Agreement of Acknowledgment of Inherent Risks, Assumption of Responsibility, and Consent to Participate

IMPORTANT NOTICE REGARDING LANGUAGE AND GOVERNING LAW

  • Language: This Agreement is provided in English for convenience. However, the services are rendered primarily in Mexico. The official, legally binding version of this Agreement shall be the Spanish language version provided to you. You acknowledge that you have been given the opportunity to review the Spanish version (or have it reviewed on your behalf) and that it governs your participation.
  • Governing Law: This Agreement is governed by the federal laws of Mexico and the laws of the State of Quintana Roo.

Agreement of Acknowledgment of Inherent Risks, Assumption of Responsibility, and Consent to Participate

(This is the separate, mandatory agreement referenced in the Terms of Service)

Participant Name: _________________________________________
Date (DD/MM/YYYY): _________________________________________
Retreat/Service Name & Dates: _________________________________________

This Agreement of Acknowledgment of Inherent Risks, Assumption of Responsibility, and Consent to Participate ("Agreement") is entered into by the undersigned participant ("Participant" or "I") and Compassion Retreats, including its owners, directors, officers, employees, agents, facilitators, volunteers, and affiliates (collectively, "Compassion Retreats" or the "Provider").

BACKGROUND:

  • A. Compassion Retreats offers retreats, workshops, sessions, activities, travel, accommodation, and related programs, primarily within Quintana Roo, Mexico (collectively, the "Activities").
  • B. These Activities are designed for personal growth, self-exploration, and education, and involve inherent risks, which are risks integral to the Activities or location that cannot be eliminated even with the exercise of reasonable care by the Provider.
  • C. Participation is entirely voluntary. Before participating, I must understand and accept the nature of the Activities and the inherent risks involved.
  • D. This Agreement details these inherent risks and the responsibilities I assume. It is not a release of the Provider's fundamental legal obligations under Mexican law (such as the duty not to cause harm through willful misconduct (dolo) or negligence (culpa)), but rather a confirmation of my understanding and voluntary assumption of the inherent risks associated with the Activities and my own responsibilities.
  • E. I acknowledge that under the Federal Consumer Protection Law of Mexico (LFPC), certain rights are non-waivable, and clauses seeking to release a provider from its civil liability for its own negligence are generally void (LFPC Art. 1, Art. 90-II). This Agreement respects those legal limitations.

IN CONSIDERATION for being permitted to participate in the Activities, I hereby acknowledge, understand, agree, and declare the following:

1. DESCRIPTION AND NATURE OF ACTIVITIES:

I understand the Activities offered by Compassion Retreats may include, but are not limited to:

  • a) Holistic and Introspective Practices: Guided meditation, various breathwork techniques (which can be physically and emotionally intense), yoga and conscious movement sessions, Tantra practices (involving intimacy awareness and connection), sound healing, tea ceremonies.
  • b) Mushroom Ceremonies (If Applicable): Guided introspective experiences utilizing psilocybin mushrooms, intended for personal exploration in a contained, ceremonial context.
  • c) Logistical Components: Group discussions, workshops, nature walks/hikes (potentially on uneven or challenging terrain), cultural excursions, travel to/from/between locations within Mexico (potentially using various modes of transport – ground, possibly air or water), stays at designated accommodations (which may have varying standards), consumption of local food and beverages, and periods of free time in potentially unfamiliar local environments.
  • d) Support: Pre-retreat preparation guidance and post-retreat integration support.

2. ACKNOWLEDGMENT AND VOLUNTARY ASSUMPTION OF INHERENT RISKS:

I acknowledge that participation in the Activities involves significant inherent risks, dangers, and hazards. These are risks that exist naturally within the Activities themselves or the environment where they take place (including Quintana Roo, Mexico), and cannot be fully eliminated even with reasonable safety measures implemented by Compassion Retreats. I have carefully considered these risks and voluntarily and expressly assume full responsibility for any harm, loss, damage, injury, illness, psychological distress, or death that may result solely from these inherent risks, whether known or unknown, foreseeable or unforeseeable.

