2024 Liability Waiver and Hold Harmless Agreement

This form is a legal document and affects your legal rights. It is critical that you thoroughly review it and understand it completely. By signing this document, you confirm that the information you have provided is accurate and that you have read, understood and consented to this Liability Waiver and Hold Harmless Agreement.

1. Assumption of Risks: I acknowledge and assume all risks associated with my participation in the Banff Wellness Retreat and any individual Retreat Events that I have chosen to attend. I acknowledge and assume all risks associated with the use of the Banff Rocky Mountain Resort facility in its entirety, including the use of any space rented by Banff Wellness Retreat/Amanda Thomas. I assume the risk of any and all injuries that could result from my participation in the Banff Wellness Retreat and any individual Retreat Events or from my use of the Banff Rocky Mountain Resort facility, including all varying degrees of physical, mental and emotional injuries or trauma, catastrophic injuries or even death. I acknowledge that Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees are not responsible for any physical, mental or emotional injuries sustained, or illnesses or viruses contracted during travel to the Banff Wellness Retreat, during the Banff Wellness Retreat and/or within individual Retreat Events.

I Agree

2. Assumption of Risks: I acknowledge that Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees do not provide legal or medical advice and it is my responsibility to secure such advisement. I acknowledge that I am responsible for consulting with my Lawyer and/or Physician before following any advice, instruction or information offered at Banff Wellness Retreat and that if I choose to follow any advice, instruction or information offered by any Banff Wellness Retreat instructor, I do so at my own risk. I acknowledge and agree that I assume all risks associated with my participation in the Banff Wellness Retreat and any individual Retreat Events that I have chosen to attend, including, but not limited to, the risk for potential physical, mental or emotional injury or trauma from participating in the Banff Wellness Retreat or following advice, instruction or information at the Banff Wellness Retreat or any time after the Banff Wellness Retreat. I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from any Banff Wellness Retreat Event. I understand that results are individual and may vary.

I Agree

3. Lost/Damaged Property or Costs Accrued: I acknowledge that Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees are not responsible for any lost or damaged property that occurs during travel to the Banff Wellness Retreat, during the Banff Wellness Retreat and/or within individual Retreat Events. I understand that Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, instructors, administration or employees are not responsible for any costs accrued from canceling Banff Wellness Retreat admission passes, hotel or travel arrangements due to personal reasons or weather/road conditions.

I Agree

4. Waiver of Claims and Release: In addition to consideration given to Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees for my participation in the Banff Wellness Retreat and any individual Retreat Events and for using Banff Rocky Mountain Resort property, I and my heirs, next of kin, executors, administrators and assigns (collectively my “Legal Representatives”), agree:

a. to waive all claims that I have or may have in the future against Banff Wellness Retreat/Amanda Thomas and/or any Banff Wellness Retreat affiliates, contractors, instructors, administration or employees.

b. to release and forever discharge Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees from all liability for all personal injury, death, property damage or other loss resulting from my participation in the Banff Wellness Retreat or any individual Retreat Events due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances) either passive or active, breach of any duty imposed by law, breach of contract or mistake or error of judgment of Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees.

c. to release and forever discharge Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees from all liability for all personal injury, death, property damage or other loss resulting from any infectious disease, virus, bacterium or other microorganism (whether asymptomatic or not).

d. to release and forever discharge Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees from all liability for all personal injury, death, property damage or other loss resulting from Coronavirus (COVID-19) including any mutation or variation thereof.

e. to be liable for and to hold harmless and indemnify Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees from all actions, proceedings, claims, damages, costs, demands including court costs and costs on a solicitor and client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in the Banff Wellness Retreat or any individual Retreat Event.

I do, here and forever, release and discharge liability and hereby hold harmless Banff Wellness Retreat/Amanda Thomas and all Banff Wellness Retreat affiliates, contractors, instructors, administration or employees from any and all claims, lawsuits, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in the Banff Wellness Retreat and any individual Retreat Events that I have chosen to attend, without limitation, which may occur as a result of following any advice, training, information or instruction or use of the Banff Rocky Mountain Resort facilities during the Banff Wellness Retreat and/or individual Retreat Events.

I Agree

5. Governing Law: I agree that this Waiver and all terms contained within are governed by the laws of the Province of Alberta. I hereby irrevocably submit to the exclusive jurisdiction of the courts of Alberta. Any litigation to enforce this Waiver must be instituted in the Province of Alberta.

I acknowledge that this document is intended to be as broad and inclusive as is permitted by the laws of the Government of Alberta and if any provision (or a part of any provision) contained herein is deemed to be invalid, the balance of the provisions shall continue in full legal force and effect, notwithstanding such invalidity.

I Agree

6. Confirmation: I confirm that I have thoroughly read and understood this Liability Waiver and Hold Harmless Agreement, and fully understand that it is a release of liability. I confirm that I have had sufficient time to read and understand each term in this Liability Waiver and Hold Harmless Agreement in its entirety, and I have agreed to the terms freely and voluntarily. I understand that this Waiver is binding on myself and my Legal Representatives. By signing this Liability Waiver and Hold Harmless Agreement, I am waiving any right I or my successors might have to bring legal action or assert a claim against Banff Wellness Retreat/Amanda Thomas and/or any Banff Wellness Retreat affiliates, contractors, instructors, administration or employees. I confirm that I have reached the age of majority in the Province of Alberta.

I Agree

Dated: December 26, 2024

First Participant's Name

First Name*

Last Name*

First Participant's Age Acknowledgment*

First Participant's Date of Birth*

I certify that I am 18 years of age or older

First Participant's Signature*

Type Signature

Draw Signature

Click to Sign

Second Participant's Name

First Name*

Last Name*

Second Participant's Date of Birth*

Third Participant's Name

First Name*

Last Name*

Third Participant's Date of Birth*

Fourth Participant's Name

First Name*

Last Name*

Fourth Participant's Date of Birth*

Fifth Participant's Name

First Name*

Last Name*

Fifth Participant's Date of Birth*

Sixth Participant's Name

First Name*

Last Name*

Sixth Participant's Date of Birth*

Seventh Participant's Name

First Name*

Last Name*

Seventh Participant's Date of Birth*

Eighth Participant's Name

First Name*

Last Name*

Eighth Participant's Date of Birth*

Ninth Participant's Name

First Name*

Last Name*

Ninth Participant's Date of Birth*

Tenth Participant's Name

First Name*

Last Name*

Tenth Participant's Date of Birth*

Parent or Guardian's Email Address

Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.

Parent or Guardian's Name

First Name*

Last Name*

Phone*

Parent or Guardian's Age Acknowledgment*

Parent or Guardian's Date of Birth*

I certify that I am 18 years of age or older

Parent or Guardian's Signature*

Type Signature

Draw Signature

Click to Sign

Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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Agree To This Document