Type of Retreat: Health & Wellness Retreat Location: Yelapa, Mexico Organizers: Krystal Conniry (“The Organizer") Contact Number: (503) 757-7439 (Krystal) I hereby agree that by signing this document, I consent to waive certain legal rights, including the right to sue Krystal Conniry, Beverly Taylor, associated Co-Hosts, and/or Casa Isabel (hereinafter referred to as the “Organizers”) named above, and, if applicable, its employees, owners, officers, directors, representatives, agents, volunteers and facilitators from any physical, material, tangible or intangible, loss or damages that may happen to me during my participation in this Yelapa Wellness Retreat (hereinafter referred to as the “Activity”). I will be voluntarily participating in the Activity that will be conducted by the Organizers. The following is the identifying and contact information for me, the Guest ("Guest"): Guest Legal This Yelapa Wellness Retreat Waiver (hereinafter referred to as the “Retreat Waiver”) will bind and be enforceable against me and all of my personal representatives. I agree that this Retreat Waiver should be enforceable to the fullest extent of the law, and if any portion is held invalid, the remainder should continue in full legal force and effect. I specifically acknowledge and agree that this document is not intended to be a general release, which would be limited under some state and local laws. This Retreat Waiver shall be construed and interpreted as broadly as possible in the applicable jurisdiction. ASSUMPTION OF RISK In consideration of the risk of injury while participating in the Activity, and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge the Organizers and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. These risks may lead to tangible and/or intangible harm, and I agree that they may result not only from my own actions, but also from the actions of others. I am aware of the risks associated with traveling to and from, as well as participating in the Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during this Activity. I know and understand the scope, nature, and extent of the risks involved in the Activity. The Activity may take place with other participants in natural, outdoor settings, including mountains, jungle, water, and risks include but are not limited to wildlife encounters, allergy, falling trees and limbs, marked and unmarked obstacles, slick or uneven walking surfaces, surfaces covered with water, ice or snow, rugged mountainous terrain, sunburn, injury through acts of other participants, collisions with vehicles or equipment malfunction. The Activity may require physical exertion, which may be strenuous and could, in some circumstances, result in injury, including, but not limited to, abnormal blood pressure, fainting, heat stroke, sickness, contraction of transmissible disease, dehydration, fatigue, dizziness, rapid pulse or other physical impairment or injury. If I experience any physical pain or discomfort, I agree to immediately discontinue the Activity and seek help. I voluntarily, freely and expressly choose to incur all risks associated with any Activity, understanding that these risks may include personal injury, damage to property, and/or death. MEDICAL EMERGENCY If any emergency or other incident occurs which, in the sole judgement of the Organizers or medical personnel, requires medical treatment or care, I hereby consent to such treatment. I understand and agree that any and all medical treatment rendered to me by, or at the request of, the Organizers, is not an admission of obligation to provide, or continue to provide, any such medical treatment and also is not a waiver of the Organizers of any right under this agreement. INDEMNIFICATION I agree to indemnify and hold harmless against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If incurs any of these types of expenses, I agree to reimbursement. I acknowledge that the Organizers and their directors, offices, volunteers, partners, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of the Organizers. COVENANT NOT TO SUE I will not start any lawsuit or other court action against the Organizers, nor will I join any such proceeding, including any claim for money damages. I acknowledge and agree that I am entering a covenant not to sue the Organizers in any capacity, including to hold the Organizers liable for any injury, loss, or damage sustained by me or my property, even if it is due to the Organizers’ negligence or omission. I also waive the right of any of my insurers' to make any such claim. MEDIA RELEASE I authorize the Organizers to use and publish (with or without your name, company name, or with a fictitious name) any audiovisual recordings, photographs, pictures, portraits, or images of you in any and all forms and media for the purpose of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form, or on Internet websites), or for any other lawful uses as may be determined by the Organizers. You waive any and all right to review or approve any uses of your name, likeness, images, written copy, or finished product. REPRESENTATION: I am over 18 (eighteen) years of age, and am emotionally, medically, and physically able to participate in the Retreat. GOVERNING LAW: This Retreat Waiver shall be governed by and construed in accordance with the internal laws of Jalisco 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 the following county in any legal suit, action, or proceeding arising out of or based upon this Retreat Waiver: Jalisco, Mexico I have read the above Retreat Waiver fully and I understand and agree to its contents. I understand and agree that by signing this Retreat Waiver I forfeit any right, claim, or ability to hold the Organizers responsible for any tangible or intangible damages, loss of property, or loss of life that may occur during or after my use of the facilities and participation in the Retreat. Today's Date: September 8, 2024 |