Crystal Prophecy LLC
Terms and Conditions

PLEASE READ CAREFULLY – YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE A RESULT OF THE PROVIDER’S FAILURE TO EXERCISE REASONABLE CARE.

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In consideration of my participation in Crystal Prophecy LLC, Experience, private yoga session, and associated events and Activities (collectively referred to as “EXPERIENCE”) and the services of Crystal Prophecy LLC, its agents, owners, officers, volunteers, participants, employees, sponsors, and all other persons or entities acting in any capacity on its behalf, as well as its successor and assigns (collectively referred to as “Crystal Prophecy LLC”), I, on behalf of myself, my spouse, my partner, my children, my parents, my heirs, assigns, personal representative and estate (collectively referred to as “Participant”), hereby agree to release and discharge Crystal Prophecy LLC as follows:

Waiver of Liability and Release. Participant does hereby release and forever discharge Crystal Prophecy LLC from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to Participant’s involve- ment in an EXPERIENCE. Participant understands that this Agreement discharges Crystal Prophecy LLC from any liability or claim that the Participant may have against Crystal Prophecy LLC with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Participant’s involvement in an EXPERIENCE, whether caused by the negligence of Crystal Prophecy LLC, or otherwise. Participant also understands that Crystal Prophecy LLC does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.

Participant understands and acknowledges that the Activities in which Participant will voluntarily engage in at an EXPERIENCE bear certain known inherent Risks that contribute to the unique character of these Activities, and that Crystal Prophecy LLC cannot eliminate, alter, or control these inherent risks. These Risks include those inherent in yoga activities, hiking activities, as well as those inherent in Sonoran desert recreational activities.

Indemnification and Hold Harmless. Participant hereby agrees to indemnify and hold harmless Crystal Prophecy LLC from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in an EXPERIENCE, or use of Crystal Prophecy LLC facilities or equipment, including any such claims which allege negligent acts or omissions of Crystal Prophecy LLC.

Medical Care. Participant does hereby release and forever discharge Crystal Prophecy LLC from any liability, claims, and causes inaction that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with the Participant’s involvement in an experience.

Certification and Assumption of Risk. Participant hereby certifies that he/she/they is physically fit, has trained sufficiently for participation in the EXPERIENCE and has not been advised otherwise by a qualified medical person. Participant agrees that Crystal Prophecy LLC is not qualified to evaluate Participant or Participant’s fitness for involvement in the EXPERIENCE. Participant must determine if he/she/they is sufficiently fit to participate. Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in the EXPERIENCE, including, but not limited to all Risks. Participant agrees that his/her involvement in the EXPERIENCE is purely voluntary, and Participant elects to participate in the EXPERIENCE in spite of the Risks.

Definitions. “Activities” include, but are not limited to the following activities which may be provided and/or sponsored by Crystal Prophecy LLC: virtual or in person yoga, hiking, high altitude hiking, meditation, sound healing, vocal toning, walking, excursions, transportation in Crystal Prophecy LLC or other vehicles, training, classes, instruction, traveling to and from the EXPERIENCE, and all other activities associated with the EXPERIENCE. “Risks” include, but are not limited to those known risks inherent to the Activities specifically listed below, vehicular travel and traffic, road and trail conditions, known and un- known health conditions, allergies, sudden weather changes, rain, snow, wind, hail, lightening, high altitude or motion sickness, dehydration, heat stroke, snake bite, bee and other insect stings and/or bites, wild and domestic animals, inaccessibility to immediate medical attention, falling rocks and trees, equipment failure, driver error, Participant error, food provided, actions of other people, and acts of God.

Risks inherent in yoga activities are dangers or conditions that are an integral part of yoga activities, including but not limited to minor muscle strains, muscle sprains, bruises, abrasions, post-exercise muscle soreness, joint injuries, torn muscles, heat-related illnesses, broken bones, ACL injuries, back injuries, stroke, heart attack, paralysis, death, and injury or death caused by any of the following: equipment that breaks or otherwise fails, slips and falls, lack of nutrition or hydration, negligence on the part of Participant or other people around Participant, terrain, facilities, temperature, weather, condition, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, and teachers.

Risks inherent in Sonoran desert recreational activities are dangers or conditions that are an integral part of Sonoran desert recreational activities, including but not limited to sudden weather changes, rain, snow, wind, hail, lightning, Participant’s physical condition and physical exertion for which Participant is not prepared, hypothermia, hyperthermia, high altitude and/or motion sickness, dehydration, heat stroke, snake bite, bee stings, insect bites and/or stings, wild and domestic animals, distance and inaccessibility to immediate medical attention, travel over rough terrain, falling rocks and trees.

Cancellation and Booking Policy: Any cancellation or reschedule made outside of 30 days of a private event (yoga, hike and yoga, sound bath, etc) will receive a 100% refund. Any cancellation between 7-30 days  prior to a private experience/event will result in 50% refund. Any cancellation within 7 days there is no refund. If you booked a private yoga package or are a regularly scheduled client, reschedules are allowed but you must notify us via text, email or a phone call outside of 24 hours. If canceled within 24 hours of your regularly scheduled session, you will be charged the full amount for that session. For retreats, there are no refunds. Total amount paid can be transferred to a future retreat at Crystal Prophecy LLC's discretion. In the event of a true, unavoidable emergency, all or part of your cancellation fee may be applied to future services.

Personal Property. Participant acknowledges and agrees that he/she is responsible for his/her equipment and all personal property during the EXPERIENCE and that Crystal Prophecy LLC is not responsible in any way for such property whether it is lost, stolen or damaged.

Photographic Release. Participant does hereby grant and convey unto Crystal Prophecy LLC all right, title and interest in any and all photographic images, video or audio recordings made by Crystal Prophecy LLC during the EXPERIENCE, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes Crystal Prophecy LLC to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.

Interpretation and Governing Law. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under Arizona law. If any portion of this document shall be held as invalid it is agreed that the balance shall continue to be in full force and effect. This document shall be governed by the laws of the State of Arizona. Venue for any legal action shall be in the state or federal courts of  Arizona as applicable.
 

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions: Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Crystal Prophecy LLC. Country refers to Arizona, United StatesService refers to the Website. Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator. Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service. Website refers to Crystal Prophecy LLC, accessible from www.crystalprophecy.life You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

The United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: CrystalProphecyLLC@gmail.com
© Crystal Prophecy, Kiara Kyan (Ashley C. Adams) 2023 All Rights Reserved.