Retreat Waiver Release — Please read before.
Participation & Voluntary Consent
I voluntarily choose to participate in any activities, programs, events, services, retreats, ceremonies, spa or wellness services, lodging, rentals, volunteering, or general use of the land and facilities of Tierra Encantada – Inversiones El Jilguero LTDA, including its owners, directors, officers, employees, agents, volunteers, facilitators, and contractors ("Tierra Encantada"). Participation is optional, and I may stop at any time.
Assumption of Risk
I understand that activities at Tierra Encantada involve inherent risks, including but not limited to physical exertion, outdoor terrain, wildlife, insects, weather conditions, natural features, emotional or psychological experiences, use of structures, spa services, and remote location factors. I knowingly and voluntarily assume all such risks, whether foreseeable or unforeseeable.
Lodging & Natural Environment
I understand that Tierra Encantada is located in a natural environment and that lodging and facilities may involve uneven terrain, humidity, insects, animals, limited services, power or water interruptions, and other conditions inherent to eco-based properties.
Health & Medical Responsibility
I confirm that I am physically, mentally, and emotionally capable of participation. Tierra Encantada is not a medical facility. I understand that the nearest clinic is approximately 45 minutes away and the nearest hospital is approximately 3 hours away. In the event of injury or illness, I authorize Tierra Encantada to seek reasonable assistance on my behalf and agree that I am solely responsible for any medical expenses incurred.
Spa & Wellness Services
I understand that spa and wellness services are provided for relaxation and well-being only and do not constitute medical treatment. I voluntarily consent to touch where applicable, agree to disclose relevant health conditions, and accept responsibility for my participation.
Release of Liability
To the fullest extent permitted under Costa Rican law, I release and discharge Tierra Encantada from any and all claims, demands, or causes of action arising from my participation or presence on the property, including claims based on ordinary negligence, excluding gross negligence or intentional misconduct.
Covenant Not to Sue
I agree not to initiate or participate in any lawsuit or legal proceeding against Tierra Encantada related to my participation, except where such waiver is prohibited by law.
Indemnification
I agree to indemnify and hold harmless Tierra Encantada from any claims, damages, or expenses (including reasonable legal fees) arising from my actions, conduct, or failure to follow rules or instructions.
Rules & Conduct
I agree to follow all reasonable safety rules, guidelines, and instructions and to act respectfully toward others, the property, and the natural environment.
Legal Capacity & Understanding
I confirm that I am at least 18 years of age, have read and understood this agreement, and sign it voluntarily without coercion.
Governing Law & Jurisdiction
This agreement shall be governed by and interpreted in accordance with the laws of the Republic of Costa Rica, and any dispute shall be submitted to the competent courts of Costa Rica.
Severability
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Important
In the event of any discrepancy between the English and Spanish versions of this document, the Spanish version shall prevail for all legal purposes under the laws of the Republic of Costa Rica.
