RETREAT/EVENT WAIVER – RELEASE OF LIABILITY
This Release of Liability and Retreat/Event Agreement (“Agreement”) is effective as of 07.01.23 (“Effective Date”) and is by and between Diana Davis Creative, a Colorado Limited Liability Company with an address of 2000 S. Colorado Blvd. Tower One, Suite 2000 - #26 Denver, CO 80222(“Company”) and you, the Retreat/Event Attendee (“Participant”) electing to attend the “DDC Ecuador Retreat/Event” (“Retreat/Event”) as outlined below. Participant understands and agrees he/she is entering into a legally binding Agreement with Company, inclusive of the following terms and conditions mutually agreed upon once the box is checked, and the deposit for the Retreat/Event is paid.

Participant agrees that he/she is over 18 (eighteen) years of age and may legally consent to and enter into this Agreement. If Participant is under 18, he/she confirms he/she will reach out to the Company, and enter into a separate agreement wherein Participant’s parent or legal guardian is the responsible party.

1. General Retreat/Event Itinerary

Participant is electing to attend Company’s Event entitled DDC Ecuador Retreat](, a six-day, five-night in-person Retreat/Event held from February 18, 2023 through February 23, 2023 located in Ecuador designed to allow Participant the opportunity to Participate & Embark on a transformative journey blending travel adventures, culinary delights, business coaching, and soulful connections. Embrace the 'go with the flow' philosophy, leave expectations behind, and immerse yourself in the path of personal transformation. Please be advised the itinerary is subject to change and may be modified by Company at any time. Participant hereby acknowledges and agrees that Company 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 Company deems unfit for travel.

Booking Process: to book a spot in Retreat/Event, Participant must complete the “Retreat/Event Package Purchase” portion on Company’s website. Upon completion, Participant will receive a confirmation email from Company confirming his/her booking in Retreat/Event. Company may request the provision of additional information, such as identification and travel information and/or additional forms and questionnaires. Participant hereby consents to receive all such correspondence related to the Retreat/Event, including the itinerary.

Participant is prohibited from selling or reselling his/herspace in the Retreat/Event, unless Participant has specifically executed a written agreement with Company that expressly allows for such activity.

2. Payment

A. The total investment for Retreat/Event is $3,800 for double occupancy and $4500 for single occupancy and includes all included Retreat/Event activities, accommodations meals for the Retreat/Event, and the day of the retreat arrival shuttle from Manta airport to venue and venue to Manta airport on departure date only.

B. Non-Refundable Deposit. To reserve his/her spot in Retreat/Event, Participant must provide a deposit of the breakdown payment plan stated in our Thrivecart check out to Company (“Deposit”) or pay in full amount. Participant is responsible for paying all the payments due for Retreat/Event Fee is due at the time of booking.) The Deposit and all fees are nonrefundable. If Participant cancels his/her spot in Retreat/Event, Participant will not be entitled to any refund of the Deposit or any additional fees paid. The entirety of the Retreat/Event Fee must be paid in full no less than thirty (30) days prior to the departure date for Retreat/Event. If not received, Company reserves the right to cancel Participant’s reservation in Retreat/Event without refund of the Deposit.

C. If for any reason Company must cancel or reschedule Retreat/Event due to illness, weather, or any other reason, Company will provide all participants with as much notice as possible, as well as the rescheduled date, if known. If Participant may not attend on the newly scheduled date, Participant will be offered a credit to a future event or offering from Company of equal value.

3. Voluntary Participation

Participant agrees and understands that his/her/their decision to attend and participate in Retreat/Event is purely voluntary and has been independently decided by Participant. To the extent allowable by law, any negative experiences before, during or after the Retreat/Event is no fault or responsibility of Company. Participant acknowledges Company has not forced nor personally advised Participant of his/her/their need to be at Retreat/Event; Participant has decided based upon the totality of circumstances that it would benefit him or her to attend, and that Participant would like to attend, inclusive of all potential activities and trainings offered at Retreat/Event, and does not hold Company responsible for such decision. Participant will not hold Company nor any affiliates, guest experts, employees, owners, or contractors responsible for any injury, issue, or negative experience occurring while at Retreat/Event, as a result of her attendance, or any portion of travel to and from Retreat/Event.

