TERMS OF SERVICE
This website is operated by Courageous Journeys. Throughout the site, the terms “we”, “us” and “our” refer to Courageous Journeys. Courageous Journeys offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By accessing and using this website and any content you are acknowledging you are at least 18 years old. Any one using this website under the age of 18 is in violation of these Terms of Service.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
All credit card transactions are processed via Stripe.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
If selecting a payment plan option, you agree to make all payments and to keep your credit card information up to date.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Courageous Journeys, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Courageous Journeys and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 16130 E Cholla Dr., Fountain Hills, AZ, 85268, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - RETREAT RELEASE AND WAIVER OF LIABILITY (if applicable)
GENERAL RELEASE, ASSUMPTION OF RISKS, HOLD HARMLESS, CONSENT AND AGREEMENT TO INDEMNIFY
I (Participant) recognize and acknowledge the inherent risk in the Retreat and/or any or all other activities (planned, discretionary or unplanned) which may take place during this activity/travel, including, as applicable, but not limited to, the inherent risks of conditions of nature, forces of nature, manual and physical activity, sports, travel, lodging and transportation, whether by Courageous Journeys/Peggy Oliveira or third-party provider and whether local to the Travel Retreat or otherwise.
In consideration of the benefits of my inclusion and participation in activities at the Retreat, I, on behalf of myself, family, and spouse, if any, legal representatives, heirs, estate and assigns (all hereafter throughout this Agreement collectively called “Participant”, “I”) agree to and do hereby assume the risks (known and unknown), hold harmless, covenant never to sue, release, waive any claim against and indemnify Courageous Journeys/Peggy Oliveira and its agents, employees, owners, shareholders, directors, designees, successors and assigns (all hereafter throughout this Agreement collectively called “Courageous Journeys”, “Peggy Oliveira”, or “it”) for and from any and all claims, demands, lawsuits and/or causes of action arising from any damages, injury, loss, accident, disability, death, delay, irregularity, or expense to Participant’s person or property incurred at any time during the Retreat or associated with the activity and/or travel related to or arising from the Retreat, caused unintentionally by any negligent act of Courageous Journeys/Peggy Oliveira and/or any individual acting on its behalf and/or by any condition or forces of nature. Participant understands this means that Participant recognizes and understands the risks and that Participant releases and will not make a claim against or sue Courageous Journeys/Peggy Oliveira for any unintentional act and negligent act and that Courageous Journeys/Peggy Oliveira is protected to the full extent allowed by law in the event it causes any injury or damages to Participant by or as a result of participation in the Retreat.
Participant also agrees to indemnify, reimburse, hold harmless and release Courageous Journeys/Peggy Oliveira from and for any financial obligations or liabilities that Participant may incur or any damage or injury to the person or property of others caused by Participant while participating in the Retreat.
ACTIVITIES INVOLVING TRANSPORTATION, TRAVEL AND BEHAVIOR
Additionally, Participant understands and agrees that Courageous Journeys/Peggy Oliveira is not responsible for Participant’s independent means of transportation to or from the Retreat. Participant understands and agrees that Courageous Journeys/Peggy Oliveira is not responsible for any failure or act, including negligent, grossly negligent, reckless or intentional acts, of any common carrier, leased or hired transportation, including, but not limited to, airlines, trains, buses, cars.
Participant understands and agrees that as a condition of participation in the Retreat, she must observe appropriate standards of conduct. In case of violation of this provision, at the sole discretion of Courageous Journeys/Peggy Oliveira, Participant agrees that Courageous Journeys/Peggy Oliveira may exclude Participant from all or part of the Retreat without further obligation or liability of Courageous Journeys/Peggy Oliveira. Participant assumes the risk, holds harmless, covenants not to sue, releases and indemnifies Courageous Journeys/Peggy Oliveira from any liability for such decisions and/or actions.
Participant agrees to indemnify Courageous Journeys/Peggy Oliveira and pay its reasonable attorneys’ fees and costs for any claim or legal action Participant makes in violation of this Terms and Conditions Agreement and General Release.
Eligibility and Age Requirements: All Participants must be at least 18 years of age at the time of registration.
