17 - RESTRICTIONS:
Guest is prohibited from selling or reselling Guest’s space in the Retreat or Course, unless Guest has specifically executed a written agreement with Ready 31 that expressly allows for such activity.
Article 18- INDEMNIFICATION
Guest agrees to defend and indemnify Ready 31 and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Guest’s conduct or actions. Guest agrees that Ready 31 shall be able to select its own legal counsel and may participate in its own defense, if so desired.
Article 19- DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith, If these personal resolutions attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Hawaii. Each Party shall pay their own costs and fees. Claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations.
Intellectual property claims by Ready 31 will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regards to arbitral claims.
Article 20- GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of Hawaii without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Honolulu County, Hawaii
Article 21- Headings:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and not be construed in any way that would limit or otherwise affect the terms of this Agreement.
This Agreement shall be constructed broadly to the maximum extent allowed by law, and shall be governed and enforced according to Hawaii law in Hawaii courts.
Should Ready 31 be required to enforce this Agreement, I agree to indemnify and hold Ready 31 harmless from any and all attorney’s fees and costs related thereto. I agree
that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
Airfare and rental cars are not included.