Participant also understands and agrees Retreat/Event is not to be considered a substitute for therapy, counseling services, or other medical wellness or treatment. While some within Company hold professional degrees as counselors, Retreat/Event does not include any therapy or counseling services, and is not designed to treat any mental, emotional, or other medical conditions. If you as the Participant believe you may be in need of therapy or counseling, and are seeking treatment or remedy for that through Retreat/Event, Retreat/Event is not right for you. By completing this Agreement, you confirm you are not looking for counseling or therapy-related services, understand the difference between coaching and counseling, and do not expect Company to provide any services other than that outlined herein while on Retreat/Event.
4. Guest Experts

Retreat/Event may include participation from guest experts who have been hired by Company in order to enhance Retreat/Event and provide their unique and specific skill sets to all participants (“Guest Expert”). All Guest Experts will be acting on behalf of their own companies or themselves, and are in no way associated with Company. Company does not necessarily endorse or promote anything Guest Expert may say or do during Retreat/Event, and Participant understands and agrees should he/she have any issue or claim against Guest Expert, he/she will resolve with Guest Expert directly, and will indemnify Company.

5. Travel and Transportation – Not Included

A. Participant will need to travel to attend Retreat/Event, and confirms that the decision to travel, and manner and mode by which he/she chooses to travel in order to get to Retreat/Event is wholly of Participant’s own choosing, and not in any way associated with the Retreat/Event or Company, nor is it included in the Retreat/Event cost outlined above. Should Participant encounter a negative situation or result from the choice of manner of travel, including but not limited to lost luggage, flight delay, injury, illness, transportation to and from Retreat/Event location, or other property loss, Participant understands and agrees that Company is neither responsible nor liable in any way, and that any required or optional travel is in no way associated with the Retreat/Event.

B. Participant is 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. Company is not liable or responsible for any Participant being denied entry or exit to or from any location.

C. Travel Insurance. Participant is strongly encouraged to purchase and maintain travel insurance during the entire length of the Retreat/Event (including through the return date). Participants that choose to purchase coverage are individually responsible for paying for 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.

6. Accommodations

Retreat/Event will include accommodations, including double and single room accommodation in villas by the ocean. Participant will be assigned his/her/their own room based upon availability and purchase selection of room. All rooms will be assigned depending on the onboarding form and the roommate will be matched to the best of our ability depending on your form or if you requested because you are bringing a friend, and may not be switched without all parties’ agreement thereto at Retreat/Event.

7. Food
If Retreat/Event includes meals and/or snacks and drinks, this provision shall apply. Participant may elect to eat or may bring his/her own food as needed or desired. Any additional funds spent on food, drinks, or refreshments by Participant will not be included in Retreat/Event and will be the sole decision and responsibility of Participant.

Participant understands Company will do its best to label any and all food and drink options in order to identify any potential allergens contained in a meal or food item but cannot guarantee accuracy or completeness of all food warnings. The Company will also do its best to accommodate any and all dietary restrictions, allergies, or other needs throughout the Retreat/Event, but Participant will use his/her/their own independent judgment to determine if such food and/or drinks are appropriate for consumption and will use common sense in making decisions regarding what to consume while at Retreat/Event. Company is not to be held responsible should Participant have any adverse reaction to foods or drinks while at Retreat/Event, whether due to a known or unknown cause, whether food was appropriately labeled or not. Participant takes full responsibility for choosing what to eat at Retreat/Event, if anything, and agrees Company nor any Company employee, owner, affiliate, or contractor is not responsible should Participant experience any sort of health-related issue while at Retreat/Event.

8. Risk Acknowledgement and Acceptance
Participant understands and acknowledge there may also be a risk from contact with other participants, including negligent or wanton acts of other participants, failures in following guidelines and rules of the event or any applicable laws, any defects of conditions of the premises where Retreat/Event is held, any effects of weather, including heat, cold, rain, winds, storms, or humidity, and/or any other risk of illness or injury. Participant further acknowledges that each of these risks are that which Participant voluntarily assumes and agrees Company is in no way responsible or liable for any negative results or injuries she may sustain as a result of the above risks she may encounter. Participant has the option to leave Retreat/Event at any time, should it become unsuitable for Participant. Participant understands Company is not responsible for any resulting injury, damages, property loss, or other negative issue that occurs during or after Retreat/Event.

