Terms and Conditions and Release of Liability and Assumption of Risks
Terms and Conditions
Release of Liability and Assumption of Risk
(“Terms and Conditions and Release of Liability”)
1. IN CONSIDERATION OF the risk of injury that exists while participating in a INSIDE-OUT JOURNEYS (hereinafter the "Activity") provided by Black Stone Ltd., Inside-Out Journeys, Randy Hencken, and their respective subsidiaries, parents, agents, and affiliates (collectively, “Activity Organizers”); and
2. IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same; and
3. BY PURCHASING A TICKET, I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," “Participant,” or "I" or "me"), agree to all of the terms and conditions set forth herein and knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY (“Release”) and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity as set forth herein; and
4. I HEREBY expressly waive, release and forever discharge the ACTIVITY ORGANIZERS, ACTIVITY STAFF, VOLUNTEERS, CONTRACTORS, THE OWNERS OF THE LAND AND/OR PROPERTIES WHERE THE ACTIVITY TAKES PLACE, THE COLORADO RETREAT CO LLC, and their respective affiliates, managers, members, employees, agents, attorneys, volunteers, heirs, representatives, predecessors, successors and assigns (collectively, "Releasees"), from any and all claims now known or hereafter known, against the Releasees arising out of or attributable to the Activity, whether arising out of the ordinary negligence of any Releasees or otherwise. I covenant not to make or bring any such claim against the Releasees, and forever release and discharge all Releasees from liability under such claims. This Release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Colorado law does not permit to be released by agreement.
5. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, DEATH, AND/OR PROPERTY DAMAGE. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NOTWITHSTANDING THE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND ASSUME ANY AND ALL RISKS, BOTH KNOWN AND UNKNOWN TO ME, ARISING FROM MY PARTICIPATION IN THIS ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
6. I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of any kind whatsoever, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, arising out or resulting from any claim of a third-party due to or arising out of my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Releasees, or my violation of applicable laws or regulations.
7. I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees.
8. In the event that I should require medical care or treatment, I authorize the Activity Organizers to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. I hereby release, forever discharge, and hold harmless Releasees from any claim based on such treatment or other medical services.
9. I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and physically capable, and I agree to abide by the decision of the Activity Organizers official or agent, regarding my approval to participate in the Activity.
10. To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of the Releasees.
11. I agree that this Release shall be governed for all purposes by law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
12. In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect, recklessness, or violation of law, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect, recklessness, or violation of law.
13. THIS RELEASE SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
14. In consideration of participating in and attending an Inside-Out Journeys (the “Activity”), I agree to comply with any and all rules, regulations, terms, and conditions of the Activity, including but not limited to the following:
14A. I certify that I am physically able to participate in the Activity and in any associated activity, and that I have not been advised otherwise by a qualified medical professional.
14B. I acknowledge and fully understand that as a Participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions, or negligence of the Releasees and/or participants in the Activity; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; and (f) condition of participants; I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time.
14C. I understand that the novel coronavirus COVID-19 was declared a pandemic by the World Health Organization and is an extremely contagious disease that can cause severe illness and death. I understand that there is a risk of exposure to COVID-19 or other communicable diseases at any public gathering like the Activity regardless of any enhanced health and safety measures and my test/vaccination status. BY PARTICIPATING IN THE ACTIVITY, I KNOWINGLY AND VOLUNTARILY ASSUME THE RISK THAT I MAY BE EXPOSED TO OR INFECTED BY COVID-19 OR ANOTHER COMMUNICABLE DISEASE OR ILLNESS, AND/OR THAT I MAY EXPOSE OR INFECT OTHERS, AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND/OR DEATH. I accept sole responsibility for any claims arising from or related to my participation in the Activity, including any exposure to COVID-19 or health and safety requirements at the Activity site, and I agree that the Release set forth in these Terms and Conditions applies to any claim relating to COVID-19 or any other communicable disease.
14D. Media Policy. By participating in the Activity, all Participants agree to the following terms, conditions, and guidelines for the use of any imagery obtained at the Activity, including still photographs and videos (hereinafter “Activity Imagery”). Cameras are welcomed at the Activity. To protect Participants’ right to privacy, freedom of expression, and creative immediacy, Participants may use Activity imagery for “Personal Use,'' defined to include: (1) sharing with friends and family; and (2) displaying on personal websites and social media accounts, provided that the posts do not promote or sell any products, services, or brands, and the website or account is not affiliated with any commercial enterprise and does not purport or appear to be an official outlet of the Activity. I UNDERSTAND AND ACCEPT THAT I MAY NOT MAKE ANY USE OF ACTIVITY IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM THE ACTIVITY ORGANIZERS, OTHER THAN PERSONAL USE (as defined above). (1) I will not publicly post any Activity Imagery that contains any nudity or partial nudity (including any imagery in which bare breasts, bare buttocks, genitals, or genital areas are visible); and (2) if the Activity Organizers notify me that any Activity Imagery must be removed from public display, for any reason whatsoever in the Activity Organizers’ sole discretion, I will promptly remove or cause to be removed those images. Any use other than Personal Use of Activity Imagery containing nudity that is presented in a sexual context and/or without the express written permission of the subjects is prohibited.
