Participant Agreement, Waiver of Liability & Release agreement
Please read carefully - by agreeing to this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are a result of the provider's failure to exercise reasonable care.
As a participant, you are agreeing with an electronic check box that you have read and agree with the following agreements.
In consideration of my participation in a Holistic Alchemy, LLC, retreat, class and associated events and activities (collectively referred to as 'event') and the services of Holistic Alchemy, LLC, it's agents, owners, officers, volunteers, participants, employees, sponsors and all other persons or entities acting in any capacity on it's behalf, as well as its successor and assigns (collectively referred to 'HALLC'), I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate (collectively referred to as 'participant'), hereby agree to release and discharge HALLC as follows:
Waiver of Liability and Release
Participant does hereby release and forever discharge HALLC from any and all liability, claims, and causes in action, in which arise or may hereafter arise or are in any way connected to participant's involvement in an event. Participant understands that this agreement discharges HALLC from any liability or claim that the participant may have against HALLC with respect to any bodily injury, personal injury, illness, death ,or property damage that may result from the participant's involvement in an event, wether caused by the negligence of HALLC, or otherwise. Participant also understands that HALLC does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
Participant understands and acknowledges that the activities in which participant will voluntarily engage in at the event bear certain known inherent risks that contribute to the unique character of these activities and that HALLC cannot eliminate, alter, or control these inherent risks. These risks include those inherent in yoga activities, as well as those inherent in outdoor recreational activities.
Indemnification and Hold Harmless
Participant hereby agrees to indemnify and hold harmless HALLC from any liability, claims, and causes in action, which are in any way connected to the participant's involvement in an event, or use of HALLC rented or owned facilities or equipment, including any such claims which allege negligent acts or omissions of HALLC.
Medical Care
Participant does hereby release and forever discharge HALLC from any liability, claims, and causes in action that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with the participant's involvement in an event.
Certification and Assumption of Risk
Participant hereby certifies that he/she/them is physically fit, has trained sufficiently for participation in the event and has not been advised otherwise by a qualified medical person. Participant agrees that HALLC is not qualified to evaluate participant or participant's fitness for involvement in the event. Participant must determine if he/she/them is sufficiently fit to participate. Participant hereby expressly and specifically assumes the risk of injury or harm in the participant's involvement in the event, including, but not limited to all risks. Participant agrees that his/her/their involvement in the event is purely voluntary, and participant elects to participate in the event in spike of the risks.
Definitions
'activities' include, but are not limited to the following activities which may be provided and/or sponsored by HALLC: yoga, hiking, training, classes, instruction, traveling to and from the event, and all other activities associated with the event.
'risks' include, but are not limited to those known risks inherent to the activities specifically listed below, travel and traffic, road and trail conditions, known and unknown health conditions, allergies, sudden weather changes, rain, snow, wind, hail, lightening, dehydration, heat stroke, snake bite, bee and other insect stings and/or bites, wild and domestic animals, inaccessibility to immediate medical attention, participant error, food provided, facilities, actions of other people and acts of 'god'.
Risks inherent in yoga activities are dangers or conditions that are an integral part of yoga activities including but not limited to minor muscle strains, muscle sprains, bruises, abrasions, post-exercise muscle soreness, joint injuries, torn muscles, broken bones, ACL injuries, back injuries, stroke, heart attack, paralysis, death, and injury or death caused by any of the following: equipment that breaks or otherwise fails, slips and falls, lack of nutrition or hydration, negligence on the part of the participant or other people around participant, terrain, facilities, temperature, weather, condition, equipment, actions of other people, including, but not limited to, participants, volunteers, spectators, and teachers.
Risks inherent in outdoor recreational activities are dangers or conditions that are integral part of outdoor recreational activities, including, but not limited to sudden weather changes, rain, snow, wind, hail, lightening, participants physical condition and physical exertion for which the participant is not prepared, hypothermia, hyperthermia, dehydration, heat stroke, snake bite, bee/insect bites/stings, wild and domestic animals, distance and inaccessibility to immediate medical attention, travel over rough terrain, falling rocks and trees.
Personal Property
Participant acknowledges and agrees that he/she/they is responsible for his/her/them equipment and all personal property during the event and that HALLC is not responsible in any way for such property whether it is lost, stolen or damaged.
Photographic Release
Participant does hereby grant and convey unto HALLC all right, title and interest in any and all photographic images, video or audio recordings made by HALLC during the event, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes HALLC to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.
Interpretation and Governing Law
This document shall be constructed broadly to provide a release and waiver to the maximum extent permitted under Washington law. If any portion of this document shall be held as invalid it is agreed that the balance shall continue to be in full force and effect. This document shall be governed by the laws of the State of Washington. Venue for any legal action shall be in the state or federal courts of Chelan County or Washington as applicable.
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**If in agreement, please proceed back to the registration form and check the box next to 'I agree to the Aaiver of Liability and Release Agreement' as an electronic signature.**