Onanyan Shobo: Waiver of Liability

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El Mundo Magico

Agreement and Liability Release Form

for Retreats in Onanyan Shobo

 

By joining a retreat facilitated by El Mundo Magico all participants  are bound by the terms and conditions of the present agreement and liability waiver form. Each journey participant is required to fill in all the relevant entries, sign and return us by POST the present form. This must be sent together with a copy of your valid PASSPORT (only the page with your details on is required).

  Privacy Note

The information you submit via our web site will be kept in the strictest confidentiality, unless otherwise required by law. We will never at any time, in any fashion, form or manner - either directly or indirectly - pass, divulge, disclose, sell or in any form communicate your data to any third party whatsoever, for financial or commercial gain of any sort. The information you provide here will be used only to the ends of the organization of your journey/retreat and to assess your suitability for the journey you have booked with us. We may only occasionally keep in touch with you by email or phone, for programmes and events we may believe to be of your interest. If you do not wish to receive such information, you may unsubscribe at any time, sending a blank email to: info@elmundomagico.org with the text 'unsubscribe' in the subject line.

 

 

Please DO NOT FORGET to include a photocopy of your valid passport

(only the page-s with your full name, signature, passport number and country of issue are required) alongside your printed agreement/waiver form. Thank you.

 

Please return - by signed for/registered POST, and NOT by fax - the completed,

printed form below to:

 

El Mundo Magico

Flat 5, 8 Queen's Road, Lexden,

Colchester CO3 3NP, Essex, England,

United Kingdom

 

Tel/Fax:  01206 710 615 (UK) -  Tel/Fax: + 44- 1206 710 615 (Abroad) -

Email: info@elmundomagico.org

 

El Mundo Magico Ltd - Registered in England, 21 September 2000, N. 4076005 -

Registered Address: Flat 5, 8 Queen's Road, Lexden, Colchester CO3 3NP, Essex, England, United Kingdom

 

 

Please fill-in online ALL PARTS of this form, then print, sign, date and SEND ALL PAGES of it:

 


 

Onanyan Shobo

Terms and Conditions, waiver of all claims, release from liability and assumption of risks

 

I   (enter name), the participant, acknowledge to have read the following terms and conditions of taking part to this retreat facilitated by El Mundo Magico Ltd to Onanyan Shobo and taking place on  (specify retreat date-s). I am also fully aware that this journey involves deep cleansing through the use of cleansing and entheogenic plants, and/or powerful consciousness altering plant-based concoctions, like "Ayahuasca", traditionally used in the Amazon Rainforest of Peru for healing, vision-quest and divination, in the controlled mainframe of a religious-shamanic use, to which El Mundo Magico itself strictly abide and exclusively and responsibly operates.  I - the participant - am clear about the meaning of this and understand that the intake of these plants may cause deep emotional as well as physical reactions, and that spiritual, emotional and physical break-throughs, may take place as part of the experience and of the healing process.

 

1.0  Programme changes, cancellations and refunds

El Mundo Magico Ltd (Registered in England, 21 September 2000, N. 4076005 - Registered Address: Flat 5, 8 Queen's Road, Lexden, Colchester CO3 3NP, Essex, England, United Kingdom) reserves the right to accept or kindly decline the application of a journey participant at any time, to make changes in the programme whenever reputed necessary for the comfort, convenience and safety to all participants, and to cancel a trip at any time. In the extremely unlikely event that a journey would be cancelled by us, El Mundo Magico and its affiliates shall have no responsibility beyond the refund of money effectively received by the journey participant.

