POLICIES & PARTICIPANT RELEASES
CANCELLATION POLICY: Below are the guidelines if you must cancel your wellness vacation: We do offer cash or credit card refunds. If you must cancel your reservation, your cancellation fee will be determined accordingly: If you cancel your reservation 61 days or more prior to the retreat start date, you will lose your non-refundable deposit paid at the time of registration. If you cancel your reservation within 0-60 days of the start date, you will forfeit 100% of all payments received including your deposit and be responsible for the full retreat value. Any remaining balances will be refunded back to your credit card. Exceptions to our policy cannot be made for any reason, including weather, hospitalization, business emergencies, personal/family emergencies or personal/family illnesses. There are no discounts for arriving late or leaving the retreat early. SwellWomen highly recommends purchasing Travel Protection Insurance through your travel agent. Travel protection insurance is used for any unexpected additional travel expenses that may occur before, during or after your trip. If SwellWomen must cancel a retreat, all payments received to date will be refunded, which constitutes full settlement. SwellWomen is not responsible for expenses incurred in preparation for any canceled trips, such as airline tickets, or for costs incurred due to travel delays, flight cancellation or illness, etc… Guests who fail to provide personal information and signed “Release of Liability and Assumption of All Risks” and “Media Release” in your reservation from prior to their departure will not be allowed to participate in the retreat. Furthermore, the above cancellation policy will apply
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK: In consideration of the services of SwellWomen, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf hereinafter collectively referred to as SW, I hereby agree to release, indemnify, and discharge SW, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows: I acknowledge that my participation in surfing entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: Being hit by the board, other surfers or their boards which could result in cuts, bruises, or abrasions, and concussions; hitting the bottom of the ocean; sprains, strains, broken bones, paralysis, even death; exhaustion, dehydration, sunburn; exposure to poisonous and/or carnivorous sea creatures; and accidental drowning. Furthermore, SW employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SW from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SW\’s equipment or facilities, including any such claims which allege negligent acts or omissions of SW. 4. Should SW or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 6. In the event that I file a lawsuit against SW, I agree to do so solely in the state of Hawaii, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. 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. By providing a signature in this reservation form, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against SW on the basis of any claim from which I have released them herein. By providing a signature in this reservation form, the participant, states that he/she: 1 has informed SW, in writing, of any existing conditions that may be affected due to the nature of the program, 2 is aware of and understands the potential hazards and risks, and 3 chooses to voluntarily participate. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
RELEASE OF LIABILITY:The undersigned assumes all responsibility for and all risk of damage, injury, or loss of property that may occur to the undersigned as a participant in the SwellWomen SW Experience while using facilities, equipment and as a participant in all SW activities, included but not limited to; surfing, stand-up paddling, yoga, hiking, swimming, snorkeling, etc… The undersigned hereby releases and discharges SwellWomen, its faculty, staff, administrators, trustees, and employees from all claims, demands, rights of causes of action, present and future, whether known or unknown, and resulting from the undersigned’s participation in the above stated program.
MEDIA RELEASE FORM: I acknowledge that I may be photographed or video taped and displayed in any form or manner, including but not limited to; books, displays, publications, newspapers, advertisements, website, press releases, articles, promotions, promotional video, etc…This footage may also be released to SwellWomen affiliates and displayed in any form or manner, including but not limited to; books, displays, publications, newspapers, advertisements, website, press releases, articles, promotions, promotional video, etc… Your signature on your reservation form below releases all liability from SwellWomen, including independent contractors, staff members, accommodations location, outside vendors and SwellWomen Owner.