2019 Women’s Hike and Yoga Retreat Waiver and Release
Waiver and Release Agreement
In consideration of my participation in the 2019 Women’s Hiking and Yoga Retreat as well as the associated events and activities (collectively, “Retreat,”) I agree as follows:
- Definitions. “Activities” shall include walking, hiking, running, yoga, pilates, core strength exercises, dynamic and joint mobility exercises, stretches, training, instruction, transportation in released (defined below in this paragraph) or other vehicles, traveling to and from a Retreat and all other activities associated with the Retreat. “Risks” shall include, without limitation, vehicular traffic, road and trail conditions, health conditions, weather, equipment failure, driver error, participant error, food provided, facilities, actions of other people, and the actions, negligence and carelessness of the Released, as defined below. “Released” shall include the Retreat organizers and leaders, Dynamic Training Multi-Sport and Fitness Coaching, volunteers, officers, directors, employees, contractors and agents, the owners or operators of any Retreat facilities or equipment provided, and the sponsors of the Retreat.
- Certification, Acknowledgements, Assumption of Risk, Health and Safety. I hereby certify that there are no health-related reasons or problems that preclude or restrict my participation in the Retreat, that I am physically fit, able to walk on unstable surfaces, such as trails, paths, grass and roads, and have not been advised otherwise by a qualified medical person. I hereby assume all risks of participation in the Activities and the Retreat, including without limitation all Risks, whether such risks are caused (a) by the negligence or carelessness of the retreat leaders, (b) the negligence or carelessness of myself or (c) from dangerous or defective equipment or property owned or provided in any way by the Released. I acknowledge that the Retreat is, or may be an extreme test of my physical and mental limits and carries with it the potential for serious injury, property loss and even death.
- Waiver, Release and Agreement Not to Sue. I, and on behalf of my executors, administrators, heirs, successors, assigns, and as the parent or legal guardian of a participant of a Retreat, agree NOT TO SUE or make a claim against the Released Parties for any and all damage, death, injuries, loss, or harm that occur during the Retreat or while travel to and from the Retreat and Retreat Activities. This release includes, but is not limited to, claims for strict liability for any abnormally dangerous activities in which I choose to participate in the course of the Retreat, whether caused by negligence or carelessness of the Released or otherwise.
- Indemnification and Hold Harmless. I, and on behalf of my executors, administrators, heirs, successors, assigns, and as the parent or legal guardian of a participant of a Retreat, hereby agree to indemnify and hold harmless the Released and each of them from all liabilities, causes of action, claims and demands that arise from my acts or my failure to act, including my own negligence, during or relating to the Retreat. I, agree to indemnify and hold harmless the Released and each of them from all liabilities, causes of action, claims and demands that arise from any loss, liability or damage, including reasonable attorney’s fees incurred in any suit, demand or legal action arising out of any alleged injury, damage or death resulting from engaging in any Activities, participation in the Retreat, or is alleged to or did result from the negligence or carelessness of any person. In accordance with this promise, I shall reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees that they incur because of any such claims made against them including through appeal. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section 4, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
- Medical Care. Although I acknowledge that there is no obligation of any person to provide any participant with medical care during, prior to or after a Retreat, in the event medical treatment is provided to me or my child or legal guardian, I hereby consent to such care. Paragraphs 2 through 4 of this waiver and release shall apply to such medical care and such medical care shall be deemed to be an Activity.
- Personal Property. I acknowledge and agree that I am responsible for my equipment and all personal property during the Retreat and that the Released are not responsible in any way for such property whether it is lost, stolen or damaged.
- Words and Images. I understand that during a Retreat I may be photographed, videotaped and or my words may be recorded and authorize and allow MG Health and Multisport Coaching/or Martha Grinnell to use such images, words and likenesses for marketing, on websites, social media in brochures or other writings and any other legitimate purpose.
- Applicable Law, Forum and Attorney’s Fees: I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Massachusetts law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
This agreement is governed by and shall be construed in accordance with the laws of the state of Massachusetts, without any reference to its choice of law rules. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under Massachusetts state law. I agree that any dispute arising from this Agreement or in any way associated with the Retreat shall be brought in the federal courts of Hampshire County, Massachusetts, or depending on applicable laws concerning jurisdiction, in the U.S. District Court for the District of Massachusetts. I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforce-ability of this agreement is contested, I agree that the prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.
Participant’s Name (Print)
Participant’s Name (Signed) DATE
Parent or Guardian’s Name – If under the age of 18 (Print)
Parent or Guardian’s Name (signed) DATE