Waiver and Release of Liability

IN CONSIDERATION OF any/all risk that exists while participating in June 2022 CRYSTAL WATERS WOMEN’S RETREAT (hereinafter the “Activity”); and

 

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

 

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me”, knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

 

I HEREBY release and forever discharge MALINDA ZARATE, INDIVIDUALLY, AND  DBA (doing business as) EMBOLDENED HEART, located at 16 Patacon Way, Hot Springs Village, Arkansas 71909, their affiliates, managers, members, agents, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

 

I AM  VOLUNTARILY  PARTICIPATING  IN  THE AFOREMENTIONED ACTIVITY AND  I AM  PARTICIPATING  IN  THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE INJURY OR ILLNESS, LOSS (FINANCIAL OR OTHERWISE) AS A RESULT OF MY PARTICIPATION IN EVENT.  MY PARTICIPATION MAY INCLUDE WALKING, HIKING, STAIR CLIMBING, SWIMMING, BOATING, MOVEMENT, TRAVEL AND TRANSPORT TO AND FROM EXCURSION SITES BY CAR, FOOD AND BEVERAGE INTAKE, ETC.

I UNDERSTAND AND I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

 

I  FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

 

I FURTHER ACKNOWLEDGE that In the event that I should require medical care or treatment, I authorize Malinda Zarate dba Emboldened Heart to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR,  emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I am responsible to carry my own health insurance.

 

I  HEREBY  ACKNOWLEDGE  THAT  I  HAVE  CAREFULLY  READ  THIS  “WAIVER  AND  RELEASE”  AND  FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE   Malinda Zarate, Individually, and  DBA Emboldened Heart AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR  CAUSES  OF ACTION AND  I AGREE  TO  VOLUNTARILY  GIVE  UP  OR  WAIVE ANY  RIGHT  THAT  I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Malinda Zarate, Individually, and DBA Emboldened Heart FOR PERSONAL INJURY OR PROPERTY DAMAGE.

I agree that this Release shall be governed for all purposes by Arkansas law, without regard to any conflict of law principles. .

In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

 

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE EVENT, DURING THE INITIAL AND ALL SUBSEQUENT ACTIVITIES.

 

THIS AGREEMENT was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength.  Both Participant and Malinda Zarate DBA Emboldened Heart agree that this agreement is clear and unambiguous as to its terms, and that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

 

In the event  that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

 

 

Participant’s Name:                                                                                                                               

 

Participant’s Address:                                                                                                                           

 

Signature:       _____________________________________________________

 

Date:   __________________________________________________________

 

In the event of an emergency, please contact the following person:

 

Emergency Contact Name                                                Contact Relationship                                         Contact Telephone

 

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