These inherent risks include, but are absolutely not limited to:

  • a) Physical Risks: Bodily injury (ranging from minor scrapes, strains, or bruises to severe injuries like fractures, heatstroke, dehydration, or potentially fatal accidents); physical stress or strain from yoga, movement, hiking, or breathwork; illness or disease (including communicable diseases like COVID-19, foodborne illnesses from local cuisine, waterborne illnesses, vector-borne diseases like Dengue or Zika); allergic reactions (to food, plants, insects, materials); bites or stings from insects (mosquitoes, spiders), snakes, or other animals common to the tropical region; injuries related to terrain (uneven ground, slippery surfaces, rocks, roots, potential hazards on walks, hikes, or excursions); risks associated with bodies of water (if applicable, e.g., swimming, cenotes - drowning, currents, submerged objects); environmental hazards (intense sun exposure, high heat and humidity, adverse weather conditions like heavy rain or storms).
  • b) Emotional and Psychological Risks: The Activities are designed to facilitate introspection, which can involve experiencing intense emotions (joy, sadness, fear, anger), psychological discomfort, anxiety, or the surfacing of past traumas or difficult memories. Specific practices carry distinct psychological risks:
    1. i. Mushroom Ceremonies (If Applicable): I understand that psilocybin is a psychoactive substance that significantly alters perception, mood, and thought processes. Risks include, but are not limited to: intense and potentially challenging psychological experiences (e.g., anxiety, paranoia, disorientation, fear, difficult visions or thoughts); unpredictable effects varying by person and session; temporary impairment of judgment and coordination; potential for latent mental health conditions (e.g., psychosis, severe anxiety) to surface or worsen; physical effects (e.g., nausea, vomiting, changes in heart rate/blood pressure, dizziness). I understand facilitators are not medical or psychiatric professionals and the ceremony is not medical treatment or psychotherapy. I confirm I have honestly disclosed any relevant medical or psychological history as requested.
    2. ii. Tantra Practices (If Applicable): Engaging with intimacy, vulnerability, energy work, and connection can evoke strong emotions, challenge personal boundaries, and potentially impact relationship dynamics or trigger past experiences.
    3. iii.Intensive Breathwork/Meditation: Certain techniques can induce strong physiological responses (e.g., tingling, dizziness, muscle cramps/tetany, altered states of consciousness) and intense emotional release.
  • c) Travel Risks: Accidents related to transportation (vehicle accidents, boat incidents, etc.); travel delays or cancellations; lost, stolen, or damaged personal property (baggage, valuables); risks associated with traveling and residing in Mexico, including varying standards of infrastructure (roads, utilities), road safety practices, hygiene, potential for crime (theft, robbery, scams), political or social instability, differences in legal and healthcare systems, needing medical care in a foreign system with potential language barriers.
  • d) Accommodation Risks: Risks associated with unfamiliar accommodations, including potential structural hazards, varying safety standards (fire safety, security, sanitation), pests, or environmental factors at the lodging location.
  • e) Risks Related to Free Time: During designated free time, I am solely responsible for my own safety, choices, actions, and any activities undertaken in potentially unfamiliar environments. Risks during this time are my own responsibility.
  • f) Legal/Regulatory Risks (Ceremonies): I acknowledge that activities involving substances like psilocybin mushrooms exist in a complex and potentially ambiguous legal landscape in Mexico. While Compassion Retreats facilitates these in a contained, ceremonial context, I voluntarily assume any personal legal risks associated with my participation.
  • g) General Risks: Unforeseen events, accidents, misunderstandings, or circumstances not specifically listed.

I acknowledge it is my sole responsibility to research and stay informed about the specific nature of each planned Activity, the associated inherent risks, and any relevant travel advisories for Mexico/Quintana Roo issued by my home country's government or other authorities.

