Hosting Private/Public Shaman Retreat

​

​

Legal Disclaimer for Sacred Earth Retreats Host Agreement (California & United States).

​

Assumption of Risk and Release of Liability.

​

By signing this Agreement and becoming a Host for Sacred Earth Retreats ("Sacred Earth," "we," "us," or "our"), you acknowledge and agree to the following:

​

• Inherent Risks: You understand that participation in retreats, regardless of perceived risk level, inherently involves the possibility of accidents, injuries, illness, property damage, and other unforeseen events.

​

• Release of Liability: You, on behalf of yourself, your heirs, assigns, personal representatives, and estate, hereby release and forever discharge Sacred Earth Retreats, Red Eagle Universal Inc., Riz Mirza, and Oriah Mirza (collectively, the "Released Parties") from any and all claims, demands, liabilities, losses, or damages arising out of, or in any way connected with, your participation as a Host for a Sacred Earth Retreat. This includes, but is not limited to, any claims for personal injury, property damage, emotional distress, or wrongful death.

​

• Insurance Recommendation: The Released Parties are not responsible for providing accident or medical insurance. You are encouraged to obtain your own renters or travel insurance to protect yourself from any potential risks associated with retreat participation. This recommendation applies not only to activities with Sacred Earth Retreats but also to any similar activities you may engage in elsewhere that are similar in nature.

​

Please note:

This Agreement is governed by the laws of the State of California, United States of America.

​

Your continued participation as a Host following the signature of this Agreement constitutes your full understanding and acceptance of these terms.

 

We recommend you consult with an attorney if you have any questions regarding this Agreement.

​

For semi-private/public hosting:

You are agreeing to allow pre-screened individuals to join in our experience, as long as you abide by all the rules for Riz & Oriah to be there to properly enjoy a secure and sacred experience. Please also, know when you agree to Terms & Conditions that means we are going to be publically posting a picture of your environment you send us, whether it be your indoor room that is spacious or an outdoor area accommodating to allow potential guests to know what the space looks like. 

​

.........................................................

Essentially, these clauses are a broad disclaimer where Red Eagle Universal Inc absolves itself from various legal liabilities related to the performance and quality of their services and products. It’s a common legal protection for service providers to limit expectations and prevent potential litigation related to their offerings not meeting the business needs or expectations of the user.

​

Indemnity Obligation: You, as the client, agree to take responsibility for covering any losses ("Losses") that Red Eagle Universal Inc or its affiliates (collectively referred to as "REU Indemnitees") might face due to legal actions ("Actions") brought by third parties.

​

Scope of Indemnity:

• Customer Data: You're responsible if issues arise from the data you provide, especially if Red Eagle Universal Inc processes this data based on the agreement.

• Provided Materials: You must also cover losses related to any services or information you supply to Red Eagle Universal Inc.

• Breach of Agreement: If client (you) alleges that Red Eagle Universal Inc broken the terms of your contract with Red Eagle Universal Inc (e.g., not meeting the standards you promised), you need to handle the resulting legal consequences.

• Actions by Authorized Users: You're responsible for any actions taken by participants who you authorize verbally or in written form to represent you.

• Negligence or Misconduct: You're liable for any losses due to negligence or intentional wrongdoing or misrepresentation or libel by you, your authorized participants, or anyone acting on your behalf towards Red Eagle Universal Inc.

Defend and Hold Harmless: Not only must you cover any financial losses, but you must also defend Red Eagle Universal Inc against these claims and ensure that they do not suffer any legal fallout.

​

This provision is designed to protect Red Eagle Universal Inc from financial and legal harm caused by your actions or the actions of those associated with you or your parties.

​

Limitation of Liability.

 

Neither Party's liability for death or personal injury caused by its negligence or the negligence of its employees, agents, or subcontractors or for fraudulent misrepresentation is excluded or limited by this Agreement. Other than that as set out above, neither Party shall be liable (whether for breach of contract, negligence, or for any other reason) for any: (i) loss of profits; (ii) loss of sales; (iii) loss of revenue; (iv) loss or waste of management or staff time, or interruption to business; (v) indirect, consequential, or special loss; even if the Parties have been advised of the possibility of such losses. Red Eagle Universal Inc’s total liability under this Agreement shall not exceed the sum of Five Hundred Dollars ($500). The Parties hereby acknowledge that the mutual covenants and agreements set forth in this Agreement reflect this allocation of risk.

