In consideration of my participation in an Optimal Wellness Lakefront Retreat and associated events and Activities as defined below (collectively referred to as “Retreat”) and the services of Optimal Wellness Lakefront Retreat, its agents (including but not limited to Rashmi Schramm, MD, and Tea Stephens, MD), owners, officers, volunteers, participants, employees, sponsors, and all other persons or entities acting in any capacity on its behalf, as well as its successor and assigns (collectively referred to as “OWLR”) made during the Retreat, I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate (collectively referred to as “I”), hereby agree to release and discharge "OWLR" as follows:
1. Waiver of Liability and Release. I do hereby release and forever discharge "OWLR" from any and all liability, claims, demands, and causes in action, which arise or may hereafter arise or are in anyway connected to my involvement in a Retreat. I understand that this Agreement discharges "OWLR" from any liability or claim that I may have against "OWLR" with respect to any kind of injury including but not limited to bodily injury, personal injury, emotional injury, illness, death, or property damage that may result from my involvement in a Retreat, whether caused by the negligence of "OWLR", or otherwise. I also understand that "OWLR" 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. I understand and acknowledge that the Activities in which I will voluntarily engage in at a Retreat bear certain known inherent Risks that contribute to the unique character of these Activities, and that "OWLR" cannot eliminate, alter, or control these inherent risks. These Risks include those inherent in yoga activities, meditation activities as well as those inherent in recreational activities including but not limited to walking or hiking.
2. Indemnification and Hold Harmless. I hereby agree to indemnify and hold harmless "OWLR" from any liability, claims, demands, and causes in action, which are in any way connected to my involvement in a Retreat, or use of "OWLR" facilities or equipment, including any such claims which allege negligent acts or omissions of "OWLR". In the event any suit is brought against OWLR for any reason whatsoever, the parties waive forum non-conviens; the parties WAIVE THE RIGHT TO TRIAL BY JURY; and if any party or third-party beneficiary is required to enforce this Agreement, the prevailing party shall be entitled to all attorneys’ fees and costs.
3. Medical Care. I do hereby release and forever discharge "OWLR" from any liability, claims, demands, and causes in action that arise or may hereafter arise on account of any first aid, treatment, advice, or service rendered or not rendered in connection my involvement in a Retreat.
4. I hereby certify that I am physically fit, and has not been advised otherwise by a qualified medical person. I agree that "OWLR" is not qualified to evaluate me or my fitness for involvement in the Retreat. I must determine if I am sufficiently fit to participate. I hereby expressly and specifically assumes the risk of injury or harm in the my involvement in the Retreat, including, but not limited to all Risks. I agrees that my involvement in the Retreat is purely voluntary, and I elect to participate in the Retreat in spite of the Risks.
5. Definitions. “Activities” or “Activity” include, but are not limited to the following activities which may be provided by "OWLR”: yoga, hiking, training, classes, instruction, traveling to and from the Retreat, and all other activities associated with the Retreat. “Risks” include, but are not limited to those known risks inherent to the Activities specifically listed below, vehicular travel and traffic, road and trail conditions, known and unknown health conditions, allergies, sudden weather changes, rain, wind, hail, lightening, dehydration, heat stroke, snake bite, bee and other insect stings and/or bites, wild and domestic animals, inaccessibility to immediate medical attention, falling rocks and trees, equipment failure, driver error, rider error, my error, food provided, facilities, actions of other people, and acts of God. Risks inherent in yoga activities are dangers or conditions that are an integral part of yoga activities, including but not limited to minor muscle strains, muscle sprains, bruises, abrasions, post-exercise muscle soreness, joint injuries, torn muscles, heat-related illnesses, broken bones, ACL injuries, back injuries, stroke, heart attack, paralysis, death, and injury or death caused by any of the following: equipment that breaks or otherwise fails, slips and falls, lack of nutrition or hydration, negligence on the part of myself or other people around me, terrain, facilities, temperature, weather, condition, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, and teachers. Risks inherent in nature recreational activities are dangers or conditions that are an integral part of country recreational activities, including but not limited to sudden weather changes, rain, wind, hail, lightning, my physical condition and physical exertion for which I was not prepared, hypothermia, hyperthermia, dehydration, heat stroke, snake bite, bee stings, insect bites and/or stings, wild and domestic animals, distance and inaccessibility to immediate medical attention, travel over rough terrain, falling rocks and trees.
6. Personal Property. I acknowledge and agree that I am responsible for my equipment and all personal property during the Retreat and that "OWLR" is not responsible in any way for such property whether it is lost, stolen or damaged.
7. Photographic Release. I do hereby grant and convey unto "OWLR" all right, title and interest in any and all photographic images, video or audio recordings made by "OWLR" during the Retreat, including but not limited to royalties, proceeds, or other benefits derived. I authorize "OWLR" to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.
8. Interpretation and Governing Law. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under Florida 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 State of Florida. Venue for any legal action shall be in the state or federal courts of Alachua County or Florida as applicable. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
9. Refunds: No refunds will be made for any classes or other activities that the participant misses or decides not to participate in for any reason, or if the participant leaves prior to the retreat conclusion. Force Majeure/Acts of God: In the case that unforeseen circumstances beyond the reasonable control of OWLR shall not be considered in breach of its obligations and shall not incur any liability for any losses or damages of any nature whatsoever incurred by you.
10. Conduct: I agree to behave respectfully toward all participants, organizers, and Retreat staff for the duration of the retreat, or I may be asked to leave at your expense with no refunds.
11. COVID: While participating in OWLR, I must follow current CDC guidelines and venue guidelines to reduce the risks of exposure to COVID-19, including full vaccination by the time of the event. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, OWLR has put in place preventative measures to reduce the spread of COVID-19. However, OWLR cannot guarantee that its participants, partners, or others in attendance will not become infected with COVID-19. In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in OWLR event. By attending a OWLR event, you certify that you do not fall into any of the following categories:
A. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others who have NOT been tested for COVID-19 after the onset of those symptoms or B. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID 19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment (other than through normal work as a healthcare professional). Participants agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact OWLR if she experiences symptoms of COVID-19 within 14 days after participating in events with OWLR. I acknowledge and understand the following: 1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; 2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID 19, even if arising from the negligence or fault of OWLR; and 3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of OWLR. 4. I agree to be fully vaccinated by the time of the retreat, and I understand that anyone who is not fully vaccinated will not be allowed to attend the retreat and will forfeit their retreat fee in full.