 

1.1  Ayahuasca retreat: cancellations & refund policy
[Refunds: Up to 26 days before your arrival in Lima/Iquitos]:
In case of trip/retreat cancellation on your part, up to 26 days before your arrival in Lima - or Iquitos (if your journey is not organized by us from Lima), we will retain £ 240 GBP per retreat participant, for administrative fees, and refund the difference paid by you, after bank fees (i.e. after all bank fees we may incur to send you the refund). Should we also incur in any charges from the service providers - i.e. Hotels, Peruvian travel agencies and/or tour operators, banks, guides, interpreters, associates, and/or any other third party contracted for the organization of your trip/retreat - the retreat/journey participant will be entirely liable for the repayment of these charges which we would have incurred. These extra charges - when present - will be added to the standard cancellation fees of £ 240 GBP, and detracted from the refundable amount originally paid by the journey/trip/retreat participant.
No refunds BEGINNING FROM 25 days before the scheduled ayahuasca retreat date. For the sake of clarity, please note that the no-refund period BEGINS FROM 25 days before the scheduled retreat date and is counted both towards cancellations made by you ("the retreat participant") before your booked trip/journey/retreat date and to cancellations/abandonment/curtailing of your scheduled trip/journey/retreat whilst you ("the retreat participant") are already in Peru, and have already began your retreat in Onanyan Shobo. No refunds for unused retreat/journey time and/or other services provided by us and not used by you.

1.2 Plant diet retreat: cancellations & refund policy
[Refunds: Up to 46 days before your arrival in Lima/Iquitos]:
In case of trip/plant diet retreat cancellation on your part, up to 46 days before your arrival in Lima - or Iquitos (if your journey is not organized by us from Lima), we will retain £ 240 GBP per retreat participant, for administrative fees, and refund the difference paid by you, after bank fees (i.e. after all bank fees we may incur to send you the refund). Should we also incur in any charges from the service providers - i.e. Hotels, Peruvian travel agencies and/or tour operators, banks, guides, interpreters, associates, and/or any other organization of your trip/retreat - the retreat/journey participant will be entirely liable for the repayment of these charges which we would have incurred. These extra charges - when present - will be added to the standard cancellation fees of £ 240 GBP, and detracted from the refundable amount originally paid by the journey/trip/retreat participant. No refunds BEGINNING FROM 45 days before the scheduled plant diet retreat date. For the sake of clarity, please note that the no-refund period BEGINS FROM 45 days before the scheduled retreat date and is counted both towards cancellations made by you ("the retreat participant") before your booked trip/journey/retreat date and to cancellations/abandonment/curtailing of your scheduled trip/journey/retreat whilst you ("the retreat participant") are already in Peru, and have already began your plant diet retreat in Onanyan Shobo. No refunds for unused retreat/journey time and/or other services provided by us and not used by you.

1.3 Cancellations & schedule change
No schedule change is allowed after your travel plan has been agreed-on, prepared and confirmed by us, received by you and/or all reservations placed by us following your original indications of dates and times. Any subsequent schedule change requested by you will be treated technically as a ìcancellationî of your originally planned itinerary, and will incur into an extra penalty fee of £ 240 GBP - plus any extra amount (if applicable) charged to us by the service providers as specified above.

1.4 Exceptions
In exceptional cases, however - if we repute feasible and reasonable that your ayahuasca or plant diet retreat with us might be re-scheduled at a later time, at our sole discretion, subject to previous assessment of suitability, feasibility and availability of places, and written confirmation by us - we might consider the re-scheduling of your retreat, subject to the payment of a cancellation fee of £ 240 GBP per participant, which must be received by us, net of bank fees. Bank fees are payable by you, for all payments received by us/made by you, from abroad. Should we also incur in any charges from the service providers - i.e. Hotels, agencies, tour operators, banks, guides, interpreters, associates, and/or any other third party contracted for the organization of your trip/retreat - the retreat/journey participant will be solely liable for the repayment of these charges which we would have incurred. These extra charges - when present - will be added to the standard cancellation fees of £ 240 GBP. Please note that once you begin or trespass the 25-days no-refunds period for the ayahuasca retreat and the 45-days no-refunds period for the plant diet, the re-scheduling of your retreat, even with the payment of the cancellation fees + extra charges (if and when appropriate), is an entirely and purely facultative procedure, which we will apply at our sole discretion. Once the official deadline for refunds has expired, there will be no formal entitlement to refunds whatsoever.

