Liabitliy Waiver
In consideration for being permitted to participate in various wellness, holistic, and recreational activities offered by PUYU RETREAT (the “Company”) including but not limited to: [Traditional Chinese Medicine (TCM) Diagnosis & Thermal Imaging, Seasonal Culinary Workshops, Acupuncture, Moxibustion (Jiu), Tuina Massage, EMF Massage, Tea Ceremonies, Guided Meditation, and other related wellness experiences], and the use of any related equipment no matter who the activities are conducted by (the “Activities”), at any time while participating in the retreat, I hereby agree to the following terms of this Release of Liability, Waiver of Claims, Assumption of Risk and Indemnification Agreement (the “Agreement”) as follows:
On behalf of myself, my spouse, my children, my parents, my heirs, assigns, representatives, agents, estate, and any other individual or entity asserting or purporting to assert claims by or through me, I hereby release, waive, discharge and covenant not to bring a claim against or to sue PUYU RETREAT, and/or each or any of their subsidiaries, affiliates, directors, officers, employees, members, founders, agents and/or representatives (collectively the “Company”).
NATURE OF SERVICES & NO GUARANTEED RESULTS: I acknowledge that the Activities, including thermal imaging, pulse/tongue diagnosis, and consultations, are provided for educational, relaxation, and holistic wellness purposes only. They are not intended to diagnose, treat, cure, or prevent any medical condition or disease. The Activities are not a substitute for professional medical care. I understand that experiences and outcomes with Traditional Chinese Medicine vary significantly by individual, and the Company makes no guarantees regarding specific physical, mental, or energetic results.
THIRD-PARTY PRACTITIONERS: I understand and acknowledge that all TCM diagnostic services and physical treatments (including but not limited to Acupuncture, Moxibustion, Tuina, and EMF Massage) are administered by independent, licensed professionals from partner clinics (the "Third-Party Providers"), and not by the Company. I agree that the Company acts solely as a travel and wellness facilitator for these experiences and assumes no liability for the medical advice, procedures, acts, omissions, or outcomes provided by these Third-Party Providers.
DIETARY & ALLERGEN ACKNOWLEDGMENT: I understand that the culinary workshops, meals, and tea ceremonies feature traditional Chinese botanicals, herbs, and seasonal ingredients. I acknowledge that I am entirely responsible for disclosing any food allergies, sensitivities, or current medications that may negatively interact with herbal ingredients prior to participation, and I assume all risks of allergic reactions or adverse herb-drug interactions.
ACKNOWLEDGEMENT OF HAZARDS: I hereby acknowledge, attest, and agree that the Activities are subject to naturally occurring hazards and dangers of all kinds. These include, but are not limited to, hazards associated with holistic and physical treatments (including minor bruising or soreness from acupuncture; heat sensitivity or minor burns from moxibustion; deep tissue soreness from massage; and physiological reactions to electromagnetic frequencies). Furthermore, I acknowledge exposure to weather and climate conditions, ground conditions, materials and equipment handled and/or used by other individuals (including the possibility of contracting COVID-19 and/or other infectious diseases). In addition, there are hazards and dangers that are the result of human error and from manmade structures, equipment, vehicles, and other materials, goods, clothing, and otherwise, including risks of inadequacy, malfunction, misuse, defect, lack of proper sterilization, or other failure.
ASSUMPTION OF RISK: I hereby acknowledge, attest, and agree that I am personally capable of understanding and appreciating the gravity, scope, and implications set forth in the Acknowledgment, above, as well as any and all risks of any kind associated with participating in the Activities. Based on my personal knowledge and understanding of all risks involved, I hereby voluntarily and knowingly fully assume any and all responsibility for and risk of personal injury, illness, allergic reaction, or other harm of whatever kind, nature, or seriousness from participating in the Activities in any way, including actually performing any Activity, preparing to perform any Activity, observing any Activity, or being in the presence of others performing, preparing to perform, or observing any Activity. I further agree to assume any and all responsibility for and risk involved in or arising from the selection, performance, or observation of any Activity, and/or the selection, performance, or observation of any vendor, contractor, supplier, or Third-Party Provider of any Activity. This assumption of risk is undertaken freely, without any coercion, pressure, or undue influence.
NO RELIANCE: I have not and am not relying on any other individual or entity, including but not limited to the Company, for any purpose in entering into this Agreement and/or the Acknowledgment and Assumption of Risk included herein, and expressly disclaim reliance on any other individual or entity for any purpose associated with this Agreement. I also have not and am not relying on the Company with respect to my selection of or participation in any Activity and/or any vendor, contractor, supplier, or provider of any Activity.
I hereby agree to assume and accept any and all known and unknown risks of injury, damage, or harm of any kind while participating in any of the Activities, INCLUDING, WITHOUT LIMITATION, ANY AND ALL KNOWN AND UNKNOWN RISKS OF INJURY, DAMAGE, OR HARM OF ANY KIND CAUSED, IN ANY PART, BY THE NEGLIGENCE OR OTHER WRONGFUL ACTS OR OMISSIONS OR FAULT OF THE COMPANY OR ANY PERSON OR ENTITY ACTING FOR, THROUGH, OR ON BEHALF OF THE COMPANY.
RELEASE, WAIVER AND INDEMNITY OF CLAIMS AGREEMENT: In consideration for being permitted to participate in any or all of the Activities, I hereby agree on behalf of myself, as follows:
I hereby release, waive liability against, discharge, and agree not to sue the Company with regard to any and all liability for any loss, damage, injury, or expense that may arise out of, be related to or associated with, result from, or be caused by, in whole or in part, my participation in, preparation for, or observation of the Activities, WHETHER OR NOT CAUSED, IN ANY PART, BY THE NEGLIGENCE OR OTHER WRONGFUL ACTS OR OMISSIONS OR FAULT OF THE COMPANY OR ANY PERSON OR ENTITY ACTING FOR, THROUGH OR ON BEHALF OF THE COMPANY; and
I hereby agree to defend, indemnify and hold harmless the Company and each of them against any demands, claims, liability, damage, and loss of any kind, which may arise out of, relate to, result from, or be caused, in whole or in part, by my participation in, preparation for, or observation of the Activities. This includes but is not limited to demands, claims, liability, and losses of any kind related to or arising from me or other third parties, and any injury, disability to, or death of any person(s), and/or damage to any equipment or other property, WHETHER OR NOT CAUSED, IN ANY PART, BY THE NEGLIGENCE OR OTHER WRONGFUL ACTS OR OMISSIONS OR FAULT OF THE COMPANY.
MEDICAL INFORMATION/CARE: I hereby consent to receive first aid and/or medical treatment which may be deemed advisable in the event of injury, accident, and/or illness while participating in the Activities. I acknowledge and agree that the Company shall have no duty, obligation, or liability arising out of the provision of, or failure to provide, first aid or medical treatment.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to its subject matter. I am not relying upon any oral, written, or other representations of any kind by the Company other than what is set forth in this Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed, and the remainder of this Agreement will remain in full force and effect.
MISCELLANEOUS: This Agreement shall be governed by the laws of KING COUNTY and construed broadly to provide a release, waiver, assumption of risk and indemnification to the fullest extent permissible by law. State and federal courts in THE STATE OF WASHINGTON, UNITED STATES OF AMERICA will be the exclusive jurisdiction and venue for any claim arising out of this Agreement.
BY CHECKING THE BOX, I ACKNOWLEDGE THAT I HAVE FULLY READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.