Liability Waivers & Photo Release
Stream Source, LLC // Creative Nature Experiences // Compass Sagrada Wellness
Yoga Adventure Retreat
Assumption of Risk and Release of Liability Agreement
PARTIES
Stream Source, LLC. (“Stream Source”) is a tour operator that organizes wellness tours, principally yoga tourism excursions to Mexico, and maintains its principal place of business at 6814 Cricklewood Rd, Indianapolis, IN 46220. You, the undersigned (“Client” or “You”), desire to travel internationally with the guidance and support of Stream Source. In consideration of your participation in this Stream Source tour, You accept the acknowledgements included below as your own, and consent to the following terms of this Assumption of Risk and Release of Liability Agreement (“Agreement”). In the event that Client is a minor, Client’s parents or guardians shall sign for the Client.
ACKNOWLEDGEMENTS
International Travel
Client is electing to participate in this tour and understands that international travel may present risks which are different from, greater than and less predictable than those risks associated with domestic travel. Client acknowledges that international travel may involve certain inherent risks and dangers, including but not limited to: unfamiliar and/or poorly processed food and drink; food and water borne disease; acts of God; terrorism; civil unrest; hazards of travel in difficult terrain, extreme weather and unfamiliar climates and altitudes; travel by air, motor vehicles, animal, or other conveyance; exposure to accidents; uncommon disease and illnesses; drowning; unconventional customs, practices and sexual mores; and insect or other bites.
Client may be subject to further risks as a participant in this specific tour due to negligent acts or omissions of Stream Source, its owners, employees, agents or assigns, other travelers, and third parties or entities acting in any capacity. Client understands that the forces of nature, crime, civil unrest and personal injury or illness in remote areas without means of rapid evacuation or adequate medical care or supplies are risks which exist in international travel. Client acknowledges that these risks may result in damage to property, including lost luggage or other belongings, bodily or emotional injury, and death. These risks of international travel cannot be eliminated and Client willingly assumes these risks.
Physical Requirements
Client understands the physical requirements of the tour and the nature of the activities contemplated, and has no known physical, medical or mental condition which would impair her/his ability to safely participate in this tour, or else Client hereby assumes all risks that may be created, directly or indirectly, by any such condition.
Travel Insurance
Client understands that travel insurance may be purchased from third party insurance providers. Client is strongly advised to obtain travel insurance which, under certain circumstances, may insure against unforeseen travel issues and risks such as inability to participate in the tour, travel/tourism bankruptcies, cancellations, interruptions, delays, lost/stolen/damaged travel documents and personal property, medical expenses, evacuation, and other emergency transportation.
TERMS AND CONDITIONS
Liability Disclaimer
Stream Source acts only as an agent for the various independent suppliers that provide hotel accommodations, transportation, sightseeing, activities, or other services connected with this tour. Such services are subject to the terms and conditions of those providers. Stream Source and its respective employees, agents, representatives, and assigns accept no liability whatsoever for any injury, damage, loss, accident, delay, or any other incident which may be caused by the negligence, defect, default, of any company or person in performing these services. Responsibility is not accepted for losses, injury, damage of any kind due to sickness, weather, labor strikes, hostilities, wars, terrorist acts, acts of nature, local laws or other such causes. All services and accommodations are subject to the laws and regulations of the country in which they are provided. Stream source is not responsible for any baggage or personal effects of any individual participating in the tours/trips arranged by Stream Source. Individual travelers are responsible for purchasing a travel insurance policy, if desired, that will cover some of the expenses associated with the loss of luggage or personal effects.
Liability Waiver
STREAM SOURCE SHALL NOT BE LIABLE FOR ANY INJURIES OR LOSSES INCURRED BY CLIENT, OR BE SUBJECT TO ANY CLAIM, DEMAND, INJURY, OR DAMAGES, WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM ACTS OF PASSIVE OR ACTIVE NEGLIGENCE ON THE PART OF STREAM SOURCE, ITS OFFICERS, EMPLOYEES, OR AGENTS. CLIENT DOES HEREBY EXPRESSLY RELEASE AND DISCHARGE STREAM SOURCE FROM ALL SUCH CLAIMS, DEMANDS, INJURIES, DAMAGES, ACTIONS OR CAUSES OF ACTION. CLIENT ACKNOWLEDGES THAT SHE/HE HAS CAREFULLY READ THIS PARAGRAPH AND FULLY UNDERSTANDS THAT THIS IS A WAIVER AND RELEASE OF LIABILITY, EXPRESSLY WAIVING HER/HIS RIGHTS AND THE RIGHTS OF ANY OF HER/HIS HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, TO SUE OR OTHERWISE SEEK DAMAGES OF ANY KIND FROM STREAM SOURCE, ITS OFFICERS, EMPLOYEES, OR AGENTS.
Initials ________
Indemnify, Defend, and Hold Harmless
Client shall indemnify, defend, and hold harmless Stream Source, paying all damages, costs, fees, expenses and attorney fees incurred by Stream Source in defending any third party lawsuit or claim arising out of Client’s action(s), under any theory of recovery, including but not limited to, delay or change of schedule, illness, personal injury, wrongful death, theft or loss of property.
Limitation of Liability
In no event will Stream Source liability to a Client be greater than the amount of the fees paid by the Client to Stream Source for the tour, even if the amount of damages suffered by the Client are greater than the fees paid. Furthermore, in no event will Stream Source be liable for any indirect, special, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.