1.5  Unused services
There will be no refunds made for cancelled or unused services whatsoever. It is not possible to exchange the money paid for a retreat in Onanyan Shobo with any other retreat or programme we offer.

 

2.  Transportation

By registering the participant agrees that El Mundo Magico Ltd shall not be liable for any delay, change in schedule including - but not limited to - delays, rescheduling and/or cancellations of flights whether operated by international and/or domestic airlines (for which relevant insurance cover must be arranged before the trip and relevant claim forwarded to your insurance company), loss, damage, or injury to property or persons including death, or expenses occasioned by any act or omission by any supplier providing services to any program participant. When your trip within Peru excludes all travel arrangements from/to Lima, you agree that El Mundo Magico Ltd cannot be held responsible whatsoever for any delay, cancellation, or alteration of your flight itinerary and consequent potential losses arising from airlines' change of schedules. In all cases, whether or not your retreat is organized by us and/or our agents and representatives in Peru, from your first arrival in Lima, you acknowledge that all scheduled airline flights are occasionally subject to overbooking or cancellation, and that we have no responsibility for any additional expense, omission, delay, reconfirmation or re-routing that may occur in such a circumstance. Without limitation El Mundo Magico Ltd is not liable for any direct, indirect, consequential, or incidental damage, injury, loss, accident, delay or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation any wilful or negligent act or failure to act or  breach of contract of any third party such as a airline, train, local ground or water transportation, or other which is or does supply any goods or services for the trip.

 

3.  Force majeure

You agree that El Mundo Magico Ltd shall not be liable for any loss, injury, or damage to person, property or otherwise in connection with any accommodations, transportation or other services resulting directly or indirectly from causes of force majeure, including but not limited to dangers incident to water, air or earth, fire, breakdown in machinery or equipment, acts of governments or other authorities, dejure or de facto, strikes, riots, criminal activity, thefts, pilferage, epidemics, quarantines, medical or customs regulations.

Force majeure is unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers or associates could avoid, even with the exercise of all due care, further examples of which are war or threat of war  (whether declared or not), hostilities, civil disturbances, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, adverse weather conditions, landslides, avalanches, level of water in rivers or other similar events beyond our control and defaults, delays, or cancellations of - or changes in - itinerary, routing or schedules from any cause beyond the control of El Mundo Magico Ltd. The undersigned - and any family member - understand that the Amazon Rainforest of Peru present risks and hazards of different nature and will hold harmless El Mundo Magico Ltd - and its associates, representatives, employees and directors - for any physical, mental, emotional, or other reaction, death, trauma, or ailment occurring during the trip or afterwards.

 

4.  Medical 

The undersigned must be in a physical and mental condition appropriate to the activity. He/she must acknowledge all the potential physical and mental risks involved and agree to participate at his/her own risk. The responsibility of taking accurate and timely health precautions - alongside professional medical advice on the suitability and compatibility of the participant health conditions with the Ayahuasca brew (a Monoamine Oxidase Inhibitor, officially considered in Peru as integral part of Traditional Amazonian Medicine)  - remains entirely with the undersigned who hereby acknowledges to have already consulted a professional Medical Practioner and to be given favourable response to his/her partaking to the retreat, or else, agrees to disclose any detail that may affect the compatibility of his health conditions with the intake of Ayahuasca. When the retreat facilitated by El Mundo Magico Ltd involves the optional experiential and supervised use of natural entheogenic plants, the participant agrees to be exclusively responsible for the following of these precautions. The liability for any adverse effect that may result during the ingestion of these plants - including, but not limited to, the concoction known as Ayahuasca - remains - with no exceptions - solely with the retreat participant who is and remain the sole agent liable for ascertaining the compatibility of his/her own health conditions with the use of Ayahuasca  and/or other Amazonian traditional plant medicines that may be experienced in any natural form as part of the retreat in Onanyan Shobo.

