Creatio

Adult Liability Waiver


PARTICIPANT EXPERIENCE AGREEMENT

I hereby certify that I am at least 18 years old, or the parent or legal guardian of the participant under 18.

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 cost of the Experience, including land (accommodations, food, transportation, etc.) and airfare (if applicable), 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.

All remaining Experience costs must be accounted for 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 $10 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.

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, regardless of use.

Medical / Health 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 cost of my Experience with Creatio. If it is not included I will purchase my own policy and provide proof of purchase to Creatio no later than one week prior to the Experience start date.  All policies included in an Experience only provide coverage during the advertised dates of the Experience.  If a situation arises prior to departure (e.g. the participant gets sick and must withdraw from the Experience prior to departure date), this would not not be covered and the participant is not entitled to a full refund).

Group and Participant Withdrawal Refund

If a group or participant withdraws more than 30 days prior to a program start date, they will forfeit all costs associated with flights, hotels, reservations and administration but will receive a credit for the remaining Experience cost that can be redeemed for another Creatio Experience within one year of original Experience start date.

There are no refunds or Experience credits granted for participant withdrawals less than 30 days prior to program departure.

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 withdraws prior to the Experience start date, they may be able to transfer their registration to another person. The substitute would take on the responsibilities of the original participant.

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 our control. Creatio may in their 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 their liability is limited to a refund of the recoverable cost of any unused portion of the Experience 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 the recoverable cost of any unused portion of the Experience.

 

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Creatio, their 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. 

    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 or other environmental conditions. 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 document shall remain in full force and effect. 

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. 
  2. 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. 
  3. 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.
  4. 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.
  5. 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. 
  6. 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. 
  7. 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. 
  8. Paying the requested fee amount for the trip to cover participant expenses, project materials, trip leader and trip guide expenses
  9. 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. 
  10. Participant will maintain valid medical insurance to cover injuries or accidents and agree to the terms of this liability form.
  11. 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.  

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 experience 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. 

September 20, 2020

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Signature Certificate
Document name: Adult Liability Waiver
lock iconUnique Document ID: a5f242b2ccd7c0a3d9cf18fb9ddd3d920491b607
Timestamp Audit
May 29, 2020 2:56 pm MDTAdult Liability Waiver Uploaded by Adam Henrichs - adam@creatio.org IP 2601:283:4400:7f:7412:46ad:b735:44ec