​

The Force Majeure Clause-In summery from earlier:

​

The "Force Majeure" clause in an agreement is about excusing a party from fulfilling their contractual obligations due to events that are beyond their control. Here’s a breakdown of what this typically includes:

1. Scope of Excuse: The clause specifically states that a party is not responsible for delays or failures in performing their duties if these issues are caused by events they cannot control. 

2. Types of Force Majeure Events:

   • Natural Causes: Includes acts of God such as fires, floods, and other natural disasters.

   • Health Crises: Covers health emergencies like pandemics and epidemics.

   • Social and Political Events: Includes wars, terrorism, riots, and actions taken by government authorities.

   • Labor Disputes: Encompasses issues like strikes, lockouts, and slowdowns that affect the workforce.

   • Infrastructure Failures: Involves failures or interruptions in essential services such as telecommunications, data transmission, or significant shortages of necessary materials, labor, equipment, or transportation.

3. Effect of the Clause: When such force majeure events occur, the affected party is temporarily relieved from fulfilling the affected obligations until the event is resolved or no longer inhibits their capabilities. This means they are legally protected from breach of contract claims for these failures or delays.

​

​

Choice of Law; Venue; Arbitration.

 

This Agreement shall be governed by the laws of the State of California without giving effect to any conflicts of laws principles. You, as the client, agree that any Action arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputed Claim(s)”) will be resolved, upon notification by you or Red Eagle Universal Inc (as applicable), exclusively and finally by binding arbitration.

 

You expressly waive the right to participate as a representative or member of any class of claimants pertaining to any Disputed Claims. The arbitration of the Action will be conducted by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes, if applicable) (“AAA Rules”). Neither you nor we will have the right to litigate arbitrated Disputed Claims in court or to have a jury trial on Disputed Claims or to engage in pre-arbitration discovery, except as provided for in the AAA Rules or by written agreement of the parties involved. The arbitration may be conducted by telephone, online, or based solely upon written submissions.

​

A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules (“Demand for Arbitration”). The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within ten (10) business days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. An award of damages, if any, must be consistent with the terms of the Limitation of Liability section of this Agreement as to the types and the amounts of damages for which a party may be held liable.

​

1. Limitation on Awards:

   • Types of Relief: The arbitrator can grant damages and other relief, but only in a manner consistent with the agreement, particularly the "Limitation of Liability" section, which may restrict the types and amounts of damages that can be awarded.

   • Declaratory and Injunctive Relief: Any declaratory or injunctive relief (orders to do or stop doing something) awarded by the arbitrator will be only for the benefit of the party seeking relief and only to the extent necessary to provide relief for the claim made by that party.​

​

This clause is designed to streamline dispute resolution, minimize litigation costs, and keep disputes private while ensuring that any proceedings are conducted fairly under predefined rules.

​​​​

​

​

Entire Agreement. This Agreement supersedes and replaces all previous versions of this agreement or any other agreement between some or all of the parties concerning the services provided by Red Eagle Universal Inc.

​

Each Party acknowledges that it has read this Agreement, and understands it, and agrees to be bound by its terms, and further agrees that this is the complete and exclusive statement of the Agreement between the parties with respect to the subject matter herein and supersedes all prior proposals, understandings and all other agreements, oral and written. This Agreement may not be modified or altered except by a written instrument duly executed by the Parties.

​

In summary of this section, as mentioned earlier: Signature/Counterparts. By completing the fields in the signature section, the client represents and warrants that they have the legal right, power, and authority to enter into this Agreement and hereby agrees to be bound by the terms contained herein. By typing the client’s name (your name) in the space provided in the fee and signature box or any documents by Docu-sign, the client acknowledges that their typewritten name acts as a handwritten signature complying with electronic signatures as described in the provisions of the U.S. E-SIGN Act (i.e., the Electronic Signatures in Global and National Commerce Act). The parties may execute this Agreement in counterparts. Each executed counterpart will be considered an original document and all executed counterparts, together, will constitute the same Agreement.