The information provided by El Mundo Magico on its website - or else, by our agents, representatives, employees or associates
(hereinafter referred to as 'releasees') by telephone, fax, email, post, or other means - is general in nature, and is offered exclusively for educational and reference purposes only. On no account it is to be taken as a substitute for professional medical advice or information. The information provided by us is therefore not meant to assess, diagnose, treat, or cure any disease. We always strongly recommend you to seek professional medical advice for recommended shots, preventive medicine and information on potential health risks/hazards for travel to Peru and to the Peruvian Amazon. Equally, we do not make any endorsement or representation of accuracy for the contents presented on our website (including associated links). Rapid advances in medical science may make at any point the information thereby provided obsolete, invalid or debatable. You therefore agree that by using and/or utilizing the information provided by us, you accept to release and hold harmless El Mundo Magico Ltd from any and all liability arising directly and/or indirectly from your use of the information contained in its web site or else, transmitted to - or used by or in connection with - you, whether by email, fax, telephone or otherwise. Your use of this information is therefore subject to the acceptance of these terms and conditions.

 

5.  Etiquette

Participants are expected to show respect at all times for the environment they are into, and to act with kindness and courtesy towards other group members and the local and native people met during a retreat and during any of the external planned activities that may be integral part of the retreat. Should the participant commit any illegal act or should his/her behaviour affect severely other group member's  enjoyment of the retreat he/she shall be dismissed from the party and shall have no entitlement to complaint or refunds and shall bear all the extra expenses of his/her return home. Equally, abusive language and/or threatening behaviour towards shamans, local people, staff, organizers and/or fellow retreat attendants will not be tolerated under any circumstance and will trigger immediate expulsion from the centre and/or the waiving of all fees paid with no entitlement to refunds whatsoever.

The participant is made well aware that the Ayahuasca concoction may induce a deep visionary status as well as no visions at all. Therefore visions cannot be guaranteed as - and constitute - an automatic outcome to all, as this depends very much from individual circumstances which are well outside of our control. The visionary effects of Ayahuasca cannot therefore be taken for granted, especially for novices, and receiving visions does not constitute a contractual obligation on the side of El Mundo Magico Ltd. The participant is clear on the meaning of this.

 

6.  Insurance

The participant understands that must have a suitable medical and travel insurance arranged before the journey begins. This insurance must cover personal accident, medical expenses, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience, and/or for the curtailing of the retreat itself due to unexpected/unknown circumstances. We recommend that the policy should include an absolute minimum cover of £ 2,000,000 GBP (or equivalent in other currencies) for medical and repatriation expenses, including - where appropriate - air ambulance repatriation. The participant commits in providing El Mundo Magico Ltd - electronically or by other means - a copy of his/her insurance policy, before the beginning of the retreat in Onanyan Shobo.

 

7.  Travel documents & Visas

The undersigned - and any family member - will also indemnify El Mundo Magico Ltd, for any loss or damage resulting from insufficient or improperly issued passports, visas or other travel documents.

 

8.  Liability release, waiver of all liabilities

THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE El Mundo Magico Ltd, its representatives, associates, directors or employees (the 'releasees') from all liability to the undersigned for any loss or damage and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise. HE/SHE FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. THE UNDERSIGNED further expressly agrees that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of England and Wales and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made and acknowledges that by signing this waiver he/she will waive certain legal rights, including the right to sue. All bookings are done under the assumption that the participant is willing to sign such an agreement. Any second thoughts and subsequent refusal to sign such an agreement will be technically treated as a cancellation of the retreat.

 

9. Restrictions on filming, recording & photos during ayahuasca ceremonies
The participant is made aware and acknowledges that filming - even with infra-red equipment - and/or audio-recording, alongside the use of a camera (with or without flash) is strictly prohibited during the performing of ayahuasca ceremonies.