3. PARTICIPANT'S HEALTH, FITNESS, AND RESPONSIBILITIES:

I represent, warrant, and agree that:

  • a) My participation is entirely voluntary, and I am participating with full awareness and of sound mind.
  • b) I am in sufficiently good physical, mental, and emotional health to safely participate in the scheduled Activities. I do not have any medical, physical, psychological, or emotional conditions that could create an undue risk to myself or others through my participation, or that could be dangerously aggravated by the Activities (especially considering the nature of ceremonies, breathwork, physical exertion, heat, and travel).
  • c) I have been strongly advised by Compassion Retreats to consult with a qualified licensed physician AND, if applicable (especially if participating in ceremonies or having mental health history), a qualified mental health professional before participating, to confirm my suitability for all aspects of the retreat, including travel to/within Mexico and participation in all planned activities.
  • d) I acknowledge that determining my fitness for participation is my sole responsibility. If I have chosen not to consult with appropriate health professionals against this advice, I do so entirely at my own risk and assume full responsibility for any negative health consequences arising from my participation.
  • e) I agree to fully and honestly disclose to Compassion Retreats facilitators, prior to the start of the retreat, any physical, medical, dietary, or psychological conditions, limitations, allergies, or sensitivities that might affect my safe participation or require specific consideration (e.g., pregnancy, heart conditions, respiratory issues, psychological diagnoses, current medications, recent surgeries). I understand this disclosure helps facilitators foster a safer environment but does not transfer legal responsibility for my wellbeing to Compassion Retreats; that responsibility remains mine.
  • f) I understand and acknowledge that Compassion Retreats facilitators are not licensed medical doctors, psychologists, psychiatrists, therapists, or other medical professionals. The Activities, including ceremonies, breathwork, and discussions, are not intended as medical treatment, diagnosis, psychological therapy, or a substitute for professional healthcare. I will not rely on facilitators for medical advice.
  • g) I assume full and complete responsibility for my own wellbeing, choices, actions, hydration, nutrition, sun protection, insect protection, and health decisions before, during, and after the Activities. This includes managing my own physical and emotional limits, communicating any discomfort or need for assistance promptly, adhering to safety instructions given by facilitators, and acting responsibly towards myself, other participants, staff, and the environment.
  • h) I agree to follow all rules and instructions given by Compassion Retreats facilitators related to safety, conduct, schedules, and participation in the Activities, including those outlined in the Retreat Code of Conduct (Terms of Service, Section 6). I understand that Compassion Retreats reserves the right to refuse or terminate my participation if my conduct is deemed unsafe, disruptive, or detrimental to myself, the group, or the retreat environment, without refund or compensation.
  • i) I am responsible for ensuring I have adequate travel and medical insurance coverage for my trip to Mexico, including coverage for medical emergencies, evacuation, trip cancellation/interruption, and personal liability. Compassion Retreats does not provide this insurance.

4. ACKNOWLEDGMENT REGARDING LIABILITY:

I understand and acknowledge that under applicable Mexican law, particularly the Federal Consumer Protection Law (LFPC Art. 90-II), contractual clauses attempting to release a service provider from its civil liability for its own negligence are generally considered void and unenforceable. Therefore, this Agreement does not, and cannot legally, release Compassion Retreats from liability arising from its proven dolo (willful misconduct) or culpa (negligence, whether ordinary or gross) as defined under Mexican law.

However, by signing this Agreement, I reiterate my voluntary and express assumption of all inherent risks as detailed in Section 2. I understand that accidents, injuries, illnesses, and other harm can occur during the Activities due to these inherent risks, without negligence on the part of Compassion Retreats. I agree that Compassion Retreats shall not be held liable for any harm, loss, damage, injury, illness, psychological distress, or death resulting solely from these inherent risks that I have voluntarily assumed, or resulting from my own failure to adhere to instructions, my own negligence, or my undisclosed health conditions.