14E. I acknowledge that people are using film, video, and photographic cameras and audio recorders at the Activity, and that my image may be captured on film, video, photographs, or audio recordings that may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release the Activity Organizers from any liability due to such capturing, display, or dissemination.
14F. I understand that some participants at the Activity may engage in expressive activity and dress, which may include partial nudity or nudity and other types of expressive activity. I agree that such expressive activity and dress is not indecent or offensive to me, and that I have decided to attend the Activity with full knowledge that such expressive activity and dress may occur.
14G. I understand that the event is offering an optional “journey” or “ceremony” that could include the use of a natural plant medicine, such as a psilocybin, which is decriminalized in Colorado under SBA23-290. I UNDERSTAND THAT I AM NOT OBLIGATED TO PARTICIPATE IN THE CONSUMPTION OF ANY NATURAL MEDICINES. I UNDERSTAND THAT THE TICKET PRICE FOR THIS ACTIVITY DOES NOT INCLUDE THE PURCHASE OF ANY NATURAL MEDICINES, RATHER THE TICKET PRICE PAYS FOR ALL OF THE ASSOCIATED COSTS OF OPERATING THE ENTIRE EVENT. I understand that under Colorado law, it is legal to grow and share some natural medicines, but it is not legal to sell them. I UNDERSTAND THAT BY BUYING A TICKET TO THE EVENT, I AM NOT BUYING ANY NATURAL MEDICINES FROM THE ACTIVITY ORGANIZERS, AND THAT NO ONE ASSOCIATED WITH THE EVENT IS OBLIGATED TO PROVIDE ME WITH ANY NATURAL MEDICINES. I AGREE THAT I AM RESPONSIBLE FOR MYSELF, THAT IF I CHOOSE TO INGEST ANY NATURAL MEDICINE OR OTHER MIND ALTERING DRUG WHILE AT THIS ACTIVITY, I AM DOING SO OUT OF MY OWN VOLITION, VOLUNTARILY, AND I ACCEPT FULL RESPONSIBILITY FOR MYSELF AND THE OUTCOMES OF USING SUCH SUBSTANCES, AND THAT I WILL HOLD RELEASEES HARMLESS FOR ANY AND ALL OUTCOMES ASSOCIATED WITH MY CHOICE TO USE A NATURAL MEDICINE OR MIND ALTERING DRUG.
14H. I attest that I am at least 21 years of age, and understand that this Activity is not available for the participation of minors.
14I. I agree that the Activity is not liable for acts of God, the weather, health outbreaks, epidemics or pandemics (including worsening of the current COVID-19 pandemic), strikes, protests, or actions taken by government agencies and similar causes. I understand that tickets are non-refundable even if the Activity is terminated early or canceled, or entry conditions are modified, due to weather, acts of nature, governmental regulation, or conditions beyond the Activity Organizers’ control.
14J. Participation in the Activity may be revoked by Activity Staff for any reasonable reason. If I am ejected from the event early, I will be responsible for the expenses associated with my return to Denver.
14K. I understand that the itinerary and specific activities announced on the website may change due to weather, availability of resources, and reasons within and without the control of the Activity Organizers. Such changes will not result in a discount or refund.
14L. Refund and Cancellation Policy. ALL SALES ARE FINAL. No refunds will be issued, unless the event is canceled by the organizers for reasons other than those noted above in item i. If the event is sold out and I choose not to go, if possible, the Activity Organizers will help me exchange my registration with that of someone on a waitlist. Fees are non-refundable.
15. These Terms and Conditions and Release shall be governed by and enforced according to the laws of the State of Colorado without regard to any rules relating to conflicts of laws. I understand that any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal or state courts located in Denver, Colorado, and I submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.
17. If I am obtaining tickets for, or providing any registrations to any other person(s), I recognize that I am acting as that person’s agent in obtaining the tickets and due to this agency relationship, I agree to these Terms and Conditions and Release of Liability on behalf of any person to whom I deliver any of the tickets I obtain, and I shall notify any such person of these Terms and Conditions and Release of Liability when I deliver a ticket to them. If I have obtained a ticket from another person, I also agree to these Terms and Conditions and Release of Liability when the ticket is delivered to me.
18. I understand that these Terms and Conditions may be changed by the Activity Organizers prior to the Activity, and if so, the revised Terms and Conditions will apply to me. The most current version can be found at https://www.insideoutjourneys.life/terms-and-conditions. My use of a ticket or other entry credential for entry to the Activity signifies my binding agreement to the Terms and Conditions and Release of Liability in effect at the time of my entry to the Activity.
19. THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and Activity Organizers agree that the terms contained in these Terms and Conditions and Release of Liability are clear and unambiguous, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
20. In the event that any provision, term, condition, or phrase contained within these Terms and Conditions and Release of Liability is deemed to be invalid, or determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
21. BY PURCHASING A TICKET TO THIS ACTIVITY, I AFFIRM THAT I AM OF THE AGE OF 21 YEARS OR OLDER, AND THAT I AM FREELY AGREEING TO THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM AGREEING TO OF MY OWN FREE WILL.
I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS AND I EXPRESSLY AGREE TO WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE RELEASEES ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THIS ACTIVITY. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE RELEASEES, AND FOREVER RELEASE AND DISCHARGE ALL OTHER RELEASES FROM LIABILITY UNDER SUCH CLAIMS.