LIABILITY WAIVER & TERMS AND CONDITIONS FOR STARDUST RANCH RETREATS

In consideration of my participation in and presence at Stardust Ranch Retreats (the “Retreat”) performed and operated by XO The Simplified Life, LLC as well as my use of the premises on which such Retreat is conducted, as well as other good and sufficient  consideration, the receipt and sufficiency of which is hereby acknowledged, I, (name) _______________________________, hereby agree to the following:

INDEMNIFICATION

I agree to indemnify , hold harmless and defend Stardust Ranch Retreats, XO The Simplified Life, LLC, and all its members, managers, officers, employees, contractor, agents, volunteers, or other representatives, and the owner(s), operator(s), and tenant(s) of any real property and improvements where the retreat is being conducted and all their members, managers, shareholders, officers, employees, contractors, agents, volunteers, or other representatives (collectively, the “Indemnified Parties”) from any and all fault, liabilities, damages, costs, expenses, claims, demands, judgments, costs of defense, or lawsuits arising out of, related to, or connected with: (1) my presence at or participation in the Retreat; (2) my use of any equipment or personal property used as part of the Retreat; (3) my occupation or use of the land and premises, including any buildings, houses or other improvements, used in connection with any portion of the Retreat (the “Premises”); and (4) any and all actions or omissions by me. Should any of the Indemnified Parties incur any expense or become obligated to pay any attorney’s fees or court costs in connection with reviewing, analyzing, compromising or defending any claims or demands arising out of the subject matter with respect to which indemnification is provided by this Agreement, or for purposes of enforcing this Agreement, I agree to reimburse such Indemnified party for such expenses, attorney’s fees, or costs within a reasonable time, in no event to exceed ten days after receiving written notice from the Indemnified party of such expenses, attorney’s fees, or costs. 

WAIVER AND ASSUMPTION OF RISK

I understand and am aware that my participation in the Retreat involves risk. These risks may lead to tangible or intangible harm, including but, not limited to, injury, permanent harm, or death. I agree that such harm may result not only from my own actions but also from the actions of others. I understand and expressly acknowledge that an inherent risk of exposure to Covid-19 exists in any place where people are present. I am also aware that there are risks that I may not have considered.

I waive for myself and for my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin any and all rights and claims for damages, injuries, losses, demands, and any other actions or claims, except for acts of gross negligence or willful or wanton conduct, that I may have against any of the Indemnified Parties arising out of, related to, or connected with (1) the Retreat; (2) my use of any equipment, or personal property used as part of the Retreat; (3) the Premises, including, but not limited to, any latent defects in the premises; and (4) my personal property (whether or not entrusted to any Indemnified Party). The Indemnified Parties shall not be liable for, and I on behalf of myself, my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin, release the Indemnified Parties from any and all such claims and liabilities, except for acts of gross negligence or willful or wanton conduct.

MISCELLANEOUS

I am over 18 years of age and am emotionally, medically, and physically able to enter into this Agreement and to participate in the Retreat. This Agreement binds me and my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin. 

I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law and that if any provision of this Agreement is deemed invalid or otherwise unenforceable, the enforceability of the remaining provisions will not be impaired thereby. 

I expressly give the Indemnified Parties permission to use photographs and/or video of me taken in and during the Retreat for the purposes of advertising and/or promoting Stardust Ranch Retreats. 

I agree that this Agreement shall be construed, interpreted, and governed by the laws of the State of California, without regard to conflicts of law principles. I agree that any lawsuit arising out of this Agreement or out of my participation in the Retreat or activities of any of the Indemnified Parties, shall be brought in San Joaquin County, California.

ACKNOWLEDGMENT

I have read this Agreement fully and I understand and agree to its terms. I acknowledge that I have the right to have my legal representatives review this Agreement and advise me regarding my rights and obligations. 

Stardust Ranch Retreats

TERMS AND CONDITIONS

This document outlines the terms and conditions (“Terms and Conditions”) of Stardust Ranch Retreats (“SRR”). By purchasing a retreat, you are agreeing to these Terms and Conditions so please read the document carefully before completing your payment. 

1. Retreat payments. To reserve a spot at a Stardust Ranch Retreat, you must agree to these Terms and Conditions. All payments must be made with USD. SRR accepts MasterCard, Visa, American Express, Apple Pay, and PayPal for all retreat payments. 
2. Expenses not included in retreat price. All travel arrangements are your responsibility and at your own cost. SRR shall not be held responsible for any consequences arising from delays or cancellations in any of your travel arrangements, or for any irregularities in your documentation required for travel. Transfers to and from the retreat are at your own cost unless otherwise specified. 
3. Itineraries are subject to change. While SRR will do its best to follow the planned itinerary, it is possible that unexpected events could necessitate a change in the itinerary. If this happens, SRR will endeavor to provide all services described in the itinerary though they may occur in a different sequence than anticipated. Uncompleted portions of the retreat itinerary are not cause for a refund.
4. Retreat forms, obligations, and risks. All retreat guests are required to review and accept a SRR Liability Waiver Agreement prior to the beginning of a retreat. Altering the Liability Waiver Agreement could result in expulsion from a retreat at your own expense.
5. Participation. Although we want everyone to enjoy their retreat, any individual’s actions that are incompatible with the safety, comfort, or convenience of other guests on the retreat, SRR has the exclusive right and discretion to expel any individual from the retreat at any time. 
6. Medical Emergencies. SRR does not provide medical emergency personnel at its retreats. You warrant that you are emotionally, medically, and physically able to participate in the retreat. If you have any health conditions that could pose a risk to you or to anyone else, you must notify SRR prior to the start of the retreat. If you have an emergency that SRR deems necessitates medical treatment, you authorize SRR to contact emergency medical providers for you.

ACKNOWLEDGMENT

I have read this Agreement fully and I understand and agree to its terms. I acknowledge that I have the right to have my legal representatives review this Agreement and advise me regarding my rights and obligations.