9. Medical Attention
Should it be determined at any time during Retreat/Event that Participant needs medical attention, Participant consents to receiving emergency medical care and transportation as deemed appropriate and necessary by medical professionals called to the Retreat/Event, or on site with the venue. This Release also extends to any liability arising out of or related to any medical treatment provided to Participant, including but not limited to negligent emergency rescue options. Participant confirms that should she sustain any injury requiring medical attention, Company is not liable, nor responsible in any way, financial or otherwise. Participant agrees to hold Company harmless from any injury or illness sustained, directly or indirectly caused by participation in Retreat/Event, and confirms he/she will not involve Company in any claim, lawsuit, or cause of action related to injuries sustained or damaged alleged directly or indirectly from Participant’s attendance at or involvement in Retreat/Event.

10. Confidentiality

Company respects each participant’s privacy, and, to the extent there are any coaching sessions or other similar sessions within Retreat/Event, Company will not reveal anything said by Participant without prior written consent other than in the following scenarios: Suspected abuse to another individual or self, due to fee or contractual dispute, unintentional breach due to electronic or online communication (including but not limited to e-mail, Facebook messenger, Instagram direct messaging, WhatsApp), and phone and video recorded sessions.
The parties agree that the responsibility to refrain from disclosing or sharing any and all confidential information learned as a result of Participant working with Company shall survive the expiration of this Agreement. Additionally, Participant agrees not to share any footage obtained during Retreat/Event, including but not limited to videos, photos, or other visuals taken during the Retreat/Event, without express written permission from Company. If permission is granted, Participant agrees to share such images with proper credit to Company, and only within the parameters set forth by Company at the time permission was granted.
Due to the group nature of Retreat/Event, Participant may also obtain access to or become exposed to confidential or proprietary information belonging to other participants. Participant understands and agrees he/she will not disclose, steal, use, distribute, copy, or otherwise share or use any proprietary or confidential information belonging to another participant. Participant understands if he/she violates this provision, he or she may be liable to the third-party group member for infringement, and may not be invited back to another Retreat/Event. Participant will hold Company harmless from any such third-party action taken against Participant for such infringement or disclosure.
11. Indemnification
Participant expressly agrees to indemnify and hold Company and all affiliates, contractors, employees, and owners harmless against any and all claims, demands, damages, rights or causes of action or any person or entity that may arise from injuries or damages sustained by Participant while attending Retreat/Event. and agree to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of any aspect of Retreat/Event. Participant confirms he/she is attending voluntarily and confirms any expectations or preconceived notions about Retreat/Event are purely speculation.
12. Disclaimer
Participant understands that Retreat/Event will include many different activity options, including but not limited to such as yoga, dancing, fitness, hiking, climbing, boat tours, snorkeling, scuba diving, surfing, horseback riding, rafting, many active adventures, as well as cooking classes, ceramics, painting, etc and anything else reasonably included or offered by Company on this Retreat/Event. Participant understands all such activities and sessions are purely voluntary and optional, and Participant does not need to participate in anything he/she does not wish to, or does not feel safe to do. Participant will use his/her independent judgment, and knowledge of his/her health and any applicable medical conditions in selecting which activities may or may not be right for Participant. Company does not employ doctors, nor is Company privy to Participant’s medical history and any applicable conditions – Participant agrees he/she will take full responsibility for his/her health and wellness during Retreat/Event, and will not hold Company responsible or liable for any negative experience or illness/injury, as long as the activity was provided as intended by Company.
Participant understands that all services provided by Company in connection with the Retreat/Event are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Participant agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following Retreat/Event.
13. COVID Release
By participating in Retreat/Event, Participant understands he/she/they may be exposed to COVID-19, and may contract this or another virus as a direct or indirect result. Participant confirms he/she/they have independently weighed the risks, conducted any additional research, asked any necessary questions, and made a voluntary decision to attend Retreat/Event. Participant has been adequately informed of all risks associated with gathering in-person, and hereby assume all such risks associated with potential COVID-19 transmission or exposure, and accept sole responsibility for any illness, injury, damage, claim, or exposure arising from Retreat/Event.
Participant agrees Company is not liable or responsible in any way, financially or otherwise, should Participant be exposed to or contract COVID-19 or any other virus as a direct or indirect result of attending Retreat/Event. Participant agrees to hold Company and any other assistants participating in Retreat/Event harmless from any medical expenses, emotional damage or other alleged or real costs, damages, causes of action, or claims that may result from contracting COVID-19 or any other illness. As consideration for this waiver, Company agrees to waive any liability or claim against Participant for COVID-19 transmission or exposure. However, all such waivers shall not prohibit actions or claims against any person who knowingly participated in Session while exhibiting COVID-19 symptoms, or who knowingly participated while having an active COVID-19 infection.