Cancellation by Courageous Journeys/Peggy Oliveira: Although unlikely, Courageous Journeys/Peggy Oliveira reserves the right to cancel the Retreat due to low enrollment or if, for any reason, it determines the conduct of the Retreat is no longer viable. Should Courageous Journeys/Peggy Oliveira cancel the Retreat, Courageous Journeys/Peggy Oliveira will refund all monies received. In the event this happens, Participant agrees that she is entitled to only and will accept only the refund of all monies received by Courageous Journeys/Peggy Oliveira as Participant’s sole remedy and entire compensation in relation to the Retreat, and Courageous Journeys/Peggy Oliveira shall have no other obligation, duty or liability to Participant for any loss, injury, refund or other claim whatsoever.
Cancellation by Participant: Refunds will be made only if another Participant commits in writing to fill your space, is accepted into Retreat by Courageous Journeys/Peggy Oliveira, and pays in full a minimum of 30 days prior to Retreat. Otherwise, no refund by Courageous Journeys/Peggy Oliveira to Participant will be made or due. This refund commitment by Courageous Journeys/Peggy Oliveira is based on the requirements of non-refundable prepayment of services to the retreat accommodations and administrative efforts to reserve your space. All funds regarding the retreat are due in full a minimum of 28 days prior to start of Retreat.
Expenses if Participant leaves the Retreat early. If for any reason Participant decides to leave the Retreat early, Participant agrees that she will be not be entitled to any refund from Courageous Journeys/Peggy Oliveira for the remainder of the Retreat and that it is Participant’s sole responsibility, not that of Courageous Journeys/Peggy Oliveira, to make her own arrangements needed to return to her home destination at Participant’s own expense and Courageous Journeys/Peggy Oliveira shall have no further obligation, duty or liability to Participant for any loss, injury, refund or other claim whatsoever.
Right to Decline Acceptance or Exclude from Retreat: Courageous Journeys/Peggy Oliveira reserves the right, in it’s absolute and sole discretion, to decline to accept a Registration from or to exclude from further participation any Participant it judges to be incapable of meeting the rigors and requirements of participating in the activities, or any person whose actions and or behavior may impede trip operation or potentially impede the rights, general welfare or enjoyment of other retreat members. Courageous Journeys/Peggy Oliveira shall owe no refund to any Participant it excludes from the Retreat at any time during the course of the Retreat and Courageous Journeys/Peggy Oliveira shall have no other obligation, duty or liability to Participant for any loss, injury or other claim. Further, it will be Participant’s sole responsibility, not that of Courageous Journeys/Peggy Oliveira, to arrange to return home at Participant’s own expense.
Trip Cancellation Insurance: We strongly advise Participant to purchase effective trip cancellation insurance at her own expense. Be sure to ask your insurance advisor to fully
explain the terms and conditions of any such coverage.
Participant understands and agrees that it is her obligation and responsibility to timely ensure that Participant has a valid passport for entry into the United States, which must have at least 6 months validity as at the date of entering the United States.
Courageous Journeys/Peggy Oliveira occasionally may find it necessary to make changes in its stated itinerary. The Retreat makes every effort to keep such changes to a minimum.
Participant acknowledges that she has voluntarily applied to participate in the Retreat and that all choices of activities are her own voluntary choice.
Medical advice: Courageous Journeys/Peggy Oliveira does not provide, has no duty to provide and does not purport to provide any counseling, psychological, psychiatric or medical advice or treatment in respect to any medical or health related matter. No such services are provided as part of the Retreat.
Health Insurance: Participant understands and agrees it is her responsibility and obligation to check with her health insurers to confirm that she will be covered by appropriate medical insurance for all travel to and during the Retreat as well as for full participation in the Retreat. By accepting these Terms and Conditions, Participant confirms that she is in good health and has arranged (or will arrange) for appropriate health insurance and has been determined fully capable of participating in the Retreat.
