Participant Release and Waiver

Updated February 14th 2022

If you reside within a country of the European Economic Area (EEA), Brazil, Mexico, Argentina or Australia, this Participant Release and Waiver does not apply to you.
In order to participate in a Paid Event, your Creator(s) require(s) you to accept this Participant Release and Waiver, which is effective between you and your Creator(s) as of the date when you first book or participate in a Paid Event, whichever happens first. All terms not defined here have the meaning given them in the Axir Terms of Service and/or the Additional Terms for Paid Events Creators.
You represent that you are 18 years of age or older. If you are bringing a minor as a Participant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Paid Event, and have read this Participant Release and Waiver and agree to it on the minor’s behalf. If you are booking a Paid Event on behalf of other Participants, you will ensure, and you represent and warrant, that each Participant on whose behalf you book has read and agreed to this Participant Release and Waiver, which shall apply to each of them as if the reference to "you" was a reference to him/her.

Assumption of Risks

You understand and acknowledge that the Paid Event(s) you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH EVENT, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE HOST OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE EVENT, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE EVENT.

Release and Waiver

You acknowledge and agree that:
- You have reasonably assessed the risks involved in the Event(s) and have made an informed and voluntary choice to participate.
- You alone, and not your Creator(s), are responsible for determining your fitness for participating in the Event(s) and your ability to fully understand any directions or warnings presented.
- You will not participate in any Event(s) when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Event(s).
- You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Event(s). If you notice any hazard during an Event, you will stop participating in the Event immediately.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR CREATOR(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR EVENT(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.

You intend this Participant Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATORS PROVIDE THE PAID EVENT(S) “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATORS(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Indemnification

You agree that if, despite this Participant Release and Waiver, you or anyone on your behalf make a claim against the Creator(s) relating to a Paid Event, you will indemnify and hold the Creator(s) harmless from any liability, demand, loss, damage, or costs which the Creator(s) may incur as the result of such claim.

You affirm that you HAVE READ THIS PARTICIPANT RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.

Paid Event Cancellation Policy

Extenuating circumstances

Participants that are impacted by an "Event" listed below can cancel their reservation and receive a cash refund. Creators that are impacted by an "Event" listed below can cancel without adverse consequences. the term "Event" to refer to the following situations that occur after booking, are unforeseen at the time of booking, and prevent or legally prohibit completion of the reservation.

Declared emergencies and epidemics. Government declared local or national emergencies, epidemics, pandemics, and public health emergencies. This does not include diseases that are endemic or commonly associated with an area - for example, malaria in Thailand or dengue fever in Hawaii.
Military actions and other hostilities. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest.
Natural disasters. Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in that location - for example heavy rainfall or strong winds.
What is not covered. This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); cancellation or rescheduling of an event for which the reservation was made; and transportation disruptions unrelated to a covered Event like road closures, as well as flight, train, bus and ferry cancellations. If you cancel a reservation in these cases, the amount refunded will be determined by the Cancellation Policy that applies to the Paid Event.

Guest Refund Policy

Eligible Travel Issues

The following situations are "Travel Issues" that are eligible for a refund under the Paid Event Participant Refund Policy:

- The Creator fails to carry out the booked Paid Event or arrives more than 25 minutes past the stated start time, causing the Participant to abandon the Paid Event.
- The Creator makes significant changes to the Paid Event after booking.
- The Paid Event contains a safety or health hazard that would be reasonably expected to adversely affect the Participant's participation in the Paid Event.
- For Paid Events that take place online, the Creator cannot lead the Paid Event because of technical difficulties, including audio or visual issues.

If Axir determines that a Participant experienced a Travel Issue, Axir will, at its discretion, provide the Participant with a refund up to a maximum of the Total Pricing the Participant paid for the Paid Event in accordance with this Policy. The amount of any refund will depend on the nature of the Travel Issue suffered.

Minimum Quality Standards, Creator Responsibilities, and Reimbursement to Participant

As a Creator, you are responsible for ensuring that the Paid Event you list on the Axir Platform meets Axir's Paid Events Standards and Requirements and does not present a Participant with Travel Issues. Before and during the Paid Event, Creators should be available, or make a third-party available, in order to try, in good faith, to resolve any Participant issues.

If (i) Axir determines that a Participant has suffered a Travel Issue related to your Paid Event and (ii) Axir reimburses that Participant (up to their Total Price), you agree to reimburse Axir up to the amount paid by Axir within 30 days of Axir's request. You authorize Axir to collect any amounts owed to Axir by reducing your Payout.

As a Creator, you understand that the rights of Participants under this Paid Events Participant Refund Policy will supersede the Paid Event Cancellation Policy. If you dispute the Travel Issue, you may notify us via email and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you used reasonable and good faith efforts to try to remedy the Travel Issue with the Participant prior to disputing the Travel Issue claim.

General Provisions

This Paid Event Participant Refund Policy does not:

- constitute an offer to insure
- constitute insurance or an insurance contract
- take the place of insurance obtained or obtainable by the Participant.

Furthermore, the Participant has not paid any premium in respect of the Paid Event Participant Refund Policy. The benefits provided under this Paid Event Participant Refund Policy are not assignable or transferable by a Participant.

All determinations of Axir with respect to the Paid Event Participant Refund Policy shall be at Axir's discretion, and final and binding on the Participants and Creators.

Axir reserves the right to modify or terminate this Paid Event Participant Refund Policy, at any time, in its sole discretion. If Axir modifies this Paid Event Participant Refund Policy, we will post the modification on the Axir Platform (including the Axir Help Center) or provide you with notice of the modification. Axir will continue to process all claims for Travel Issues made prior to the effective date of the modification.