Adult Liability Waiver - Domestic


CREATIO PARTICIPANT EXPERIENCE AGREEMENT

I desire to participate in a Creatio Experience and have submitted my application. I understand my application will be considered pending until it is reviewed and either approved or declined. By submitting my application, I agree to the following policies. 

Experience Payments and Deposits
If my application is accepted and I am able to participate in an Experience, I will be responsible for paying the full price of the experience, including land (accommodations, food, transportation, etc.) and airfare, if applicable (the Experience Price), by the posted deadline(s) established by Creatio. All checks should be made payable to “Creatio” and mailed to Creatio, 623 Fox St, Denver, CO 80204 or paid online via credit card or bank transfer. If you are traveling as part of a group, your group coordinator may be collecting payments from you and submitting payment to Creatio on your behalf.

Upon submission of my nonrefundable deposit an account will be established and all monies will be administered as an individual “support account” set up in my name in Creatio’s records.

Creatio will spend no money or make any reservations (airfare, lodging, etc…) on my behalf until my application has been accepted and I have submitted the Experience payment(s) by the due date(s) listed on the Creatio website.

The remainder of the Experience Price must be received by Creatio no later than the due date listed on the Creatio website or by agreement with a Creatio representative.

If my payment is late, I am subject to a late fee of $20 for every 5 business days my payment is late. These fees must be paid prior to my Experience start date or I may be ineligible to attend.

Peer-to-Peer Fundraising / Crowdfunding for Mission-related Experiences

If I am participating in a Mission Trip or Adventure Mission, my Experience may be eligible for Peer-to-Peer fundraising. If eligible, I may direct donors to donate to my support account. My account balance (fundraised amounts plus my personal payments) will be used to pay the Experience Price. If my airfare was not included in Creatio’s price and I paid for it personally, any excess of my trip deposit and funds raised over the  Experience Price  may be reimbursed to me up to the cost of my airfare.

Any contribution made to Creatio that is designated to an individual support account shall be considered a gift to Creatio. All gifts to Creatio are the sole property of Creatio and to the extent permitted by law, shall be considered as a charitable contribution for federal income tax purposes. Gifts will not be refunded or distributed to me or anyone else, regardless of use, including but not limited to cases where an Experience is cancelled or postponed.

Insurance

I will have health insurance or will purchase a policy that will cover any medical emergencies/accidents for the duration of the Creatio Experience. I will provide proof of coverage to Creatio, in the form of a carrier and policy number, or email from a medical insurance carrier with dates of coverage and a summary of what’s covered.

Travel insurance is required, and depending on the Experience, a policy in my name may be included in the Experience Price. If it is not included, I will purchase my own policy and provide proof of purchase to Creatio no later than one month prior to the Experience start date.  All policies included in an Experience only provide coverage during the advertised dates of the Experience. If my personal situation results in me canceling the trip prior to departure (e.g. I get sick and must withdraw from the Experience prior to departure date), this would not be covered by the insurance that Creatio has purchased on my behalf. 

Creatio is not an insurance company and has no responsibility for the submission, payment, or adjustment of any insurance claims. Any insurance claims that may fall under the relevant travel insurance policy must be submitted to the insurance company identified in the policy.

If a participant is concerned about recovering costs due to cancelation for any reason whatsoever, Creatio recommends participants to purchase the add-on Cancel-for-Any-Reason (CFAR) insurance at checkout when registering for the trip (international Experiences only). The cost of this add-on is $100 and allows participants of recover 75% of the trip cost up to 48hrs before the trip. More details on the CFAR policy upgrade can be found HERE. 

Group and Participant Withdrawal Refund

If I or my group representative (in cases where Creatio is organizing an Experience on behalf of a group) cancels my reservations, the cancellation charges shown below will apply. Cancellation charges are based on the number of days from the time Creatio is notified of your cancellation, to the Experience start date

Cancellation Charges (excluding airfare)
If I cancel my Experience, the cancellation penalties are as follows:

100 days or more: FULL REFUND

99 to 66 days: 25% of Experience Price excluding airfare (Domestic Experiences) or trip deposit (International Experiences)

65 to 31 days: 50% of Experience Price excluding airfare

30 days or less: 100% of Experience Price excluding airfare

Cancellation charges for postponed Experiences (excluding airfare)
If I cancel my new Experience, after a previous Experiences was postponed, the cancellation penalties are as follows:

100 days or more: 10% of Experience Price excluding airfare (Domestic Experiences) or trip deposit (International Experiences)

99 to 66 days: 25% of Experience Price excluding airfare (Domestic Experiences) or trip deposit (International Experiences)

66 to 31 days: 50% of Experience Price excluding airfare

30 days or less: 100% of Experience Price excluding airfare

Airfare:

Airfare purchased on my behalf by Creatio is subject to the airline’s cancellation and change policies. Therefore, if a cancellation results in a refund to Creatio, those funds shall be issued by Creatio back to the participant. Likewise, if a cancellation or change does not result in a refund, Creatio shall not reimburse the airfare to a participant.

Any group or participant returning from a program before the scheduled return date forfeits all Experience payments and must cover all expenses associated with an early return. If a participant has scheduled their own airfare and if the flight is delayed or if for any reason the participant is prevented from joining the program on the scheduled departure date and time, or if the participant chooses to leave the program early, Creatio will not provide a full or partial refund or credit toward a future Experience

Cancellation or Substitution by Creatio

Creatio will make reasonable efforts to keep the itinerary as it has been published; however, the final itinerary may vary due to availability and factors beyond its control. Creatio may in its sole discretion substitute services such as hotels or goods of similar quality for any service or good stated in the itinerary.

Creatio reserves the right to cancel an Experience, or to change any aspect of an Experience including dates, location, itinerary or duration either before or during a program because of weather, enrollment, health hazards or for any other reason that Creatio determines, in its discretion, is appropriate. If Creatio cancels an Experience its liability is limited to a refund of Creatio’s recoverable cost of any unused portion of the Experience Price, and Creatio will not be liable for any other costs, damages or refunds of any kind for any loss, delay, inconvenience, disappointment or expense in such circumstances. If an Experience in progress must be interrupted or canceled, Creatio’s liability shall be strictly limited to refund of Creatio’s recoverable cost of any unused portion of the Experience Price.

Special Coronavirus Conditions

Participants are required to declare prior to departure if they are exhibiting any symptoms of COVID-19, have tested positive or have been in contact with a COVID-19 patient within 14 days of departure. 

Participants will be advised of and asked to adhere to recommended hygiene procedures, such as traveling with and wearing a face mask and/or gloves when asked to do so, or limiting physical contact wherever possible. Prior to departure, participants may be asked to complete a pre-Experience questionnaire or declaration confirming they have familiarized themselves with health and safety guidelines and requirements related to their Experience.

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK 

In consideration of the services of Creatio, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "CREATIO"), I hereby agree to release, indemnify, and discharge CREATIO, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

  1. I acknowledge that my participation in guided hiking, camping, backpacking, skiing, snowshoe, snorkeling and other water based activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.


    The risks include, among other things: slipping and falling; falling objects; the hazards of walking on uneven terrain; scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, muscle soreness and bone fractures or even more severe life threatening injuries; exhaustion; exposure to temperature and weather extremes which could cause shock, hypothermia, hyperthermia (heat related illnesses), sunburn, dehydration; exposure to strong wind, cold, storms, large waves, eddies and whirlpools, and lightening; insect bites, and hazardous plant life; equipment failure; water hazards; musculoskeletal injuries including head, neck, and back; injuries to internal organs; permanent disability; the possibility of eye damage or loss of hearing; the negligence of other participants or persons who may be present; and the risk of emotional and psychological injuries or physical damage associated with this activity; hidden obstacles by snow including ice, tree stumps, and boulders, below the snow surface; loss or damage to equipment being used; being lost or separated from their guides or companions by traveling in forested areas, rugged terrain, Natural forces including steepness of slopes, snow depth, instability of snow pack or varying and difficult weather and snow conditions may cause avalanches. Communication in this mountain terrain is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available; surf, currents, and tidal conditions; exposure to poisonous and/or carnivorous marine life, undersea wrecks, natural and artificial reefs, caves, caverns, boats and their equipment, and other swimmers; travel in remote areas; entanglement in/or missing guidelines or floats, safety or anchor lines; accidental drowning; my own physical condition, and the physical exertion associated with this activity. 