Emergency Medical Situations: Participant recognizes that as a result of participation in the Retreat, medical treatment on an emergency basis may be necessary. Participant further recognizes that Courageous Journeys/Peggy Oliveira may be unable to obtain consent to assist, as practicable, in obtaining emergency medical care at the time of the emergency. Accordingly, Participant hereby consents in advance to such emergency care, including hospital care, as may be deemed necessary under the then existing circumstance. Additionally, should Participant sustain or incur any accident or illness while involved in the Retreat, she grants to Courageous Journeys/Peggy Oliveira the full authority, at Participant’s expense, to take whatever action Courageous Journeys/Peggy Oliveira believes is warranted under the circumstances. Courageous Journeys/Peggy Oliveira at it’s discretion may place Participant, at her expense, in a hospital at any point for emergency medical services. In the event that Participant is physically or mentally unable to consent in an emergency medical situation, Participant hereby specifically authorizes Courageous Journeys/Peggy Oliveira to act on her behalf to execute any and all documents, including any necessary liability waivers or releases, which might be required by any medical facility to admit and/or perform any emergency care for Participant. Participant grants permission for any and all treatment (including medical or surgical treatment recommended by a medical doctor) deemed necessary for a condition arising during participation in the Retreat. Participant further assumes the risks, waives any claims against, holds harmless, covenants not to sue, releases and indemnifies Courageous Journeys/Peggy Oliveira from any liability for such emergency decisions or actions which may be taken on Participant’s behalf, including unintentional harm or injuries compounded, caused or increased by negligent acts, rescue operations or procedures to Participant by Courageous Journeys/Peggy Oliveira. Participant further specifically acknowledges that Courageous Journeys/Peggy Oliveira has no duty to render emergency aid or assistance as set forth above, and this Agreement confers no duty of Courageous Journeys/Peggy Oliveira to Participant to undertake the emergency actions so authorized. Should Courageous Journeys/Peggy Oliveira undertake emergency actions, Participant agrees Courageous Journeys/Peggy Oliveira should be protected from liability to the fullest extent allowed by law.
THIRD PARTY SERVICE PROVIDERS and MATTERS BEYOND COURAGEOUS JOURNEYS/PEGGY OLIVEIRA CONTROL
No liability for third party suppliers not affiliated with Courageous Journeys/Peggy Oliveira: Courageous Journeys/Peggy Oliveira gives notice that services provided in connection with it’s Retreat itineraries, including transportation, retreat accommodation, restaurants and other services, while Participant is attending the Retreat, are purchased from various independent suppliers/contractors who are not affiliated with Courageous Journeys/Peggy Oliveira in any way. Although Courageous Journeys/Peggy Oliveira endeavors to choose among the best suppliers available, Courageous Journeys/Peggy Oliveira has no right or duty to control their operations and therefore makes these travel arrangements upon the express condition that Courageous Journeys/Peggy Oliveira, shall not be liable for in any manner whatsoever and for any reason for any damage or injury to person or property caused through the conduct or default of any contractor, company or individual engaged in providing these services. Similarly, Courageous Journeys/Peggy Oliveira gives notice that it is not affiliated with or liable for the acts of any emergency medical service, doctor, paramedic, nurse, hospital, health care provider or emergency transportation should emergency medical services become necessary. Each of these passenger conveyance companies, hotels, restaurants, transportation providers, medical services, hospitals, doctors, paramedics, nurses, health care providers, emergency transport providers, etc., is independent of Courageous Journeys/Peggy Oliveira and Courageous Journeys/Peggy Oliveira shall not be liable in any manner whatsoever or for any reason for any damage or injury to person or property thereby.
No liability for matters beyond the Retreat or Courageous Journeys/Peggy Oliveira’s control. Participant agrees that Courageous Journeys/Peggy Oliveira shall not be liable for: (a) expenses such as additional hotel nights and meals not specified in the Participant’s trip itineraries which may be required either en route, prior to, or following a trip, when caused by individual Participant’s travel arrangements, by airline/transportation scheduling or airline/transportation schedule changes, canceled or missed flight/transportation or flight/transportation connections or by other factors not under Courageous Journeys/Peggy Oliveira’s control; (b) expenses incurred in recovering luggage lost by airlines or other transportation or lodging, belongings left behind on a trip, or in shipping purchases or other goods home from abroad; (c) damage or injury to person or property for any reason, including but not limited to acts of God, weather, quarantines, strikes, civil disturbance, theft, default, detention, annoyance, changes in government regulations, terrorism, war, or failure of conveyance to arrive or depart as scheduled, etc., over which Courageous Journeys/Peggy Oliveira has no control; (d) expenses for emergency medical services and/or emergency transport and/or injury or damages sustained thereby.
