retreat-agreement

ALIGNED STRENGTH AND WELLNESS RETREAT

WAIVER & RELEASE FORM

AWARENESS OF RISKS

I am fully aware of the risks and hazards involved in and around this Retreat, including but not limited to dangers from inclement weather, natural disasters, and the negligence of others, and am participating at my own risk.

ASSUMPTION OF RESPONSIBILITY

I take full responsibility for any risks, injuries or damages, known or unknown, that I may incur from participating in the Retreat. I represent and warrant that I am sufficiently physically fit and have no medical or mental health conditions that would influence my full participation in this Retreat. I agree that if I have any medical or mental health conditions, it is my sole responsibility to discuss participation in this Retreat with my health care team. I consent that Company may contact the Emergency Contact I have provided below if I have a medical emergency, am in danger, or am in danger of harming myself during the Retreat, but acknowledge that Company is under no legal duty of care or duty to report.

LIABILITY RELEASE

I hereby release and discharge Company and any of its employees, contractors, staff, officers, directors, representatives, companies, agents, associates, successors, and assigns, including photographers and videographers, from any and all legal liability, damage, or loss, including physical injury or death, and any and all claims and demands that may arise out of or in connection with the use of such Media, including without limitation any and all claims for defamation, infringement, moral rights, or violation of any right of publicity or right to privacy, arising from my participation in or around this Retreat, or arising from their negligence or other acts of omission, including but not limited to my participation in this Retreat.

INDEMNIFICATION

I agree to indemnify the Company against any and all claims and damages arising out of my own negligence, or my breach or alleged breach of any of the agreements made by me under this Agreement. I agree that in the Retreat of my death, this indemnification provision is binding upon my estate.

WAIVER OF CONSEQUENTIAL DAMAGES

No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.

INDEPENDENT CONTRACTORS AND VENDORS

I am aware and acknowledge that Company does not control and does not assume liability for the actions of any vendors, transportation providers, hotels, airlines, travel booking agencies, or independent contractors who are providing services in and around the Retreat.

ARBITRATION AND CHOICE OF LAW

Any controversy or claim arising out of or relating to this contract, or the breach thereof, will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and the laws of the State of Arizona and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims will be heard by a single arbitrator. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There will be no other discovery allowed. The arbitration will be based on the submission of documents and there will be no in-person or oral hearing. Time is of the essence for any arbitration under this agreement and arbitration hearings will take place within 90 days of filing and awards rendered within 120 days. Arbitrator will agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages in any arbitration initiated under this section. The prevailing party will be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.

MEDIA RELEASE

I consent that I may be photographed, videotaped, or recorded, in or around my participation in this Retreat. I acknowledge and agree that Company may use such photography, videography, or audio recordings (“Media”), including my name, likeness, or image, in or around the Retreat or the promotion, marketing, or sale of any product or service of Company, or in or around any other media regarding Company, now existing or hereinafter devised, without any additional compensation or payment to me.

DISCLAIMER

The quiz and the results provided are intended solely for informational purposes and should not be considered as a diagnostic tool. The scores obtained from this questionnaire are not indicative of any medical diagnosis or treatment recommendation. They are meant to serve as a general guideline for self-awareness and understanding of potential health concerns.

It is important to note that the information provided in this questionnaire does not replace professional medical advice, diagnosis, or treatment. Individuals are strongly advised to consult with qualified healthcare professionals for personalized evaluation and management of their health conditions.

By using this s you acknowledge and agree that it is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Furthermore, you understand that the results obtained from this questionnaire do not establish a doctor-patient relationship. The creators and providers of this questionnaire disclaim any liability for the accuracy, completeness, or usefulness of the information provided. Reliance on any information provided in this questionnaire is solely at your own risk. If you have any concerns about your health or medical condition, please seek guidance from a qualified healthcare professional promptly.

This Waiver and Release is binding upon me and my heirs, legal representatives, and assigns.

COVID-19 WAIVER OF LIABILITY AND INDEMNITY

An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is a contagious disease that can lead to severe illness and death.

LIABILITY AND INDEMNIFICATION RELEASE

I hereby release and discharge First Action Management, LLC and any of its employees, contractors, staff, officers, directors, representatives, companies, agents, associates, successors, and assigns, from any and all legal liability, damage, or loss, including physical injury or death, and any and all claims and demands that may arise during or as a result of my presence at Aligned Strength and Wellness Retreat, including but not limited to any such liability related to or arising out of illness, injury, or death associated with infection of COVID-19 or complications, symptoms, or other effects resulting from contracting COVID-19. I shall defend, indemnify, and hold harmless First Action Management, LLC and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to Aligned Strength and Wellness retreats.