WARNING: THIS AGREEMENT WILL AFFECT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. READ CAREFULLY. TO: The Hygge Wellness Company (“Hygge Company”) and Hygge in a Box (“Hygge Box” together with Hygge Company collectively referred to herein as “HyggeWellness”) and their affiliates, subsidiaries, owners, directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, hosts, volunteers, successors and assigns (collectively, the “Releasees”). DEFINITION: in this Agreement, activities shall include all activities, events, retreats or services provided, food provided, arranged, organized, conducted, sponsored or authorized by the Releasees (collectively, the “Activities”). GENERAL 1. I certify that I am 18 years of age or older, and/or that I am signing in my capacity as a parent/guardian for a participant who is under the age of 18 (the “Minor”) with the intent that this Agreement be binding on myself and such Minor for all legal purposes. 2. I certify that I am, or the Minor is, in good health and do not suffer from a heart condition or other ailment which could be exacerbated by the exertion involved in participating, observing or otherwise engaging in the Activities. 3. I expressly give Hygge Wellness permission to use photographs and/or video of me taken in and during the retreat for the purposes of advertising and/or promoting Hygge Wellness. If uncomfortable, please notify Hygge Wellness. In consideration of participating in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: ASSUMPTION OF RISKS I am aware that participation, observation and/or other engagement in the Activities involves many risks, dangers and hazards including, but not limited to: broken bones, injuries related to exposure to natural elements, severe injuries to the head, neck, and back, allergic reactions or other bodily injuries that may result in permanent disability or death. I am aware that potential causes of injury include, but are not limited to: negligence on part of the participants; and NEGLIGENCE ON THE PART OF THE RELEASEES INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS AS A RESULT OF MY PARTICIPATION, OBSERVATION AND/OR OTHER ENGAGEMENT IN THE ACTIVITIES. Iunderstand that this description of potential risks and the list of potential causes of injury are not complete and that unknown or unanticipated risks or causes of injury may result in injury, illness, or death. I am aware of the risks, dangers and hazards associated with the Activities and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom. I understand that Hygge Wellness may be using or recommending the services of certain hotels, organizers, facilities or other agencies not directly controlled by Hygge Wellness (in this paragraph, a "Third Party"). I further understand that Hygge Wellness accepts no responsibility for any acts or omissions of, or for any breach of contract, misrepresentation, negligence or error of such Third Parties, with respect to all matters in connection with the Activities including, but not limited to, the nature, or extent of the Activities, the lodging, food, transportation or other facilities provided or to be provided in conjunction with the Activities and any acts of such parties which may lead to the cancellation or curtailment of the Activities any other material changes to the Activities. I agree that I will not hold Hygge Wellness responsible for any such cancellation, curtailment, or material changes to the Activities by any Third Party, and in particular, I agree to release and hold harmless Hygge Wellness from, and will not bring legal action against it for, any claims, demands, expenses, costs (including legal costs), suits, debts, liabilities and causes of action which may arise out or of be connected to any act or omission by any Third Party.
I also acknowledge, agree and am aware that alcohol may be consumed by myself or by other participants and I accept the risks and dangers inherent in consuming alcohol myself or being in the company of persons consuming alcohol and I acknowledge that consumption of alcohol is NOT part of the Activities. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have AGAINST THE RELEASEES, and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation, observation and/or other engagement in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER APPLICABLE OCCUPIERS” LIABILITY LEGISLATION, INCLUDING, THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, c. O.2, AND THE OCCUPIERS’ LIABILITY ACT, R.S.M. 1987, c. O8. To hold harmless and indemnify the Releasees for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation, observation and/or other engagement in the Activities.
This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity.
This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the province of Manitoba and no other jurisdictions.
Any litigation involving the parties to this Agreement shall be brought solely within the province of Manitoba and shall be within the exclusive jurisdiction of the Courts of Manitoba. MISC. Confidentiality The content of all sessions is considered to be confidential. Both verbal information and written records about a client cannot be shared with any other party without the written consent of the client. There are exceptional situations where I am ethically, professionally, and/or legally required to share information about you and/or your situation without your written consent. These situations include the following:
1. If I have information about the abuse or risk of abuse and/or neglect to a child then I must report this information to the appropriate authorities. Abuse includes but is not limited to physical violence, sexual violence, emotional violence, and/or neglect. 2. If I have concern about any risk that you may harm another person or yourself then I am obligated to ensure your safety and the safety of others by informing the appropriate services and/or individuals.
I confirm that I have had sufficient time to read and understand this Agreement in its entirety, and have agreed to the terms freely and voluntarily without inducement. I understand that by signing this Agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releasees. January 17, 2025
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