VOLUNTARY ASSUMPTION OF RISK FOR ANY WATER AND PHYSICAL ACTIVITY
Although not part of the Retreat activities specifically, opportunities for swimming, hot tub, short hikes or other physical activity may present during the Retreat. If these activities occur, participation will be entirely optional. In the event any of these activities do occur and I participate, Participant understands that participation in any swim, hike or other physical activity, indoor or outdoor, may carry with it certain inherent risks (known or unknown) which cannot be eliminated regardless of the care taken by Participant, Courageous Journeys/Peggy Oliveira or others to avoid injuries, including serious injury (including disability or death). Should I choose to voluntarily participate, I do so with full knowledge that a swim, hike or physical activity may be hazardous and/or cause serious injury/damage to my property and myself. I voluntarily assume full responsibility for any risk of loss, property damage or personal injury, including serious injury, disability or death, which may be sustained by me as a result of my participation. I separately warrant that I have obtained appropriate travel insurance, with appropriate medical coverage, for such additional activities.
RELEASE, WAIVER AND INDEMNITY – WATER AND PHYSICAL ACTIVITY
I understand that any swimming, hot tub, walks, hiking excursions and physical activity (“activity”) are (or may be) physically strenuous and include risks and dangers, known and unknown, and the necessity to be alert and aware of my surroundings. Participant agrees she knows of no medical reason why she should not participate in such physically/mentally strenuous indoor or outdoor activity. Participant not only fully assumes the risks, but hereby also releases, waives, holds harmless, covenants not to sue, discharges and agrees to indemnify Courageous Journeys/Peggy Oliveira, from all actions, claims, injuries, demands, liabilities, rights, causes, and actions of any kind or nature, which may result from or occur during my participation in activity whether unintentionally caused by the negligence of Courageous Journeys/Peggy Oliveira or otherwise. I also agree to indemnify and hold harmless Courageous Journeys/Peggy Oliveira for any loss, liability, damage or costs, including court costs and attorney’s fees, which may occur as a result of my own negligent or intentional act or omission while participating in any water activities, hiking excursions or other physical activity, indoors or outdoors.
GOVERNING LAW AND JURISDICTION
Arizona Law and Courts. This Agreement (comprising the Registration Form and the Terms and Conditions Agreement, Including Limitations of Liability, Release and Waiver of Liability, Assumption of Risk and Indemnity) shall be interpreted in accordance with the laws of Arizona, without giving effect to provisions as to conflicts of laws. Any disputes relating in any way to this Agreement will be resolved in the state or federal court located in (or if none is located in, then the nearest to) Scottsdale, Arizona, which court will have exclusive jurisdiction and venue over such dispute.
SEVERABILITY, INTERPRETATION AND CONSTRUCTION
Should any clause, sentence, provision, paragraph or part of this Agreement for any reason whatsoever, be adjudged by any court of competent jurisdiction, or be held by any other competent government authority having jurisdiction, to be invalid, unenforceable, or illegal, such judgment or holding shall not affect, impair or invalidate the remainder of this Agreement, but shall be confined in its operation to the clause, sentence, provision, paragraph or part of this Agreement directly involved, and the remainder of this Agreement shall remain in full force and effect. Should any provision be adjudged as overly broad, the Participant and Courageous Journeys/Peggy Oliveira agree to interpret the provision to provide the broadest protections for Courageous Journeys/Peggy Oliveira as allowed by law. The Participant and Courageous Journeys/Peggy Oliveira agree that every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning and not strictly for or against either party to this Agreement.
KNOWING AND VOLUNTARY EXECUTION
I have carefully read the Registration Form and these Terms and Conditions and fully understand their contents. I am also aware that these documents contain releases and waivers of liability, agreement to hold harmless and covenants not to sue (hold harmless), limitations of liability, and assumption of risks and promises to indemnify. I voluntarily and knowingly agree that in accepting this Agreement I have given up substantial rights. I understand this Agreement constitutes a contract between myself and Courageous Journeys/Peggy Oliveira, and I accept it of my own free will.
SECTION 21 - INTELLECTUAL PROPERTY RIGHTS
The names Courageous Journeys® and The Survivor Whisperer® and it's content are solely owned by Peggy Oliveira and is protected by copyright, trademark, and other intellectual property laws.
When you purchase or access any of the content; website design, copy, or product/offer created by Peggy Oliveira or Courageous Journeys you agree that:
You will not copy or duplicate our content. You must obtain explicit written permission to use or share any content obtained through the website, products, or services.
SECTION 22 - REFUND/RETURN POLICY
There are no refunds or returns for any product, program, or payments made.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]