Terms & Policies
1. I understand that I will be participating in the classes, health programs or workshops (hereafter: “the Programs”) offered by Constance Wellness Living Switzerland incorporated in acting for itself and on own behalf of its consultants, laws of Switzerland and having its registered office at Lomattenstrasse 6, Saas Fee, CH-3906, Switzerland, (hereafter: “PEAK HEALTH”). During the Programs I will receive information and instructions about fitness and health. These Programs entail intensive physical activity and exertion by myself. I recognize that such physical activity and exertion may be difficult and strenuous and may cause or aggravate a physical injury or medical condition. I am fully aware of and accept the risks and hazards involved.
2. I understand that it is my responsibility to consult with a certified physician or doctor prior to and regarding my participation in the Programs. I herewith warrant that I have done so and received prior unconditional approval to participate in the Programs from a certified physician or doctor. I represent and warrant that I am physically well and have no medical condition or injury which would prevent my full participation in the Programs.
3. In consideration of being permitted to participate in the Programs, I agree to assume all full responsibility for any risks, conditions, injuries, or damages, known or unknown which I might incur or aggravate as a result of my participating in same.
4. In further consideration of being permitted to participate in the “Programs”, I knowingly, voluntarily, unconditionally and expressly release and waive any claim and demand I may have or acquire against PEAK HEALTH, for any injury, losses, condition or direct or indirect damages (both economic and non-economic) as well as personal damages that I may sustain as a result of entering or being on the premises or participating in the Programs. Any and all express or implied warranties (whether by law, by advertising or resulting from the Programs) regarding the Programs are expressly excluded and disclaimed by PEAK HEALTH.
5. I, my heirs or legal representatives, forever release, waive, discharge, and covenant not to sue PEAK HEALTH or the landlord of any premises at which it may operate, for any injury, condition or death, any losses, personal damages or direct or indirect damages that may arise or is caused by, or is aggravated by reason of my entering to or participation in the Programs or being on the premises.
6. I understand that it is my continuing responsibility to inform the instructor(s) during the Programs of any previous medical conditions, injuries, or surgeries, prior to my first class and at such other times as I acquire information as to the same. Please list the previous conditions, ailments, injuries and/or surgeries in the sign up form.
7. I understand that this Agreement of Release and Waiver of Liability is valid during the whole period of the Programs and is not limited to the time that I spend at the PEAK HEALTH premises. I understand that this Agreement of Release and Waiver of Liability is valid and shall also apply to claims, claims for injury, losses, direct or indirect damages, personal damages that I may suffer or assume after the period of the Programs but which are based on events originating from or took place during the period of the Programs.
8. PEAK HEALTH shall not be liable for failure of travel service suppliers, including but not limited to airlines to perform the services offered by such suppliers.
9. A deposit of 50% of the total per person cost of the booking is due along with this executed agreement. The deposit is non-refundable.
10. After payment of the initial deposit, you will receive a booking email with instructions to pay your total retreat payment, minus deposit paid. This remaining 50% balance is due within 7 days after your deposit.
11. If your second 50% payment is not received on time, you initial deposit is subject to forfeit.
12. Your second payment may be paid via bank transfer or via credit card with a 2.9% fee applied to the second payment.
13. 50% of your total booking cost will be refundable until 45 days before the start of you program, after which point the entire balance is wholly NON-REFUNDABLE. You may transfer your reservation to another individual who is not already registered for a retreat.
14. No postponements or credits are available.
15. I also understand that I have no claims against PEAK HEALTH except for monetary refund by reason of refusal to allow me to participate in the Programs.
16. This Agreement of Release and Waiver of Liability (hereafter: “the Agreement”) shall be governed and interpreted in all respects by the law of Switzerland without regard to any conflict of law provisions, and, where applicable, shall be subject to compliance with the laws, rules and regulations without regard to its conflicts of law provisions and rules. Subject to the provisions of this clause, I agree that the competent court in Switzerland shall have exclusive jurisdiction to settle any dispute which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, the Agreement or the Programs or otherwise arising in connection with the Agreement or the Programs
17. Peak Health documents each retreat with photos and videos. I hereby grant permission to PEAK HEALTH for the rights of my image, likeness without payment or any other consideration. I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse settings within an unrestricted geographic area. By signing this release I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the internet or in a public educational setting. I will not be consulted about the use of photographs or video recording for any purpose other than those listed above.