PLEASE READ CAREFULLY: This form is a legal document and affects your legal rights. It is critical that you thoroughly review it and understand it completely. By signing this document, you confirm that the information you have provided is accurate and that you have read, understood and consented to this Liability Waiver and Hold Harmless Agreement. SCOPE AND DURATION OF AGREEMENT: This Agreement applies to the entire duration of the Banff Wellness Retreat for which I am registered, from the scheduled commencement on Friday through to its conclusion on Sunday. I understand that this waiver covers my participation in all scheduled events, as well as all communal meals and my presence on the retreat premises, regardless of whether a specific activity is listed in this document. I Agree
1. Assumption of Risks: I acknowledge and assume all risks associated with my participation in the Banff Wellness Retreat and any individual Retreat Events that I have chosen to attend. I acknowledge and assume all risks associated with the use of the Banff Rocky Mountain Resort facility in its entirety, including the use of any space rented by Banff Wellness Retreat/Amanda Thomas. I assume the risk of any and all injuries that could result from my participation in the Banff Wellness Retreat and any individual Retreat Events or from my use of the Banff Rocky Mountain Resort facility, including all varying degrees of physical, mental and emotional injuries or trauma, catastrophic injuries or even death. I acknowledge that Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees are not responsible for any physical, mental or emotional injuries sustained, or illnesses or viruses contracted during travel to the Banff Wellness Retreat, during the Banff Wellness Retreat and/or within individual Retreat Events. I specifically acknowledge that participation in physical movement classes, including but not limited to yoga, pilates, and dance, involves inherent risks including but not limited to physical exertion, rapid movements, muscle strain, ligament or tendon tears, joint injuries, loss of balance, and falls. I further acknowledge risks associated with the use of equipment (e.g., mats, blocks, or therapy balls) and that such activities may aggravate pre-existing physical conditions or injuries. I specifically acknowledge that breathwork sessions involve intense, rapid, and deep breathing techniques that can result in significant physiological and emotional changes. These risks include, but are not limited to, dizziness, lightheadedness, hyperventilation, fainting or loss of consciousness, tingling in the extremities, muscle spasms (tetany), heart palpitations, and intense emotional release or psychological distress. I understand that breathwork is not recommended for individuals with certain medical conditions, including but not limited to cardiovascular disease, high blood pressure, glaucoma, detached retina, epilepsy, or severe mental health conditions, and I assume all risks associated with my participation. I Agree
2. Assumption of Risks: I acknowledge that Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees do not provide legal or medical advice and it is my responsibility to secure such advice. I acknowledge that I am responsible for consulting with my Lawyer and/or Physician before following any advice, instruction or information offered at Banff Wellness Retreat and that if I choose to follow any advice, instruction or information offered by any Banff Wellness Retreat instructor, I do so at my own risk. I acknowledge and agree that I assume all risks associated with my participation in the Banff Wellness Retreat and any individual Retreat Events that I have chosen to attend, including, but not limited to, the risk for potential physical, mental or emotional injury or trauma from participating in the Banff Wellness Retreat or following advice, instruction or information at the Banff Wellness Retreat or any time after the Banff Wellness Retreat. I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from any Banff Wellness Retreat Event. I understand that results are individual and may vary. I further confirm that I have consulted with a physician regarding my suitability for physical movement and breathwork, and that I do not suffer from any medical condition or contraindication that would make my participation unsafe. I acknowledge that it is my sole responsibility to monitor my own physical and emotional condition during all Retreat Events and to cease participation immediately if I experience any pain, severe discomfort, or distress. I Agree
3. Lost/Damaged Property or Costs Accrued: I acknowledge that Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees are not responsible for any lost or damaged property that occurs during travel to the Banff Wellness Retreat, during the Banff Wellness Retreat and/or within individual Retreat Events. I understand that Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, instructors, administration or employees are not responsible for any costs accrued from canceling Banff Wellness Retreat admission passes, hotel or travel arrangements due to personal reasons or weather/road conditions. I Agree
4. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT (PLEASE READ CAREFULLY): In addition to consideration given to Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees for my participation in the Banff Wellness Retreat and any individual Retreat Events and for using Banff Rocky Mountain Resort property, I and my heirs, next of kin, executors, administrators and assigns (collectively my “Legal Representatives”), agree: a. to waive all claims that I have or may have in the future against Banff Wellness Retreat/Amanda Thomas and/or any Banff Wellness Retreat affiliates, contractors, instructors, administration or employees.
b.to release and forever discharge Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees from all liability for all personal injury, death, property damage or other loss resulting from my participation in the Banff Wellness Retreat or any individual Retreat Events (including but not limited to yoga, pilates, dance, and breathwork) due to any cause whatsoever, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT (ALBERTA). This includes, without limitation, liability for the selection, maintenance, or adjustment of any equipment or the condition of the Banff Rocky Mountain Resort facilities.
c. to release and forever discharge Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees from all liability for all personal injury, death, property damage or other loss resulting from any infectious disease, virus, bacterium or other microorganism (whether asymptomatic or not).
d. to release and forever discharge Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees from all liability for all personal injury, death, property damage or other loss resulting from Coronavirus (COVID-19) including any mutation or variation thereof.
e. to be liable for and to hold harmless and indemnify Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees from all actions, proceedings, claims, damages, costs, demands including court costs and costs on a solicitor and client basis, and liabilities of any nature or kind arising out of or in any way connected with my participation in the Banff Wellness Retreat or any individual Retreat Event. I do, here and forever, release and discharge liability and hereby hold harmless Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees from any and all claims, lawsuits, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in the Banff Wellness Retreat and any individual Retreat Events that I have chosen to attend, without limitation, which may occur as a result of following any advice, training, information or instruction or use of the Banff Rocky Mountain Resort facilities during the Banff Wellness Retreat and/or individual Retreat Events. I Agree
5. Governing Law: I agree that this Waiver and all terms contained within are governed by the laws of the Province of Alberta. I hereby irrevocably submit to the exclusive jurisdiction of the courts of Alberta. Any litigation to enforce this Waiver must be instituted in the Province of Alberta. I acknowledge that this document is intended to be as broad and inclusive as is permitted by the laws of the Government of Alberta and if any provision (or a part of any provision) contained herein is deemed to be invalid, the balance of the provisions shall continue in full legal force and effect, notwithstanding such invalidity. I Agree
6. Confirmation: I confirm that I have thoroughly read and understood this Liability Waiver and Hold Harmless Agreement, and fully understand that it is a release of liability. I confirm that I have had sufficient time to read and understand each term in this Liability Waiver and Hold Harmless Agreement in its entirety, and I have agreed to the terms freely and voluntarily. I understand that this Waiver is binding on myself and my Legal Representatives. By signing this Liability Waiver and Hold Harmless Agreement, I am waiving any right I or my successors might have to bring legal action or assert a claim against Banff Wellness Retreat/Amanda Thomas and/or any Banff Wellness Retreat affiliates, contractors, instructors, administration or employees. I confirm that I have reached the age of majority in the Province of Alberta. I confirm that I am not relying on any oral or written representations or statements made by the Releasees regarding the safety of the Retreat Events, other than what is set forth in this written Agreement. BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY DUTY OF CARE (INCLUDING UNDER THE ALBERTA OCCUPIERS’ LIABILITY ACT). PLEASE ENSURE YOU HAVE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE PROCEEDING TO THE SIGNATURE SECTION BELOW. I Agree
Dated: July 26, 2026 |