14. Photo/Media Release

Participant understands and agrees that Retreat/Event may be filmed, recorded, and/or documented in some way by photographers, media, or other members of the press, or by other participants at Retreat/Event. Participant understands he/she may be videotaped, photographed, or otherwise captured at Retreat/Event. Participant hereby grants Company a royalty-free, irrevocable license to use Participant’s name, likeness, and image in using such video and photography (“Released Media”) from Retreat/Event for commercial use, as it sees fit. This may include but is not limited to posting photos and video on Company’s website, and social media channels (Facebook, Instagram, Twitter, TikTok, Youtube, etc.) future sales pages and advertisements for future Retreat/Events, and to promote and publicize the Retreat/Event in general. Company may also sell or assign the right to use such images or other materials to third parties. By purchasing a spot in Retreat/Event and agreeing to this Waiver, Participant provides Company with a full, irrevocable release allowing Company and any other relevant party to use his/ her name and likeness, and all such footage in any way it sees fit. Client also agrees to provide Company and/or the applicable photographer with credit should he/she use any of the Released Media in connection with his/her own business or on his/her own social media platforms.
Participant hereby releases the Company 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. Participant claims no ownership of the Released Media and foregoes any opportunity, whether past or present, to copyright or trademark the Released Media.
Other Retreat/Event attendees and presenters may also have recording devices, including cell phones, laptops, and other means of recording footage, photos, and audio that they may share online via social media applications. Participant understands that attendees are within their rights to do so, and that Participant does not have any expectation of privacy at Retreat/Event – she understands and agrees she will likely be photographed or filmed, whether in the background or forefront of such recordings, and such images or videos may be shared by the person who records them. Company is not responsible for footage, photographs, and any other information obtained by Retreat/Event attendees and posted on social media, the Internet, and/or other avenues. Participant agrees to fully indemnify and hold harmless Company and any affiliates of Retreat/Event should any attendee post or broadcast any form of photography or media regarding or including Participant, whether intentional or unintentional. Company is not responsible nor liable for what attendees may post, and Participant agrees he or she is attending Retreat/Event voluntarily, and assumes any and all such risks of being photographed or otherwise recorded by Retreat/Event staff, attendees, guest experts, speakers, and/or Company.

15. Cancellation
A. Cancellation Due to Failure to Pay. Company reserves the right to cancel if Retreat/Event Fees are not received thirty (30) days prior to Retreat/Event. If such a cancelation is undertaken, Participant understands and agrees he/she is not entitled to receive his/her Deposit back or any other fees paid to that date.
B. Company Cancellation. Company may also cancel the Retreat/Event for any reason, unrelated to an individual participant, in Company’'s sole and exclusive discretion. If Company cancels for any commercial reason, all Participants are entitled to receive back any and all monies paid to the Company. However, Company shall not be responsible for any additional fees paid by Participant to any third parties, such as travel companies, airfare, etc.
C. Participant Cancellation. If Participant wish to cancel, written notice of such cancellation must be sent to Company via email. As noted above, in the event of Participant cancellation, no fees will be returned.
16. 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 resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in or near Boulder, Colorado. 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 Colorado. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organizer 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 regard to arbitral claims.
This Agreement shall be governed by and construed in accordance with the internal laws of Colorado 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: Denver.

I, PARTICIPANT, have read the foregoing waiver and release, and voluntarily agree to the terms as written, with full knowledge of its content and meaning.