    Note that if you are participating in an Experience outside of the United States: Foreign countries have their own laws and standards of acceptable conduct; food and water related illnesses; foreign political, legal, social, transportation, health, and economic conditions; different standards of design, safety, and maintenance of buildings, public places, and conveyances; local & medical facilities and providers; weather conditions; criminal activity, environmental hazards; standards of living and health standards that are not equivalent to life in the United States. 

    Furthermore, CREATIO personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, other environmental conditions. They might misjudge whether the terrain is safe for travel or where or when an avalanche may occur. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

  2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
  3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless CREATIO from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of CREATIO’s equipment or facilities, including any such claims which allege negligent acts or omissions of CREATIO.
  4. Should CREATIO or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
  5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
  6. In the event that I file a lawsuit against CREATIO, I agree to do so solely in the state of Colorado, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
  7. By signing below, you are acknowledging that an inherent risk of exposure to COVID-19 exists in any place where people are present. By attending this Creatio event, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold CREATIO, Inc. or any of their affiliates, directors, officers, employees, agents, contractors, or volunteers liable for any illness or injury. 

    By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against CREATIO on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at CREATIO. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. 

CONSENT FORM 

I am aware that this group experience will require the following: 

  1. Bearing demanding physical and environmental conditions, knowing my physical capabilities, and understanding the risks of this Experience. 
  1. Participating actively in the group sessions and exercises at night. This means that I will engage in the exercises proposed by the leader and share my thoughts and emotions, give and receive feedback to others, engage in the exercises, and be honest in my comments. Even though I will never be forced to share anything I don’t want to share, I am willing to make an effort to self-disclose, because not doing it defeats the purpose of the growth experience for me and for others. 
  1. Reflecting and using personal time responsibly. Whenever I am given time for silence, I commit to journal, meditate, and reflect on the different trip experiences.
  2. Following the instructions and schedule given by the leader and the schedule that he has established for the group members. I will participate in all the group activities unless I am not able due to sickness, emotional distress, or other grave reason.
  3. Abiding by moral and safety conduct standards established by the trip leaders, and by the rules of every Creatio Experience. The following are forbidden in every trip: independent travel apart from the group, excessive abuse of alcoholic drinks, exclusive relationships (dating) on the trip, or drug use or any violation of the host country’s laws. In case any of these rules are violated, the participant will be expelled from the trip and will have to use their own funds to leave the country. Once someone is expelled, Creatio is not responsible in any capacity for any of the economic needs of the participant. 
  4. Protecting the privacy of the members of the group: I promise not to disclose to anybody, anything I see or hear about another member’s private life. 
  5. Accepting the leader’s incapacity to guarantee the protection of members’ confidential information: The leader cannot guarantee other participants’ fidelity to their pledge of confidentiality. 
  6. Paying the requested fee amount for the trip to cover participant expenses, project materials, trip leader and trip guide expenses
  7. Accepting the terms of payment and travel responsibility. The trip price for each trip is based on a minimum number of people travelling together. If the entire trip is cancelled due to a lack of participants, participants will be refunded the full amount of what they have paid minus the liquidating charges imposed by hotels, buses, trains and airlines. Creatio reserves the right at its discretion to cancel a trip if there are too few participants, and to change or alter any part of the itinerary, accommodations and transportation without notice. The right is reserved to decline or accept or retain at any time, any person as a participant in any program, or to cancel any program. 
  8. Participant will maintain valid medical insurance to cover injuries or accidents and agree to the terms of this liability form. 

I have been fully informed about all the elements of this experience, and I agree on all of the aforementioned terms and conditions, doing so under no type of pressure or coercion whatsoever, and in full control of my intellectual and emotional faculties. 

PHOTO AND VIDEO PERMISSION

I, hereby give permission to freely use pictures from this mission trip in which I appear for use in promotion and posting on material such as brochures, posters and the website for promotional uses. I understand that these photographs may be open to public view and will be used with due discretion. If at any time I change my mind, I will contact Creatio to inform them of my decision and will allow one week for any changes to their website. 

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against CREATIO on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at CREATIO. 

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. 

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Signature Certificate
Document name: Adult Liability Waiver - Domestic
lock iconUnique Document ID: 64c80f9a5e8e12b30e74b3aec7fcf35beaef5390
Timestamp Audit
October 15, 2020 3:53 pm MSTAdult Liability Waiver - Domestic Uploaded by Jack Walsh - jack@creatio.org IP 73.229.117.237