Insurance and Emergency Services
Client shall obtain adequate insurance to cover any injury or damage Client may suffer or cause while participating in this tour, or will personally bear the costs of such injury or damage, and all related costs, such as emergency treatment, hospitalization, or evacuation. Client authorizes Stream Source to respond to any perceived medical emergency by arranging any emergency medical treatment and hospitalization as may be deemed reasonably necessary.
Cancellation and Refund Policy
Client has been advised of the Stream Source cancellation policy, has received a copy of the same, and may further review the policy here: https://streamsourcenature.com/frequently-asked-questions/. No refund shall be considered unless Stream Source has received written notice of Client’s intent to cancel at stephanie@creativenature.life , or at 1075 Broad Ripple Ave, Suite 247, Indianapolis, IN 46220, if notice has been provided by common carrier or U.S. Post. While reasonable care will be taken in selection and booking of transportation, logistical issues beyond the control of Stream Source may cause sudden changes to schedules and/or delay, or prevent travel entirely. If such changes, delays, or cancellations occur, only those monies refunded to Stream Source or still in the possession of Stream Source will be refunded to Client.
Age of Majority
With respect to any minor child listed below, Client warrants that she/he is a parent or legal guardian of the child and Client has the authority to approve their child’s participation in this tour. CLIENT HEREBY CONSENTS
TO THE CHILD PARTICIPATING IN THE TOUR, AND UNDERSTANDS AND AGREES THAT ALL OF THE TERMS OF THIS AGREEMENT SHALL APPLY EQUALLY TO BOTH THE CLIENT AND CHILD.
Entire Agreement
This is the entire agreement between Stream Source and Client, regarding liability for the tour, which supersedes all prior statements, representations or warranties, whether oral or written, express or implied.
Waiver
In the event any term or provision of this Agreement is found to be unenforceable or void, in whole or in part, then the offending term shall be construed as valid and enforceable to the maximum extent permitted by law, and the remainder of the Agreement shall remain in full force and effect.
Venue and Jurisdiction
The venue for action upon this Agreement shall be Marion County, Indiana. This Agreement shall be interpreted under the laws of the State of Indiana, and shall be construed in accordance with the State and Federal laws of the State of Indiana. Client hereby waives her/his right to trial by jury.
Inspection
Client was provided ample opportunity to personally review and seek legal counsel for review of the Trip Itinerary, Cancellation Instructions, and Assumption of Risk and Release of Liability Agreement prior to contracting with Stream Source for a travel tour.
I, the undersigned, have voluntarily and without duress signed this Assumption of Risk and Release of Liability Agreement. I assert that I have read and fully understand the above Agreement, and that I agree to accept the terms of the Agreement.
Stream Source, LLC
Yoga Adventure Retreat
IMAGE/LIKENESS RELEASE
I (“Participant”) have elected to participate in, and have been accepted into, a yoga retreat organized by Stream Source, LLC (“Stream Source”). I hereby give Stream Source and its licensees and assigns my permission to use any such photographic or video content which may be created by Stream Source during the retreat and featuring my likeness and image (the “Content”) in any media for any purpose, including but not limited to, advertising, promotion, marketing and packaging for any product or service offered by Stream Source. I agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works, and may be cropped, altered or modified. I agree that I have no rights to the Content, and all rights to the Content belong to Stream Source.
I acknowledge and agree that I have no further right to additional consideration of any kind, and that I will make no claim upon any Content for any reason. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of the State of Indiana. It is agreed that my personal information will not be made publicly available and may only be used directly in relation to the licensing of the Content if necessary (e.g. to defend claims, protect rights) and may be retained as long as necessary to fulfill this purpose, including by being shared with licensees or assigns.
I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release, or my parent/guardian will also sign this release.
Agreement of Release and Waiver of Liability- YOGA
I, ____________________________________________ (print name) understand that yoga includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. I understand I will receive information and instruction, including verbal cues and demonstrations about yoga and health. As is the case with any physical activity, the risk of injury, even serious disabling, is always present and cannot be entirely eliminated. It is my responsibility to consult with a physician prior to my participation in the yoga class.
I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the yoga class. I am aware I may receive verbal cues to adjust my physical movements. I agree to take full responsibility for any risk, loss, claim, injury, damage or liability, known or unknown, which I might incur as a result of participating in the program.
Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I affirm that I alone am responsible to decide whether to practice yoga. I knowingly, voluntarily, and expressly agree to accept full responsibility and assume the risk for my use of or participation in any and all classes, activities, apparatus, appliance, facility privilege or service, of any nature, which is owned or operated by Stream Source, LLC. While engaging in any class or activity operated, organized, arranged or sponsored by Stream Source, LLC, its representatives, and agents, forever harmless from any and all loss, claim, injury, damage or liability sustained or incurred by me. I specifically agree to indemnify and hold harmless Stream Source, LLC as to any loss, cost, claim, injury, damage or liability, sustained or incurred by participating in the classes, or through my use of the facilities or equipment of Stream Source, LLC which is caused by an act or omission, whether negligent, intentional or otherwise, of an employee, representative, or agent of Stream Source, LLC.
I, my heirs, or legal representative forever release waive, discharge and covenant not to sue Stream Source, LLC for any injury or death caused by my participation in the yoga class. My signature below constitutes my full acceptance of this waiver.
I have read the release and waiver of liability and fully understand its consent. I voluntarily agree to the terms and conditions stated above.