Participant Agreement, Waiver of Liability & Release Agreement
PLEASE READ CAREFULLY -
In consideration of my participation in a Sage Map Energy & Wellness, LLC, retreat, on the property of King Murphy’s Retreat, LLC and associated events and activities (collectively referred to as “Retreat”) and the services of Sage Map Energy & Wellness LLC, and King Murphy’s Retreat, LLC, their agents, owners, officers, volunteers, participants, employees, sponsors, and all other persons or entities acting in any capacity on their behalf, as well as its successor and assigns (collectively referred to as “SM & KM”), I (referred to as “Participant”), 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 SM & KM as follows:
1. Waiver of Liability and Release: Participant does hereby release and forever discharge SM & KM from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to Participant’s involvement in Retreat. Participant understands that this agreement discharges SM & KM from any liability or claim that the Participant may have against SM & KM with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Participant’s involvement in a Retreat. Participant also understands that SM & KM 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. Participation in Retreat is voluntary an Participant understands and acknowledges that the Activities in which Participant will engage in at Retreat bear certain known inherent Risks that contribute to the unique character of these activities, and that SM & KM cannot eliminate, alter, or control these inherent risks. These risks include but are not limited to those inherent in hiking, in physical activities, apiary activities, sharing in meals, as well as those inherent in recreational activities.
2. Indemnification and Hold Harmless: Participant hereby agrees to indemnify and hold harmless SM & KM from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in Retreat, or use of SM & KM facilities or equipment, including any such claims which allege acts or omissions of SM & KM.
3. Medical Care. Participant does hereby release and forever discharge SM & KM 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 Retreat.
4. Certification and Assumption of Risk: Participant hereby certifies that he/she is physically fit, and has not been advised otherwise by a qualified medical person or upon own assessment. Participant agrees that SM & KM is not qualified to evaluate Participant or Participant’s fitness for involvement in Retreat. Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in the Retreat, including, but not limited to all risks.
5. Definitions. “activities” include, but are not limited to the following activities which may be provided and/or sponsored by SM & KM: yoga, hiking, apiary participation, consumption of meals, transportation in other vehicles, training, classes, instruction, traveling to and from Retreat, and all other activities associated with Retreat. “Risks” include, but are not limited to those known risks inherent to the activities specifically listed above, and vehicular travel and traffic, road and trail conditions, known and unknown health conditions, allergies, sudden weather changes, bee and other insect stings and/or bites, falling rocks and trees, equipment failure, driver error, rider error, Participant error, food preparation and consumption, facilities, actions of other people, and acts of God.
6. Personal Property: Participant acknowledges and agrees that he/she is responsible for his/her personal property during the Retreat and that SM & KM is not responsible in any way for such property whether it is lost, stolen or damaged.
7. Covid precaution: Participant agrees to taking a covid test, not more than 24 hours, before Participant travels to Retreat. In the event of a positive Covid test, Participant agrees not to attend Retreat and agrees to a base retreat investment credit for a future Sage Map Energy & Wellness, LLC retreat.
8. Cancellation: Participant’s $200 deposit is non-refundable. If Participant cancels Retreat experience before October 1, the remainder of the base retreat investment paid is returned to Participant (minus the $200 deposit). If Participant cancels Retreat experience after October 1, no refund is provided. Instead, a credit is issued for base retreat investment for a future Sage Map Energy & Wellness, LLC retreat (minus the $200 deposit). Sage Map Energy & Wellness reserves the right to cancel the retreat, with advance notice. In the unforeseen event the retreat is canceled, a full refund of the base retreat investment will be issued for registered guests.
8. Interpretation and Governing Law: This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under New Jersey and Tennessee 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 States of NJ and Tennessee.