Crystal Prophecy Terms & Service
Participant Agreement, Waiver of Liability & Release Agreement
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.
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
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
Participant Agreement, Waiver of Liability & Release Agreement
Interpretation and Definitions
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.
You means 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.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Crystal Prophecy LLC.
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 election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Website refers to Crystal Prophecy LLC, accessible from www.crystalprophecy.life
Service refers to the Website.
Country refers to: Arizona, United States
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Personal Data is any information that relates to an identified or identifiable individual.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
TRACKING TECHNOLOGIES AND COOKIES
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing.
For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
OTHER LEGAL REQUIREMENTS
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
By email: email@example.com
© Crystal Prophecy, Kiara Kyan (Ashley C. Adams) 2020 All Rights Reserved.
Crystal Prophecy Artwork User Agreement
Participant Agreement, Waiver of Liability & Release Agreement
Image Licensing Agreement
This Image Licensing Agreement (“Agreement”) is entered into as of the date below (“Effective Date”) between The Crystal Prophecy LLC, an Arizona corporation (“Crystal Alabe Oracle”), and you (“you” or “your”), individually a “Party” and collectively the “Parties”. This Agreement governs your use of intellectual property owned or licensed by Crystal Prophecy LLC.
The Parties agree as follows:
On the Effective Date, Crystal Prophecy LLC grants you a revocable, non-exclusive, non-assignable, non-sublicensable, worldwide, and royalty free right and license to use images depicting Crystal Prophecy LLC’s products, such as The Crystal Alabe Oracle Deck and Guidebook or Crystal Alabe Oracle and Guidebook (“Depicting Image”), together with Crystal Prophecy LLC’s name for the purposes of promoting your business on your website or social media channels, provided that you adhere to the requirements below (“License”). Any use by you of a Depicting Image outside of your website or social media channels, such as magazine editorials or articles, requires Crystal Prophecy LLC’s prior written consent.
Use of the License
You may use the License only if you can form a binding contract with Crystal Prophecy LLC. If you are accepting this Agreement and using the License on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the License only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
Crystal Prophecy LLC reserves the right to update or modify this Agreement at any time by providing notice to you in any reasonable form, including email. Your continued use of the License after any such notice constitutes your agreement to follow and be bound by the Agreement as changed.
In return for the License, you shall provide credit for the Crystal Prophecy LLC with any use of a Depicting Image, including all past uses, in the following ways:
Credit on Website. Any use on your website must be accompanied by a legible credit containing the type of product by Crystal Prophecy LLC and Crystal Prophecy LLC’s name (for example, “Oracle cards by Crystal Prophecy LLC”) and a link to Crystal Prophecy LLC’s website (https://www.CrystalProphecy.live/store) in at least ten (10) point font.