Spiritual Retreat in Mount Shasta (Participant Agreement)
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NESTER SERVICES / LLC “International Institute of Holistic Development (IIHD)”
SPIRITUAL RETREAT IN MOUNT SHASTA
PARTICIPANT AGREEMENT, ASSUMPTION OF RISK, LIABILITY WAIVER, AND MANDATORY BINDING ARBITRATION AGREEMENT
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WARNING: THIS IS A LEGALLY BINDING DOCUMENT. READ IT CAREFULLY. By clicking the "I Agree" button, you are giving up substantial legal rights, including the right to sue for injuries or death resulting from the ordinary negligence of the organizers. Do not agree to this document unless you have read it in its entirety and understand it completely.
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This Participant Agreement, Assumption of Risk, Liability Waiver, and Mandatory Binding Arbitration Agreement (the "Agreement") is entered into by you, the participant ("Participant" or "I"), and the International Institute of Holistic Development (IIHD), its directors, officers, managers, employees, volunteers, agents, representatives, and collaborators (collectively, the "Released Parties"). Participation in the Spiritual Retreat in Mount Shasta (the "Event") is expressly conditioned on your acceptance of all terms and conditions of this Agreement.
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1. Acknowledgment and Voluntary Assumption of Inherent Risks
I understand and acknowledge that the Event involves activities that are inherently risky. Inherent risks are those that cannot be eliminated without fundamentally altering the nature of the activity. These risks include, but are not limited to:
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Physical, mental, and emotional exertion associated with retreat activities.
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Travel-related risks (by car, foot, or otherwise) to, from, and during the Event.
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Risks associated with outdoor activities, including but not limited to hiking, meditation in nature, exposure to unpredictable weather, difficult terrain, water bodies, and encounters with wildlife.
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Accidents, illnesses, or incidents occurring at any accommodation, venue, or location related to the Event.
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The risk that I or another participant may act in a negligent or intentional manner that contributes to injury or death.
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I certify that I am at least eighteen (18) years of age and am physically and mentally fit to participate in all voluntary activities of the Event. I hereby knowingly and voluntarily assume full responsibility for all such inherent risks, whether known or unknown.
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2. RELEASE AND WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE
THIS SECTION IS A BINDING RELEASE OF LEGAL RIGHTS. IT MUST BE READ CAREFULLY. IT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF FLORIDA.
IN CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE IN THE EVENT, I, ON BEHALF OF MYSELF, MY SPOUSE, HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY KNOWINGLY AND EXPRESSLY WAIVE, RELEASE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY ME OR MY PROPERTY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, WHILE PARTICIPATING IN THE EVENT, OR WHILE IN, ON, OR UPON THE PREMISES WHERE THE EVENT IS BEING CONDUCTED.
I UNDERSTAND THAT ORDINARY NEGLIGENCE INCLUDES, BUT IS NOT LIMITED TO, THE FAILURE OF THE RELEASED PARTIES TO USE REASONABLE CARE IN THE MAINTENANCE OF FACILITIES OR EQUIPMENT, THE HIRING OR TRAINING OF STAFF, OR THE ORGANIZATION OR SUPERVISION OF THE EVENT.
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3. Scope of Waiver: Gross Negligence and Intentional Acts
I understand that this Agreement does not release the Released Parties from liability for their own gross negligence, reckless conduct, or intentional or willful wrongdoing. Under the laws of the State of Florida, liability for such acts cannot be waived. "Gross negligence" involves conduct that is an extreme departure from what a reasonably careful person would do.
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4. Indemnification and Hold Harmless
I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney's fees, brought as a result of my involvement in the Event and to reimburse them for any such expenses incurred.
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5. MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, AND GOVERNING LAW
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES THAT DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION INSTEAD OF A LAWSUIT IN COURT.
I agree that any dispute, claim, or controversy arising out of or relating to this Agreement or my participation in the Event (a "Dispute") shall be determined by binding arbitration. By agreeing to arbitration, I am giving up my right to have a Dispute heard in a court of law before a judge or jury.
The arbitration shall be administered by a single, neutral arbitrator. I further agree that I will not be a member of any class-action lawsuit against the Released Parties. All Disputes must be brought in my individual capacity.
This Agreement and any Dispute shall be governed by the laws of the State of Florida. The exclusive jurisdiction and venue for any arbitration proceeding shall be Osceola County, Florida.
6. Declaration of Understanding, Voluntary Consent, and Digital Agreement
I hereby declare that I have read this entire Agreement, and I fully and clearly understand its contents. I certify that I am 18 years of age or older and legally competent to enter into this agreement. I am aware that by agreeing to this document, I am assuming all risks and waiving substantial legal rights.
If any portion of this Agreement is held to be invalid, I agree that the remainder shall continue in full legal force and effect.
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By clicking the "I Agree" or similar button to submit my registration, I acknowledge that I am agreeing to these terms freely and voluntarily. I intend my electronic agreement to be a complete and unconditional release of all liability for ordinary negligence to the greatest extent allowed by law, and for it to be as valid as a handwritten signature.
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