Spiritual Seeker's Waiver

WAIVER AND RELEASE OF LIABILITY

Welcome! Before participating in Spiritual Seeker’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release Spiritual Seeker of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services.

If you are a minor in the State of California or your place of residence, your legal guardian must also sign this Waiver on your behalf.

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE WAIVING YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

  1. Parties. We are The Bee’s Knees Inc. DBA Spiritual Seeker Yoga Meditation and Retreats, a Corporation based in the State of California. In this Waiver, we will refer to ourselves as “Spiritual Seeker,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver as “you” or “your”
  1. The Activities. As part of your services with Spiritual Seeker, you may participate, in person or online, in Yogic Evolution Yoga and exercise classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):
  • Stretching and flexibility training in the form of poses, body weight and strength exercises, breath work, meditation, and
  • The Activities may involve physical contact, such as adjustments from instructors, so please let us know in advance if you do not want them.
  • We will visit temples, participate in rituals involving fire, water and air and receive various yogic philosophy teachings from gurus and other yoga facilitators.
  • Jyotish Vedic astrology principles.
  • Hiking, Surfing and other leisure and entertainment activities are available at the Retreat.
  • The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Spiritual Seeker’s facilities, including You agree that you are responsible for the safe facilitation of Activities outside our facilities.
  1. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls, surfboards, and cooking utensils. (the “Equipment”). Please do not use any equipment not instructed by Spiritual Seeker. You understand that while we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.
  • Please note that we may add new and different Equipment in the future to provide the Activities, which will be similar to the Equipment listed You accept the risk of any future and similar related Equipment you may use to participate in the Activities.
  1. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.
  • Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD.

      * There is also a risk of exposure to and contraction of COVID-19 or other              communicable diseases passed on via other participants and the use of                  shared space, surfaces, or Equipment.

  • If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
  • Participating in the Activities online poses risks, as there is no in-person supervision or space provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far and not attempting anything you feel unsure how to perform.
  • If the Activities are being performed outdoors, there are additional risks such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other

environmental factors. You understand and agree that it is your responsibility to ensure a safe space and environment in which to perform the activities. Hiking and walking once can encounter loose or slippery surfaces, increasing the risk of falling.

  • Surfing, Watersports and any Rituals involving All watersports carry the risk of hypothermia and drowning. Surfing in the ocean, you can encounter rip currents, powerful waves, and marine life.
  • Rituals involving Fire. Some yogic rituals may involve As with any activity involving an open flame, whether from a candle or a bonfire, there is a risk of burning. Care should be taken with regard to the types of fabric worn when participating in any such ritual.
  • Risks Associated with Retreats. Our retreats are held in many locations, both domestic and international. Please be aware that certain risks must be considered during our retreats. Some regions are prone to diseases such as malaria, dengue fever, and Mosquito repellent, sleeping under mosquito nets, and taking prophylactic medications are some of the precautions to be considered. Due to differences in food preparation, hygiene standards, and water quality, it is possible to contract gastrointestinal illnesses. Drinking bottled or boiled water and eating food from reputable establishments is advisable. Any creature disturbed in its natural habitat can be unpredictable; outdoor activities carry a higher risk of insect bites or encountering wild animals or snakes in their natural habitat.
  • We would like to emphasize that your release of our liability is not limited in any way to these The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.
  1. Affirmation of Health. By participating in any Activities with Spiritual Seeker, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
  1. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with Spiritual Seeker. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities.
  1. Lost or Stolen Personal You agree that it is solely your responsibility to safeguard your personal items, and Spiritual Seeker is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.
  1. Alcohol and Prohibited You are strictly forbidden from participating in the Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present, focused and aware of your body’s pain threshold.
  1. Medical Disclaimer. You fully understand that Spiritual Seeker is not a medical professional and that any information, consultation and facilitation provided by Spiritual Seeker do not constitute medical treatment or You acknowledge and agree that using any dietary, lifestyle or wellness recommendations or information is completely voluntary, and you are solely responsible for freely choosing to implement them. Regarding any physical or mental health problems, ailments, conditions, eating disorders, or other diseases, you are now advised that it is your responsibility to obtain competent medical advice from a licensed medical or mental health professional. You understand and agree that any service rendered by Spiritual Seeker is not designed to diagnose, cure or prevent any disease, pain, deformity, injury, or mental or physical condition of any kind. You hereby agree to this waiver and release us freely and voluntarily. You affirm you have had the opportunity to discuss this Agreement with your own independent legal counsel prior to agreeing to it. You acknowledge that Spiritual Seeker would not offer the Services without this waiver and release agreement.
  1. Therapeutic Disclaimer. All conversations and information shared any Spiritual Seeker facilitator in the space of yoga/moon circles, group talks and shared in private conversations, Yogic philosophy and conscious conversations are neither medical nor psychological advice. These are open conversations that may relay personal experiences. You understand and agree that Spiritual Seeker is not providing medical or therapeutic advice. The conversations do not substitute for professional medical, psychological, or therapeutic treatment. Spiritual Seeker facilitators are not licensed medical professionasl, therapists, or counselors, and do not diagnose, treat, or cure any medical or mental health conditions. For any medical or mental health concerns, you agree to consult with qualified healthcare professionals.
  1. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against The Bee’s Knees Inc. DBA Spiritual Seeker Yoga Meditation and Retreats and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Spiritual Seeker, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.
  1. Media Release. You hereby grant to Spiritual Seeker, its licensees, successors and assigns, the right to use your name, voice, photograph, likeness, and identity in and in connection with the Retreat, in any advertising, exhibition, publicity, or promotional materials, in any and all editions, versions, social media outlets, and media, in perpetuity and throughout the world.
  1. Continued Your agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Spiritual Seeker, whether in person, online, or via videoconferencing tool.
  1. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by You also agree that should arbitration take place, it will be exclusive to the courts of the State of California or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

15. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of California. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of 

  1. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect.
  1. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior
  1. Online The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.

By clicking on "You Agree" - You agree that you have read this Waiver and fully understand its contents. You also agree to be bound to all of its terms.