 

10.  Acknowledgements, Copyright & Legal Info

The undersigned applicant/participant agrees that any photos, videos, or notes taken during the journey may be published by El Mundo Magico Ltd, and may be used by El Mundo Magico Ltd for advertisement, and hereby gives his/her consent, without consideration, unless prior written agreements are arranged. The participant further agrees to always acknowledge El Mundo Magico Ltd - including its trading name, email, telephone and website address - in any cultural/intellectual production - be it of commercial or not-for-profit nature, examples of which may be web sites, blogs, books, articles on journals/newspapers/magazines, or else, TV, Film and Video productions (including - but not limited to - CD, CD-ROMS, Tapes and DVDs) - intended for public broadcast, access and/or diffusion. Furthermore, the participant is made aware and acknowledges that the programme of the retreat, its contents, its name, and the materials and information that has been received concerning it are the copyright, intellectual and trading property of El Mundo Magico Ltd. The undersigned agrees not to use these materials for any other purpose other than sharing information about the retreat with others and to not enter into arrangements with the venue, the shamans or any other individual or organization for the purpose of arranging, organizing, participating in, or supporting competitive events or programmes - in the broadest sense of the word - being these of commercial or not-for profit nature, as well as of private and/or public nature. The undersigned acknowledges that the proper channel for all communications and arrangements is El Mundo Magico Ltd. as the representative of the venue, and agrees to direct all communications, with no exceptions, through this channel. The participant acknowledges to indemnify El Mundo Magico Ltd. from any financial loss originating or resulting from the breaking of the contractual obligations hereby set and agreed on. The relationship between the participant and El Mundo Magico Ltd shall be governed by the English law. In the unlikely event that a controversy may not be resolved amicably, you agree to submit to the exclusive jurisdiction of the English Courts. Any controversy or claim arising out of - or related to - these Terms and Conditions, or the breach thereof shall be settled in Colchester, Essex, England (United Kingdom). Notwithstanding this, the undersigned participant agrees that El Mundo Magico Ltd shall nevertheless still be allowed to apply for injunctive measures (or other equivalent type of prompt and effective legal relief) to judicial authorities in any jurisdiction, in regard to the alleged infringement.

 

 

 First Name:

 

 

 

 Middle Name-s:

 

 

 

 Family Name(s):

 

 

 

 Title (e.g. Dr, Mr, Miss, Mrs, Ms):

 

 

 

 Date and place of birth: 

 

 

 

 Nationality: 

 

 

 

 Age:

 

 

 

 Occupation:

 

 

 

 Tel:

 

 

 

 Fax:

 

 

 

 Email (work):

 

 

 

 Email (personal):

 

 

 

 Home Address:

 

 

 

 City:

 

 

 

 Postal Code/ZIP:

 

 

 

 State/Country:

 

 

 

 Are you presently on any long term medication?

 

 No:   Yes:  

 

 

 If yes, name of medication, and for what condition:

 

 

 

 Physical or Medical Limitations?:

 

 

 Allergies to insect bites/stings:

 

 

 

 Known drug allergies:

 

 

 

 Your Passport Number and Country of issue:

 

 

 

 Your Name as it appears on the Passport:

 

 

 

 

 Contact in case of emergency

 

 Name:

 

 

 

 Tel:

 

 

 

 Mobile:

 

 

 

 Fax:

 

 

 

 Email:

 

 

 

 

 I attest that all the information hereby provided is true, accurate to the best of my knowledge and submitted voluntarily. I acknowledge all the above and I am willing to accept this as part of agreeing to partake in this retreat. I fully agree to abide by these conditions as written.

 

 

 

 Signed:

 

 

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

 

 Date:

 

 

 

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

 Agreements returned incomplete of all pages including terms and conditions of
 participation, alongside a copy of your passport will not be accepted.


 

 

 

 

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