5. INDEMNIFICATION BY PARTICIPANT:

(This section mirrors Section 15 of the Terms of Service for consistency)

To the maximum extent permitted by law, I agree to indemnify, defend, and hold harmless Compassion Retreats (its owners, directors, officers, employees, agents, facilitators, volunteers, and affiliates) from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees) arising out of or resulting from:

  • a) My own negligent or intentional acts or omissions during my participation in the Activities;
  • b) My breach of any representations, warranties, or agreements made in this document or the Terms of Service;
  • c) Any injury, loss, or damage I cause to third parties (including other participants or property) during the Activities.

Exclusion: This indemnification obligation does not extend to claims, losses, or liabilities arising solely from the proven negligence (ordinary or gross) or dolo (willful misconduct) of Compassion Retreats.

6. GOVERNING LAW AND JURISDICTION:

This Agreement shall be governed by and construed in accordance with the federal laws of Mexico and the laws of the State of Quintana Roo. Any dispute, claim, or legal action arising from or related to this Agreement or my participation in the Activities shall be brought exclusively in the competent courts located within the State of Quintana Roo, Mexico. I expressly consent to the jurisdiction of these courts.

7. SEVERABILITY:

If any clause, term, or provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other clause, term, or provision. The remainder of the Agreement shall remain in full force and effect, potentially modified to preserve the original intent as permitted by law.

8. BINDING EFFECT:

This Agreement shall be binding upon me, my heirs, executors, administrators, assigns, legal guardians, and personal representatives.

9. PHOTOGRAPHIC/VIDEO RELEASE (Optional - Check one):

[ ] I CONSENT [ ] I DO NOT CONSENT(Please check one)
to the use by Compassion Retreats of photographs, videos, or audio recordings taken of me during the Activities (excluding highly sensitive moments during ceremonies unless specific separate consent is obtained) for promotional, informational, or archival purposes (e.g., website, social media, brochures), without compensation.

THIS IS AN IMPORTANT LEGAL DOCUMENT AFFECTING YOUR RIGHTS AND RESPONSIBILITIES.

IT CONFIRMS YOUR UNDERSTANDING AND VOLUNTARY ASSUMPTION OF SIGNIFICANT RISKS.

YOU ARE STRONGLY ADVISED TO READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY.

IF YOU DO NOT UNDERSTAND ANY PART OF THIS AGREEMENT, SEEK CLARIFICATION BEFORE SIGNING.

CONSULTING INDEPENDENT LEGAL ADVICE BEFORE SIGNING IS RECOMMENDED.

10. PARTICIPANT'S DECLARATION OF UNDERSTANDING AND VOLUNTARY CONSENT:

I declare that I have read this Agreement of Acknowledgment of Inherent Risks, Assumption of Responsibility, and Consent to Participate carefully and in its entirety (or have had it read and explained to me). I fully understand its terms and conditions, including the detailed description of inherent risks in Section 2. I understand that by signing this Agreement, I am acknowledging and voluntarily assuming significant inherent risks associated with my participation in the Activities offered by Compassion Retreats. I understand I am confirming my responsibilities regarding my health, fitness, and conduct. I sign this Agreement freely, voluntarily, and without any undue influence, coercion, duress, inducement, assurance, or guarantee being made to me by Compassion Retreats regarding the outcomes or absolute safety of the Activities. My signature below indicates my complete and unconditional agreement to the terms herein, to the greatest extent permitted by law.

SIGNATURE SECTION

Participant Printed Name: _________________________________________
Participant Signature: _________________________________________ (Must match name above)
Date Signed (DD/MM/YYYY): _________________________________________
Passport Number / Identification: _________________________________________ (Optional, but aids identification)

EMERGENCY CONTACT INFORMATION (Mandatory)

In case of emergency during the retreat, Compassion Retreats may contact:

Emergency Contact Full Name: _________________________________________
Relationship to Participant: _________________________________________
Emergency Contact Primary Phone (with country code): _________________________
Emergency Contact Email Address: _________________________________________