RETREAT WAIVER, RELEASE, AND ASSUMPTION OF RISK AGREEMENT
Name of Retreat: ________ (the "Retreat")
Type of Retreat: ________
Retreat Activities:
________
Location of Retreat:
________
Retreat Dates: From ________ to ________
Organizer Name: ________ (the "Organizer")
Organizer Address:
________
Organizer Contact Number: ________
Organizer Email: ________
Associated Business Name: ________
Associated Business Address:
________
Associated Business Contact Number: ________
This Retreat Waiver, Release, and Assumption of Risk Agreement (this "Agreement") is entered into and made effective as of ________ by and between the Organizer named above and the undersigned guest (the "Guest"). The Organizer and its affiliated business, and each of their respective parent, subsidiary, and affiliated entities, and each of their respective employees, owners, officers, directors, managers, members, representatives, agents, independent contractors, volunteers, instructors, and facilitators are collectively referred to as the "Released Parties."
I, ________ (the "Guest"), acknowledge that by signing this Agreement I voluntarily and knowingly relinquish certain legal rights, including the right to bring suit against the Released Parties, in exchange for, and as a condition of, being permitted to participate in the Retreat. I confirm that I have read this Agreement carefully and understand that it is a legally binding contract.
I will be voluntarily participating in the Retreat conducted by the Organizer. The Retreat may include, but is not limited to, the "Retreat Activities" described above.
The following is my identifying and contact information as the Guest:
Guest Legal Name: ________
Guest Address:
________
Guest Phone Number: ________
Guest Email: ________
Guest Date of Birth: ________
Emergency Contact Name: ________
Emergency Contact Phone Number: ________
§ 1. ACKNOWLEDGMENT AND VOLUNTARY PARTICIPATION. I expressly acknowledge that my participation in the Retreat and the Retreat Activities is entirely voluntary. I am participating of my own free will and volition and not as a result of any coercion, duress, or undue influence.
§ 2. ASSUMPTION OF RISK. I understand and am aware that participation in the Retreat and the Retreat Activities involves inherent and other risks, including, without limitation, the risk of bodily injury, illness, emotional or psychological distress, permanent disability, death, and damage to or loss of property. I understand that these risks may arise from my own actions or inactions, the actions or inactions of others, the condition of the premises or equipment, the negligence of the Released Parties, or from forces of nature and other causes that may not be reasonably foreseeable. With full knowledge and understanding of these risks, I knowingly, freely, and voluntarily assume all such risks, both known and unknown, and accept full responsibility for any injury, loss, or damage that I may sustain.
§ 3. WAIVER AND RELEASE OF LIABILITY. In consideration of being permitted to participate in the Retreat, I, on behalf of myself and my heirs, executors, administrators, personal representatives, assigns, and next of kin, hereby WAIVE, RELEASE, DISCHARGE, and COVENANT NOT TO SUE the Released Parties from and against any and all liability, claims, demands, actions, causes of action, costs, and expenses of any nature whatsoever, whether known or unknown, arising out of or related to any loss, damage, injury, illness, or death that may be sustained by me, or to any property belonging to me, whether caused by the ordinary negligence of any of the Released Parties or otherwise, while participating in the Retreat or while in, on, or about the premises where the Retreat is conducted or accessed. I understand and agree that this release does not extend to, and I do not waive, claims arising from the gross negligence, recklessness, or willful, wanton, or intentional misconduct of the Released Parties, nor any liability that may not be released or waived as a matter of applicable law.
§ 4. INDEMNIFICATION. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees and court costs, which arise out of, result from, or relate to my participation in the Retreat or my acts or omissions, except to the extent such claims arise from the gross negligence or willful misconduct of the Released Parties. I agree that the Released Parties shall be entitled to select their own legal counsel and may participate in their own defense if they so desire.
§ 5. MEDICAL TREATMENT AND FITNESS TO PARTICIPATE. I represent and warrant that I am emotionally, medically, and physically able to participate in the Retreat and the Retreat Activities, and that I am not aware of any medical condition that would impair my safe participation. I authorize the Organizer and its representatives to arrange for or administer emergency medical treatment if necessary, and I agree to be solely responsible for all costs associated with such treatment. The Organizer is not obligated to provide medical care and makes no representation regarding the availability or adequacy of medical services.
§ 6. REPRESENTATIONS. I represent and warrant that I am at least eighteen (18) years of age and of full legal capacity to enter into this Agreement. I have read and understand all rules, instructions, and safety guidelines applicable to the Retreat and agree to comply with them at all times.
§ 7. PHOTOGRAPHIC AND MEDIA RELEASE. I grant the Organizer the irrevocable right and permission to photograph, film, or record me during the Retreat and to use such images, recordings, or my likeness for promotional, educational, or commercial purposes without compensation, unless I have notified the Organizer in writing of my objection prior to the Retreat.
§ 8. BINDING EFFECT. This Agreement shall bind and be enforceable against me and my heirs, executors, administrators, personal representatives, successors, and assigns, and shall inure to the benefit of the Released Parties.
§ 9. SEVERABILITY. I agree that this Agreement is intended to be as broad and inclusive as permitted by the law of the applicable jurisdiction. If any provision or portion of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full legal force and effect.
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§ 11. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the internal laws of the State of ________, without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in ________ County, State of ________, for any legal suit, action, or proceeding arising out of or relating to this Agreement.
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GUEST
________________________________________
Guest Signature
Guest Printed Name: ________
Date: ________
ORGANIZER
________________________________________
Organizer Signature
Organizer Printed Name: ________
Title: ________
Date: ________